Public Act 103-0605
 
HB4844 EnrolledLRB103 39009 AMC 69146 b

    AN ACT to revise the law by combining multiple enactments
and making technical corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Nature of this Act.
    (a) This Act may be cited as the First 2024 General
Revisory Act.
    (b) This Act is not intended to make any substantive
change in the law. It reconciles conflicts that have arisen
from multiple amendments and enactments and makes technical
corrections and revisions in the law.
    This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
    (c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
    (d) Public Acts 102-1119 through 103-583 were considered
in the preparation of the combining revisories included in
this Act. Many of those combining revisories contain no
striking or underscoring because no additional changes are
being made in the material that is being combined.
 
    Section 5. The Regulatory Sunset Act is amended by
changing Section 4.39 as follows:
 
    (5 ILCS 80/4.39)
    Sec. 4.39. Acts and Section repealed on January 1, 2029
and December 31, 2029.
    (a) The following Acts and Section are repealed on January
1, 2029:
        The Electrologist Licensing Act.
        The Environmental Health Practitioner Licensing Act.
        The Illinois Occupation Therapy Practice Act.
        The Crematory Regulation Act.
        The Illinois Public Accounting Act.
        The Private Detective, Private Alarm, Private
    Security, Fingerprint Vendor, and Locksmith Act of 2004.
        Section 2.5 of the Illinois Plumbing License Law.
        The Veterinary Medicine and Surgery Practice Act of
    2004.
        The Registered Surgical Assistant and Registered
    Surgical Technologist Title Protection Act.
    (b) The following Act is repealed on December 31, 2029:
        The Structural Pest Control Act.
(Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23;
103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff.
8-4-23; revised 8-28-23.)
 
    Section 10. The Illinois Administrative Procedure Act is
amended by setting forth, renumbering, and changing multiple
versions of Sections 5-45.35 and 5-45.36 as follows:
 
    (5 ILCS 100/5-45.35)
    Sec. 5-45.35. (Repealed).
(Source: P.A. 102-1104, eff. 12-6-22. Repealed internally,
eff. 12-6-23.)
 
    (5 ILCS 100/5-45.36)
    (Section scheduled to be repealed on June 7, 2024)
    Sec. 5-45.36. Emergency rulemaking. To provide for the
expeditious and timely implementation of Section 234 of the
Illinois Income Tax Act, emergency rules implementing that
Section may be adopted in accordance with Section 5-45 by the
Department of Revenue. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
    This Section is repealed on June 7, 2024 (one year after
the effective date of Public Act 103-9) this amendatory Act of
the 103rd General Assembly.
(Source: P.A. 103-9, eff. 6-7-23; revised 9-27-23.)
 
    (5 ILCS 100/5-45.38)
    (Section scheduled to be repealed on January 10, 2024)
    Sec. 5-45.38 5-45.35. Emergency rulemaking. To provide for
the expeditious and timely implementation of Public Act
102-1116 this amendatory Act of the 102nd General Assembly,
emergency rules implementing Public Act 102-1116 this
amendatory Act of the 102nd General Assembly may be adopted in
accordance with Section 5-45 by the Illinois State Police. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
    This Section is repealed on January 10, 2024 (one year
after the effective date of Public Act 102-1116) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1116, eff. 1-10-23; revised 3-13-23.)
 
    (5 ILCS 100/5-45.39)
    (Section scheduled to be repealed on January 13, 2024)
    Sec. 5-45.39 5-45.35. Emergency rulemaking; temporary
licenses for health care. To provide for the expeditious and
timely implementation of Section 66 of the Medical Practice
Act of 1987, Section 65-11.5 of the Nurse Practice Act, and
Section 9.7 of the Physician Assistant Practice Act of 1987,
emergency rules implementing the issuance of temporary permits
to applicants who are licensed to practice as a physician,
advanced practice registered nurse, or physician assistant in
another state may be adopted in accordance with Section 5-45
by the Department of Financial and Professional Regulation.
The adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
    This Section is repealed on January 13, 2024 (one year
after the effective date of Public Act 102-1117) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; revised 3-13-23.)
 
    (5 ILCS 100/5-45.40)
    (Section scheduled to be repealed on January 18, 2024)
    Sec. 5-45.40 5-45.35. Emergency rulemaking; rural
emergency hospitals. To provide for the expeditious and timely
implementation of Public Act 102-1118 this amendatory Act of
the 102nd General Assembly, emergency rules implementing the
inclusion of rural emergency hospitals in the definition of
"hospital" in Section 3 of the Hospital Licensing Act may be
adopted in accordance with Section 5-45 by the Department of
Public Health. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the
public interest, safety, and welfare.
    This Section is repealed on January 18, 2024 (one year
after the effective date of Public Act 102-1118) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1118, eff. 1-18-23; revised 3-13-23.)
 
    (5 ILCS 100/5-45.41)
    (Section scheduled to be repealed on February 3, 2024)
    Sec. 5-45.41 5-45.35. Emergency rulemaking. To provide for
the expeditious and timely implementation of the Invest in
Illinois Act, emergency rules implementing the Invest in
Illinois Act may be adopted in accordance with Section 5-45 by
the Department of Commerce and Economic Opportunity. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
    This Section is repealed on February 3, 2024 (one year
after the effective date of Public Act 102-1125) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1125, eff. 2-3-23; revised 3-13-23.)
 
    (5 ILCS 100/5-45.45)
    (Section scheduled to be repealed on June 16, 2024)
    Sec. 5-45.45 5-45.35. Emergency rulemaking; Substance Use
Disorder Residential and Detox Rate Equity. To provide for the
expeditious and timely implementation of the Substance Use
Disorder Residential and Detox Rate Equity Act, emergency
rules implementing the Substance Use Disorder Residential and
Detox Rate Equity Act may be adopted in accordance with
Section 5-45 by the Department of Human Services and the
Department of Healthcare and Family Services. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
    This Section is repealed on June 16, 2024 (one year after
the effective date of Public Act 103-102) this amendatory Act
of the 103rd General Assembly.
(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)
 
    (5 ILCS 100/5-45.46)
    (Section scheduled to be repealed on January 1, 2025)
    Sec. 5-45.46 5-45.35. Emergency rulemaking; Illinois Law
Enforcement Training Standards Board. To provide for the
expeditious and timely implementation of the changes made in
Sections 8.1 and 8.2 of the Illinois Police Training Act,
emergency rules implementing the waiver process under Sections
8.1 and 8.2 of the Illinois Police Training Act may be adopted
in accordance with Section 5-45 by the Illinois Law
Enforcement Training Standards Board. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
    This Section is repealed on January 1, 2025 (one year
after the effective date of Public Act 103-389) this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-389, eff. 1-1-24; revised 9-7-23.)
 
    (5 ILCS 100/5-45.47)
    (Section scheduled to be repealed on August 4, 2024)
    Sec. 5-45.47 5-45.35. Emergency rulemaking; Department of
Natural Resources. To provide for the expeditious and timely
implementation of Section 13 of the Human Remains Protection
Act, emergency rules implementing Section 13 of the Human
Remains Protection Act may be adopted in accordance with
Section 5-45 by the Department of Natural Resources. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
    This Section is repealed on August 4, 2024 (one year after
the effective date of Public Act 103-446) this amendatory Act
of the 103rd General Assembly.
(Source: P.A. 103-446, eff. 8-4-23; revised 9-27-23.)
 
    (5 ILCS 100/5-45.48)
    (Section scheduled to be repealed on January 1, 2025)
    Sec. 5-45.48 5-45.35. Emergency rulemaking; occupational
licenses. To provide for the expeditious and timely
implementation of Public Act 103-550 this amendatory Act of
the 103rd General Assembly, emergency rules implementing the
changes made to Section 9 of the Illinois Gambling Act may be
adopted in accordance with Section 5-45 by the Illinois Gaming
Board. The adoption of emergency rules authorized by Section
5-45 and this Section is deemed to be necessary for the public
interest, safety, and welfare.
    This Section is repealed on January 1, 2025 (one year
after the effective date of Public Act 103-550) this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-550, eff. 1-1-24; revised 1-30-24.)
 
    (5 ILCS 100/5-45.50)
    Sec. 5-45.50 5-45.35. (Repealed).
(Source: P.A. 102-1108, eff. 12-21-22. Repealed internally,
eff. 12-21-23)
 
    (5 ILCS 100/5-45.51)
    (Section scheduled to be repealed on June 16, 2024)
    Sec. 5-45.51 5-45.36. Emergency rulemaking; Medicaid
reimbursement rates for hospital inpatient and outpatient
services. To provide for the expeditious and timely
implementation of the changes made by Public Act 103-102 this
amendatory Act of the 103rd General Assembly to Sections
5-5.05, 14-12, 14-12.5, and 14-12.7 of the Illinois Public Aid
Code, emergency rules implementing the changes made by Public
Act 103-102 this amendatory Act of the 103rd General Assembly
to Sections 5-5.05, 14-12, 14-12.5, and 14-12.7 of the
Illinois Public Aid Code may be adopted in accordance with
Section 5-45 by the Department of Healthcare and Family
Services. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the
public interest, safety, and welfare.
    This Section is repealed on June 16, 2024 (one year after
the effective date of Public Act 103-102) this amendatory Act
of the 103rd General Assembly.
(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)
 
    (5 ILCS 100/5-45.52)
    (Section scheduled to be repealed on December 8, 2024)
    Sec. 5-45.52 5-45.35. Emergency rulemaking; Public Act
103-568 this amendatory Act of the 103rd General Assembly. To
provide for the expeditious and timely implementation of
Public Act 103-568 this amendatory Act of the 103rd General
Assembly, emergency rules implementing Public Act 103-568 this
amendatory Act of the 103rd General Assembly may be adopted in
accordance with Section 5-45 by the Department of Financial
and Professional Regulation. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
    This Section is repealed on December 8, 2024 (one year
after the effective date of Public Act 103-568) this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.)
 
    Section 15. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
 
    (5 ILCS 140/7)
    Sec. 7. Exemptions.
    (1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and
    regulations implementing federal or State law.
        (b) Private information, unless disclosure is required
    by another provision of this Act, a State or federal law,
    or a court order.
        (b-5) Files, documents, and other data or databases
    maintained by one or more law enforcement agencies and
    specifically designed to provide information to one or
    more law enforcement agencies regarding the physical or
    mental status of one or more individual subjects.
        (c) Personal information contained within public
    records, the disclosure of which would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the
    individual subjects of the information. "Unwarranted
    invasion of personal privacy" means the disclosure of
    information that is highly personal or objectionable to a
    reasonable person and in which the subject's right to
    privacy outweighs any legitimate public interest in
    obtaining the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy.
        (d) Records in the possession of any public body
    created in the course of administrative enforcement
    proceedings, and any law enforcement or correctional
    agency for law enforcement purposes, but only to the
    extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
        agency that is the recipient of the request;
            (ii) interfere with active administrative
        enforcement proceedings conducted by the public body
        that is the recipient of the request;
            (iii) create a substantial likelihood that a
        person will be deprived of a fair trial or an impartial
        hearing;
            (iv) unavoidably disclose the identity of a
        confidential source, confidential information
        furnished only by the confidential source, or persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement, or
        penal agencies; except that the identities of
        witnesses to traffic crashes, traffic crash reports,
        and rescue reports shall be provided by agencies of
        local government, except when disclosure would
        interfere with an active criminal investigation
        conducted by the agency that is the recipient of the
        request;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known
        or disclose internal documents of correctional
        agencies related to detection, observation, or
        investigation of incidents of crime or misconduct, and
        disclosure would result in demonstrable harm to the
        agency or public body that is the recipient of the
        request;
            (vi) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (vii) obstruct an ongoing criminal investigation
        by the agency that is the recipient of the request.
        (d-5) A law enforcement record created for law
    enforcement purposes and contained in a shared electronic
    record management system if the law enforcement agency
    that is the recipient of the request did not create the
    record, did not participate in or have a role in any of the
    events which are the subject of the record, and only has
    access to the record through the shared electronic record
    management system.
        (d-6) Records contained in the Officer Professional
    Conduct Database under Section 9.2 of the Illinois Police
    Training Act, except to the extent authorized under that
    Section. This includes the documents supplied to the
    Illinois Law Enforcement Training Standards Board from the
    Illinois State Police and Illinois State Police Merit
    Board.
        (d-7) Information gathered or records created from the
    use of automatic license plate readers in connection with
    Section 2-130 of the Illinois Vehicle Code.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (e-5) Records requested by persons committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail if those
    materials are available in the library of the correctional
    institution or facility or jail where the inmate is
    confined.
        (e-6) Records requested by persons committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail if those
    materials include records from staff members' personnel
    files, staff rosters, or other staffing assignment
    information.
        (e-7) Records requested by persons committed to the
    Department of Corrections or Department of Human Services
    Division of Mental Health if those materials are available
    through an administrative request to the Department of
    Corrections or Department of Human Services Division of
    Mental Health.
        (e-8) Records requested by a person committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail, the
    disclosure of which would result in the risk of harm to any
    person or the risk of an escape from a jail or correctional
    institution or facility.
        (e-9) Records requested by a person in a county jail
    or committed to the Department of Corrections or
    Department of Human Services Division of Mental Health,
    containing personal information pertaining to the person's
    victim or the victim's family, including, but not limited
    to, a victim's home address, home telephone number, work
    or school address, work telephone number, social security
    number, or any other identifying information, except as
    may be relevant to a requester's current or potential case
    or claim.
        (e-10) Law enforcement records of other persons
    requested by a person committed to the Department of
    Corrections, Department of Human Services Division of
    Mental Health, or a county jail, including, but not
    limited to, arrest and booking records, mug shots, and
    crime scene photographs, except as these records may be
    relevant to the requester's current or potential case or
    claim.
        (f) Preliminary drafts, notes, recommendations,
    memoranda, and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those
    records of officers and agencies of the General Assembly
    that pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or commercial or financial information are
    furnished under a claim that they are proprietary,
    privileged, or confidential, and that disclosure of the
    trade secrets or commercial or financial information would
    cause competitive harm to the person or business, and only
    insofar as the claim directly applies to the records
    requested.
        The information included under this exemption includes
    all trade secrets and commercial or financial information
    obtained by a public body, including a public pension
    fund, from a private equity fund or a privately held
    company within the investment portfolio of a private
    equity fund as a result of either investing or evaluating
    a potential investment of public funds in a private equity
    fund. The exemption contained in this item does not apply
    to the aggregate financial performance information of a
    private equity fund, nor to the identity of the fund's
    managers or general partners. The exemption contained in
    this item does not apply to the identity of a privately
    held company within the investment portfolio of a private
    equity fund, unless the disclosure of the identity of a
    privately held company may cause competitive harm.
        Nothing contained in this paragraph (g) shall be
    construed to prevent a person or business from consenting
    to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings, and research data obtained or produced
    by any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by
    news media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) The following information pertaining to
    educational matters:
            (i) test questions, scoring keys, and other
        examination data used to administer an academic
        examination;
            (ii) information received by a primary or
        secondary school, college, or university under its
        procedures for the evaluation of faculty members by
        their academic peers;
            (iii) information concerning a school or
        university's adjudication of student disciplinary
        cases, but only to the extent that disclosure would
        unavoidably reveal the identity of the student; and
            (iv) course materials or research materials used
        by faculty members.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds,
    including, but not limited to, power generating and
    distribution stations and other transmission and
    distribution facilities, water treatment facilities,
    airport facilities, sport stadiums, convention centers,
    and all government owned, operated, or occupied buildings,
    but only to the extent that disclosure would compromise
    security.
        (l) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public
    under Section 2.06 of the Open Meetings Act.
        (m) Communications between a public body and an
    attorney or auditor representing the public body that
    would not be subject to discovery in litigation, and
    materials prepared or compiled by or for a public body in
    anticipation of a criminal, civil, or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (n) Records relating to a public body's adjudication
    of employee grievances or disciplinary cases; however,
    this exemption shall not extend to the final outcome of
    cases in which discipline is imposed.
        (o) Administrative or technical information associated
    with automated data processing operations, including, but
    not limited to, software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (p) Records relating to collective negotiating matters
    between public bodies and their employees or
    representatives, except that any final contract or
    agreement shall be subject to inspection and copying.
        (q) Test questions, scoring keys, and other
    examination data used to determine the qualifications of
    an applicant for a license or employment.
        (r) The records, documents, and information relating
    to real estate purchase negotiations until those
    negotiations have been completed or otherwise terminated.
    With regard to a parcel involved in a pending or actually
    and reasonably contemplated eminent domain proceeding
    under the Eminent Domain Act, records, documents, and
    information relating to that parcel shall be exempt except
    as may be allowed under discovery rules adopted by the
    Illinois Supreme Court. The records, documents, and
    information relating to a real estate sale shall be exempt
    until a sale is consummated.
        (s) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
    Insurance or self-insurance (including any
    intergovernmental risk management association or
    self-insurance pool) claims, loss or risk management
    information, records, data, advice, or communications.
        (t) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions, insurance companies, or pharmacy benefit
    managers, unless disclosure is otherwise required by State
    law.
        (u) Information that would disclose or might lead to
    the disclosure of secret or confidential information,
    codes, algorithms, programs, or private keys intended to
    be used to create electronic signatures under the Uniform
    Electronic Transactions Act.
        (v) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a
    community's population or systems, facilities, or
    installations, but only to the extent that disclosure
    could reasonably be expected to expose the vulnerability
    or jeopardize the effectiveness of the measures, policies,
    or plans, or the safety of the personnel who implement
    them or the public. Information exempt under this item may
    include such things as details pertaining to the
    mobilization or deployment of personnel or equipment, to
    the operation of communication systems or protocols, to
    cybersecurity vulnerabilities, or to tactical operations.
        (w) (Blank).
        (x) Maps and other records regarding the location or
    security of generation, transmission, distribution,
    storage, gathering, treatment, or switching facilities
    owned by a utility, by a power generator, or by the
    Illinois Power Agency.
        (y) Information contained in or related to proposals,
    bids, or negotiations related to electric power
    procurement under Section 1-75 of the Illinois Power
    Agency Act and Section 16-111.5 of the Public Utilities
    Act that is determined to be confidential and proprietary
    by the Illinois Power Agency or by the Illinois Commerce
    Commission.
        (z) Information about students exempted from
    disclosure under Section 10-20.38 or 34-18.29 of the
    School Code, and information about undergraduate students
    enrolled at an institution of higher education exempted
    from disclosure under Section 25 of the Illinois Credit
    Card Marketing Act of 2009.
        (aa) Information the disclosure of which is exempted
    under the Viatical Settlements Act of 2009.
        (bb) Records and information provided to a mortality
    review team and records maintained by a mortality review
    team appointed under the Department of Juvenile Justice
    Mortality Review Team Act.
        (cc) Information regarding interments, entombments, or
    inurnments of human remains that are submitted to the
    Cemetery Oversight Database under the Cemetery Care Act or
    the Cemetery Oversight Act, whichever is applicable.
        (dd) Correspondence and records (i) that may not be
    disclosed under Section 11-9 of the Illinois Public Aid
    Code or (ii) that pertain to appeals under Section 11-8 of
    the Illinois Public Aid Code.
        (ee) The names, addresses, or other personal
    information of persons who are minors and are also
    participants and registrants in programs of park
    districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations.
        (ff) The names, addresses, or other personal
    information of participants and registrants in programs of
    park districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations where such programs are targeted primarily to
    minors.
        (gg) Confidential information described in Section
    1-100 of the Illinois Independent Tax Tribunal Act of
    2012.
        (hh) The report submitted to the State Board of
    Education by the School Security and Standards Task Force
    under item (8) of subsection (d) of Section 2-3.160 of the
    School Code and any information contained in that report.
        (ii) Records requested by persons committed to or
    detained by the Department of Human Services under the
    Sexually Violent Persons Commitment Act or committed to
    the Department of Corrections under the Sexually Dangerous
    Persons Act if those materials: (i) are available in the
    library of the facility where the individual is confined;
    (ii) include records from staff members' personnel files,
    staff rosters, or other staffing assignment information;
    or (iii) are available through an administrative request
    to the Department of Human Services or the Department of
    Corrections.
        (jj) Confidential information described in Section
    5-535 of the Civil Administrative Code of Illinois.
        (kk) The public body's credit card numbers, debit card
    numbers, bank account numbers, Federal Employer
    Identification Number, security code numbers, passwords,
    and similar account information, the disclosure of which
    could result in identity theft or impression or defrauding
    of a governmental entity or a person.
        (ll) Records concerning the work of the threat
    assessment team of a school district, including, but not
    limited to, any threat assessment procedure under the
    School Safety Drill Act and any information contained in
    the procedure.
        (mm) Information prohibited from being disclosed under
    subsections (a) and (b) of Section 15 of the Student
    Confidential Reporting Act.
        (nn) Proprietary information submitted to the
    Environmental Protection Agency under the Drug Take-Back
    Act.
        (oo) Records described in subsection (f) of Section
    3-5-1 of the Unified Code of Corrections.
        (pp) Any and all information regarding burials,
    interments, or entombments of human remains as required to
    be reported to the Department of Natural Resources
    pursuant either to the Archaeological and Paleontological
    Resources Protection Act or the Human Remains Protection
    Act.
        (qq) (pp) Reports described in subsection (e) of
    Section 16-15 of the Abortion Care Clinical Training
    Program Act.
        (rr) (pp) Information obtained by a certified local
    health department under the Access to Public Health Data
    Act.
        (ss) (pp) For a request directed to a public body that
    is also a HIPAA-covered entity, all information that is
    protected health information, including demographic
    information, that may be contained within or extracted
    from any record held by the public body in compliance with
    State and federal medical privacy laws and regulations,
    including, but not limited to, the Health Insurance
    Portability and Accountability Act and its regulations, 45
    CFR Parts 160 and 164. As used in this paragraph,
    "HIPAA-covered entity" has the meaning given to the term
    "covered entity" in 45 CFR 160.103 and "protected health
    information" has the meaning given to that term in 45 CFR
    160.103.
    (1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
    (2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
    (3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
9-7-23.)
 
    (5 ILCS 140/7.5)
    (Text of Section before amendment by P.A. 103-472)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other
    records prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a
    local emergency energy plan ordinance that is adopted
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the
    Capital Crimes Litigation Act (repealed). This subsection
    (n) shall apply until the conclusion of the trial of the
    case, even if the prosecution chooses not to pursue the
    death penalty prior to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Department of Transportation under Sections 2705-300 and
    2705-616 of the Department of Transportation Law of the
    Civil Administrative Code of Illinois, the Regional
    Transportation Authority under Section 2.11 of the
    Regional Transportation Authority Act, or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act (repealed).
        (q) Information prohibited from being disclosed by the
    Personnel Record Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) (Blank).
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed
    Carry Licensing Review Board under the Firearm Concealed
    Carry Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (v-5) Records of the Firearm Owner's Identification
    Card Review Board that are exempted from disclosure under
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of
    an eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) Information that is exempt from disclosure under
    Section 70 of the Higher Education Student Assistance Act.
        (oo) Communications, notes, records, and reports
    arising out of a peer support counseling session
    prohibited from disclosure under the First Responders
    Suicide Prevention Act.
        (pp) Names and all identifying information relating to
    an employee of an emergency services provider or law
    enforcement agency under the First Responders Suicide
    Prevention Act.
        (qq) Information and records held by the Department of
    Public Health and its authorized representatives collected
    under the Reproductive Health Act.
        (rr) Information that is exempt from disclosure under
    the Cannabis Regulation and Tax Act.
        (ss) Data reported by an employer to the Department of
    Human Rights pursuant to Section 2-108 of the Illinois
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy
    Center Act, except to the extent authorized under that
    Act.
        (uu) Information that is exempt from disclosure under
    Section 50 of the Sexual Assault Evidence Submission Act.
        (vv) Information that is exempt from disclosure under
    subsections (f) and (j) of Section 5-36 of the Illinois
    Public Aid Code.
        (ww) Information that is exempt from disclosure under
    Section 16.8 of the State Treasurer Act.
        (xx) Information that is exempt from disclosure or
    information that shall not be made public under the
    Illinois Insurance Code.
        (yy) Information prohibited from being disclosed under
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under
    the Illinois Public Labor Relations Act.
        (aaa) Information prohibited from being disclosed
    under Section 1-167 of the Illinois Pension Code.
        (bbb) Information that is prohibited from disclosure
    by the Illinois Police Training Act and the Illinois State
    Police Act.
        (ccc) Records exempt from disclosure under Section
    2605-304 of the Illinois State Police Law of the Civil
    Administrative Code of Illinois.
        (ddd) Information prohibited from being disclosed
    under Section 35 of the Address Confidentiality for
    Victims of Domestic Violence, Sexual Assault, Human
    Trafficking, or Stalking Act.
        (eee) Information prohibited from being disclosed
    under subsection (b) of Section 75 of the Domestic
    Violence Fatality Review Act.
        (fff) Images from cameras under the Expressway Camera
    Act. This subsection (fff) is inoperative on and after
    July 1, 2025.
        (ggg) Information prohibited from disclosure under
    paragraph (3) of subsection (a) of Section 14 of the Nurse
    Agency Licensing Act.
        (hhh) Information submitted to the Illinois State
    Police in an affidavit or application for an assault
    weapon endorsement, assault weapon attachment endorsement,
    .50 caliber rifle endorsement, or .50 caliber cartridge
    endorsement under the Firearm Owners Identification Card
    Act.
        (iii) Data exempt from disclosure under Section 50 of
    the School Safety Drill Act.
        (jjj) (hhh) Information exempt from disclosure under
    Section 30 of the Insurance Data Security Law.
        (kkk) (iii) Confidential business information
    prohibited from disclosure under Section 45 of the Paint
    Stewardship Act.
        (lll) (Reserved).
        (mmm) (iii) Information prohibited from being
    disclosed under subsection (e) of Section 1-129 of the
    Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
 
    (Text of Section after amendment by P.A. 103-472)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other
    records prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a
    local emergency energy plan ordinance that is adopted
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the
    Capital Crimes Litigation Act (repealed). This subsection
    (n) shall apply until the conclusion of the trial of the
    case, even if the prosecution chooses not to pursue the
    death penalty prior to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Department of Transportation under Sections 2705-300 and
    2705-616 of the Department of Transportation Law of the
    Civil Administrative Code of Illinois, the Regional
    Transportation Authority under Section 2.11 of the
    Regional Transportation Authority Act, or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act (repealed).
        (q) Information prohibited from being disclosed by the
    Personnel Record Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) (Blank).
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed
    Carry Licensing Review Board under the Firearm Concealed
    Carry Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (v-5) Records of the Firearm Owner's Identification
    Card Review Board that are exempted from disclosure under
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of
    an eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) Information that is exempt from disclosure under
    Section 70 of the Higher Education Student Assistance Act.
        (oo) Communications, notes, records, and reports
    arising out of a peer support counseling session
    prohibited from disclosure under the First Responders
    Suicide Prevention Act.
        (pp) Names and all identifying information relating to
    an employee of an emergency services provider or law
    enforcement agency under the First Responders Suicide
    Prevention Act.
        (qq) Information and records held by the Department of
    Public Health and its authorized representatives collected
    under the Reproductive Health Act.
        (rr) Information that is exempt from disclosure under
    the Cannabis Regulation and Tax Act.
        (ss) Data reported by an employer to the Department of
    Human Rights pursuant to Section 2-108 of the Illinois
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy
    Center Act, except to the extent authorized under that
    Act.
        (uu) Information that is exempt from disclosure under
    Section 50 of the Sexual Assault Evidence Submission Act.
        (vv) Information that is exempt from disclosure under
    subsections (f) and (j) of Section 5-36 of the Illinois
    Public Aid Code.
        (ww) Information that is exempt from disclosure under
    Section 16.8 of the State Treasurer Act.
        (xx) Information that is exempt from disclosure or
    information that shall not be made public under the
    Illinois Insurance Code.
        (yy) Information prohibited from being disclosed under
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under
    the Illinois Public Labor Relations Act.
        (aaa) Information prohibited from being disclosed
    under Section 1-167 of the Illinois Pension Code.
        (bbb) Information that is prohibited from disclosure
    by the Illinois Police Training Act and the Illinois State
    Police Act.
        (ccc) Records exempt from disclosure under Section
    2605-304 of the Illinois State Police Law of the Civil
    Administrative Code of Illinois.
        (ddd) Information prohibited from being disclosed
    under Section 35 of the Address Confidentiality for
    Victims of Domestic Violence, Sexual Assault, Human
    Trafficking, or Stalking Act.
        (eee) Information prohibited from being disclosed
    under subsection (b) of Section 75 of the Domestic
    Violence Fatality Review Act.
        (fff) Images from cameras under the Expressway Camera
    Act. This subsection (fff) is inoperative on and after
    July 1, 2025.
        (ggg) Information prohibited from disclosure under
    paragraph (3) of subsection (a) of Section 14 of the Nurse
    Agency Licensing Act.
        (hhh) Information submitted to the Illinois State
    Police in an affidavit or application for an assault
    weapon endorsement, assault weapon attachment endorsement,
    .50 caliber rifle endorsement, or .50 caliber cartridge
    endorsement under the Firearm Owners Identification Card
    Act.
        (iii) Data exempt from disclosure under Section 50 of
    the School Safety Drill Act.
        (jjj) (hhh) Information exempt from disclosure under
    Section 30 of the Insurance Data Security Law.
        (kkk) (iii) Confidential business information
    prohibited from disclosure under Section 45 of the Paint
    Stewardship Act.
        (lll) (iii) Data exempt from disclosure under Section
    2-3.196 of the School Code.
        (mmm) (iii) Information prohibited from being
    disclosed under subsection (e) of Section 1-129 of the
    Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
 
    Section 20. The Consular Identification Document Act is
amended by changing Section 10 as follows:
 
    (5 ILCS 230/10)
    (Text of Section before amendment by P.A. 103-210)
    Sec. 10. Acceptance of consular identification document.
    (a) When requiring members of the public to provide
identification, each State agency and officer and unit of
local government shall accept a consular identification
document as valid identification of a person.
    (b) A consular identification document shall be accepted
for purposes of identification only and does not convey an
independent right to receive benefits of any type.
    (c) A consular identification document may not be accepted
as identification for obtaining a driver's license, other than
a temporary visitor's driver's license, or registering to
vote.
    (d) A consular identification document does not establish
or indicate lawful U.S. immigration status and may not be
viewed as valid for that purpose, nor does a consular
identification document establish a foreign national's right
to be in the United States or remain in the United States.
    (e) The requirements of subsection (a) do not apply if:
        (1) a federal law, regulation, or directive or a
    federal court decision requires a State agency or officer
    or a unit of local government to obtain different
    identification;
        (2) a federal law, regulation, or directive preempts
    state regulation of identification requirements; or
        (3) a State agency or officer or a unit of local
    government would be unable to comply with a condition
    imposed by a funding source which would cause the State
    agency or officer or unit of local government to lose
    funds from that source.
    (f) Nothing in subsection (a) shall be construed to
prohibit a State agency or officer or a unit of local
government from:
        (1) requiring additional information from persons in
    order to verify a current address or other facts that
    would enable the State agency or officer or unit of local
    government to fulfill its responsibilities, except that
    this paragraph (1) does not permit a State agency or
    officer or a unit of local government to require
    additional information solely in order to establish
    identification of the person when the consular
    identification document is the form of identification
    presented;
        (2) requiring fingerprints for identification purposes
    under circumstances where the State agency or officer or
    unit of local government also requires fingerprints from
    persons who have a driver's license or Illinois
    Identification Card; or
        (3) requiring additional evidence of identification if
    the State agency or officer or unit of local government
    reasonably believes that: (A) the consular identification
    document is forged, fraudulent, or altered; or (B) the
    holder does not appear to be the same person on the
    consular identification document.
(Source: P.A. 97-1157, eff. 11-28-13.)
 
    (Text of Section after amendment by P.A. 103-210)
    Sec. 10. Acceptance of consular identification document.
    (a) When requiring members of the public to provide
identification, each State agency and officer and unit of
local government shall accept a consular identification
document as valid identification of a person.
    (b) A consular identification document shall be accepted
for purposes of identification only and does not convey an
independent right to receive benefits of any type.
    (c) A consular identification document may not be accepted
as identification for obtaining a REAL ID compliant driver's
license, as defined by Section 6-100 of the Illinois Vehicle
Code, or registering to vote.
    (d) A consular identification document does not establish
or indicate lawful U.S. immigration status and may not be
viewed as valid for that purpose, nor does a consular
identification document establish a foreign national's right
to be in the United States or remain in the United States.
    (e) The requirements of subsection (a) do not apply if:
        (1) a federal law, regulation, or directive or a
    federal court decision requires a State agency or officer
    or a unit of local government to obtain different
    identification;
        (2) a federal law, regulation, or directive preempts
    state regulation of identification requirements; or
        (3) a State agency or officer or a unit of local
    government would be unable to comply with a condition
    imposed by a funding source which would cause the State
    agency or officer or unit of local government to lose
    funds from that source.
    (f) Nothing in subsection (a) shall be construed to
prohibit a State agency or officer or a unit of local
government from:
        (1) requiring additional information from persons in
    order to verify a current address or other facts that
    would enable the State agency or officer or unit of local
    government to fulfill its responsibilities, except that
    this paragraph (1) does not permit a State agency or
    officer or a unit of local government to require
    additional information solely in order to establish
    identification of the person when the consular
    identification document is the form of identification
    presented;
        (2) requiring fingerprints for identification purposes
    under circumstances where the State agency or officer or
    unit of local government also requires fingerprints from
    persons who have a driver's license or Illinois
    Identification Card; or
        (3) requiring additional evidence of identification if
    the State agency or officer or unit of local government
    reasonably believes that: (A) the consular identification
    document is forged, fraudulent, or altered; or (B) the
    holder does not appear to be the same person on the
    consular identification document.
(Source: P.A. 103-210, eff. 7-1-24; revised 9-25-23.)
 
    Section 25. The State Employees Group Insurance Act of
1971 is amended by changing Section 6.11 as follows:
 
    (5 ILCS 375/6.11)
    Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall
provide the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under
Section 356t of the Illinois Insurance Code. The program of
health benefits shall provide the coverage required under
Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60,
and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and
356z.70 of the Illinois Insurance Code. The program of health
benefits must comply with Sections 155.22a, 155.37, 355b,
356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
Insurance Code. The program of health benefits shall provide
the coverage required under Section 356m of the Illinois
Insurance Code and, for the employees of the State Employee
Group Insurance Program only, the coverage as also provided in
Section 6.11B of this Act. The Department of Insurance shall
enforce the requirements of this Section with respect to
Sections 370c and 370c.1 of the Illinois Insurance Code; all
other requirements of this Section shall be enforced by the
Department of Central Management Services.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,
eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,
eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;
103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.
8-11-23; revised 8-29-23.)
 
    Section 30. The Seizure and Forfeiture Reporting Act is
amended by changing Section 5 as follows:
 
    (5 ILCS 810/5)
    Sec. 5. Applicability. This Act is applicable to property
seized or forfeited under the following provisions of law:
        (1) Section 3.23 of the Illinois Food, Drug and
    Cosmetic Act;
        (2) Section 44.1 of the Environmental Protection Act;
        (3) Section 105-55 of the Herptiles-Herps Act;
        (4) Section 1-215 of the Fish and Aquatic Life Code;
        (5) Section 1.25 of the Wildlife Code;
        (6) Section 17-10.6 of the Criminal Code of 2012
    (financial institution fraud);
        (7) Section 28-5 of the Criminal Code of 2012
    (gambling);
        (8) Article 29B of the Criminal Code of 2012 (money
    laundering);
        (9) Article 33G of the Criminal Code of 2012 (Illinois
    Street Gang and Racketeer Influenced And Corrupt
    Organizations Law);
        (10) Article 36 of the Criminal Code of 2012 (seizure
    and forfeiture of vessels, vehicles, and aircraft);
        (11) Section 47-15 of the Criminal Code of 2012
    (dumping garbage upon real property);
        (12) Article 124B of the Code of Criminal Procedure of
    1963 (forfeiture);
        (13) the Drug Asset Forfeiture Procedure Act;
        (14) the Narcotics Profit Forfeiture Act;
        (15) the Illinois Streetgang Terrorism Omnibus
    Prevention Act;
        (16) the Illinois Securities Law of 1953; and
        (17) the Archaeological and Paleontological Resources
    Protection Act; and
        (18) the Human Remains Protection Act; and .
        (19) (17) Section 16 of the Timber Buyers Licensing
    Act.
(Source: P.A. 102-558, eff. 8-20-21; 103-218, eff. 1-1-24;
103-446, eff. 8-4-23; revised 12-12-23.)
 
    Section 32. The First Responders Suicide Prevention Act is
amended by changing Section 40 as follows:
 
    (5 ILCS 840/40)
    Sec. 40. Task Force recommendations.
    (a) Task Force members shall recommend that agencies and
organizations guarantee access to mental health and wellness
services, including, but not limited to, peer support programs
and providing ongoing education related to the ever-evolving
concept of mental health wellness. These recommendations could
be accomplished by:
        (1) Revising agencies' and organizations' employee
    assistance programs (EAPs).
        (2) Urging health care providers to replace outdated
    healthcare plans and include more progressive options
    catering to the needs and disproportionate risks
    shouldered by our first responders.
        (3) Allocating funding or resources for public service
    announcements (PSA) and messaging campaigns aimed at
    raising awareness of available assistance options.
        (4) Encouraging agencies and organizations to attach
    lists of all available resources to training manuals and
    continuing education requirements.
    (b) Task Force members shall recommend agencies and
organizations sponsor or facilitate first responders with
specialized training in the areas of psychological fitness,
depressive disorders, early detection, and mitigation best
practices. Such trainings could be accomplished by:
        (1) Assigning, appointing, or designating one member
    of an agency or organization to attend specialized
    training(s) sponsored by an accredited agency,
    association, or organization recognized in their fields of
    study.
        (2) Seeking sponsorships or conducting fund-raisers,
    to host annual or semiannual on-site visits from qualified
    clinicians or physicians to provide early detection
    training techniques, or to provide regular access to
    mental health professionals.
        (3) Requiring a minimum number of hours of disorders
    and wellness training be incorporated into reoccurring,
    annual or biannual training standards, examinations, and
    curriculums, taking into close consideration respective
    agency or organization size, frequency, and number of all
    current federal and state mandatory examinations and
    trainings expected respectively.
        (4) Not underestimating the crucial importance of a
    balanced diet, sleep, mindfulness-based stress reduction
    techniques, moderate and vigorous intensity activities,
    and recreational hobbies, which have been scientifically
    proven to play a major role in brain health and mental
    wellness.
    (c) Task Force members shall recommend that administrators
and leadership personnel solicit training services from
evidence-based, data driven organizations. Organizations with
personnel trained on the analytical review and interpretation
of specific fields related to the nature of first responders'
exploits, such as PTSD, substance abuse, chronic state of
duress. Task Force members shall further recommend funding for
expansion and messaging campaigns of preliminary
self-diagnosing technologies like the one described above.
These objectives could be met by:
        (1) Contacting an accredited agency, association, or
    organization recognized in the field or fields of specific
    study. Unbeknownst to the majority, many of the agencies
    and organizations listed above receive grants and
    allocations to assist communities with the very issues
    being discussed in this Section.
        (2) Normalizing help-seeking behaviors for both first
    responders and their families through regular messaging
    and peer support outreach, beginning with academy
    curricula and continuing education throughout individuals'
    careers.
        (3) Funding and implementing PSA campaigns that
    provide clear and concise calls to action about mental
    health and wellness, resiliency, help-seeking, treatment,
    and recovery.
        (4) Promoting and raising awareness of not-for-profit
    organizations currently available to assist individuals in
    search of care and treatment. Organizations have intuitive
    user-friendly sites, most of which have mobile
    applications, so first responders can access at a moment's
    notice. However, because of limited funds, these
    organizations have a challenging time of getting the word
    out there about their existence.
        (5) Expanding Family and Medical Leave Act protections
    for individuals voluntarily seeking preventative
    treatment.
        (6) Promoting and ensuring complete patient
    confidentiality protections.
    (d) Task Force members shall recommend that agencies and
organizations incorporate the following training components
into already existing modules and educational curriculums.
Doing so could be done by:
        (1) Bolstering academy and school curricula by
    requiring depressive disorder training catered to PTSD,
    substance abuse, and early detection techniques training,
    taking into close consideration respective agency or
    organization size, and the frequency and number of all
    current federal and state mandatory examinations and
    trainings expected respectively.
        (2) Continuing to allocate or match federal and state
    funds to maintain Mobile Training Units (MTUs).
        (3) Incorporating a state certificate for peer support
    training into already existing exiting statewide
    curriculums and mandatory examinations, annual State Fire
    Marshal examinations, and physical fitness examinations.
    The subject matter of the certificate should have an
    emphasis on mental health and wellness, as well as
    familiarization with topics ranging from clinical social
    work, clinical psychology, clinical behaviorist, and
    clinical psychiatry.
        (4) Incorporating and performing statewide mental
    health check-ins during the same times as already mandated
    trainings. These checks are not to be compared or used as
    measures of fitness for duty evaluations or structured
    psychological examinations.
        (5) Recommending comprehensive and evidence-based
    training on the importance of preventative measures on the
    topics of sleep, nutrition, mindfulness, and physical
    movement.
        (6) Law enforcement agencies should provide training
    on the Firearm Owner's Identification Card Act, including
    seeking relief from the Illinois State Police under
    Section 10 of the Firearm Owners Identification Card Act
    and a FOID card being a continued condition of employment
    under Section 7.2 of the Uniform Peace Officers'
    Disciplinary Act.
(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23;
revised 1-20-24.)
 
    Section 35. The Election Code is amended by changing
Sections 1A-8, 1A-16.1, and 24B-9.1 as follows:
 
    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
    Sec. 1A-8. The State Board of Elections shall exercise the
following powers and perform the following duties in addition
to any powers or duties otherwise provided for by law:
        (1) Assume all duties and responsibilities of the
    State Electoral Board and the Secretary of State as
    heretofore provided in this Code;
        (2) Disseminate information to and consult with
    election authorities concerning the conduct of elections
    and registration in accordance with the laws of this State
    and the laws of the United States;
        (3) Furnish to each election authority prior to each
    primary and general election and any other election it
    deems necessary, a manual of uniform instructions
    consistent with the provisions of this Code which shall be
    used by election authorities in the preparation of the
    official manual of instruction to be used by the judges of
    election in any such election. In preparing such manual,
    the State Board shall consult with representatives of the
    election authorities throughout the State. The State Board
    may provide separate portions of the uniform instructions
    applicable to different election jurisdictions which
    administer elections under different options provided by
    law. The State Board may by regulation require particular
    portions of the uniform instructions to be included in any
    official manual of instructions published by election
    authorities. Any manual of instructions published by any
    election authority shall be identical with the manual of
    uniform instructions issued by the Board, but may be
    adapted by the election authority to accommodate special
    or unusual local election problems, provided that all
    manuals published by election authorities must be
    consistent with the provisions of this Code in all
    respects and must receive the approval of the State Board
    of Elections prior to publication; provided further that
    if the State Board does not approve or disapprove of a
    proposed manual within 60 days of its submission, the
    manual shall be deemed approved; .
        (4) Prescribe and require the use of such uniform
    forms, notices, and other supplies not inconsistent with
    the provisions of this Code as it shall deem advisable
    which shall be used by election authorities in the conduct
    of elections and registrations;
        (5) Prepare and certify the form of ballot for any
    proposed amendment to the Constitution of the State of
    Illinois, or any referendum to be submitted to the
    electors throughout the State or, when required to do so
    by law, to the voters of any area or unit of local
    government of the State;
        (6) Require such statistical reports regarding the
    conduct of elections and registration from election
    authorities as may be deemed necessary;
        (7) Review and inspect procedures and records relating
    to conduct of elections and registration as may be deemed
    necessary, and to report violations of election laws to
    the appropriate State's Attorney or the Attorney General;
        (8) Recommend to the General Assembly legislation to
    improve the administration of elections and registration;
        (9) Adopt, amend or rescind rules and regulations in
    the performance of its duties provided that all such rules
    and regulations must be consistent with the provisions of
    this Article 1A or issued pursuant to authority otherwise
    provided by law;
        (10) Determine the validity and sufficiency of
    petitions filed under Article XIV, Section 3, of the
    Constitution of the State of Illinois of 1970;
        (11) Maintain in its principal office a research
    library that includes, but is not limited to, abstracts of
    votes by precinct for general primary elections and
    general elections, current precinct maps, and current
    precinct poll lists from all election jurisdictions within
    the State. The research library shall be open to the
    public during regular business hours. Such abstracts,
    maps, and lists shall be preserved as permanent records
    and shall be available for examination and copying at a
    reasonable cost;
        (12) Supervise the administration of the registration
    and election laws throughout the State;
        (13) Obtain from the Department of Central Management
    Services, under Section 405-250 of the Department of
    Central Management Services Law (20 ILCS 405/405-250),
    such use of electronic data processing equipment as may be
    required to perform the duties of the State Board of
    Elections and to provide election-related information to
    candidates, public and party officials, interested civic
    organizations, and the general public in a timely and
    efficient manner;
        (14) To take such action as may be necessary or
    required to give effect to directions of the national
    committee or State central committee of an established
    political party under Sections 7-8, 7-11, and 7-14.1 or
    such other provisions as may be applicable pertaining to
    the selection of delegates and alternate delegates to an
    established political party's national nominating
    conventions or, notwithstanding any candidate
    certification schedule contained within this Code, the
    certification of the Presidential and Vice Presidential
    candidate selected by the established political party's
    national nominating convention;
        (15) To post all early voting sites separated by
    election authority and hours of operation on its website
    at least 5 business days before the period for early
    voting begins;
        (16) To post on its website the statewide totals, and
    totals separated by each election authority, for each of
    the counts received pursuant to Section 1-9.2; and
        (17) To post on its website, in a downloadable format,
    the information received from each election authority
    under Section 1-17.
    The Board may by regulation delegate any of its duties or
functions under this Article, except that final determinations
and orders under this Article shall be issued only by the
Board.
    The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18;
100-1148, eff. 12-10-18; revised 4-4-23.)
 
    (10 ILCS 5/1A-16.1)
    (Text of Section before amendment by P.A. 103-210)
    Sec. 1A-16.1. Automatic voter registration; Secretary of
State.
    (a) The Office of the Secretary of State and the State
Board of Elections, pursuant to an interagency contract and
jointly adopted jointly-adopted rules, shall establish an
automatic voter registration program that satisfies the
requirements of this Section and other applicable law.
    (b) If an application, an application for renewal, a
change of address form, or a recertification form for a
driver's license, other than a temporary visitor's driver's
license, or a State identification card issued by the Office
of the Secretary of State meets the requirements of the
federal REAL ID Act of 2005, then that application shall serve
as a dual-purpose application. The dual-purpose application
shall:
        (1) also serve as an application to register to vote
    in Illinois;
        (2) allow an applicant to change his or her registered
    residence address or name as it appears on the voter
    registration rolls;
        (3) provide the applicant with an opportunity to
    affirmatively decline to register to vote or to change his
    or her registered residence address or name by providing a
    check box on the application form without requiring the
    applicant to state the reason; and
        (4) unless the applicant declines to register to vote
    or change his or her registered residence address or name,
    require the applicant to attest, by signature under
    penalty of perjury as described in subsection (e) of this
    Section, to meeting the qualifications to register to vote
    in Illinois at his or her residence address as indicated
    on his or her driver's license or identification card
    dual-purpose application.
    (b-5) If an application, an application for renewal, a
change of address form, or a recertification form for a
driver's license, other than a temporary visitor's driver's
license, or a State identification card issued by the Office
of the Secretary of State does not meet the requirements of the
federal REAL ID Act of 2005, then that application shall serve
as a dual-purpose application. The dual-purpose application
shall:
        (1) also serve as an application to register to vote
    in Illinois;
        (2) allow an applicant to change his or her registered
    residence address or name as it appears on the voter
    registration rolls; and
        (3) if the applicant chooses to register to vote or to
    change his or her registered residence address or name,
    then require the applicant to attest, by a separate
    signature under penalty of perjury, to meeting the
    qualifications to register to vote in Illinois at his or
    her residence address as indicated on his or her
    dual-purpose application.
    (b-10) The Office of the Secretary of State shall clearly
and conspicuously inform each applicant in writing: (i) of the
qualifications to register to vote in Illinois, (ii) of the
penalties provided by law for submission of a false voter
registration application, (iii) that, unless the applicant
declines to register to vote or update his or her voter
registration, his or her dual-purpose application shall also
serve as both an application to register to vote and his or her
attestation that he or she meets the eligibility requirements
for voter registration, and that his or her application to
register to vote or update his or her registration will be
transmitted to the State Board of Elections for the purpose of
registering the person to vote at the residence address to be
indicated on his or her driver's license or identification
card, and (iv) that declining to register to vote is
confidential and will not affect any services the person may
be seeking from the Office of the Secretary of State.
    (c) The Office of the Secretary of State shall review
information provided to the Office of the Secretary of State
by the State Board of Elections to inform each applicant for a
driver's license or permit, other than a temporary visitor's
driver's license, or a State identification card issued by the
Office of the Secretary of State whether the applicant is
currently registered to vote in Illinois and, if registered,
at what address.
    (d) The Office of the Secretary of State shall not require
an applicant for a driver's license or State identification
card to provide duplicate identification or information in
order to complete an application to register to vote or change
his or her registered residence address or name. Before
transmitting any personal information about an applicant to
the State Board of Elections, the Office of the Secretary of
State shall review its records of the identification documents
the applicant provided in order to complete the application
for a driver's license or State identification card, to
confirm that nothing in those documents indicates that the
applicant does not satisfy the qualifications to register to
vote in Illinois at his or her residence address.
    (e) A completed, signed application for (i) a driver's
license or permit, other than a temporary visitor's driver's
license, or a State identification card issued by the Office
of the Secretary of State, that meets the requirements of the
federal REAL ID Act of 2005; or (ii) a completed application
under subsection (b-5) of this Section with a separate
signature attesting the applicant meets the qualifications to
register to vote in Illinois at his or her residence address as
indicated on his or her application shall constitute a signed
application to register to vote in Illinois at the residence
address indicated in the application unless the person
affirmatively declined in the application to register to vote
or to change his or her registered residence address or name.
If the identification documents provided to complete the
dual-purpose application indicate that he or she does not
satisfy the qualifications to register to vote in Illinois at
his or her residence address, the application shall be marked
as incomplete.
    (f) For each completed and signed application that
constitutes an application to register to vote in Illinois or
provides for a change in the applicant's registered residence
address or name, the Office of the Secretary of State shall
electronically transmit to the State Board of Elections
personal information needed to complete the person's
registration to vote in Illinois at his or her residence
address. The application to register to vote shall be
processed in accordance with Section 1A-16.7.
    (g) If the federal REAL ID Act of 2005 is repealed,
abrogated, superseded, or otherwise no longer in effect, then
the State Board of Elections shall establish criteria for
determining reliable personal information indicating
citizenship status and shall adopt rules as necessary for the
Secretary of State to continue processing dual-purpose
applications under this Section.
    (h) As used in this Section, "dual-purpose application"
means an application, an application for renewal, a change of
address form, or a recertification form for driver's license
or permit, other than a temporary visitor's driver's license,
or a State identification card offered by the Secretary of
State that also serves as an application to register to vote in
Illinois. "Dual-purpose application" does not mean an
application under subsection (c) of Section 6-109 of the
Illinois Vehicle Code.
(Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
 
    (Text of Section after amendment by P.A. 103-210)
    Sec. 1A-16.1. Automatic voter registration; Secretary of
State.
    (a) The Office of the Secretary of State and the State
Board of Elections, pursuant to an interagency contract and
jointly adopted jointly-adopted rules, shall establish an
automatic voter registration program that satisfies the
requirements of this Section and other applicable law.
    (b) If an application, an application for renewal, a
change of address form, or a recertification form for a
driver's license or a State identification card issued by the
Office of the Secretary of State meets the requirements of the
federal REAL ID Act of 2005, then that application shall serve
as a dual-purpose application. The dual-purpose application
shall:
        (1) also serve as an application to register to vote
    in Illinois;
        (2) allow an applicant to change his or her registered
    residence address or name as it appears on the voter
    registration rolls;
        (3) provide the applicant with an opportunity to
    affirmatively decline to register to vote or to change his
    or her registered residence address or name by providing a
    check box on the application form without requiring the
    applicant to state the reason; and
        (4) unless the applicant declines to register to vote
    or change his or her registered residence address or name,
    require the applicant to attest, by signature under
    penalty of perjury as described in subsection (e) of this
    Section, to meeting the qualifications to register to vote
    in Illinois at his or her residence address as indicated
    on his or her driver's license or identification card
    dual-purpose application.
    (b-5) If an application, an application for renewal, a
change of address form, or a recertification form for a
driver's license or a State identification card issued by the
Office of the Secretary of State, other than an application or
form that pertains to a standard driver's license or
identification card and does not list a social security number
for the applicant, does not meet the requirements of the
federal REAL ID Act of 2005, then that application shall serve
as a dual-purpose application. The dual-purpose application
shall:
        (1) also serve as an application to register to vote
    in Illinois;
        (2) allow an applicant to change his or her registered
    residence address or name as it appears on the voter
    registration rolls; and
        (3) if the applicant chooses to register to vote or to
    change his or her registered residence address or name,
    then require the applicant to attest, by a separate
    signature under penalty of perjury, to meeting the
    qualifications to register to vote in Illinois at his or
    her residence address as indicated on his or her
    dual-purpose application.
    (b-10) The Office of the Secretary of State shall clearly
and conspicuously inform each applicant in writing: (i) of the
qualifications to register to vote in Illinois, (ii) of the
penalties provided by law for submission of a false voter
registration application, (iii) that, unless the applicant
declines to register to vote or update his or her voter
registration, his or her dual-purpose application shall also
serve as both an application to register to vote and his or her
attestation that he or she meets the eligibility requirements
for voter registration, and that his or her application to
register to vote or update his or her registration will be
transmitted to the State Board of Elections for the purpose of
registering the person to vote at the residence address to be
indicated on his or her driver's license or identification
card, and (iv) that declining to register to vote is
confidential and will not affect any services the person may
be seeking from the Office of the Secretary of State.
    (c) The Office of the Secretary of State shall review
information provided to the Office of the Secretary of State
by the State Board of Elections to inform each applicant for a
driver's license or permit or a State identification card
issued by the Office of the Secretary of State, other than an
application or form that pertains to a standard driver's
license or identification card and does not list a social
security number for the applicant, whether the applicant is
currently registered to vote in Illinois and, if registered,
at what address.
    (d) The Office of the Secretary of State shall not require
an applicant for a driver's license or State identification
card to provide duplicate identification or information in
order to complete an application to register to vote or change
his or her registered residence address or name. Before
transmitting any personal information about an applicant to
the State Board of Elections, the Office of the Secretary of
State shall review its records of the identification documents
the applicant provided in order to complete the application
for a driver's license or State identification card, to
confirm that nothing in those documents indicates that the
applicant does not satisfy the qualifications to register to
vote in Illinois at his or her residence address.
    (e) A completed, signed application for (i) a driver's
license or permit or a State identification card issued by the
Office of the Secretary of State, that meets the requirements
of the federal REAL ID Act of 2005; or (ii) a completed
application under subsection (b-5) of this Section with a
separate signature attesting the applicant meets the
qualifications to register to vote in Illinois at his or her
residence address as indicated on his or her application shall
constitute a signed application to register to vote in
Illinois at the residence address indicated in the application
unless the person affirmatively declined in the application to
register to vote or to change his or her registered residence
address or name. If the identification documents provided to
complete the dual-purpose application indicate that he or she
does not satisfy the qualifications to register to vote in
Illinois at his or her residence address, the application
shall be marked as incomplete.
    (f) For each completed and signed application that
constitutes an application to register to vote in Illinois or
provides for a change in the applicant's registered residence
address or name, the Office of the Secretary of State shall
electronically transmit to the State Board of Elections
personal information needed to complete the person's
registration to vote in Illinois at his or her residence
address. The application to register to vote shall be
processed in accordance with Section 1A-16.7.
    (g) If the federal REAL ID Act of 2005 is repealed,
abrogated, superseded, or otherwise no longer in effect, then
the State Board of Elections shall establish criteria for
determining reliable personal information indicating
citizenship status and shall adopt rules as necessary for the
Secretary of State to continue processing dual-purpose
applications under this Section.
    (h) As used in this Section, "dual-purpose application"
means an application, an application for renewal, a change of
address form, or a recertification form for driver's license
or permit or a State identification card offered by the
Secretary of State, other than an application or form that
pertains to a standard driver's license or identification card
and does not list a social security number for the applicant,
that also serves as an application to register to vote in
Illinois. "Dual-purpose application" does not mean an
application under subsection (c) of Section 6-109 of the
Illinois Vehicle Code.
(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
 
    (10 ILCS 5/24B-9.1)
    Sec. 24B-9.1. Examination of votes Votes by electronic
Electronic Precinct Tabulation Optical Scan Technology
Scanning Process or other authorized electronic process;
definition of a vote.
    (a) Examination of Votes by Electronic Precinct Tabulation
Optical Scan Technology Scanning Process. Whenever a Precinct
Tabulation Optical Scan Technology process is used to
automatically examine and count the votes on ballot sheets,
the provisions of this Section shall apply. A voter shall cast
a proper vote on a ballot sheet by making a mark, or causing a
mark to be made, in the designated area for the casting of a
vote for any party or candidate or for or against any
proposition. For this purpose, a mark is an intentional
darkening of the designated area on the ballot, and not an
identifying mark.
    (b) For any ballot sheet that does not register a vote for
one or more ballot positions on the ballot sheet on an
electronic a Electronic Precinct Tabulation Optical Scan
Technology Scanning Process, the following shall constitute a
vote on the ballot sheet:
        (1) the designated area for casting a vote for a
    particular ballot position on the ballot sheet is fully
    darkened or shaded in;
        (2) the designated area for casting a vote for a
    particular ballot position on the ballot sheet is
    partially darkened or shaded in;
        (3) the designated area for casting a vote for a
    particular ballot position on the ballot sheet contains a
    dot or ".", a check, or a plus or "+";
        (4) the designated area for casting a vote for a
    particular ballot position on the ballot sheet contains
    some other type of mark that indicates the clearly
    ascertainable intent of the voter to vote based on the
    totality of the circumstances, including, but not limited
    to, any pattern or frequency of marks on other ballot
    positions from the same ballot sheet; or
        (5) the designated area for casting a vote for a
    particular ballot position on the ballot sheet is not
    marked, but the ballot sheet contains other markings
    associated with a particular ballot position, such as
    circling a candidate's name, that indicates the clearly
    ascertainable intent of the voter to vote, based on the
    totality of the circumstances, including, but not limited
    to, any pattern or frequency of markings on other ballot
    positions from the same ballot sheet.
    (c) For other electronic voting systems that use a
computer as the marking device to mark a ballot sheet, the bar
code found on the ballot sheet shall constitute the votes
found on the ballot. If, however, the county clerk or board of
election commissioners determines that the votes represented
by the tally on the bar code for one or more ballot positions
is inconsistent with the votes represented by numerical ballot
positions identified on the ballot sheet produced using a
computer as the marking device, then the numerical ballot
positions identified on the ballot sheet shall constitute the
votes for purposes of any official canvass or recount
proceeding. An electronic voting system that uses a computer
as the marking device to mark a ballot sheet shall be capable
of producing a ballot sheet that contains all numerical ballot
positions selected by the voter, and provides a place for the
voter to cast a write-in vote for a candidate for a particular
numerical ballot position.
    (d) The election authority shall provide an envelope,
sleeve, or other device to each voter so the voter can deliver
the voted ballot sheet to the counting equipment and ballot
box without the votes indicated on the ballot sheet being
visible to other persons in the polling place.
(Source: P.A. 95-331, eff. 8-21-07; revised 9-25-23.)
 
    Section 40. The Illinois Identification Card Act is
amended by changing Sections 1A and 4 as follows:
 
    (15 ILCS 335/1A)
    (Text of Section before amendment by P.A. 103-210)
    Sec. 1A. Definitions. As used in this Act:
    "Highly restricted personal information" means an
individual's photograph, signature, social security number,
and medical or disability information.
    "Identification card making implement" means any material,
hardware, or software that is specifically designed for or
primarily used in the manufacture, assembly, issuance, or
authentication of an official identification card issued by
the Secretary of State.
    "Fraudulent identification card" means any identification
card that purports to be an official identification card for
which a computerized number and file have not been created by
the Secretary of State, the United States Government or any
state or political subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this Act,
any identification card that resembles an official
identification card in either size, color, photograph
location, or design or uses the word "official", "state",
"Illinois", or the name of any other state or political
subdivision thereof, or any governmental or quasi-governmental
organization individually or in any combination thereof to
describe or modify the term "identification card" or "I.D.
card" anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the card,
is deemed to be a fraudulent identification card unless the
words "This is not an official Identification Card", appear
prominently upon it in black colored lettering in 12-point
type on the photograph side of the card, and no such card shall
be smaller in size than 3 inches by 4 inches, and the
photograph shall be on the left side of the card only.
    "Legal name" means the full given name and surname of an
individual as recorded at birth, recorded at marriage, or
deemed as the correct legal name for use in reporting income by
the Social Security Administration or the name as otherwise
established through legal action that appears on the
associated official document presented to the Secretary of
State.
    "Personally identifying information" means information
that identifies an individual, including his or her
identification card number, name, address (but not the 5-digit
zip code), date of birth, height, weight, hair color, eye
color, email address, and telephone number.
    "Homeless person" or "homeless individual" has the same
meaning as defined by the federal McKinney-Vento Homeless
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
    "Youth for whom the Department of Children and Family
Services is legally responsible" or "foster child" means a
child or youth whose guardianship or custody has been accepted
by the Department of Children and Family Services pursuant to
the Juvenile Court Act of 1987, the Children and Family
Services Act, the Abused and Neglected Child Reporting Act,
and the Adoption Act. This applies to children for whom the
Department of Children and Family Services has temporary
protective custody, custody or guardianship via court order,
or children whose parents have signed an adoptive surrender or
voluntary placement agreement with the Department.
    "REAL ID compliant identification card" means a standard
Illinois Identification Card or Illinois Person with a
Disability Identification Card issued in compliance with the
REAL ID Act and implementing regulations. REAL ID compliant
identification cards shall bear a security marking approved by
the United States Department of Homeland Security.
    "Non-compliant identification card" means a standard
Illinois Identification Card or Illinois Person with a
Disability Identification Card issued in a manner which is not
compliant with the REAL ID Act and implementing regulations.
Non-compliant identification cards shall be marked "Not for
Federal Identification" and shall have a color or design
different from the REAL ID compliant identification card.
    "Limited Term REAL ID compliant identification card" means
a REAL ID compliant identification card issued to a person who
is persons who are not a permanent resident residents or
citizen citizens of the United States, and marked "Limited
Term" on the face of the card.
(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
101-326, eff. 8-9-19; revised 9-20-23.)
 
    (Text of Section after amendment by P.A. 103-210)
    Sec. 1A. Definitions. As used in this Act:
    "Highly restricted personal information" means an
individual's photograph, signature, social security number,
and medical or disability information.
    "Identification card making implement" means any material,
hardware, or software that is specifically designed for or
primarily used in the manufacture, assembly, issuance, or
authentication of an official identification card issued by
the Secretary of State.
    "Fraudulent identification card" means any identification
card that purports to be an official identification card for
which a computerized number and file have not been created by
the Secretary of State, the United States Government or any
state or political subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this Act,
any identification card that resembles an official
identification card in either size, color, photograph
location, or design or uses the word "official", "state",
"Illinois", or the name of any other state or political
subdivision thereof, or any governmental or quasi-governmental
organization individually or in any combination thereof to
describe or modify the term "identification card" or "I.D.
card" anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the card,
is deemed to be a fraudulent identification card unless the
words "This is not an official Identification Card", appear
prominently upon it in black colored lettering in 12-point
type on the photograph side of the card, and no such card shall
be smaller in size than 3 inches by 4 inches, and the
photograph shall be on the left side of the card only.
    "Legal name" means the full given name and surname of an
individual as recorded at birth, recorded at marriage, or
deemed as the correct legal name for use in reporting income by
the Social Security Administration or the name as otherwise
established through legal action that appears on the
associated official document presented to the Secretary of
State.
    "Personally identifying information" means information
that identifies an individual, including his or her
identification card number, name, address (but not the 5-digit
zip code), date of birth, height, weight, hair color, eye
color, email address, and telephone number.
    "Homeless person" or "homeless individual" has the same
meaning as defined by the federal McKinney-Vento Homeless
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
    "Youth for whom the Department of Children and Family
Services is legally responsible" or "foster child" means a
child or youth whose guardianship or custody has been accepted
by the Department of Children and Family Services pursuant to
the Juvenile Court Act of 1987, the Children and Family
Services Act, the Abused and Neglected Child Reporting Act,
and the Adoption Act. This applies to children for whom the
Department of Children and Family Services has temporary
protective custody, custody or guardianship via court order,
or children whose parents have signed an adoptive surrender or
voluntary placement agreement with the Department.
    "REAL ID compliant identification card" means a standard
Illinois Identification Card or Illinois Person with a
Disability Identification Card issued in compliance with the
REAL ID Act and implementing regulations. REAL ID compliant
identification cards shall bear a security marking approved by
the United States Department of Homeland Security.
    "Standard identification card" means a standard Illinois
Identification Card or Illinois Person with a Disability
Identification Card issued in a manner which is not compliant
with the REAL ID Act and implementing regulations. Standard
identification cards shall be marked "Federal Limits Apply"
and shall have a color or design different from the REAL ID
compliant identification card.
    "Limited Term REAL ID compliant identification card" means
a REAL ID compliant identification card that is issued to a
person who is persons who are not a permanent resident
residents or citizen citizens of the United States, or an
individual who has an approved application for asylum in the
United States or has entered the United States in refugee
status, and is marked "Limited Term" on the face of the card.
(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
 
    (15 ILCS 335/4)
    (Text of Section before amendment by P.A. 103-210)
    Sec. 4. Identification card.
    (a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof. No identification card shall be issued to any person
who holds a valid foreign state identification card, license,
or permit unless the person first surrenders to the Secretary
of State the valid foreign state identification card, license,
or permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and
signature or mark of the applicant. However, the Secretary of
State may provide by rule for the issuance of Illinois
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. The Illinois
Identification Card may be used for identification purposes in
any lawful situation only by the person to whom it was issued.
As used in this Act, "photograph" means any color photograph
or digitally produced and captured image of an applicant for
an identification card. As used in this Act, "signature" means
the name of a person as written by that person and captured in
a manner acceptable to the Secretary of State.
    (a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
    (a-10) If the applicant is a judicial officer as defined
in Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's
residence or mailing address. The Secretary may promulgate
rules to implement this provision. For the purposes of this
subsection (a-10), "peace officer" means any person who by
virtue of his or her office or public employment is vested by
law with a duty to maintain public order or to make arrests for
a violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
    (a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by
rule, not to exceed $75. All fees collected by the Secretary
for expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification
Card. If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
    (a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a person committed to the
Department of Corrections or Department of Juvenile Justice
upon receipt of the person's birth certificate, social
security card, photograph, proof of residency upon discharge,
and an identification card application transferred via a
secure method as agreed upon by the Secretary and the
Department of Corrections or Department of Juvenile Justice.
Illinois residency shall be established by submission of a
Secretary of State prescribed Identification Card verification
form completed by the respective Department.
    (a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice,
if the released person is unable to present a certified copy of
his or her birth certificate and social security card or other
documents authorized by the Secretary, but does present a
Secretary of State prescribed Identification Card verification
form completed by the Department of Corrections or Department
of Juvenile Justice, verifying the released person's date of
birth, social security number, and his or her Illinois
residence address. The verification form must have been
completed no more than 30 days prior to the date of application
for the Illinois Identification Card.
    Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card or other documents authorized by the Secretary, a
standard Illinois Identification Card shall be issued. A
limited-term Illinois Identification Card may not be renewed.
    (a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social
security card, or other documents authorized by the Secretary,
and a document proving his or her Illinois residence address.
The Secretary of State shall issue a standard Illinois
Identification Card to a person prior to his or her
conditional release or absolute discharge if personnel from
the Department of Human Services bring the person to a
Secretary of State location with the required documents.
Documents proving residence address may include any official
document of the Department of Human Services showing the
person's address after release and a Secretary of State
prescribed verification form, which may be executed by
personnel of the Department of Human Services.
    (a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person
upon conditional release or absolute discharge from the
custody of the Department of Human Services, if the person is
unable to present a certified copy of his or her birth
certificate and social security card or other documents
authorized by the Secretary, but does present a Secretary of
State prescribed verification form completed by the Department
of Human Services, verifying the person's date of birth and
social security number, and a document proving his or her
Illinois residence address. The verification form must have
been completed no more than 30 days prior to the date of
application for the Illinois Identification Card. The
Secretary of State shall issue a limited-term Illinois
Identification Card to a person no sooner than 14 days prior to
his or her conditional release or absolute discharge if
personnel from the Department of Human Services bring the
person to a Secretary of State location with the required
documents. Documents proving residence address shall include
any official document of the Department of Human Services
showing the person's address after release and a Secretary of
State prescribed verification form, which may be executed by
personnel of the Department of Human Services.
    (b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Person with a Disability Identification Card, to any natural
person who is a resident of the State of Illinois, who is a
person with a disability as defined in Section 4A of this Act,
who applies for such card, or renewal thereof. No Illinois
Person with a Disability Identification Card shall be issued
to any person who holds a valid foreign state identification
card, license, or permit unless the person first surrenders to
the Secretary of State the valid foreign state identification
card, license, or permit. The Secretary of State shall charge
no fee to issue such card. The card shall be prepared and
supplied by the Secretary of State, and shall include a
photograph and signature or mark of the applicant, a
designation indicating that the card is an Illinois Person
with a Disability Identification Card, and shall include a
comprehensible designation of the type and classification of
the applicant's disability as set out in Section 4A of this
Act. However, the Secretary of State may provide by rule for
the issuance of Illinois Person with a Disability
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. If the applicant so
requests, the card shall include a description of the
applicant's disability and any information about the
applicant's disability or medical history which the Secretary
determines would be helpful to the applicant in securing
emergency medical care. If a mark is used in lieu of a
signature, such mark shall be affixed to the card in the
presence of two witnesses who attest to the authenticity of
the mark. The Illinois Person with a Disability Identification
Card may be used for identification purposes in any lawful
situation by the person to whom it was issued.
    The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be
used by any person other than the person named on such card to
prove that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
    An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation
for the purpose of issuing an Illinois Person with a
Disability Identification Card.
    When medical information is contained on an Illinois
Person with a Disability Identification Card, the Office of
the Secretary of State shall not be liable for any actions
taken based upon that medical information.
    (c) The Secretary of State shall provide that each
original or renewal Illinois Identification Card or Illinois
Person with a Disability Identification Card issued to a
person under the age of 21 shall be of a distinct nature from
those Illinois Identification Cards or Illinois Person with a
Disability Identification Cards issued to individuals 21 years
of age or older. The color designated for Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards for persons under the age of 21 shall be
at the discretion of the Secretary of State.
    (c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
    (c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State
in identifying these veterans and delivering these vital
services and benefits, the Secretary of State is authorized to
issue Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
    (c-5) Beginning on or before July 1, 2015, the Secretary
of State shall designate a space on each original or renewal
identification card where, at the request of the applicant,
the word "veteran" shall be placed. The veteran designation
shall be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
    (d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made
available at, but not limited to, nutrition sites, senior
citizen centers and Area Agencies on Aging. The applicant,
upon receipt of such card and prior to its use for any purpose,
shall have affixed thereon in the space provided therefor his
signature or mark.
    (e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification
Card or Illinois Person with a Disability Identification Card.
(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)
 
    (Text of Section after amendment by P.A. 103-210)
    Sec. 4. Identification card.
    (a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof. No identification card shall be issued to any person
who holds a valid foreign state identification card, license,
or permit unless the person first surrenders to the Secretary
of State the valid foreign state identification card, license,
or permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and
signature or mark of the applicant. However, the Secretary of
State may provide by rule for the issuance of Illinois
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. The Illinois
Identification Card may be used for identification purposes in
any lawful situation only by the person to whom it was issued.
As used in this Act, "photograph" means any color photograph
or digitally produced and captured image of an applicant for
an identification card. As used in this Act, "signature" means
the name of a person as written by that person and captured in
a manner acceptable to the Secretary of State.
    (a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
    (a-10) If the applicant is a judicial officer as defined
in Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's
residence or mailing address. The Secretary may promulgate
rules to implement this provision. For the purposes of this
subsection (a-10), "peace officer" means any person who by
virtue of his or her office or public employment is vested by
law with a duty to maintain public order or to make arrests for
a violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
    (a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by
rule, not to exceed $75. All fees collected by the Secretary
for expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification
Card. If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
    (a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a person committed to the
Department of Corrections or Department of Juvenile Justice
upon receipt of the person's birth certificate, social
security card, if the person has a social security number,
photograph, proof of residency upon discharge, and an
identification card application transferred via a secure
method as agreed upon by the Secretary and the Department of
Corrections or Department of Juvenile Justice, if the person
has a social security number,. Illinois residency shall be
established by submission of a Secretary of State prescribed
Identification Card verification form completed by the
respective Department.
    (a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice,
if the released person is unable to present a certified copy of
his or her birth certificate and social security card, if the
person has a social security number, or other documents
authorized by the Secretary, but does present a Secretary of
State prescribed Identification Card verification form
completed by the Department of Corrections or Department of
Juvenile Justice, verifying the released person's date of
birth, social security number, if the person has a social
security number, and his or her Illinois residence address.
The verification form must have been completed no more than 30
days prior to the date of application for the Illinois
Identification Card.
    Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card, if the person has a social security number, or other
documents authorized by the Secretary, a standard Illinois
Identification Card shall be issued. A limited-term Illinois
Identification Card may not be renewed.
    (a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social
security card, if the person has a social security number, or
other documents authorized by the Secretary, and a document
proving his or her Illinois residence address. The Secretary
of State shall issue a standard Illinois Identification Card
to a person prior to his or her conditional release or absolute
discharge if personnel from the Department of Human Services
bring the person to a Secretary of State location with the
required documents. Documents proving residence address may
include any official document of the Department of Human
Services showing the person's address after release and a
Secretary of State prescribed verification form, which may be
executed by personnel of the Department of Human Services.
    (a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person
upon conditional release or absolute discharge from the
custody of the Department of Human Services, if the person is
unable to present a certified copy of his or her birth
certificate and social security card, if the person has a
social security number, or other documents authorized by the
Secretary, but does present a Secretary of State prescribed
verification form completed by the Department of Human
Services, verifying the person's date of birth and social
security number, if the person has a social security number,
and a document proving his or her Illinois residence address.
The verification form must have been completed no more than 30
days prior to the date of application for the Illinois
Identification Card. The Secretary of State shall issue a
limited-term Illinois Identification Card to a person no
sooner than 14 days prior to his or her conditional release or
absolute discharge if personnel from the Department of Human
Services bring the person to a Secretary of State location
with the required documents. Documents proving residence
address shall include any official document of the Department
of Human Services showing the person's address after release
and a Secretary of State prescribed verification form, which
may be executed by personnel of the Department of Human
Services.
    (b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Person with a Disability Identification Card, to any natural
person who is a resident of the State of Illinois, who is a
person with a disability as defined in Section 4A of this Act,
who applies for such card, or renewal thereof. No Illinois
Person with a Disability Identification Card shall be issued
to any person who holds a valid foreign state identification
card, license, or permit unless the person first surrenders to
the Secretary of State the valid foreign state identification
card, license, or permit. The Secretary of State shall charge
no fee to issue such card. The card shall be prepared and
supplied by the Secretary of State, and shall include a
photograph and signature or mark of the applicant, a
designation indicating that the card is an Illinois Person
with a Disability Identification Card, and shall include a
comprehensible designation of the type and classification of
the applicant's disability as set out in Section 4A of this
Act. However, the Secretary of State may provide by rule for
the issuance of Illinois Person with a Disability
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. If the applicant so
requests, the card shall include a description of the
applicant's disability and any information about the
applicant's disability or medical history which the Secretary
determines would be helpful to the applicant in securing
emergency medical care. If a mark is used in lieu of a
signature, such mark shall be affixed to the card in the
presence of two witnesses who attest to the authenticity of
the mark. The Illinois Person with a Disability Identification
Card may be used for identification purposes in any lawful
situation by the person to whom it was issued.
    The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be
used by any person other than the person named on such card to
prove that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
    An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation
for the purpose of issuing an Illinois Person with a
Disability Identification Card.
    When medical information is contained on an Illinois
Person with a Disability Identification Card, the Office of
the Secretary of State shall not be liable for any actions
taken based upon that medical information.
    (c) The Secretary of State shall provide that each
original or renewal Illinois Identification Card or Illinois
Person with a Disability Identification Card issued to a
person under the age of 21 shall be of a distinct nature from
those Illinois Identification Cards or Illinois Person with a
Disability Identification Cards issued to individuals 21 years
of age or older. The color designated for Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards for persons under the age of 21 shall be
at the discretion of the Secretary of State.
    (c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
    (c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State
in identifying these veterans and delivering these vital
services and benefits, the Secretary of State is authorized to
issue Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
    (c-5) Beginning on or before July 1, 2015, the Secretary
of State shall designate a space on each original or renewal
identification card where, at the request of the applicant,
the word "veteran" shall be placed. The veteran designation
shall be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
    (d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made
available at, but not limited to, nutrition sites, senior
citizen centers and Area Agencies on Aging. The applicant,
upon receipt of such card and prior to its use for any purpose,
shall have affixed thereon in the space provided therefor his
signature or mark.
    (e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification
Card or Illinois Person with a Disability Identification Card.
(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
103-345, eff. 1-1-24; revised 12-12-23.)
 
    Section 45. The State Treasurer Employment Code is amended
by changing Section 7a as follows:
 
    (15 ILCS 510/7a)  (from Ch. 130, par. 107a)
    Sec. 7a. Terms; compensation Terms - compensation. Members
of the Personnel Review Board shall initially be appointed as
follows:
        (a) One member to serve for 2 years and until a
    successor is appointed;
        (b) One member to serve for 4 years and until a
    successor is appointed; and
        (c) One member to serve for 6 years and until a
    successor is appointed.
    Thereafter, members of the Board shall be appointed by the
Treasurer for 6-year 6 year terms with the advice and consent
of the Senate. One member of the Board shall be appointed a
chairperson for a 2-year 2 year term. Members of the Board
shall each be paid $100 for each day they are engaged in the
business of the Board and shall be reimbursed for their
expenses when engaged in such business.
(Source: P.A. 103-152, eff. 6-30-23; revised 9-20-23.)
 
    Section 50. The Civil Administrative Code of Illinois is
amended by changing Section 5-222 as follows:
 
    (20 ILCS 5/5-222)
    Sec. 5-222. Director of the Illinois Power Agency. The
Director of the Illinois Power Agency must have at least 10
years of combined experience in the electric industry,
electricity policy, or electricity markets and must possess:
(i) general knowledge of the responsibilities of being a
director, (ii) managerial experience, and (iii) an advanced
degree in economics, risk management, law, business,
engineering, or a related field. The Director of the Illinois
Power Agency must have experience with the renewable energy
industry and understanding of the programs established by
Public Act 102-662 intended to promote equity in the renewable
energy industry.
(Source: P.A. 102-1123, eff. 1-27-23; revised 4-4-23.)
 
    Section 55. The Data Governance and Organization to
Support Equity and Racial Justice Act is amended by changing
Section 20-15 as follows:
 
    (20 ILCS 65/20-15)
    Sec. 20-15. Data governance and organization to support
equity and racial justice.
    (a) On or before July 1, 2022 and each July 1 thereafter,
the Board and the Department shall report statistical data on
the racial, ethnic, age, sex, disability status, sexual
orientation, gender identity, and primary or preferred
language demographics of program participants for each major
program administered by the Board or the Department, except as
provided in subsection (a-5). Except as provided in subsection
(b), when reporting the data required under this Section, the
Board or the Department shall use the same racial and ethnic
classifications for each program, which shall include, but not
be limited to, the following:
        (1) American Indian and Alaska Native alone.
        (2) Asian alone.
        (3) Black or African American alone.
        (4) Hispanic or Latino of any race.
        (5) Native Hawaiian and Other Pacific Islander alone.
        (6) White alone.
        (7) Middle Eastern or North African.
        (8) Some other race alone.
        (9) Two or more races.
    The Board and the Department may further define, by rule,
the racial and ethnic classifications, including, if
necessary, a classification of "No Race Specified".
    (a-5) In relation to major program participants, the Board
shall not be required to collect personally identifiable
information and report statistical data on the categories of
sex, sexual orientation, and gender identity unless required
for federal reporting. The Board shall make available reports
on its Internet website, posted where other mandated reports
are posted, of statistical data on sex, sexual orientation,
and gender identity demographics through anonymous surveys or
other methods as age and developmentally appropriate.
    (b) If a program administered by the Board or the
Department is subject to federal reporting requirements that
include the collection and public reporting of statistical
data on the racial and ethnic demographics of program
participants, the Department may maintain the same racial and
ethnic classifications used under the federal requirements if
such classifications differ from the classifications listed in
subsection (a).
    (c) The Department of Innovation and Technology shall
assist the Board and the Department by establishing common
technological processes and procedures for the Board and the
Department to:
        (1) Catalog data.
        (2) Identify similar fields in datasets.
        (3) Manage data requests.
        (4) Share data.
        (5) Collect data.
        (6) Improve and clean data.
        (7) Match data across the Board and Departments.
        (8) Develop research and analytic agendas.
        (9) Report on program participation disaggregated by
    race and ethnicity.
        (10) Evaluate equitable outcomes for underserved
    populations in Illinois.
        (11) Define common roles for data management.
        (12) Ensure that all major programs can report
    disaggregated data by race, ethnicity, age, sex,
    disability status, sexual orientation, and gender
    identity, and primary or preferred language.
    The Board and the Department shall use the common
technological processes and procedures established by the
Department of Innovation and Technology.
    (d) If the Board or the Department is unable to begin
reporting the data required by subsection (a) by July 1, 2022,
the Board or the Department shall state the reasons for the
delay under the reporting requirements.
    (e) By no later than March 31, 2022, the Board and the
Department shall provide a progress report to the General
Assembly to disclose: (i) the programs and datasets that have
been cataloged for which race, ethnicity, age, sex, disability
status, sexual orientation, gender identity, and primary or
preferred language have been standardized; and (ii) to the
extent possible, the datasets and programs that are
outstanding for each agency and the datasets that are planned
for the upcoming year. On or before March 31, 2023, and each
year thereafter, the Board and the Department shall provide an
updated report to the General Assembly.
    (f) By no later than October 31, 2021, the Governor's
Office shall provide a plan to establish processes for input
from the Board and the Department into processes outlined in
subsection (c). The plan shall incorporate ongoing efforts at
data interoperability within the Department and the governance
established to support the P-20 Longitudinal Education Data
System enacted by Public Act 96-107.
    (g) Nothing in this Section shall be construed to limit
the rights granted to individuals or data sharing protections
established under existing State and federal data privacy and
security laws.
(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23;
103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised
12-12-23.)
 
    Section 60. The Illinois Act on the Aging is amended by
changing Section 4.02 as follows:
 
    (20 ILCS 105/4.02)
    Sec. 4.02. Community Care Program. The Department shall
establish a program of services to prevent unnecessary
institutionalization of persons age 60 and older in need of
long term care or who are established as persons who suffer
from Alzheimer's disease or a related disorder under the
Alzheimer's Disease Assistance Act, thereby enabling them to
remain in their own homes or in other living arrangements.
Such preventive services, which may be coordinated with other
programs for the aged and monitored by area agencies on aging
in cooperation with the Department, may include, but are not
limited to, any or all of the following:
        (a) (blank);
        (b) (blank);
        (c) home care aide services;
        (d) personal assistant services;
        (e) adult day services;
        (f) home-delivered meals;
        (g) education in self-care;
        (h) personal care services;
        (i) adult day health services;
        (j) habilitation services;
        (k) respite care;
        (k-5) community reintegration services;
        (k-6) flexible senior services;
        (k-7) medication management;
        (k-8) emergency home response;
        (l) other nonmedical social services that may enable
    the person to become self-supporting; or
        (m) clearinghouse for information provided by senior
    citizen home owners who want to rent rooms to or share
    living space with other senior citizens.
    The Department shall establish eligibility standards for
such services. In determining the amount and nature of
services for which a person may qualify, consideration shall
not be given to the value of cash, property, or other assets
held in the name of the person's spouse pursuant to a written
agreement dividing marital property into equal but separate
shares or pursuant to a transfer of the person's interest in a
home to his spouse, provided that the spouse's share of the
marital property is not made available to the person seeking
such services.
    Beginning January 1, 2008, the Department shall require as
a condition of eligibility that all new financially eligible
applicants apply for and enroll in medical assistance under
Article V of the Illinois Public Aid Code in accordance with
rules promulgated by the Department.
    The Department shall, in conjunction with the Department
of Public Aid (now Department of Healthcare and Family
Services), seek appropriate amendments under Sections 1915 and
1924 of the Social Security Act. The purpose of the amendments
shall be to extend eligibility for home and community based
services under Sections 1915 and 1924 of the Social Security
Act to persons who transfer to or for the benefit of a spouse
those amounts of income and resources allowed under Section
1924 of the Social Security Act. Subject to the approval of
such amendments, the Department shall extend the provisions of
Section 5-4 of the Illinois Public Aid Code to persons who, but
for the provision of home or community-based services, would
require the level of care provided in an institution, as is
provided for in federal law. Those persons no longer found to
be eligible for receiving noninstitutional services due to
changes in the eligibility criteria shall be given 45 days
notice prior to actual termination. Those persons receiving
notice of termination may contact the Department and request
the determination be appealed at any time during the 45 day
notice period. The target population identified for the
purposes of this Section are persons age 60 and older with an
identified service need. Priority shall be given to those who
are at imminent risk of institutionalization. The services
shall be provided to eligible persons age 60 and older to the
extent that the cost of the services together with the other
personal maintenance expenses of the persons are reasonably
related to the standards established for care in a group
facility appropriate to the person's condition. These
non-institutional services, pilot projects, or experimental
facilities may be provided as part of or in addition to those
authorized by federal law or those funded and administered by
the Department of Human Services. The Departments of Human
Services, Healthcare and Family Services, Public Health,
Veterans' Affairs, and Commerce and Economic Opportunity and
other appropriate agencies of State, federal, and local
governments shall cooperate with the Department on Aging in
the establishment and development of the non-institutional
services. The Department shall require an annual audit from
all personal assistant and home care aide vendors contracting
with the Department under this Section. The annual audit shall
assure that each audited vendor's procedures are in compliance
with Department's financial reporting guidelines requiring an
administrative and employee wage and benefits cost split as
defined in administrative rules. The audit is a public record
under the Freedom of Information Act. The Department shall
execute, relative to the nursing home prescreening project,
written inter-agency agreements with the Department of Human
Services and the Department of Healthcare and Family Services,
to effect the following: (1) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (2) the establishment and
development of non-institutional services in areas of the
State where they are not currently available or are
undeveloped. On and after July 1, 1996, all nursing home
prescreenings for individuals 60 years of age or older shall
be conducted by the Department.
    As part of the Department on Aging's routine training of
case managers and case manager supervisors, the Department may
include information on family futures planning for persons who
are age 60 or older and who are caregivers of their adult
children with developmental disabilities. The content of the
training shall be at the Department's discretion.
    The Department is authorized to establish a system of
recipient copayment for services provided under this Section,
such copayment to be based upon the recipient's ability to pay
but in no case to exceed the actual cost of the services
provided. Additionally, any portion of a person's income which
is equal to or less than the federal poverty standard shall not
be considered by the Department in determining the copayment.
The level of such copayment shall be adjusted whenever
necessary to reflect any change in the officially designated
federal poverty standard.
    The Department, or the Department's authorized
representative, may recover the amount of moneys expended for
services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may
be had until after the death of the surviving spouse, if any,
and then only at such time when there is no surviving child who
is under age 21 or blind or who has a permanent and total
disability. This paragraph, however, shall not bar recovery,
at the death of the person, of moneys for services provided to
the person or in behalf of the person under this Section to
which the person was not entitled; provided that such recovery
shall not be enforced against any real estate while it is
occupied as a homestead by the surviving spouse or other
dependent, if no claims by other creditors have been filed
against the estate, or, if such claims have been filed, they
remain dormant for failure of prosecution or failure of the
claimant to compel administration of the estate for the
purpose of payment. This paragraph shall not bar recovery from
the estate of a spouse, under Sections 1915 and 1924 of the
Social Security Act and Section 5-4 of the Illinois Public Aid
Code, who precedes a person receiving services under this
Section in death. All moneys for services paid to or in behalf
of the person under this Section shall be claimed for recovery
from the deceased spouse's estate. "Homestead", as used in
this paragraph, means the dwelling house and contiguous real
estate occupied by a surviving spouse or relative, as defined
by the rules and regulations of the Department of Healthcare
and Family Services, regardless of the value of the property.
    The Department shall increase the effectiveness of the
existing Community Care Program by:
        (1) ensuring that in-home services included in the
    care plan are available on evenings and weekends;
        (2) ensuring that care plans contain the services that
    eligible participants need based on the number of days in
    a month, not limited to specific blocks of time, as
    identified by the comprehensive assessment tool selected
    by the Department for use statewide, not to exceed the
    total monthly service cost maximum allowed for each
    service; the Department shall develop administrative rules
    to implement this item (2);
        (3) ensuring that the participants have the right to
    choose the services contained in their care plan and to
    direct how those services are provided, based on
    administrative rules established by the Department;
        (4) ensuring that the determination of need tool is
    accurate in determining the participants' level of need;
    to achieve this, the Department, in conjunction with the
    Older Adult Services Advisory Committee, shall institute a
    study of the relationship between the Determination of
    Need scores, level of need, service cost maximums, and the
    development and utilization of service plans no later than
    May 1, 2008; findings and recommendations shall be
    presented to the Governor and the General Assembly no
    later than January 1, 2009; recommendations shall include
    all needed changes to the service cost maximums schedule
    and additional covered services;
        (5) ensuring that homemakers can provide personal care
    services that may or may not involve contact with clients,
    including, but not limited to:
            (A) bathing;
            (B) grooming;
            (C) toileting;
            (D) nail care;
            (E) transferring;
            (F) respiratory services;
            (G) exercise; or
            (H) positioning;
        (6) ensuring that homemaker program vendors are not
    restricted from hiring homemakers who are family members
    of clients or recommended by clients; the Department may
    not, by rule or policy, require homemakers who are family
    members of clients or recommended by clients to accept
    assignments in homes other than the client;
        (7) ensuring that the State may access maximum federal
    matching funds by seeking approval for the Centers for
    Medicare and Medicaid Services for modifications to the
    State's home and community based services waiver and
    additional waiver opportunities, including applying for
    enrollment in the Balance Incentive Payment Program by May
    1, 2013, in order to maximize federal matching funds; this
    shall include, but not be limited to, modification that
    reflects all changes in the Community Care Program
    services and all increases in the services cost maximum;
        (8) ensuring that the determination of need tool
    accurately reflects the service needs of individuals with
    Alzheimer's disease and related dementia disorders;
        (9) ensuring that services are authorized accurately
    and consistently for the Community Care Program (CCP); the
    Department shall implement a Service Authorization policy
    directive; the purpose shall be to ensure that eligibility
    and services are authorized accurately and consistently in
    the CCP program; the policy directive shall clarify
    service authorization guidelines to Care Coordination
    Units and Community Care Program providers no later than
    May 1, 2013;
        (10) working in conjunction with Care Coordination
    Units, the Department of Healthcare and Family Services,
    the Department of Human Services, Community Care Program
    providers, and other stakeholders to make improvements to
    the Medicaid claiming processes and the Medicaid
    enrollment procedures or requirements as needed,
    including, but not limited to, specific policy changes or
    rules to improve the up-front enrollment of participants
    in the Medicaid program and specific policy changes or
    rules to insure more prompt submission of bills to the
    federal government to secure maximum federal matching
    dollars as promptly as possible; the Department on Aging
    shall have at least 3 meetings with stakeholders by
    January 1, 2014 in order to address these improvements;
        (11) requiring home care service providers to comply
    with the rounding of hours worked provisions under the
    federal Fair Labor Standards Act (FLSA) and as set forth
    in 29 CFR 785.48(b) by May 1, 2013;
        (12) implementing any necessary policy changes or
    promulgating any rules, no later than January 1, 2014, to
    assist the Department of Healthcare and Family Services in
    moving as many participants as possible, consistent with
    federal regulations, into coordinated care plans if a care
    coordination plan that covers long term care is available
    in the recipient's area; and
        (13) maintaining fiscal year 2014 rates at the same
    level established on January 1, 2013.
    By January 1, 2009 or as soon after the end of the Cash and
Counseling Demonstration Project as is practicable, the
Department may, based on its evaluation of the demonstration
project, promulgate rules concerning personal assistant
services, to include, but need not be limited to,
qualifications, employment screening, rights under fair labor
standards, training, fiduciary agent, and supervision
requirements. All applicants shall be subject to the
provisions of the Health Care Worker Background Check Act.
    The Department shall develop procedures to enhance
availability of services on evenings, weekends, and on an
emergency basis to meet the respite needs of caregivers.
Procedures shall be developed to permit the utilization of
services in successive blocks of 24 hours up to the monthly
maximum established by the Department. Workers providing these
services shall be appropriately trained.
    Beginning on September 23, 1991 (the effective date of
Public Act 87-729) this amendatory Act of 1991, no person may
perform chore/housekeeping and home care aide services under a
program authorized by this Section unless that person has been
issued a certificate of pre-service to do so by his or her
employing agency. Information gathered to effect such
certification shall include (i) the person's name, (ii) the
date the person was hired by his or her current employer, and
(iii) the training, including dates and levels. Persons
engaged in the program authorized by this Section before the
effective date of this amendatory Act of 1991 shall be issued a
certificate of all pre-service pre- and in-service training
from his or her employer upon submitting the necessary
information. The employing agency shall be required to retain
records of all staff pre-service pre- and in-service training,
and shall provide such records to the Department upon request
and upon termination of the employer's contract with the
Department. In addition, the employing agency is responsible
for the issuance of certifications of in-service training
completed to their employees.
    The Department is required to develop a system to ensure
that persons working as home care aides and personal
assistants receive increases in their wages when the federal
minimum wage is increased by requiring vendors to certify that
they are meeting the federal minimum wage statute for home
care aides and personal assistants. An employer that cannot
ensure that the minimum wage increase is being given to home
care aides and personal assistants shall be denied any
increase in reimbursement costs.
    The Community Care Program Advisory Committee is created
in the Department on Aging. The Director shall appoint
individuals to serve in the Committee, who shall serve at
their own expense. Members of the Committee must abide by all
applicable ethics laws. The Committee shall advise the
Department on issues related to the Department's program of
services to prevent unnecessary institutionalization. The
Committee shall meet on a bi-monthly basis and shall serve to
identify and advise the Department on present and potential
issues affecting the service delivery network, the program's
clients, and the Department and to recommend solution
strategies. Persons appointed to the Committee shall be
appointed on, but not limited to, their own and their agency's
experience with the program, geographic representation, and
willingness to serve. The Director shall appoint members to
the Committee to represent provider, advocacy, policy
research, and other constituencies committed to the delivery
of high quality home and community-based services to older
adults. Representatives shall be appointed to ensure
representation from community care providers, including, but
not limited to, adult day service providers, homemaker
providers, case coordination and case management units,
emergency home response providers, statewide trade or labor
unions that represent home care aides and direct care staff,
area agencies on aging, adults over age 60, membership
organizations representing older adults, and other
organizational entities, providers of care, or individuals
with demonstrated interest and expertise in the field of home
and community care as determined by the Director.
    Nominations may be presented from any agency or State
association with interest in the program. The Director, or his
or her designee, shall serve as the permanent co-chair of the
advisory committee. One other co-chair shall be nominated and
approved by the members of the committee on an annual basis.
Committee members' terms of appointment shall be for 4 years
with one-quarter of the appointees' terms expiring each year.
A member shall continue to serve until his or her replacement
is named. The Department shall fill vacancies that have a
remaining term of over one year, and this replacement shall
occur through the annual replacement of expiring terms. The
Director shall designate Department staff to provide technical
assistance and staff support to the committee. Department
representation shall not constitute membership of the
committee. All Committee papers, issues, recommendations,
reports, and meeting memoranda are advisory only. The
Director, or his or her designee, shall make a written report,
as requested by the Committee, regarding issues before the
Committee.
    The Department on Aging and the Department of Human
Services shall cooperate in the development and submission of
an annual report on programs and services provided under this
Section. Such joint report shall be filed with the Governor
and the General Assembly on or before March 31 of the following
fiscal year.
    The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
    Those persons previously found eligible for receiving
non-institutional services whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992, and who do
not meet the eligibility standards in effect on or after July
1, 1992, shall remain ineligible on and after July 1, 1992.
Those persons previously not required to cost-share and who
were required to cost-share effective March 1, 1992, shall
continue to meet cost-share requirements on and after July 1,
1992. Beginning July 1, 1992, all clients will be required to
meet eligibility, cost-share, and other requirements and will
have services discontinued or altered when they fail to meet
these requirements.
    For the purposes of this Section, "flexible senior
services" refers to services that require one-time or periodic
expenditures, including, but not limited to, respite care,
home modification, assistive technology, housing assistance,
and transportation.
    The Department shall implement an electronic service
verification based on global positioning systems or other
cost-effective technology for the Community Care Program no
later than January 1, 2014.
    The Department shall require, as a condition of
eligibility, enrollment in the medical assistance program
under Article V of the Illinois Public Aid Code (i) beginning
August 1, 2013, if the Auditor General has reported that the
Department has failed to comply with the reporting
requirements of Section 2-27 of the Illinois State Auditing
Act; or (ii) beginning June 1, 2014, if the Auditor General has
reported that the Department has not undertaken the required
actions listed in the report required by subsection (a) of
Section 2-27 of the Illinois State Auditing Act.
    The Department shall delay Community Care Program services
until an applicant is determined eligible for medical
assistance under Article V of the Illinois Public Aid Code (i)
beginning August 1, 2013, if the Auditor General has reported
that the Department has failed to comply with the reporting
requirements of Section 2-27 of the Illinois State Auditing
Act; or (ii) beginning June 1, 2014, if the Auditor General has
reported that the Department has not undertaken the required
actions listed in the report required by subsection (a) of
Section 2-27 of the Illinois State Auditing Act.
    The Department shall implement co-payments for the
Community Care Program at the federally allowable maximum
level (i) beginning August 1, 2013, if the Auditor General has
reported that the Department has failed to comply with the
reporting requirements of Section 2-27 of the Illinois State
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
General has reported that the Department has not undertaken
the required actions listed in the report required by
subsection (a) of Section 2-27 of the Illinois State Auditing
Act.
    The Department shall continue to provide other Community
Care Program reports as required by statute.
    The Department shall conduct a quarterly review of Care
Coordination Unit performance and adherence to service
guidelines. The quarterly review shall be reported to 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. The Department shall
collect and report longitudinal data on the performance of
each care coordination unit. Nothing in this paragraph shall
be construed to require the Department to identify specific
care coordination units.
    In regard to community care providers, failure to comply
with Department on Aging policies shall be cause for
disciplinary action, including, but not limited to,
disqualification from serving Community Care Program clients.
Each provider, upon submission of any bill or invoice to the
Department for payment for services rendered, shall include a
notarized statement, under penalty of perjury pursuant to
Section 1-109 of the Code of Civil Procedure, that the
provider has complied with all Department policies.
    The Director of the Department on Aging shall make
information available to the State Board of Elections as may
be required by an agreement the State Board of Elections has
entered into with a multi-state voter registration list
maintenance system.
    Within 30 days after July 6, 2017 (the effective date of
Public Act 100-23), rates shall be increased to $18.29 per
hour, for the purpose of increasing, by at least $.72 per hour,
the wages paid by those vendors to their employees who provide
homemaker services. The Department shall pay an enhanced rate
under the Community Care Program to those in-home service
provider agencies that offer health insurance coverage as a
benefit to their direct service worker employees consistent
with the mandates of Public Act 95-713. For State fiscal years
2018 and 2019, the enhanced rate shall be $1.77 per hour. The
rate shall be adjusted using actuarial analysis based on the
cost of care, but shall not be set below $1.77 per hour. The
Department shall adopt rules, including emergency rules under
subsections (y) and (bb) of Section 5-45 of the Illinois
Administrative Procedure Act, to implement the provisions of
this paragraph.
    Subject to federal approval, beginning on January 1, 2024,
rates for adult day services shall be increased to $16.84 per
hour and rates for each way transportation services for adult
day services shall be increased to $12.44 per unit
transportation.
    Subject to federal approval, on and after January 1, 2024,
rates for homemaker services shall be increased to $28.07 to
sustain a minimum wage of $17 per hour for direct service
workers. Rates in subsequent State fiscal years shall be no
lower than the rates put into effect upon federal approval.
Providers of in-home services shall be required to certify to
the Department that they remain in compliance with the
mandated wage increase for direct service workers. Fringe
benefits, including, but not limited to, paid time off and
payment for training, health insurance, travel, or
transportation, shall not be reduced in relation to the rate
increases described in this paragraph.
    The General Assembly finds it necessary to authorize an
aggressive Medicaid enrollment initiative designed to maximize
federal Medicaid funding for the Community Care Program which
produces significant savings for the State of Illinois. The
Department on Aging shall establish and implement a Community
Care Program Medicaid Initiative. Under the Initiative, the
Department on Aging shall, at a minimum: (i) provide an
enhanced rate to adequately compensate care coordination units
to enroll eligible Community Care Program clients into
Medicaid; (ii) use recommendations from a stakeholder
committee on how best to implement the Initiative; and (iii)
establish requirements for State agencies to make enrollment
in the State's Medical Assistance program easier for seniors.
    The Community Care Program Medicaid Enrollment Oversight
Subcommittee is created as a subcommittee of the Older Adult
Services Advisory Committee established in Section 35 of the
Older Adult Services Act to make recommendations on how best
to increase the number of medical assistance recipients who
are enrolled in the Community Care Program. The Subcommittee
shall consist of all of the following persons who must be
appointed within 30 days after June 4, 2018 (the effective
date of Public Act 100-587) this amendatory Act of the 100th
General Assembly:
        (1) The Director of Aging, or his or her designee, who
    shall serve as the chairperson of the Subcommittee.
        (2) One representative of the Department of Healthcare
    and Family Services, appointed by the Director of
    Healthcare and Family Services.
        (3) One representative of the Department of Human
    Services, appointed by the Secretary of Human Services.
        (4) One individual representing a care coordination
    unit, appointed by the Director of Aging.
        (5) One individual from a non-governmental statewide
    organization that advocates for seniors, appointed by the
    Director of Aging.
        (6) One individual representing Area Agencies on
    Aging, appointed by the Director of Aging.
        (7) One individual from a statewide association
    dedicated to Alzheimer's care, support, and research,
    appointed by the Director of Aging.
        (8) One individual from an organization that employs
    persons who provide services under the Community Care
    Program, appointed by the Director of Aging.
        (9) One member of a trade or labor union representing
    persons who provide services under the Community Care
    Program, appointed by the Director of Aging.
        (10) One member of the Senate, who shall serve as
    co-chairperson, appointed by the President of the Senate.
        (11) One member of the Senate, who shall serve as
    co-chairperson, appointed by the Minority Leader of the
    Senate.
        (12) One member of the House of Representatives, who
    shall serve as co-chairperson, appointed by the Speaker of
    the House of Representatives.
        (13) One member of the House of Representatives, who
    shall serve as co-chairperson, appointed by the Minority
    Leader of the House of Representatives.
        (14) One individual appointed by a labor organization
    representing frontline employees at the Department of
    Human Services.
    The Subcommittee shall provide oversight to the Community
Care Program Medicaid Initiative and shall meet quarterly. At
each Subcommittee meeting the Department on Aging shall
provide the following data sets to the Subcommittee: (A) the
number of Illinois residents, categorized by planning and
service area, who are receiving services under the Community
Care Program and are enrolled in the State's Medical
Assistance Program; (B) the number of Illinois residents,
categorized by planning and service area, who are receiving
services under the Community Care Program, but are not
enrolled in the State's Medical Assistance Program; and (C)
the number of Illinois residents, categorized by planning and
service area, who are receiving services under the Community
Care Program and are eligible for benefits under the State's
Medical Assistance Program, but are not enrolled in the
State's Medical Assistance Program. In addition to this data,
the Department on Aging shall provide the Subcommittee with
plans on how the Department on Aging will reduce the number of
Illinois residents who are not enrolled in the State's Medical
Assistance Program but who are eligible for medical assistance
benefits. The Department on Aging shall enroll in the State's
Medical Assistance Program those Illinois residents who
receive services under the Community Care Program and are
eligible for medical assistance benefits but are not enrolled
in the State's Medicaid Assistance Program. The data provided
to the Subcommittee shall be made available to the public via
the Department on Aging's website.
    The Department on Aging, with the involvement of the
Subcommittee, shall collaborate with the Department of Human
Services and the Department of Healthcare and Family Services
on how best to achieve the responsibilities of the Community
Care Program Medicaid Initiative.
    The Department on Aging, the Department of Human Services,
and the Department of Healthcare and Family Services shall
coordinate and implement a streamlined process for seniors to
access benefits under the State's Medical Assistance Program.
    The Subcommittee shall collaborate with the Department of
Human Services on the adoption of a uniform application
submission process. The Department of Human Services and any
other State agency involved with processing the medical
assistance application of any person enrolled in the Community
Care Program shall include the appropriate care coordination
unit in all communications related to the determination or
status of the application.
    The Community Care Program Medicaid Initiative shall
provide targeted funding to care coordination units to help
seniors complete their applications for medical assistance
benefits. On and after July 1, 2019, care coordination units
shall receive no less than $200 per completed application,
which rate may be included in a bundled rate for initial intake
services when Medicaid application assistance is provided in
conjunction with the initial intake process for new program
participants.
    The Community Care Program Medicaid Initiative shall cease
operation 5 years after June 4, 2018 (the effective date of
Public Act 100-587) this amendatory Act of the 100th General
Assembly, after which the Subcommittee shall dissolve.
    Effective July 1, 2023, subject to federal approval, the
Department on Aging shall reimburse Care Coordination Units at
the following rates for case management services: $252.40 for
each initial assessment; $366.40 for each initial assessment
with translation; $229.68 for each redetermination assessment;
$313.68 for each redetermination assessment with translation;
$200.00 for each completed application for medical assistance
benefits; $132.26 for each face-to-face, choices-for-care
screening; $168.26 for each face-to-face, choices-for-care
screening with translation; $124.56 for each 6-month,
face-to-face visit; $132.00 for each MCO participant
eligibility determination; and $157.00 for each MCO
participant eligibility determination with translation.
(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
Section 90-5, eff. 1-1-24; revised 12-12-23.)
 
    Section 65. The Personnel Code is amended by changing
Sections 8a, 8b.3, 8b.9, 8b.10, and 9 as follows:
 
    (20 ILCS 415/8a)  (from Ch. 127, par. 63b108a)
    Sec. 8a. Jurisdiction A; classification Jurisdiction A -
Classification and pay. For positions in the State service
subject to the jurisdiction of the Department of Central
Management Services with respect to the classification and
pay:
        (1) For the preparation, maintenance, and revision by
    the Director, subject to approval by the Commission, of a
    position classification plan for all positions subject to
    this Code Act, based upon similarity of duties performed,
    responsibilities assigned, and conditions of employment so
    that the same schedule of pay may be equitably applied to
    all positions in the same class. However, the pay of an
    employee whose position is reduced in rank or grade by
    reallocation because of a loss of duties or
    responsibilities after his appointment to such position
    shall not be required to be lowered for a period of one
    year after the reallocation of his position. Conditions of
    employment shall not be used as a factor in the
    classification of any position heretofore paid under the
    provisions of Section 1.22 of "An Act to standardize
    position titles and salary rates", approved June 30, 1943,
    as amended. Unless the Commission disapproves such
    classification plan within 60 days, or any revision
    thereof within 30 days, the Director shall allocate every
    such position to one of the classes in the plan. Any
    employee affected by the allocation of a position to a
    class shall, after filing with the Director of Central
    Management Services a written request for reconsideration
    thereof in such manner and form as the Director may
    prescribe, be given a reasonable opportunity to be heard
    by the Director. If the employee does not accept the
    allocation of the position, he shall then have the right
    of appeal to the Civil Service Commission.
        (2) For a pay plan to be prepared by the Director for
    all employees subject to this Code Act after consultation
    with operating agency heads and the Director of the
    Governor's Office of Management and Budget. Such pay plan
    may include provisions for uniformity of starting pay, an
    increment plan, area differentials, a delay not to exceed
    one year prior to the reduction of the pay of employees
    whose positions are reduced in rank or grade by
    reallocation because of a loss of duties or
    responsibilities after their appointments to such
    positions, prevailing rates of wages in those
    classifications in which employers are now paying or may
    hereafter pay such rates of wage and other provisions.
    Such pay plan shall become effective only after it has
    been approved by the Governor. Amendments to the pay plan
    shall be made in the same manner. Such pay plan shall
    provide that each employee shall be paid at one of the
    rates set forth in the pay plan for the class of position
    in which he is employed, subject to delay in the reduction
    of pay of employees whose positions are reduced in rank or
    grade by allocation as above set forth in this Section.
    Such pay plan shall provide for a fair and reasonable
    compensation for services rendered.
    This Section is inapplicable to the position of Assistant
Director of Healthcare and Family Services in the Department
of Healthcare and Family Services. The salary for this
position shall be as established in the "The Civil
Administrative Code of Illinois", approved March 7, 1917, as
amended.
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07;
revised 9-20-23.)
 
    (20 ILCS 415/8b.3)  (from Ch. 127, par. 63b108b.3)
    Sec. 8b.3. For assessment of employees with contractual
rights under a collective bargaining agreement to determine
those candidates who are eligible for appointment and
promotion and their relative excellence. Assessments, which
are the determination of whether an individual meets the
minimum qualifications as determined by the class
specification of the position for which they are being
considered, shall be designed to objectively eliminate those
who are not qualified for the position into which they are
applying and to discover the relative fitness of those who are
qualified. The Director may substitute rankings, such as
superior, excellent, well-qualified, and qualified, for
numerical ratings and establish qualification assessments or
assessment equivalents accordingly. The Department may adopt
rules regarding the assessment of applicants and the
appointment of qualified candidates. Adopted rules shall be
interpreted to be consistent with collective bargaining
agreements.
(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
 
    (20 ILCS 415/8b.9)  (from Ch. 127, par. 63b108b.9)
    Sec. 8b.9. For temporary appointments to any positions in
the State service which are determined to be temporary or
seasonal in nature by the Director of Central Management
Services. Temporary appointments may be made for not more than
6 months. No position in the State service may be filled by
temporary appointment for more than 6 months out of any
12-month 12 month period.
(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
 
    (20 ILCS 415/8b.10)  (from Ch. 127, par. 63b108b.10)
    Sec. 8b.10. For provisional appointment to a position
without competitive qualification assessment. No position
within jurisdiction B may be filled by provisional appointment
for longer than 6 months out of any 12-month 12 month period.
(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
 
    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
    Sec. 9. Director; , powers and duties. The Director, as
executive head of the Department, shall direct and supervise
all its administrative and technical activities. In addition
to the duties imposed upon him elsewhere in this Code law, it
shall be his duty:
        (1) To apply and carry out this Code law and the rules
    adopted thereunder.
        (2) To attend meetings of the Commission.
        (3) To establish and maintain a roster of all
    employees subject to this Code Act, in which there shall
    be set forth, as to each employee, the class, title, pay,
    status, and other pertinent data.
        (4) To appoint, subject to the provisions of this Code
    Act, such employees of the Department and such experts and
    special assistants as may be necessary to carry out
    effectively this Code law.
        (5) Subject to such exemptions or modifications as may
    be necessary to assure the continuity of federal
    contributions in those agencies supported in whole or in
    part by federal funds, to make appointments to vacancies;
    to approve all written charges seeking discharge,
    demotion, or other disciplinary measures provided in this
    Code Act and to approve transfers of employees from one
    geographical area to another in the State, in offices,
    positions or places of employment covered by this Code
    Act, after consultation with the operating unit.
        (6) To formulate and administer service wide policies
    and programs for the improvement of employee
    effectiveness, including training, safety, health,
    incentive recognition, counseling, welfare, and employee
    relations. The Department shall formulate and administer
    recruitment plans and testing of potential employees for
    agencies having direct contact with significant numbers of
    non-English speaking or otherwise culturally distinct
    persons. The Department shall require each State agency to
    annually assess the need for employees with appropriate
    bilingual capabilities to serve the significant numbers of
    non-English speaking or culturally distinct persons. The
    Department shall develop a uniform procedure for assessing
    an agency's need for employees with appropriate bilingual
    capabilities. Agencies shall establish occupational titles
    or designate positions as "bilingual option" for persons
    having sufficient linguistic ability or cultural knowledge
    to be able to render effective service to such persons.
    The Department shall ensure that any such option is
    exercised according to the agency's needs assessment and
    the requirements of this Code. The Department shall make
    annual reports of the needs assessment of each agency and
    the number of positions calling for non-English linguistic
    ability to whom vacancy postings were sent, and the number
    filled by each agency. Such policies and programs shall be
    subject to approval by the Governor, provided that for
    needs that require a certain linguistic ability that: (i)
    have not been met for a posted position for a period of at
    least one year; or (ii) arise when an individual's health
    or safety would be placed in immediate risk, the
    Department shall accept certifications of linguistic
    competence from pre-approved third parties. To facilitate
    expanding the scope of sources to demonstrate linguistic
    competence, the Department shall issue standards for
    demonstrating linguistic competence. No later than January
    2024, the Department shall authorize at least one if not
    more community colleges in the regions involving the
    counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
    Will, Sangamon, and 5 other geographically distributed
    counties within the State to pre-test and certify
    linguistic ability, and such certifications by candidates
    shall be presumed to satisfy the linguistic ability
    requirements for the job position. Such policies, program
    reports and needs assessment reports, as well as
    linguistic certification standards, shall be filed with
    the General Assembly by January 1 of each year and shall be
    available to the public.
        The Department shall include within the report
    required above the number of persons receiving the
    bilingual pay supplement established by Section 8a.2 of
    this Code. The report shall provide the number of persons
    receiving the bilingual pay supplement for languages other
    than English and for signing. The report shall also
    indicate the number of persons, by the categories of
    Hispanic and non-Hispanic, who are receiving the bilingual
    pay supplement for language skills other than signing, in
    a language other than English.
        (7) To conduct negotiations affecting pay, hours of
    work, or other working conditions of employees subject to
    this Code Act.
        (8) To make continuing studies to improve the
    efficiency of State services to the residents of Illinois,
    including, but not limited to, those who are non-English
    speaking or culturally distinct, and to report his
    findings and recommendations to the Commission and the
    Governor.
        (9) To investigate from time to time the operation and
    effect of this Code law and the rules made thereunder and
    to report his findings and recommendations to the
    Commission and to the Governor.
        (10) To make an annual report regarding the work of
    the Department, and such special reports as he may
    consider desirable, to the Commission and to the Governor,
    or as the Governor or Commission may request.
        (11) To make continuing studies to encourage State
    employment for persons with disabilities, including, but
    not limited to, the Successful Disability Opportunities
    Program.
        (12) To make available, on the CMS website or its
    equivalent, no less frequently than quarterly, information
    regarding all exempt positions in State service and
    information showing the number of employees who are exempt
    from merit selection and non-exempt from merit selection
    in each department.
        (13) To establish policies to increase the flexibility
    of the State workforce for every department or agency
    subject to Jurisdiction C, including the use of flexible
    time, location, workloads, and positions. The Director and
    the director of each department or agency shall together
    establish quantifiable goals to increase workforce
    flexibility in each department or agency. To authorize in
    every department or agency subject to Jurisdiction C the
    use of flexible hours positions. A flexible hours position
    is one that does not require an ordinary work schedule as
    determined by the Department and includes, but is not
    limited to: (1) 1) a part time job of 20 hours or more per
    week, (2) 2) a job which is shared by 2 employees or a
    compressed work week consisting of an ordinary number of
    working hours performed on fewer than the number of days
    ordinarily required to perform that job. The Department
    may define flexible time to include other types of jobs
    that are defined above.
        The Director and the director of each department or
    agency shall together establish goals for flexible hours
    positions to be available in every department or agency.
        The Department shall give technical assistance to
    departments and agencies in achieving their goals, and
    shall report to the Governor and the General Assembly each
    year on the progress of each department and agency.
        When a goal of 10% of the positions in a department or
    agency being available on a flexible hours basis has been
    reached, the Department shall evaluate the effectiveness
    and efficiency of the program and determine whether to
    expand the number of positions available for flexible
    hours to 20%.
        When a goal of 20% of the positions in a department or
    agency being available on a flexible hours basis has been
    reached, the Department shall evaluate the effectiveness
    and efficiency of the program and determine whether to
    expand the number of positions available for flexible
    hours.
        (14) To perform any other lawful acts which he may
    consider necessary or desirable to carry out the purposes
    and provisions of this Code law.
    (15) When a vacancy rate is greater than or equal to 10%
for a given position, the Department shall review the
educational and other requirements for the position to
determine if modifications need to be made.
    The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-952, eff. 1-1-23; 103-108, eff. 6-27-23;
revised 9-20-23.)
 
    Section 70. The Children and Family Services Act is
amended by changing Sections 5, 5d, 7.4, 17, and 21 as follows:
 
    (20 ILCS 505/5)
    Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
    (a) For purposes of this Section:
        (1) "Children" means persons found within the State
    who are under the age of 18 years. The term also includes
    persons under age 21 who:
            (A) were committed to the Department pursuant to
        the Juvenile Court Act or the Juvenile Court Act of
        1987 and who continue under the jurisdiction of the
        court; or
            (B) were accepted for care, service and training
        by the Department prior to the age of 18 and whose best
        interest in the discretion of the Department would be
        served by continuing that care, service and training
        because of severe emotional disturbances, physical
        disability, social adjustment or any combination
        thereof, or because of the need to complete an
        educational or vocational training program.
        (2) "Homeless youth" means persons found within the
    State who are under the age of 19, are not in a safe and
    stable living situation and cannot be reunited with their
    families.
        (3) "Child welfare services" means public social
    services which are directed toward the accomplishment of
    the following purposes:
            (A) protecting and promoting the health, safety
        and welfare of children, including homeless,
        dependent, or neglected children;
            (B) remedying, or assisting in the solution of
        problems which may result in, the neglect, abuse,
        exploitation, or delinquency of children;
            (C) preventing the unnecessary separation of
        children from their families by identifying family
        problems, assisting families in resolving their
        problems, and preventing the breakup of the family
        where the prevention of child removal is desirable and
        possible when the child can be cared for at home
        without endangering the child's health and safety;
            (D) restoring to their families children who have
        been removed, by the provision of services to the
        child and the families when the child can be cared for
        at home without endangering the child's health and
        safety;
            (E) placing children in suitable permanent family
        arrangements, through guardianship or adoption, in
        cases where restoration to the birth family is not
        safe, possible, or appropriate;
            (F) at the time of placement, conducting
        concurrent planning, as described in subsection (l-1)
        of this Section, so that permanency may occur at the
        earliest opportunity. Consideration should be given so
        that if reunification fails or is delayed, the
        placement made is the best available placement to
        provide permanency for the child;
            (G) (blank);
            (H) (blank); and
            (I) placing and maintaining children in facilities
        that provide separate living quarters for children
        under the age of 18 and for children 18 years of age
        and older, unless a child 18 years of age is in the
        last year of high school education or vocational
        training, in an approved individual or group treatment
        program, in a licensed shelter facility, or secure
        child care facility. The Department is not required to
        place or maintain children:
                (i) who are in a foster home, or
                (ii) who are persons with a developmental
            disability, as defined in the Mental Health and
            Developmental Disabilities Code, or
                (iii) who are female children who are
            pregnant, pregnant and parenting, or parenting, or
                (iv) who are siblings, in facilities that
            provide separate living quarters for children 18
            years of age and older and for children under 18
            years of age.
    (b) (Blank).
    (b-5) The Department shall adopt rules to establish a
process for all licensed residential providers in Illinois to
submit data as required by the Department, if they contract or
receive reimbursement for children's mental health, substance
use, and developmental disability services from the Department
of Human Services, the Department of Juvenile Justice, or the
Department of Healthcare and Family Services. The requested
data must include, but is not limited to, capacity, staffing,
and occupancy data for the purpose of establishing State need
and placement availability.
    All information collected, shared, or stored pursuant to
this subsection shall be handled in accordance with all State
and federal privacy laws and accompanying regulations and
rules, including without limitation the federal Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191) and the Mental Health and Developmental
Disabilities Confidentiality Act.
    (c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract
or the remaining months of the fiscal year, whichever is less,
and the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies
for child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
    (e) (Blank).
    (f) (Blank).
    (g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including, but not limited
to:
        (1) adoption;
        (2) foster care;
        (3) family counseling;
        (4) protective services;
        (5) (blank);
        (6) homemaker service;
        (7) return of runaway children;
        (8) (blank);
        (9) placement under Section 5-7 of the Juvenile Court
    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
    Court Act of 1987 in accordance with the federal Adoption
    Assistance and Child Welfare Act of 1980; and
        (10) interstate services.
    Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance
use disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor
to the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
    (h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
    (i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
        (1) case management;
        (2) homemakers;
        (3) counseling;
        (4) parent education;
        (5) day care; and
        (6) emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
        (1) comprehensive family-based services;
        (2) assessments;
        (3) respite care; and
        (4) in-home health services.
    The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
    (j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were
youth in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the
child's adoptive parents died and ending with the finalization
of the new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
    The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
    Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
    (j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
    (k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
    (l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and
Neglected Child Reporting Act, to help families, including
adoptive and extended families. Family preservation services
shall be offered (i) to prevent the placement of children in
substitute care when the children can be cared for at home or
in the custody of the person responsible for the children's
welfare, (ii) to reunite children with their families, or
(iii) to maintain an adoptive placement. Family preservation
services shall only be offered when doing so will not endanger
the children's health or safety. With respect to children who
are in substitute care pursuant to the Juvenile Court Act of
1987, family preservation services shall not be offered if a
goal other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
    The Department shall notify the child and the child's
family of the Department's responsibility to offer and provide
family preservation services as identified in the service
plan. The child and the child's family shall be eligible for
services as soon as the report is determined to be
"indicated". The Department may offer services to any child or
family with respect to whom a report of suspected child abuse
or neglect has been filed, prior to concluding its
investigation under Section 7.12 of the Abused and Neglected
Child Reporting Act. However, the child's or family's
willingness to accept services shall not be considered in the
investigation. The Department may also provide services to any
child or family who is the subject of any report of suspected
child abuse or neglect or may refer such child or family to
services available from other agencies in the community, even
if the report is determined to be unfounded, if the conditions
in the child's or family's home are reasonably likely to
subject the child or family to future reports of suspected
child abuse or neglect. Acceptance of such services shall be
voluntary. The Department may also provide services to any
child or family after completion of a family assessment, as an
alternative to an investigation, as provided under the
"differential response program" provided for in subsection
(a-5) of Section 7.4 of the Abused and Neglected Child
Reporting Act.
    The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. An independent basis
exists when the allegations or adjudication of abuse, neglect,
or dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to
attend any hearing involving a youth in the care and custody of
the Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
    As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and
stress of caring for a child who has been diagnosed with a
pervasive developmental disorder if the Department determines
that those services are necessary to ensure the health and
safety of the child. The Department may offer services to any
family whether or not a report has been filed under the Abused
and Neglected Child Reporting Act. The Department may refer
the child or family to services available from other agencies
in the community if the conditions in the child's or family's
home are reasonably likely to subject the child or family to
future reports of suspected child abuse or neglect. Acceptance
of these services shall be voluntary. The Department shall
develop and implement a public information campaign to alert
health and social service providers and the general public
about these special family preservation services. The nature
and scope of the services offered and the number of families
served under the special program implemented under this
paragraph shall be determined by the level of funding that the
Department annually allocates for this purpose. The term
"pervasive developmental disorder" under this paragraph means
a neurological condition, including, but not limited to,
Asperger's Syndrome and autism, as defined in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
    (l-1) The General Assembly recognizes that the best
interests of the child require that the child be placed in the
most permanent living arrangement as soon as is practically
possible. To achieve this goal, the General Assembly directs
the Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
    When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
    When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
    A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
    The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
        (1) the likelihood of prompt reunification;
        (2) the past history of the family;
        (3) the barriers to reunification being addressed by
    the family;
        (4) the level of cooperation of the family;
        (5) the foster parents' willingness to work with the
    family to reunite;
        (6) the willingness and ability of the foster family
    to provide an adoptive home or long-term placement;
        (7) the age of the child;
        (8) placement of siblings.
    (m) The Department may assume temporary custody of any
child if:
        (1) it has received a written consent to such
    temporary custody signed by the parents of the child or by
    the parent having custody of the child if the parents are
    not living together or by the guardian or custodian of the
    child if the child is not in the custody of either parent,
    or
        (2) the child is found in the State and neither a
    parent, guardian nor custodian of the child can be
    located.
If the child is found in the child's residence without a
parent, guardian, custodian, or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian, or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until a
relative enters the home and is willing and able to ensure the
child's health and safety and assume charge of the child until
a parent, guardian, or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987, shall have the
authority, responsibilities and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3 of
the Juvenile Court Act of 1987.
    The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
    A parent, guardian, or custodian of a child in the
temporary custody of the Department who would have custody of
the child if the child were not in the temporary custody of the
Department may deliver to the Department a signed request that
the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for
10 days after the receipt of the request, during which period
the Department may cause to be filed a petition pursuant to the
Juvenile Court Act of 1987. If a petition is so filed, the
Department shall retain temporary custody of the child until
the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the
custody of the requesting parent, guardian, or custodian not
later than the expiration of the 10-day period, at which time
the authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
    (m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the
Director or the Director's designate prior to admission to the
facility subject to Section 2-27.1 of the Juvenile Court Act
of 1987. This subsection (m-1) does not apply to a child who is
subject to placement in a correctional facility operated
pursuant to Section 3-15-2 of the Unified Code of Corrections,
unless the child is a youth in care who was placed in the care
of the Department before being subject to placement in a
correctional facility and a court of competent jurisdiction
has ordered placement of the child in a secure care facility.
    (n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for board,
clothing, care, training and supervision of any child placed
in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training, and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical disability,
social adjustment, or any combination thereof and suitable
facilities for the placement of such children are not
available at payment rates within the limitations set forth in
this Section. All reimbursements for services delivered shall
be absolutely inalienable by assignment, sale, attachment, or
garnishment or otherwise.
    (n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services
under this Section through the Department of Children and
Family Services or by referral from the Department of Human
Services. Youth participating in services under this Section
shall cooperate with the assigned case manager in developing
an agreement identifying the services to be provided and how
the youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan.
The Department of Children and Family Services shall create
clear, readable notice of the rights of former foster youth to
child welfare services under this Section and how such
services may be obtained. The Department of Children and
Family Services and the Department of Human Services shall
disseminate this information statewide. The Department shall
adopt regulations describing services intended to assist
minors in achieving sustainable self-sufficiency as
independent adults.
    (o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the Department.
Youth in care who are placed by private child welfare
agencies, and foster families with whom those youth are
placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
ensure that any private child welfare agency, which accepts
youth in care for placement, affords those rights to children
and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made
by (i) a child or foster family concerning a decision
following an initial review by a private child welfare agency
or (ii) a prospective adoptive parent who alleges a violation
of subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner. A court determination that a
current foster home placement is necessary and appropriate
under Section 2-28 of the Juvenile Court Act of 1987 does not
constitute a judicial determination on the merits of an
administrative appeal, filed by a former foster parent,
involving a change of placement decision.
    (p) (Blank).
    (q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation, or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department, except that the benefits described in Section
5.46 must be used and conserved consistent with the provisions
under Section 5.46.
    The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for
Veterans' Benefits, Social Security benefits, assistance
allotments from the armed forces, court ordered payments,
parental voluntary payments, Supplemental Security Income,
Railroad Retirement payments, Black Lung benefits, or other
miscellaneous payments. Interest earned by each account shall
be credited to the account, unless disbursed in accordance
with this subsection.
    In disbursing funds from children's accounts, the
Department shall:
        (1) Establish standards in accordance with State and
    federal laws for disbursing money from children's
    accounts. In all circumstances, the Department's
    Guardianship Administrator or the Guardianship
    Administrator's designee must approve disbursements from
    children's accounts. The Department shall be responsible
    for keeping complete records of all disbursements for each
    account for any purpose.
        (2) Calculate on a monthly basis the amounts paid from
    State funds for the child's board and care, medical care
    not covered under Medicaid, and social services; and
    utilize funds from the child's account, as covered by
    regulation, to reimburse those costs. Monthly,
    disbursements from all children's accounts, up to 1/12 of
    $13,000,000, shall be deposited by the Department into the
    General Revenue Fund and the balance over 1/12 of
    $13,000,000 into the DCFS Children's Services Fund.
        (3) Maintain any balance remaining after reimbursing
    for the child's costs of care, as specified in item (2).
    The balance shall accumulate in accordance with relevant
    State and federal laws and shall be disbursed to the child
    or the child's guardian, or to the issuing agency.
    (r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all persons
who have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names
of such children who have not been placed for adoption. A list
of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and
of the child.
    (s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for
such purposes.
    (t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
        (1) an order entered by an Illinois court specifically
    directs the Department to perform such services; and
        (2) the court has ordered one or both of the parties to
    the proceeding to reimburse the Department for its
    reasonable costs for providing such services in accordance
    with Department rules, or has determined that neither
    party is financially able to pay.
    The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
    (u) In addition to other information that must be
provided, whenever the Department places a child with a
prospective adoptive parent or parents, in a licensed foster
home, group home, or child care institution, or in a relative
home, the Department shall provide to the prospective adoptive
parent or parents or other caretaker:
        (1) available detailed information concerning the
    child's educational and health history, copies of
    immunization records (including insurance and medical card
    information), a history of the child's previous
    placements, if any, and reasons for placement changes
    excluding any information that identifies or reveals the
    location of any previous caretaker;
        (2) a copy of the child's portion of the client
    service plan, including any visitation arrangement, and
    all amendments or revisions to it as related to the child;
    and
        (3) information containing details of the child's
    individualized educational plan when the child is
    receiving special education services.
    The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
    The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker
shall be reviewed and approved regarding accuracy at the
supervisory level.
    (u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
    (v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Illinois State Police Law if the Department determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
Department shall provide for interactive computerized
communication and processing equipment that permits direct
on-line communication with the Illinois State Police's central
criminal history data repository. The Department shall comply
with all certification requirements and provide certified
operators who have been trained by personnel from the Illinois
State Police. In addition, one Office of the Inspector General
investigator shall have training in the use of the criminal
history information access system and have access to the
terminal. The Department of Children and Family Services and
its employees shall abide by rules and regulations established
by the Illinois State Police relating to the access and
dissemination of this information.
    (v-1) Prior to final approval for placement of a child,
the Department shall conduct a criminal records background
check of the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted
if the record check reveals a felony conviction for child
abuse or neglect, for spousal abuse, for a crime against
children, or for a crime involving violence, including rape,
sexual assault, or homicide, but not including other physical
assault or battery, or if there is a felony conviction for
physical assault, battery, or a drug-related offense committed
within the past 5 years.
    (v-2) Prior to final approval for placement of a child,
the Department shall check its child abuse and neglect
registry for information concerning prospective foster and
adoptive parents, and any adult living in the home. If any
prospective foster or adoptive parent or other adult living in
the home has resided in another state in the preceding 5 years,
the Department shall request a check of that other state's
child abuse and neglect registry.
    (w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean 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. The plan shall
include descriptions of the types of facilities that are
needed in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
    (x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
    (y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
    (z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit the employee's
or applicant's fingerprints to the Illinois State Police in
the form and manner prescribed by the Illinois State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State Police
and the Federal Bureau of Investigation criminal history
records databases. The Illinois State Police shall charge a
fee for conducting the criminal history record check, which
shall be deposited into the State Police Services Fund and
shall not exceed the actual cost of the record check. The
Illinois State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
    For purposes of this subsection:
    "Background information" means all of the following:
        (i) Upon the request of the Department of Children and
    Family Services, conviction information obtained from the
    Illinois State Police as a result of a fingerprint-based
    criminal history records check of the Illinois criminal
    history records database and the Federal Bureau of
    Investigation criminal history records database concerning
    a Department employee or Department applicant.
        (ii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Illinois State Police's Sex Offender Database, as
    authorized by Section 120 of the Sex Offender Community
    Notification Law, concerning a Department employee or
    Department applicant.
        (iii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Child Abuse and Neglect Tracking System (CANTS)
    operated and maintained by the Department.
    "Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
    "Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
 
    (20 ILCS 505/5d)
    Sec. 5d. The Direct Child Welfare Service Employee License
Board.
    (a) For purposes of this Section:
        (1) "Board" means the Direct Child Welfare Service
    Employee License Board.
        (2) "Director" means the Director of Children and
    Family Services.
    (b) The Direct Child Welfare Service Employee License
Board is created within the Department of Children and Family
Services and shall consist of 9 members appointed by the
Director. The Director shall annually designate a chairperson
and vice-chairperson of the Board. The membership of the Board
must be composed as follows: (i) 5 licensed professionals from
the field of human services with a human services, juris
doctor, medical, public administration, or other relevant
human services degree and who are in good standing within
their profession, at least 2 of which must be employed in the
private not-for-profit sector and at least one of which in the
public sector; (ii) 2 faculty members of an accredited
university who have child welfare experience and are in good
standing within their profession; and (iii) 2 members of the
general public who are not licensed under this Act or a similar
rule and will represent consumer interests.
    In making the first appointments, the Director shall
appoint 3 members to serve for a term of one year, 3 members to
serve for a term of 2 years, and 3 members to serve for a term
of 3 years, or until their successors are appointed and
qualified. Their successors shall be appointed to serve 3-year
terms, or until their successors are appointed and qualified.
Appointments to fill unexpired vacancies shall be made in the
same manner as original appointments. No member may be
reappointed if a reappointment would cause that member to
serve on the Board for longer than 6 consecutive years. Board
membership must have reasonable representation from different
geographic areas of Illinois, and all members must be
residents of this State.
    The Director may terminate the appointment of any member
for good cause, including, but not limited to: (i) unjustified
absences from Board meetings or other failure to meet Board
responsibilities, (ii) failure to recuse oneself when required
by subsection (c) of this Section or Department rule, or (iii)
failure to maintain the professional position required by
Department rule. No member of the Board may have a pending or
indicated report of child abuse or neglect or a pending
complaint or criminal conviction of any of the offenses set
forth in paragraph (b) of Section 4.2 of the Child Care Act of
1969.
    The members of the Board shall receive no compensation for
the performance of their duties as members, but each member
shall be reimbursed for the member's reasonable and necessary
expenses incurred in attending the meetings of the Board.
    (c) The Board shall make recommendations to the Director
regarding licensure rules. Board members must recuse
themselves from sitting on any matter involving an employee of
a child welfare agency at which the Board member is an employee
or contractual employee. The Board shall make a final
determination concerning revocation, suspension, or
reinstatement of an employee's direct child welfare service
license after a hearing conducted under the Department's
rules. Upon notification of the manner of the vote to all the
members, votes on a final determination may be cast in person,
by telephonic or electronic means, or by mail at the
discretion of the chairperson. A simple majority of the
members appointed and serving is required when Board members
vote by mail or by telephonic or electronic means. A majority
of the currently appointed and serving Board members
constitutes a quorum. A majority of a quorum is required when a
recommendation is voted on during a Board meeting. A vacancy
in the membership of the Board shall not impair the right of a
quorum to perform all the duties of the Board. Board members
are not personally liable in any action based upon a
disciplinary proceeding or otherwise for any action taken in
good faith as a member of the Board.
    (d) The Director may assign Department employees to
provide staffing services to the Board. The Department must
promulgate any rules necessary to implement and administer the
requirements of this Section.
(Source: P.A. 102-45, eff. 1-1-22; 103-22, eff. 8-8-23;
revised 9-25-23.)
 
    (20 ILCS 505/7.4)
    Sec. 7.4. Development and preservation of sibling
relationships for children in care; placement of siblings;
contact among siblings placed apart.
    (a) Purpose and policy. The General Assembly recognizes
that sibling relationships are unique and essential for a
person, but even more so for children who are removed from the
care of their families and placed in the State child welfare
system. When family separation occurs through State
intervention, every effort must be made to preserve, support,
and nurture sibling relationships when doing so is in the best
interest of each sibling. It is in the interests of foster
children who are part of a sibling group to enjoy contact with
one another, as long as the contact is in each child's best
interest. This is true both while the siblings are in State
care and after one or all of the siblings leave State care
through adoption, guardianship, or aging out.
    (b) Definitions. For purposes of this Section:
        (1) Whenever a best interest determination is required
    by this Section, the Department shall consider the factors
    set out in subsection (4.05) of Section 1-3 of the
    Juvenile Court Act of 1987 and the Department's rules
    regarding Sibling Placement, 89 Ill. Adm. Code 301.70, and
    Sibling Visitation, 89 Ill. Adm. Code 301.220, and the
    Department's rules regarding Placement Selection Criteria,
    89 Ill. Adm. Code 301.60.
        (2) "Adopted child" means a child who, immediately
    preceding the adoption, was in the custody or guardianship
    of the Illinois Department of Children and Family Services
    under Article II of the Juvenile Court Act of 1987.
        (3) "Adoptive parent" means a person who has become a
    parent through the legal process of adoption.
        (4) "Child" means a person in the temporary custody or
    guardianship of the Department who is under the age of 21.
        (5) "Child placed in private guardianship" means a
    child who, immediately preceding the guardianship, was in
    the custody or guardianship of the Illinois Department of
    Children and Family Services under Article II of the
    Juvenile Court Act of 1987.
        (6) "Contact" may include, but is not limited to,
    visits, telephone calls, letters, sharing of photographs
    or information, e-mails, video conferencing, and other
    forms form of communication or contact.
        (7) "Legal guardian" means a person who has become the
    legal guardian of a child who, immediately prior to the
    guardianship, was in the custody or guardianship of the
    Illinois Department of Children and Family Services under
    Article II of the Juvenile Court Act of 1987.
        (8) "Parent" means the child's mother or father who is
    named as the respondent in proceedings conducted under
    Article II of the Juvenile Court Act of 1987.
        (9) "Post Permanency Sibling Contact" means contact
    between siblings following the entry of a Judgment Order
    for Adoption under Section 14 of the Adoption Act
    regarding at least one sibling or an Order for
    Guardianship appointing a private guardian under Section
    2-27 of or the Juvenile Court Act of 1987, regarding at
    least one sibling. Post Permanency Sibling Contact may
    include, but is not limited to, visits, telephone calls,
    letters, sharing of photographs or information, emails,
    video conferencing, and other forms of communication or
    connection agreed to by the parties to a Post Permanency
    Sibling Contact Agreement.
        (10) "Post Permanency Sibling Contact Agreement" means
    a written agreement between the adoptive parent or
    parents, the child, and the child's sibling regarding post
    permanency contact between the adopted child and the
    child's sibling, or a written agreement between the legal
    guardians, the child, and the child's sibling regarding
    post permanency contact between the child placed in
    guardianship and the child's sibling. The Post Permanency
    Sibling Contact Agreement may specify the nature and
    frequency of contact between the adopted child or child
    placed in guardianship and the child's sibling following
    the entry of the Judgment Order for Adoption or Order for
    Private Guardianship. The Post Permanency Sibling Contact
    Agreement may be supported by services as specified in
    this Section. The Post Permanency Sibling Contact
    Agreement is voluntary on the part of the parties to the
    Post Permanency Sibling Contact Agreement and is not a
    requirement for finalization of the child's adoption or
    guardianship. The Post Permanency Sibling Contract
    Agreement shall not be enforceable in any court of law or
    administrative forum and no cause of action shall be
    brought to enforce the Agreement. When entered into, the
    Post Permanency Sibling Contact Agreement shall be placed
    in the child's Post Adoption or Guardianship case record
    and in the case file of a sibling who is a party to the
    agreement and who remains in the Department's custody or
    guardianship.
        (11) "Sibling Contact Support Plan" means a written
    document that sets forth the plan for future contact
    between siblings who are in the Department's care and
    custody and residing separately. The goal of the Support
    Plan is to develop or preserve and nurture the siblings'
    relationships. The Support Plan shall set forth the role
    of the foster parents, caregivers, and others in
    implementing the Support Plan. The Support Plan must meet
    the minimum standards regarding frequency of in-person
    visits provided for in Department rule.
        (12) "Siblings" means children who share at least one
    parent in common. This definition of siblings applies
    solely for purposes of placement and contact under this
    Section. For purposes of this Section, children who share
    at least one parent in common continue to be siblings
    after their parent's parental rights are terminated, if
    parental rights were terminated while a petition under
    Article II of the Juvenile Court Act of 1987 was pending.
    For purposes of this Section, children who share at least
    one parent in common continue to be siblings after a
    sibling is adopted or placed in private guardianship when
    the adopted child or child placed in private guardianship
    was in the Department's custody or guardianship under
    Article II of the Juvenile Court Act of 1987 immediately
    prior to the adoption or private guardianship. For
    children who have been in the guardianship of the
    Department under Article II of the Juvenile Court Act of
    1987, have been adopted, and are subsequently returned to
    the temporary custody or guardianship of the Department
    under Article II of the Juvenile Court Act of 1987,
    "siblings" includes a person who would have been
    considered a sibling prior to the adoption and siblings
    through adoption.
    (c) No later than January 1, 2013, the Department shall
promulgate rules addressing the development and preservation
of sibling relationships. The rules shall address, at a
minimum:
        (1) Recruitment, licensing, and support of foster
    parents willing and capable of either fostering sibling
    groups or supporting and being actively involved in
    planning and executing sibling contact for siblings placed
    apart. The rules shall address training for foster
    parents, licensing workers, placement workers, and others
    as deemed necessary.
        (2) Placement selection for children who are separated
    from their siblings and how to best promote placements of
    children with foster parents or programs that can meet the
    children's needs, including the need to develop and
    maintain contact with siblings.
        (3) State-supported guidance to siblings who have aged
    out of State state care regarding positive engagement with
    siblings.
        (4) Implementation of Post Permanency Sibling Contact
    Agreements for children exiting State care, including
    services offered by the Department to encourage and assist
    parties in developing agreements, services offered by the
    Department post permanency to support parties in
    implementing and maintaining agreements, and including
    services offered by the Department post permanency to
    assist parties in amending agreements as necessary to meet
    the needs of the children.
        (5) Services offered by the Department for children
    who exited foster care prior to the availability of Post
    Permanency Sibling Contact Agreements, to invite willing
    parties to participate in a facilitated discussion,
    including, but not limited to, a mediation or joint team
    decision-making meeting, to explore sibling contact.
    (d) The Department shall develop a form to be provided to
youth entering care and exiting care explaining their rights
and responsibilities related to sibling visitation while in
care and post permanency.
    (e) Whenever a child enters care or requires a new
placement, the Department shall consider the development and
preservation of sibling relationships.
        (1) This subsection applies when a child entering care
    or requiring a change of placement has siblings who are in
    the custody or guardianship of the Department. When a
    child enters care or requires a new placement, the
    Department shall examine its files and other available
    resources and determine whether a sibling of that child is
    in the custody or guardianship of the Department. If the
    Department determines that a sibling is in its custody or
    guardianship, the Department shall then determine whether
    it is in the best interests of each of the siblings for the
    child needing placement to be placed with the sibling. If
    the Department determines that it is in the best interest
    of each sibling to be placed together, and the sibling's
    foster parent is able and willing to care for the child
    needing placement, the Department shall place the child
    needing placement with the sibling. A determination that
    it is not in a child's best interest to be placed with a
    sibling shall be made in accordance with Department rules,
    and documented in the file of each sibling.
        (2) This subsection applies when a child who is
    entering care has siblings who have been adopted or placed
    in private guardianship. When a child enters care, the
    Department shall examine its files and other available
    resources, including consulting with the child's parents,
    to determine whether a sibling of the child was adopted or
    placed in private guardianship from State care. The
    Department shall determine, in consultation with the
    child's parents, whether it would be in the child's best
    interests to explore placement with the adopted sibling or
    sibling in guardianship. Unless the parent objects, if the
    Department determines it is in the child's best interest
    to explore the placement, the Department shall contact the
    adoptive parents or guardians of the sibling, determine
    whether they are willing to be considered as placement
    resources for the child, and, if so, determine whether it
    is in the best interests of the child to be placed in the
    home with the sibling. If the Department determines that
    it is in the child's best interests to be placed in the
    home with the sibling, and the sibling's adoptive parents
    or guardians are willing and capable, the Department shall
    make the placement. A determination that it is not in a
    child's best interest to be placed with a sibling shall be
    made in accordance with Department rule, and documented in
    the child's file.
        (3) This subsection applies when a child in Department
    custody or guardianship requires a change of placement,
    and the child has siblings who have been adopted or placed
    in private guardianship. When a child in care requires a
    new placement, the Department may consider placing the
    child with the adoptive parent or guardian of a sibling
    under the same procedures and standards set forth in
    paragraph (2) of this subsection.
        (4) When the Department determines it is not in the
    best interest of one or more siblings to be placed
    together the Department shall ensure that the child
    requiring placement is placed in a home or program where
    the caregiver is willing and able to be actively involved
    in supporting the sibling relationship to the extent doing
    so is in the child's best interest.
    (f) When siblings in care are placed in separate
placements, the Department shall develop a Sibling Contact
Support Plan. The Department shall convene a meeting to
develop the Support Plan. The meeting shall include, at a
minimum, the case managers for the siblings, the foster
parents or other care providers if a child is in a non-foster
home placement and the child, when developmentally and
clinically appropriate. The Department shall make all
reasonable efforts to promote the participation of the foster
parents. Parents whose parental rights are intact shall be
invited to the meeting. Others, such as therapists and
mentors, shall be invited as appropriate. The Support Plan
shall set forth future contact and visits between the siblings
to develop or preserve, and nurture the siblings'
relationships. The Support Plan shall set forth the role of
the foster parents and caregivers and others in implementing
the Support Plan. The Support Plan must meet the minimum
standards regarding frequency of in-person visits provided for
in Department rule. The Support Plan will be incorporated in
the child's service plan and reviewed at each administrative
case review. The Support Plan should be modified if one of the
children moves to a new placement, or as necessary to meet the
needs of the children. The Sibling Contact Support Plan for a
child in care may include siblings who are not in the care of
the Department, with the consent and participation of that
child's parent or guardian.
    (g) By January 1, 2013, the Department shall develop a
registry so that placement information regarding adopted
siblings and siblings in private guardianship is readily
available to Department and private agency caseworkers
responsible for placing children in the Department's care.
When a child is adopted or placed in private guardianship from
foster care the Department shall inform the adoptive parents
or guardians that they may be contacted in the future
regarding placement of or contact with siblings subsequently
requiring placement.
    (h) When a child is in need of an adoptive placement, the
Department shall examine its files and other available
resources and attempt to determine whether a sibling of the
child has been adopted or placed in private guardianship after
being in the Department's custody or guardianship. If the
Department determines that a sibling of the child has been
adopted or placed in private guardianship, the Department
shall make a good faith effort to locate the adoptive parents
or guardians of the sibling and inform them of the
availability of the child for adoption. The Department may
determine not to inform the adoptive parents or guardians of a
sibling of a child that the child is available for adoption
only for a reason permitted under criteria adopted by the
Department by rule, and documented in the child's case file.
If a child available for adoption has a sibling who has been
adopted or placed in guardianship, and the adoptive parents or
guardians of that sibling apply to adopt the child, the
Department shall consider them as adoptive applicants for the
adoption of the child. The Department's final decision as to
whether it will consent to the adoptive parents or guardians
of a sibling being the adoptive parents of the child shall be
based upon the welfare and best interest of the child. In
arriving at its decision, the Department shall consider all
relevant factors, including, but not limited to:
        (1) the wishes of the child;
        (2) the interaction and interrelationship of the child
    with the applicant to adopt the child;
        (3) the child's need for stability and continuity of
    relationship with parent figures;
        (4) the child's adjustment to the child's present
    home, school, and community;
        (5) the mental and physical health of all individuals
    involved;
        (6) the family ties between the child and the child's
    relatives, including siblings;
        (7) the background, age, and living arrangements of
    the applicant to adopt the child;
        (8) a criminal background report of the applicant to
    adopt the child.
    If placement of the child available for adoption with the
adopted sibling or sibling in private guardianship is not
feasible, but it is in the child's best interest to develop a
relationship with the child's sibling, the Department shall
invite the adoptive parents, guardian, or guardians for a
mediation or joint team decision-making meeting to facilitate
a discussion regarding future sibling contact.
    (i) Post Permanency Sibling Contact Agreement. When a
child in the Department's care has a permanency goal of
adoption or private guardianship, and the Department is
preparing to finalize the adoption or guardianship, the
Department shall convene a meeting with the pre-adoptive
parent or prospective guardian and the case manager for the
child being adopted or placed in guardianship and the foster
parents and case managers for the child's siblings, and others
as applicable. The children should participate as is
developmentally appropriate. Others, such as therapists and
mentors, may participate as appropriate. At the meeting the
Department shall encourage the parties to discuss sibling
contact post permanency. The Department may assist the parties
in drafting a Post Permanency Sibling Contact Agreement.
        (1) Parties to the Post Permanency Sibling Contact
    Agreement shall include:
            (A) The adoptive parent or parents or guardian.
            (B) The child's sibling or siblings, parents, or
        guardians.
            (C) The child.
        (2) Consent of child 14 and over. The written consent
    of a child age 14 and over to the terms and conditions of
    the Post Permanency Sibling Contact Agreement and
    subsequent modifications is required.
        (3) In developing this Agreement, the Department shall
    encourage the parties to consider the following factors:
            (A) the physical and emotional safety and welfare
        of the child;
            (B) the child's wishes;
            (C) the interaction and interrelationship of the
        child with the child's sibling or siblings who would
        be visiting or communicating with the child,
        including:
                (i) the quality of the relationship between
            the child and the sibling or siblings, and
                (ii) the benefits and potential harms to the
            child in allowing the relationship or
            relationships to continue or in ending them;
            (D) the child's sense of attachments to the birth
        sibling or siblings and adoptive family, including:
                (i) the child's sense of being valued;
                (ii) the child's sense of familiarity; and
                (iii) continuity of affection for the child;
            and
            (E) other factors relevant to the best interest of
        the child.
        (4) In considering the factors in paragraph (3) of
    this subsection, the Department shall encourage the
    parties to recognize the importance to a child of
    developing a relationship with siblings including siblings
    with whom the child does not yet have a relationship; and
    the value of preserving family ties between the child and
    the child's siblings, including:
            (A) the child's need for stability and continuity
        of relationships with siblings, and
            (B) the importance of sibling contact in the
        development of the child's identity.
        (5) Modification or termination of Post Permanency
    Sibling Contact Agreement. The parties to the agreement
    may modify or terminate the Post Permanency Sibling
    Contact Agreement. If the parties cannot agree to
    modification or termination, they may request the
    assistance of the Department of Children and Family
    Services or another agency identified and agreed upon by
    the parties to the Post Permanency Sibling Contact
    Agreement. Any and all terms may be modified by agreement
    of the parties. Post Permanency Sibling Contact Agreements
    may also be modified to include contact with siblings
    whose whereabouts were unknown or who had not yet been
    born when the Judgment Order for Adoption or Order for
    Private Guardianship was entered.
        (6) Adoptions and private guardianships finalized
    prior to August 24, 2012 (the effective date of Public Act
    97-1076) amendatory Act. Nothing in this Section prohibits
    the parties from entering into a Post Permanency Sibling
    Contact Agreement if the adoption or private guardianship
    was finalized prior to the effective date of this Section.
    If the Agreement is completed and signed by the parties,
    the Department shall include the Post Permanency Sibling
    Contact Agreement in the child's Post Adoption or Private
    Guardianship case record and in the case file of siblings
    who are parties to the agreement who are in the
    Department's custody or guardianship.
(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
revised 1-30-24.)
 
    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
    Sec. 17. Youth and Community Services Program. The
Department of Human Services shall develop a State program for
youth and community services which will assure that youth who
come into contact or may come into contact with either the
child welfare system or the juvenile justice system will have
access to needed community, prevention, diversion, emergency,
and independent living services. The term "youth" means a
person under the age of 19 years. The term "homeless youth"
means a youth who cannot be reunited with the youth's family
and is not in a safe and stable living situation. This Section
shall not be construed to require the Department of Human
Services to provide services under this Section to any
homeless youth who is at least 18 years of age but is younger
than 19 years of age; however, the Department may, in its
discretion, provide services under this Section to any such
homeless youth.
    (a) The goals of the program shall be to:
        (1) maintain children and youths in their own
    community;
        (2) eliminate unnecessary categorical funding of
    programs by funding more comprehensive and integrated
    programs;
        (3) encourage local volunteers and voluntary
    associations in developing programs aimed at preventing
    and controlling juvenile delinquency;
        (4) address voids in services and close service gaps;
        (5) develop program models aimed at strengthening the
    relationships between youth and their families and aimed
    at developing healthy, independent lives for homeless
    youth;
        (6) contain costs by redirecting funding to more
    comprehensive and integrated community-based services; and
        (7) coordinate education, employment, training and
    other programs for youths with other State agencies.
    (b) The duties of the Department under the program shall
be to:
        (1) design models for service delivery by local
    communities;
        (2) test alternative systems for delivering youth
    services;
        (3) develop standards necessary to achieve and
    maintain, on a statewide basis, more comprehensive and
    integrated community-based youth services;
        (4) monitor and provide technical assistance to local
    boards and local service systems;
        (5) assist local organizations in developing programs
    which address the problems of youths and their families
    through direct services, advocacy with institutions, and
    improvement of local conditions;
        (6) (blank); and
        (7) establish temporary emergency placements for youth
    in crisis as defined by the Children's Behavioral Health
    Transformation Team through comprehensive community-based
    youth services provider grants.
            (A) Temporary emergency placements:
                (i) must be licensed through the Department of
            Children and Family Services or, in the case of a
            foster home or host home, by the supervising child
            welfare agency;
                (ii) must be strategically situated to meet
            regional need and minimize geographic disruption
            in consultation with the Children's Behavioral
            Health Transformation Officer and the Children's
            Behavioral Health Transformation Team; and
                (iii) shall include Comprehensive
            Community-Based Youth Services program host homes,
            foster homes, homeless youth shelters, Department
            of Children and Family Services youth shelters, or
            other licensed placements for minor youth
            compliant with the Child Care Act of 1969 provided
            under the Comprehensive Community-Based Youth
            Services program.
            (B) Beginning on August 11, 2023 (the effective
        date of Public Act 103-546) this amendatory Act of the
        103rd General Assembly, once sufficient capacity has
        been developed, temporary emergency placements must
        also include temporary emergency placement shelters
        provided under the Comprehensive Community-Based Youth
        Services program. Temporary emergency placement
        shelters shall be managed by Comprehensive
        Community-Based Youth Services provider organizations
        and shall be available to house youth receiving
        interim 24/7 crisis intervention services as defined
        by the Juvenile Court Act of 1987 and the
        Comprehensive Community-Based Youth Services program
        grant and the Department, and shall provide access to
        clinical supports for youth while staying at the
        shelter.
            (C) Comprehensive Community-Based Youth Services
        organizations shall retain the sole authority to place
        youth in host homes and temporary emergency placement
        shelters provided under the Comprehensive
        Community-Based Youth Services program.
            (D) Crisis youth, as defined by the Children's
        Behavioral Health Transformation Team, shall be
        prioritized in temporary emergency placements.
            (E) Additional placement options may be authorized
        for crisis and non-crisis program youth with the
        permission of the youth's parent or legal guardian.
            (F) While in a temporary emergency placement, the
        organization shall work with the parent, guardian, or
        custodian to effectuate the youth's return home or to
        an alternative long-term living arrangement. As
        necessary, the agency or association shall also work
        with the youth's local school district, the
        Department, the Department of Human Services, the
        Department of Healthcare and Family Services, and the
        Department of Juvenile Justice to identify immediate
        and long-term services, treatment, or placement.
    Nothing in this Section shall be construed or applied in a
manner that would conflict with, diminish, or infringe upon,
any State agency's obligation to comply fully with
requirements imposed under a court order or State or federal
consent decree applicable to that agency.
(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23;
revised 8-28-23.)
 
    (20 ILCS 505/21)
    Sec. 21. Investigative powers; training.
    (a) To make such investigations as it may deem necessary
to the performance of its duties.
    (b) In the course of any such investigation any qualified
person authorized by the Director may administer oaths and
secure by its subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to
such investigation. Any person who is served with a subpoena
by the Department to appear and testify or to produce books and
papers, in the course of an investigation authorized by law,
and who refuses or neglects to appear, or to testify, or to
produce books and papers relevant to such investigation, as
commanded in such subpoena, shall be guilty of a Class B
misdemeanor. The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before the circuit
courts of this State. Any circuit court of this State, upon
application of the person requesting the hearing or the
Department, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony before
the Department or before any authorized officer or employee
thereof, by an attachment for contempt or otherwise, in the
same manner as production of evidence may be compelled before
such court. Every person who, having taken an oath or made
affirmation before the Department or any authorized officer or
employee thereof, shall willfully swear or affirm falsely,
shall be guilty of perjury and upon conviction shall be
punished accordingly.
    (c) Investigations initiated under this Section shall
provide individuals due process of law, including the right to
a hearing, to cross-examine witnesses, to obtain relevant
documents, and to present evidence. Administrative findings
shall be subject to the provisions of the Administrative
Review Law.
    (d) Beginning July 1, 1988, any child protective
investigator or supervisor or child welfare specialist or
supervisor employed by the Department on January 1, 1988 (the
effective date of Public Act 85-206) this amendatory Act of
1987 shall have completed a training program which shall be
instituted by the Department. The training program shall
include, but not be limited to, the following: (1) training in
the detection of symptoms of child neglect and drug abuse; (2)
specialized training for dealing with families and children of
drug abusers; and (3) specific training in child development,
family dynamics and interview techniques. Such program shall
conform to the criteria and curriculum developed under Section
4 of the Child Protective Investigator and Child Welfare
Specialist Certification Act of 1987. Failure to complete such
training due to lack of opportunity provided by the Department
shall in no way be grounds for any disciplinary or other action
against an investigator or a specialist.
    The Department shall develop a continuous inservice staff
development program and evaluation system. Each child
protective investigator and supervisor and child welfare
specialist and supervisor shall participate in such program
and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to
maintain certification.
    Any child protective investigator or child protective
supervisor, or child welfare specialist or child welfare
specialist supervisor hired by the Department who begins
actual employment after January 1, 1988 (the effective date of
Public Act 85-206) this amendatory Act of 1987, shall be
certified pursuant to the Child Protective Investigator and
Child Welfare Specialist Certification Act of 1987 before
beginning such employment. Nothing in this Act shall replace
or diminish the rights of employees under the Illinois Public
Labor Relations Act, as amended, or the National Labor
Relations Act. In the event of any conflict between either of
those Acts, or any collective bargaining agreement negotiated
thereunder, and the provisions of subsections (d) and (e), the
former shall prevail and control.
    (e) The Department shall develop and implement the
following:
        (1) A safety-based child welfare intervention system.
        (2) Related training procedures.
        (3) A standardized method for demonstration of
    proficiency in application of the safety-based child
    welfare intervention system.
        (4) An evaluation of the reliability and validity of
    the safety-based child welfare intervention system.
All child protective investigators and supervisors and child
welfare specialists and supervisors employed by the Department
or its contractors shall be required, subsequent to the
availability of training under this Act, to demonstrate
proficiency in application of the safety-based child welfare
intervention system previous to being permitted to make safety
decisions about the children for whom they are responsible.
The Department shall establish a multi-disciplinary advisory
committee appointed by the Director, including, but not
limited to, representatives from the fields of child
development, domestic violence, family systems, juvenile
justice, law enforcement, health care, mental health,
substance abuse, and social service to advise the Department
and its related contractors in the development and
implementation of the safety-based child welfare intervention
system, related training, method for demonstration of
proficiency in application of the safety-based child welfare
intervention system, and evaluation of the reliability and
validity of the safety-based child welfare intervention
system. The Department shall develop the safety-based child
welfare intervention system, training curriculum, method for
demonstration of proficiency in application of the
safety-based child welfare intervention system, and method for
evaluation of the reliability and validity of the safety-based
child welfare intervention system. Training and demonstration
of proficiency in application of the safety-based child
welfare intervention system for all child protective
investigators and supervisors and child welfare specialists
and supervisors shall be completed as soon as practicable. The
Department shall submit to the General Assembly on or before
December 31, 2026, and every year thereafter, an annual report
on the evaluation of the reliability and validity of the
safety-based child welfare intervention system. The Department
shall contract with a not-for-profit not for profit
organization with demonstrated expertise in the field of
safety-based child welfare intervention to assist in the
development and implementation of the safety-based child
welfare intervention system, related training, method for
demonstration of proficiency in application of the
safety-based child welfare intervention system, and evaluation
of the reliability and validity of the safety-based child
welfare intervention system.
    (f) The Department shall provide each parent or guardian
and responsible adult caregiver participating in a safety plan
a copy of the written safety plan as signed by each parent or
guardian and responsible adult caregiver and by a
representative of the Department. The Department shall also
provide each parent or guardian and responsible adult
caregiver safety plan information on their rights and
responsibilities that shall include, but need not be limited
to, information on how to obtain medical care, emergency phone
numbers, and information on how to notify schools or day care
providers as appropriate. The Department's representative
shall ensure that the safety plan is reviewed and approved by
the child protection supervisor.
(Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24;
revised 9-11-23.)
 
    Section 75. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by renumbering Section 1105 as follows:
 
    (20 ILCS 605/605-1103)
    (Section scheduled to be repealed on December 31, 2024)
    Sec. 605-1103 1105. Power price mitigation assistance.
Subject to appropriation from such funds made available, the
Department shall reimburse up to $200,000,000 to an eligible
electric utility serving adversely impacted residential and
small commercial customers pursuant to Section 16-107.7 of the
Public Utilities Act. This Section is repealed December 31,
2024.
(Source: P.A. 102-1123, eff. 1-27-23; revised 10-18-23.)
 
    Section 80. The Illinois Enterprise Zone Act is amended by
changing Section 5.5 as follows:
 
    (20 ILCS 655/5.5)  (from Ch. 67 1/2, par. 609.1)
    Sec. 5.5. High Impact Business.
    (a) In order to respond to unique opportunities to assist
in the encouragement, development, growth, and expansion of
the private sector through large scale investment and
development projects, the Department is authorized to receive
and approve applications for the designation of "High Impact
Businesses" in Illinois, for an initial term of 20 years with
an option for renewal for a term not to exceed 20 years,
subject to the following conditions:
        (1) such applications may be submitted at any time
    during the year;
        (2) such business is not located, at the time of
    designation, in an enterprise zone designated pursuant to
    this Act;
        (3) the business intends to do, commits to do, or is
    one or more of the following:
            (A) the business intends to make a minimum
        investment of $12,000,000 which will be placed in
        service in qualified property and intends to create
        500 full-time equivalent jobs at a designated location
        in Illinois or intends to make a minimum investment of
        $30,000,000 which will be placed in service in
        qualified property and intends to retain 1,500
        full-time retained jobs at a designated location in
        Illinois. The terms "placed in service" and "qualified
        property" have the same meanings as described in
        subsection (h) of Section 201 of the Illinois Income
        Tax Act; or
            (B) the business intends to establish a new
        electric generating facility at a designated location
        in Illinois. "New electric generating facility", for
        purposes of this Section, means a newly constructed
        electric generation plant or a newly constructed
        generation capacity expansion at an existing electric
        generation plant, including the transmission lines and
        associated equipment that transfers electricity from
        points of supply to points of delivery, and for which
        such new foundation construction commenced not sooner
        than July 1, 2001. Such facility shall be designed to
        provide baseload electric generation and shall operate
        on a continuous basis throughout the year; and (i)
        shall have an aggregate rated generating capacity of
        at least 1,000 megawatts for all new units at one site
        if it uses natural gas as its primary fuel and
        foundation construction of the facility is commenced
        on or before December 31, 2004, or shall have an
        aggregate rated generating capacity of at least 400
        megawatts for all new units at one site if it uses coal
        or gases derived from coal as its primary fuel and
        shall support the creation of at least 150 new
        Illinois coal mining jobs, or (ii) shall be funded
        through a federal Department of Energy grant before
        December 31, 2010 and shall support the creation of
        Illinois coal mining coal-mining jobs, or (iii) shall
        use coal gasification or integrated
        gasification-combined cycle units that generate
        electricity or chemicals, or both, and shall support
        the creation of Illinois coal mining coal-mining jobs.
        The term "placed in service" has the same meaning as
        described in subsection (h) of Section 201 of the
        Illinois Income Tax Act; or
            (B-5) the business intends to establish a new
        gasification facility at a designated location in
        Illinois. As used in this Section, "new gasification
        facility" means a newly constructed coal gasification
        facility that generates chemical feedstocks or
        transportation fuels derived from coal (which may
        include, but are not limited to, methane, methanol,
        and nitrogen fertilizer), that supports the creation
        or retention of Illinois coal mining coal-mining jobs,
        and that qualifies for financial assistance from the
        Department before December 31, 2010. A new
        gasification facility does not include a pilot project
        located within Jefferson County or within a county
        adjacent to Jefferson County for synthetic natural gas
        from coal; or
            (C) the business intends to establish production
        operations at a new coal mine, re-establish production
        operations at a closed coal mine, or expand production
        at an existing coal mine at a designated location in
        Illinois not sooner than July 1, 2001; provided that
        the production operations result in the creation of
        150 new Illinois coal mining jobs as described in
        subdivision (a)(3)(B) of this Section, and further
        provided that the coal extracted from such mine is
        utilized as the predominant source for a new electric
        generating facility. The term "placed in service" has
        the same meaning as described in subsection (h) of
        Section 201 of the Illinois Income Tax Act; or
            (D) the business intends to construct new
        transmission facilities or upgrade existing
        transmission facilities at designated locations in
        Illinois, for which construction commenced not sooner
        than July 1, 2001. For the purposes of this Section,
        "transmission facilities" means transmission lines
        with a voltage rating of 115 kilovolts or above,
        including associated equipment, that transfer
        electricity from points of supply to points of
        delivery and that transmit a majority of the
        electricity generated by a new electric generating
        facility designated as a High Impact Business in
        accordance with this Section. The term "placed in
        service" has the same meaning as described in
        subsection (h) of Section 201 of the Illinois Income
        Tax Act; or
            (E) the business intends to establish a new wind
        power facility at a designated location in Illinois.
        For purposes of this Section, "new wind power
        facility" means a newly constructed electric
        generation facility, a newly constructed expansion of
        an existing electric generation facility, or the
        replacement of an existing electric generation
        facility, including the demolition and removal of an
        electric generation facility irrespective of whether
        it will be replaced, placed in service or replaced on
        or after July 1, 2009, that generates electricity
        using wind energy devices, and such facility shall be
        deemed to include any permanent structures associated
        with the electric generation facility and all
        associated transmission lines, substations, and other
        equipment related to the generation of electricity
        from wind energy devices. For purposes of this
        Section, "wind energy device" means any device, with a
        nameplate capacity of at least 0.5 megawatts, that is
        used in the process of converting kinetic energy from
        the wind to generate electricity; or
            (E-5) the business intends to establish a new
        utility-scale solar facility at a designated location
        in Illinois. For purposes of this Section, "new
        utility-scale solar power facility" means a newly
        constructed electric generation facility, or a newly
        constructed expansion of an existing electric
        generation facility, placed in service on or after
        July 1, 2021, that (i) generates electricity using
        photovoltaic cells and (ii) has a nameplate capacity
        that is greater than 5,000 kilowatts, and such
        facility shall be deemed to include all associated
        transmission lines, substations, energy storage
        facilities, and other equipment related to the
        generation and storage of electricity from
        photovoltaic cells; or
            (F) the business commits to (i) make a minimum
        investment of $500,000,000, which will be placed in
        service in a qualified property, (ii) create 125
        full-time equivalent jobs at a designated location in
        Illinois, (iii) establish a fertilizer plant at a
        designated location in Illinois that complies with the
        set-back standards as described in Table 1: Initial
        Isolation and Protective Action Distances in the 2012
        Emergency Response Guidebook published by the United
        States Department of Transportation, (iv) pay a
        prevailing wage for employees at that location who are
        engaged in construction activities, and (v) secure an
        appropriate level of general liability insurance to
        protect against catastrophic failure of the fertilizer
        plant or any of its constituent systems; in addition,
        the business must agree to enter into a construction
        project labor agreement including provisions
        establishing wages, benefits, and other compensation
        for employees performing work under the project labor
        agreement at that location; for the purposes of this
        Section, "fertilizer plant" means a newly constructed
        or upgraded plant utilizing gas used in the production
        of anhydrous ammonia and downstream nitrogen
        fertilizer products for resale; for the purposes of
        this Section, "prevailing wage" means the hourly cash
        wages plus fringe benefits for training and
        apprenticeship programs approved by the U.S.
        Department of Labor, Bureau of Apprenticeship and
        Training, health and welfare, insurance, vacations and
        pensions paid generally, in the locality in which the
        work is being performed, to employees engaged in work
        of a similar character on public works; this paragraph
        (F) applies only to businesses that submit an
        application to the Department within 60 days after
        July 25, 2013 (the effective date of Public Act
        98-109); or
            (G) the business intends to establish a new
        cultured cell material food production facility at a
        designated location in Illinois. As used in this
        paragraph (G):
            "Cultured cell material food production facility"
        means a facility (i) at which cultured animal cell
        food is developed using animal cell culture
        technology, (ii) at which production processes occur
        that include the establishment of cell lines and cell
        banks, manufacturing controls, and all components and
        inputs, and (iii) that complies with all existing
        registrations, inspections, licensing, and approvals
        from all applicable and participating State and
        federal food agencies, including the Department of
        Agriculture, the Department of Public Health, and the
        United States Food and Drug Administration, to ensure
        that all food production is safe and lawful under
        provisions of the Federal Food, Drug and Cosmetic Act
        related to the development, production, and storage of
        cultured animal cell food.
            "New cultured cell material food production
        facility" means a newly constructed cultured cell
        material food production facility that is placed in
        service on or after June 7, 2023 (the effective date of
        Public Act 103-9) this amendatory Act of the 103rd
        General Assembly or a newly constructed expansion of
        an existing cultured cell material food production
        facility, in a controlled environment, when the
        improvements are placed in service on or after June 7,
        2023 (the effective date of Public Act 103-9) this
        amendatory Act of the 103rd General Assembly; or and
            (H) (G) the business is an existing or planned
        grocery store, as that term is defined in Section 5 of
        the Grocery Initiative Act, and receives financial
        support under that Act within the 10 years before
        submitting its application under this Act; and
        (4) no later than 90 days after an application is
    submitted, the Department shall notify the applicant of
    the Department's determination of the qualification of the
    proposed High Impact Business under this Section.
    (b) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(A) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 9-222 and Section 9-222.1A of the
Public Utilities Act, subsection (h) of Section 201 of the
Illinois Income Tax Act, and Section 1d of the Retailers'
Occupation Tax Act; provided that these credits and exemptions
described in these Acts shall not be authorized until the
minimum investments set forth in subdivision (a)(3)(A) of this
Section have been placed in service in qualified properties
and, in the case of the exemptions described in the Public
Utilities Act and Section 1d of the Retailers' Occupation Tax
Act, the minimum full-time equivalent jobs or full-time
retained jobs set forth in subdivision (a)(3)(A) of this
Section have been created or retained. Businesses designated
as High Impact Businesses under this Section shall also
qualify for the exemption described in Section 5l of the
Retailers' Occupation Tax Act. The credit provided in
subsection (h) of Section 201 of the Illinois Income Tax Act
shall be applicable to investments in qualified property as
set forth in subdivision (a)(3)(A) of this Section.
    (b-5) Businesses designated as High Impact Businesses
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
(a)(3)(D), and (a)(3)(G), and (a)(3)(H) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 51 of the Retailers' Occupation Tax
Act, Section 9-222 and Section 9-222.1A of the Public
Utilities Act, and subsection (h) of Section 201 of the
Illinois Income Tax Act; however, the credits and exemptions
authorized under Section 9-222 and Section 9-222.1A of the
Public Utilities Act, and subsection (h) of Section 201 of the
Illinois Income Tax Act shall not be authorized until the new
electric generating facility, the new gasification facility,
the new transmission facility, the new, expanded, or reopened
coal mine, or the new cultured cell material food production
facility, or the existing or planned grocery store is
operational, except that a new electric generating facility
whose primary fuel source is natural gas is eligible only for
the exemption under Section 5l of the Retailers' Occupation
Tax Act.
    (b-6) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
Section shall qualify for the exemptions described in Section
5l of the Retailers' Occupation Tax Act; any business so
designated as a High Impact Business being, for purposes of
this Section, a "Wind Energy Business".
    (b-7) Beginning on January 1, 2021, businesses designated
as High Impact Businesses by the Department shall qualify for
the High Impact Business construction jobs credit under
subsection (h-5) of Section 201 of the Illinois Income Tax Act
if the business meets the criteria set forth in subsection (i)
of this Section. The total aggregate amount of credits awarded
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
shall not exceed $20,000,000 in any State fiscal year.
    (c) High Impact Businesses located in federally designated
foreign trade zones or sub-zones are also eligible for
additional credits, exemptions and deductions as described in
the following Acts: Section 9-221 and Section 9-222.1 of the
Public Utilities Act; and subsection (g) of Section 201, and
Section 203 of the Illinois Income Tax Act.
    (d) Except for businesses contemplated under subdivision
(a)(3)(E), (a)(3)(E-5), or (a)(3)(G), or (a)(3)(H) of this
Section, existing Illinois businesses which apply for
designation as a High Impact Business must provide the
Department with the prospective plan for which 1,500 full-time
retained jobs would be eliminated in the event that the
business is not designated.
    (e) Except for new businesses contemplated under
subdivision (a)(3)(E), or subdivision (a)(3)(G), or
subdivision (a)(3)(H) of this Section, new proposed facilities
which apply for designation as High Impact Business must
provide the Department with proof of alternative non-Illinois
sites which would receive the proposed investment and job
creation in the event that the business is not designated as a
High Impact Business.
    (f) Except for businesses contemplated under subdivision
(a)(3)(E), or subdivision (a)(3)(G), or subdivision (a)(3)(H)
of this Section, in the event that a business is designated a
High Impact Business and it is later determined after
reasonable notice and an opportunity for a hearing as provided
under the Illinois Administrative Procedure Act, that the
business would have placed in service in qualified property
the investments and created or retained the requisite number
of jobs without the benefits of the High Impact Business
designation, the Department shall be required to immediately
revoke the designation and notify the Director of the
Department of Revenue who shall begin proceedings to recover
all wrongfully exempted State taxes with interest. The
business shall also be ineligible for all State funded
Department programs for a period of 10 years.
    (g) The Department shall revoke a High Impact Business
designation if the participating business fails to comply with
the terms and conditions of the designation.
    (h) Prior to designating a business, the Department shall
provide the members of the General Assembly and Commission on
Government Forecasting and Accountability with a report
setting forth the terms and conditions of the designation and
guarantees that have been received by the Department in
relation to the proposed business being designated.
    (i) High Impact Business construction jobs credit.
Beginning on January 1, 2021, a High Impact Business may
receive a tax credit against the tax imposed under subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
amount equal to 50% of the amount of the incremental income tax
attributable to High Impact Business construction jobs credit
employees employed in the course of completing a High Impact
Business construction jobs project. However, the High Impact
Business construction jobs credit may equal 75% of the amount
of the incremental income tax attributable to High Impact
Business construction jobs credit employees if the High Impact
Business construction jobs credit project is located in an
underserved area.
    The Department shall certify to the Department of Revenue:
(1) the identity of taxpayers that are eligible for the High
Impact Business construction jobs credit; and (2) the amount
of High Impact Business construction jobs credits that are
claimed pursuant to subsection (h-5) of Section 201 of the
Illinois Income Tax Act in each taxable year. Any business
entity that receives a High Impact Business construction jobs
credit shall maintain a certified payroll pursuant to
subsection (j) of this Section.
    As used in this subsection (i):
    "High Impact Business construction jobs credit" means an
amount equal to 50% (or 75% if the High Impact Business
construction project is located in an underserved area) of the
incremental income tax attributable to High Impact Business
construction job employees. The total aggregate amount of
credits awarded under the Blue Collar Jobs Act (Article 20 of
Public Act 101-9) shall not exceed $20,000,000 in any State
fiscal year
    "High Impact Business construction job employee" means a
laborer or worker who is employed by an Illinois contractor or
subcontractor in the actual construction work on the site of a
High Impact Business construction job project.
    "High Impact Business construction jobs project" means
building a structure or building or making improvements of any
kind to real property, undertaken and commissioned by a
business that was designated as a High Impact Business by the
Department. The term "High Impact Business construction jobs
project" does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
    "Incremental income tax" means the total amount withheld
during the taxable year from the compensation of High Impact
Business construction job employees.
    "Underserved area" means a geographic area that meets one
or more of the following conditions:
        (1) the area has a poverty rate of at least 20%
    according to the latest American Community Survey;
        (2) 35% or more of the families with children in the
    area are living below 130% of the poverty line, according
    to the latest American Community Survey;
        (3) at least 20% of the households in the area receive
    assistance under the Supplemental Nutrition Assistance
    Program (SNAP); or
        (4) the area has an average unemployment rate, as
    determined by the Illinois Department of Employment
    Security, that is more than 120% of the national
    unemployment average, as determined by the U.S. Department
    of Labor, for a period of at least 2 consecutive calendar
    years preceding the date of the application.
    (j) Each contractor and subcontractor who is engaged in
and executing a High Impact Business construction Construction
jobs project, as defined under subsection (i) of this Section,
for a business that is entitled to a credit pursuant to
subsection (i) of this Section shall:
        (1) make and keep, for a period of 5 years from the
    date of the last payment made on or after June 5, 2019 (the
    effective date of Public Act 101-9) on a contract or
    subcontract for a High Impact Business construction jobs
    project Construction Jobs Project, records for all
    laborers and other workers employed by the contractor or
    subcontractor on the project; the records shall include:
            (A) the worker's name;
            (B) the worker's address;
            (C) the worker's telephone number, if available;
            (D) the worker's social security number;
            (E) the worker's classification or
        classifications;
            (F) the worker's gross and net wages paid in each
        pay period;
            (G) the worker's number of hours worked each day;
            (H) the worker's starting and ending times of work
        each day;
            (I) the worker's hourly wage rate;
            (J) the worker's hourly overtime wage rate;
            (K) the worker's race and ethnicity; and
            (L) the worker's gender;
        (2) no later than the 15th day of each calendar month,
    provide a certified payroll for the immediately preceding
    month to the taxpayer in charge of the High Impact
    Business construction jobs project; within 5 business days
    after receiving the certified payroll, the taxpayer shall
    file the certified payroll with the Department of Labor
    and the Department of Commerce and Economic Opportunity; a
    certified payroll must be filed for only those calendar
    months during which construction on a High Impact Business
    construction jobs project has occurred; the certified
    payroll shall consist of a complete copy of the records
    identified in paragraph (1) of this subsection (j), but
    may exclude the starting and ending times of work each
    day; the certified payroll shall be accompanied by a
    statement signed by the contractor or subcontractor or an
    officer, employee, or agent of the contractor or
    subcontractor which avers that:
            (A) he or she has examined the certified payroll
        records required to be submitted by the Act and such
        records are true and accurate; and
            (B) the contractor or subcontractor is aware that
        filing a certified payroll that he or she knows to be
        false is a Class A misdemeanor.
    A general contractor is not prohibited from relying on a
certified payroll of a lower-tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification.
    Any contractor or subcontractor subject to this
subsection, and any officer, employee, or agent of such
contractor or subcontractor whose duty as an officer,
employee, or agent it is to file a certified payroll under this
subsection, who willfully fails to file such a certified
payroll on or before the date such certified payroll is
required by this paragraph to be filed and any person who
willfully files a false certified payroll that is false as to
any material fact is in violation of this Act and guilty of a
Class A misdemeanor.
    The taxpayer in charge of the project shall keep the
records submitted in accordance with this subsection on or
after June 5, 2019 (the effective date of Public Act 101-9) for
a period of 5 years from the date of the last payment for work
on a contract or subcontract for the High Impact Business
construction jobs project.
    The records submitted in accordance with this subsection
shall be considered public records, except an employee's
address, telephone number, and social security number, and
made available in accordance with the Freedom of Information
Act. The Department of Labor shall share the information with
the Department in order to comply with the awarding of a High
Impact Business construction jobs credit. A contractor,
subcontractor, or public body may retain records required
under this Section in paper or electronic format.
    (k) Upon 7 business days' notice, each contractor and
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in this subsection (j) to the taxpayer in
charge of the High Impact Business construction jobs project,
its officers and agents, the Director of the Department of
Labor and his or her deputies and agents, and to federal,
State, or local law enforcement agencies and prosecutors.
    (l) The changes made to this Section by Public Act
102-1125 this amendatory Act of the 102nd General Assembly,
other than the changes in subsection (a), apply to High Impact
Businesses high impact businesses that submit applications on
or after February 3, 2023 (the effective date of Public Act
102-1125) this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-108, eff. 1-1-22; 102-558, eff. 8-20-21;
102-605, eff. 8-27-21; 102-662, eff. 9-15-21; 102-673, eff.
11-30-21; 102-813, eff. 5-13-22; 102-1125, eff. 2-3-23; 103-9,
eff. 6-7-23; 103-561, eff. 1-1-24; revised 9-27-23.)
 
    Section 85. The Department of Human Services Act is
amended by changing Sections 10-75 and 80-45 as follows:
 
    (20 ILCS 1305/10-75)
    Sec. 10-75. Homelessness supports in Illinois.
    (a) The Office to Prevent and End Homelessness (Office) is
created within the Department of Human Services to facilitate
the implementation of a strategic plan and initiatives aimed
at decreasing homelessness and unnecessary
institutionalization in Illinois, improving health and human
services outcomes for people who experience homelessness, and
strengthening the safety nets that contribute to housing
stability. The Office shall be led by the State Homelessness
Chief Officer who shall report to the Secretary of the
Department. The Chief Officer shall also chair the Interagency
Task Force on Homelessness, co-chair the Community Advisory
Council on Homelessness, and lead the State's comprehensive
efforts related to homelessness prevention. The Chief Officer
shall serve as a policymaker and spokesperson on homelessness
prevention, including coordinating the multi-agency effort
through legislation, rules, and budgets and communicating with
the General Assembly and federal and local leaders on these
critical issues.
    (b) The Interagency Task Force on Homelessness is created
within the Department of Human Services to facilitate and
implement initiatives related to decreasing homelessness and
unnecessary institutionalization in this State, improve health
and human services outcomes for people who experience
homelessness, and strengthen the safety nets that contribute
to housing stability. The Task Force shall:
        (1) Implement the State Plan which is aimed at
    addressing homelessness and unnecessary
    institutionalization with the goals of achieving
    functional zero homelessness, improving health and human
    services outcomes for people experiencing homelessness,
    and strengthening the safety nets that contribute to
    housing stability.
        (2) Recommend policy, regulatory, and resource changes
    necessary to accomplish goals and objectives laid out in
    the State Plan.
        (3) Serve within State government and in the State at
    large as an advocate for people experiencing homelessness.
        (4) Provide leadership for and collaborate with those
    developing and implementing local plans to end
    homelessness in Illinois, including, but not limited to,
    the Community Advisory Council and its members.
        (5) Recommend the resources needed for successful
    implementation and oversee that implementation.
        (6) Recommend and promote effective interagency
    collaboration and system integration to converge related
    efforts, including coordination with the Illinois Youth
    Homelessness Prevention Subcommittee, the Illinois
    Commission on the Elimination of Poverty, and the Illinois
    Commission to End Hunger on drafting policy
    recommendations related to the intersection of
    homelessness and poverty.
        (7) Recommend needed policy, regulatory, and resource
    distribution changes; make oversight recommendations that
    will ensure accountability, results, and sustained
    success; and develop specific proposals and
    recommendations for action to provide to the Governor and
    the General Assembly.
    (c) (Blank).
    (d) The Task Force may solicit feedback from stakeholders,
customers, and advocates to inform Task Force recommendations
as necessary.
    (e) On or before December 1, 2024, and each year
thereafter, the Task Force shall submit a report to the
Governor and General Assembly regarding the Task Force's work
during the year prior, any new recommendations developed by
the Task Force, any recommendations made by the Community
Advisory Council on Homelessness, and any key outcomes and
measures related to homelessness.
    (f) The Task Force shall include the following members
appointed by the Governor:
        (1) The Chief Homelessness Officer, who shall serve as
    Chair.
        (2) The Secretary of Human Services, or his or her
    designee.
        (3) The Executive Director of the Illinois Housing
    Development Authority, or his or her designee.
        (4) The Director of Healthcare and Family Services, or
    his or her designee.
        (5) The Superintendent of the State Board of
    Education, or his or her designee.
        (6) The Executive Director of the Board of Higher
    Education, or his or her designee.
        (7) The Executive Director of the Illinois Community
    College Board, or his or her designee.
        (8) The Director of Corrections, or his or her
    designee.
        (9) The Director of Veterans' Affairs, or his or her
    designee.
        (10) The Director of Children and Family Services, or
    his or her designee.
        (11) The Director of Public Health, or his or her
    designee.
        (12) The Director of Aging, or his or her designee.
        (13) The Director of Juvenile Justice, or his or her
    designee.
        (14) The Director of Commerce and Economic
    Opportunity, or his or her designee.
        (15) The Director of Employment Security, or his or
    her designee.
        (16) The Director of the Illinois State Police, or his
    or her designee.
        (17) The Executive Director of the Illinois Criminal
    Justice Information Authority, or his or her designee.
        (18) The Director of the Office of Management and
    Budget, or his or her designee.
    (g) The Task Force shall also include the following
members:
        (1) One member appointed by the President of the
    Senate.
        (2) One member appointed by the Minority Leader of the
    Senate.
        (3) One member appointed by the Speaker of the House
    of Representatives.
        (4) One member appointed by the Minority Leader of the
    House of Representatives.
    (h) The Chair of the Task Force may appoint additional
representatives from State agencies as needed.
    (i) The Task Force shall meet at the call of the chair, at
least 4 times per year. Members shall serve without
compensation.
    (j) The Task Force may establish subcommittees to address
specific issues or populations and may collaborate with
individuals with relevant expertise who are not members of the
Task Force to assist the subcommittee in carrying out its
duties.
    (k) The Department of Human Services shall provide
administrative support to the Task Force.
    (l) Nothing in this Act shall be construed to contravene
any federal or State law or regulation. Unless specifically
referenced in this Act, nothing in this Act shall affect or
alter the existing statutory powers of any State agency or be
construed as a reassignment or reorganization of any State
agency.
    (m) Community Advisory Council. The Community Advisory
Council on Homelessness is created within the Department of
Human Services to make recommendations to the Interagency Task
Force on Homelessness regarding homelessness and unnecessary
institutionalization with the goals of achieving functional
zero homelessness, improving health and human services
outcomes for people experiencing homelessness and
strengthening the safety nets that contribute to housing
stability.
        (1) The Advisory Council shall be co-chaired by the
    Chief Homelessness Officer and a member of the Advisory
    Council designated by the Governor. The Advisory Council
    shall consist of all of the following members appointed by
    the Governor. Members appointed to the Advisory Council
    must reflect the racial, ethnic, and geographic diversity
    of this State. The Chief may include any State agency
    staff that they deem necessary as ex officio, nonvoting
    members of the Community Advisory Council.
            (A) Three members with lived experience of
        homelessness or housing insecurity, which may include,
        but are not limited to, formerly incarcerated persons,
        veterans, and youth (16 to 25 years old).
            (B) One member representing individuals with
        disabilities.
            (C) Two members representing the philanthropic
        private funding sector.
            (D) One member representing a statewide behavioral
        health advocacy organization.
            (E) One member representing a statewide housing
        advocacy organization.
            (F) At least 2 members representing local
        Continuums of Care.
            (G) At least 3 members representing local units of
        government (municipal, county, or township).
            (H) One member representing an organization that
        supports victims of domestic violence.
            (I) A minimum of 4 members representing providers
        of the homeless response system inclusive of, but not
        limited to, emergency supportive housing, rapid
        rehousing, permanent supportive housing, homeless
        youth programs, and homeless prevention.
            (J) Two members, who may or may not meet the
        qualification requirements for the other appointees.
    The Advisory Council shall meet at least 4 times per year.
        (2) Members shall serve without compensation, but
    public members may be reimbursed for reasonable and
    necessary travel expenses connected to Task Force
    business. Persons with lived experience of homelessness
    and housing insecurity, who are not otherwise compensated
    by employers to attend the Community Advisory Council,
    shall receive compensation for each quarterly Council
    meeting attended.
        (3) The meetings of the Advisory Council shall be
    conducted in accordance with the provisions of Section 2
    of the Open Meetings Act. The Department of Human Services
    shall provide staff and administrative support to assist
    the Advisory Council in carrying out its duties.
        (4) Nothing in this Act shall be construed to
    contravene any federal or State law or regulation. Unless
    specifically referenced in this Act, nothing in this Act
    shall affect or alter the existing statutory powers of any
    State agency or be construed as a reassignment or
    reorganization of any State agency.
        (5) On or before November 15, 2023, and each year
    thereafter, the Advisory Council shall submit
    recommendations to the Interagency Task Force on
    Homelessness.
(Source: P.A. 103-269, eff. 7-26-23; revised 1-20-24.)
 
    (20 ILCS 1305/80-45)
    Sec. 80-45. Funding agent and administration.
    (a) The Department shall act as funding agent under the
terms of the Illinois Affordable Housing Act and shall
administer other appropriations for the use of the Illinois
Housing Development Authority.
    (b) The Department may enter into contracts,
intergovernmental agreements, grants, cooperative agreements,
memoranda of understanding, or other instruments with any
federal, State, or local government agency as necessary to
fulfill its role as funding agent in compliance with State and
federal law. The Department and the Department of Revenue
shall coordinate, in consultation with the Illinois Housing
Development Authority, the transition of the funding agent
role, including the transfer of any and all books, records, or
documents, in whatever form stored, necessary to the
Department's execution of the duties of the funding agent, and
the Department may submit to the Governor's Office of
Management and Budget requests for exception pursuant to
Section 55 of the Grant Accountability and Transparency Act.
Notwithstanding Section 5 of the Illinois Grant Funds Recovery
Act, for State fiscal years 2023 and 2024 only, in order to
accomplish the transition of the funding agent role to the
Department, grant funds may be made available for expenditure
by a grantee for a period of 3 years from the date the funds
were distributed by the State.
(Source: P.A. 103-8, eff. 7-1-23; revised 9-25-23.)
 
    Section 90. The Department of Innovation and Technology
Act is amended by changing Section 1-80 as follows:
 
    (20 ILCS 1370/1-80)
    Sec. 1-80. Generative AI and Natural Language Processing
Task Force.
    (a) As used in this Section, "Task Force" means the
Generative AI and Natural Language Processing Task Force
established by this Section.
    (b) The Department shall establish the Generative AI and
Natural Language Processing Task Force. The Task Force shall
investigate and provide a report on generative artificial
intelligence software and natural language processing
software.
    (c) The Task Force shall be composed of all of the
following members:
        (1) One member appointed by the Speaker of the House
    of Representatives, who shall serve as a co-chairperson.
        (2) One member appointed by the Minority Leader of the
    House of Representatives.
        (3) One member appointed by the President of the
    Senate, who shall serve as a co-chairperson.
        (4) One member appointed by the Minority Leader of the
    Senate.
        (5) The Secretary of the Department of Innovation and
    Technology or his or her designee.
        (6) The State Superintendent of Education or his or
    her designee.
        (7) The Executive Director of the Illinois Community
    College Board or his or her designee.
        (8) The Executive Director of the Board of Higher
    Education or his or her designee.
        (9) Two teachers recommended by a statewide
    association representing teachers, appointed by the
    Governor.
        (10) Two principals recommended by a statewide
    principals association, appointed by the Governor.
        (11) Two experts on cybersecurity, appointed by the
    Governor.
        (12) Two experts on artificial intelligence, appointed
    by the Governor.
        (13) Two members of statewide business associations,
    appointed by the Governor.
        (14) The Statewide Chief Information Security Officer
    or his or her designee.
        (15) Two members of statewide labor associations,
    appointed by the Governor.
        (16) The Attorney General or his or her designee.
    (d) The Task Force shall hold at least 5 public meetings in
a hybrid format, with both virtual and in-person options to
attend. Of those required 5 meetings, one shall be held in each
of the following locations:
        (1) Chicago;
        (2) Springfield;
        (3) the Metro East region;
        (4) the Quad Cities region; and
        (5) Southern Illinois.
    (e) The responsibilities of the Task Force shall include
all of the following:
        (1) recommending legislation or regulations to protect
    consumer information as it relates to generative
    artificial intelligence;
        (2) recommending model policies for schools to address
    the use of generative artificial intelligence by students
    in the classroom;
        (3) assessing the use of generative artificial
    intelligence to improve delivery of public services;
        (4) (5) protecting civil rights and civil liberties of
    individuals and consumers as it relates to generative
    artificial intelligence;
        (5) (6) assessing the use of generative artificial
    intelligence in the workforce and how this could affect
    employment levels, types of employment, and the deployment
    of workers;
        (6) (7) assessing the challenges of generative
    artificial intelligence for cybersecurity; and
        (7) (8) other topics related to generative artificial
    intelligence software and natural language processing
    software that may arise from testimony or reports to the
    Task Force submitted by its members or the public.
    (f) The Department shall provide administrative and
technical support to the Task Force.
    (g) The Task Force shall file a report by December 31, 2024
with the Governor and the General Assembly covering the Task
Force's investigation into generative artificial intelligence
software and natural language processing software and the Task
Force's responsibilities under subsection (e).
(Source: P.A. 103-451, eff. 8-4-23; revised 11-1-23.)
 
    Section 95. The Department of Insurance Law of the Civil
Administrative Code of Illinois is amended by setting forth
and renumbering multiple versions of Section 1405-50 as
follows:
 
    (20 ILCS 1405/1405-50)
    Sec. 1405-50. Marketplace Director of the Illinois Health
Benefits Exchange. The Governor shall appoint, with the advice
and consent of the Senate, a person within the Department of
Insurance to serve as the Marketplace Director of the Illinois
Health Benefits Exchange. The Governor may make a temporary
appointment until the next meeting of the Senate. This person
may be an existing employee with other duties. The Marketplace
Director shall receive an annual salary as set by the Governor
and shall be paid out of the appropriations to the Department.
The Marketplace Director shall not be subject to the Personnel
Code. The Marketplace Director, under the direction of the
Director, shall manage the operations and staff of the
Illinois Health Benefits Exchange to ensure optimal exchange
performance.
(Source: P.A. 103-103, eff. 6-27-23.)
 
    (20 ILCS 1405/1405-51)
    Sec. 1405-51 1405-50. Health insurance coverage,
affordability, and cost transparency annual report.
    (a) On or before May 1, 2026, and each May 1 thereafter,
the Department of Insurance shall report to the Governor and
the General Assembly on health insurance coverage,
affordability, and cost trends, including:
        (1) medical cost trends by major service category,
    including prescription drugs;
        (2) utilization patterns of services by major service
    categories;
        (3) impact of benefit changes, including essential
    health benefits and non-essential health benefits;
        (4) enrollment trends;
        (5) demographic shifts;
        (6) geographic factors and variations, including
    changes in provider availability;
        (7) health care quality improvement initiatives;
        (8) inflation and other factors impacting this State's
    economic condition;
        (9) the availability of financial assistance and tax
    credits to pay for health insurance coverage for
    individuals and small businesses;
        (10) trends in out-of-pocket costs for consumers; and
        (11) factors contributing to costs that are not
    otherwise specified in paragraphs (1) through (10) of this
    subsection.
    (b) This report shall not attribute any information or
trend to a specific company and shall not disclose any
information otherwise considered confidential or proprietary.
(Source: P.A. 103-106, eff. 1-1-24; revised 12-19-23.)
 
    Section 100. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 and by setting forth and renumbering
multiple versions of Section 2105-370 as follows:
 
    (20 ILCS 2105/2105-15)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers
and duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations;
    provided, that no school, college, or university, or
    department of a university, or other institution that
    refuses admittance to applicants solely on account of
    race, color, creed, sex, sexual orientation, or national
    origin shall be considered reputable and in good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard
    to licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities.
        The Department shall issue a monthly disciplinary
    report.
        The Department shall refuse to issue or renew a
    license to, or shall suspend or revoke a license of, any
    person who, after receiving notice, fails to comply with a
    subpoena or warrant relating to a paternity or child
    support proceeding. However, the Department may issue a
    license or renewal upon compliance with the subpoena or
    warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified
    by a court as being in violation of the Non-Support
    Punishment Act for more than 60 days. The Department may,
    however, issue a license or renewal if the person has
    established a satisfactory repayment record as determined
    by the Department of Healthcare and Family Services
    (formerly Illinois Department of Public Aid) or if the
    person is determined by the court to be in compliance with
    the Non-Support Punishment Act. The Department may
    implement this paragraph as added by Public Act 89-6
    through the use of emergency rules in accordance with
    Section 5-45 of the Illinois Administrative Procedure Act.
    For purposes of the Illinois Administrative Procedure Act,
    the adoption of rules to implement this paragraph shall be
    considered an emergency and necessary for the public
    interest, safety, and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands
    when the transfer, acquisition, or acceptance is
    advantageous to the State and is approved in writing by
    the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to
    the Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Illinois Parentage Act
    of 1984, or the Illinois Parentage Act of 2015.
    Notwithstanding any provisions in this Code to the
    contrary, the Department of Financial and Professional
    Regulation shall not be liable under any federal or State
    law to any person for any disclosure of information to the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) under this paragraph
    (8) or for any other action taken in good faith to comply
    with the requirements of this paragraph (8).
        (8.3) To exchange information with the Department of
    Human Rights regarding recommendations received under
    paragraph (B) of Section 8-109 of the Illinois Human
    Rights Act regarding a licensee or candidate for licensure
    who has committed a civil rights violation that may lead
    to the refusal, suspension, or revocation of a license
    from the Department.
        (8.5) To accept continuing education credit for
    mandated reporter training on how to recognize and report
    child abuse offered by the Department of Children and
    Family Services and completed by any person who holds a
    professional license issued by the Department and who is a
    mandated reporter under the Abused and Neglected Child
    Reporting Act. The Department shall adopt any rules
    necessary to implement this paragraph.
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving delinquency in complying
with a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
    (b) (Blank).
    (c) For the purpose of securing and preparing evidence,
and for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts
appropriated for that purpose. Those sums may be advanced to
the agent when the Director deems that procedure to be in the
public interest. Sums for the purchase of controlled
substances, professional services, and equipment necessary for
enforcement activities and other activities as set forth in
this Section shall be advanced to the agent who is to make the
purchase from the Professional Regulation Evidence Fund on
vouchers signed by the Director. The Director and those agents
are authorized to maintain one or more commercial checking
accounts with any State banking corporation or corporations
organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used for the purposes
set forth in this Section; provided, that no check may be
written nor any withdrawal made from any such account except
upon the written signatures of 2 persons designated by the
Director to write those checks and make those withdrawals.
Vouchers for those expenditures must be signed by the
Director. All such expenditures shall be audited by the
Director, and the audit shall be submitted to the Department
of Central Management Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of
the Private Business and Vocational Schools Act of 2012.
    (f) (Blank).
    (f-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall allow an applicant to provide his or her
individual taxpayer identification number as an alternative to
providing a social security number when applying for a
license.
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirement of
any such tax Act are satisfied; however, the Department may
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the Illinois
Department of Revenue. For the purpose of this Section,
"satisfactory repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall
advise the licensee that the suspension shall be effective 60
days after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a
hearing before the Department to dispute the matters contained
in the order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department may promulgate rules for the administration
of this subsection (g).
    (g-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall refuse the issuance or renewal of a license
to, or suspend or revoke the license of, any individual,
corporation, partnership, or other business entity that has
been found by the Illinois Workers' Compensation Commission or
the Department of Insurance to have failed to (i) secure
workers' compensation obligations in the manner required by
subsections (a) and (b) of Section 4 of the Workers'
Compensation Act, (ii) pay in full a fine or penalty imposed
due to a failure to secure workers' compensation obligations
in the manner required by subsections (a) and (b) of Section 4
of the Workers' Compensation Act, or (iii) fulfill all
obligations assumed pursuant to a settlement reached with the
Illinois Workers' Compensation Commission or the Department of
Insurance relating to a failure to secure workers'
compensation obligations in the manner required by subsections
(a) and (b) of Section 4 of the Workers' Compensation Act. No
initial or renewal license shall be issued, and no suspended
license shall be reinstated, until such time that the
Department is notified by the Illinois Workers' Compensation
Commission or the Department of Insurance that the licensee's
or applicant's failure to comply with subsections (a) and (b)
of Section 4 of the Workers' Compensation Act has been
corrected or otherwise resolved to satisfaction of the
Illinois Workers' Compensation Commission or the Department of
Insurance.
    In addition, a complaint filed with the Department by the
Illinois Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman, or the Director or Chairman's designee,
attesting to a finding of the failure to secure workers'
compensation obligations in the manner required by subsections
(a) and (b) of Section 4 of the Workers' Compensation Act or
the failure to pay any fines or penalties or to discharge any
obligation under a settlement relating to the failure to
secure workers' compensation obligations in the manner
required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act is prima facie evidence of the
licensee's or applicant's failure to comply with subsections
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
receipt of that certification, the Department shall, without a
hearing, immediately suspend all licenses held by the licensee
or the processing of any application from the applicant.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall
advise the licensee that the suspension shall be effective 60
days after the issuance of the Department's order unless the
Department receives from the licensee or applicant a request
for a hearing before the Department to dispute the matters
contained in the order.
    Any suspension imposed under this subsection shall be
terminated by the Department upon notification from the
Illinois Workers' Compensation Commission or the Department of
Insurance that the licensee's or applicant's failure to comply
with subsections (a) and (b) of Section 4 of the Workers'
Compensation Act has been corrected or otherwise resolved to
the satisfaction of the Illinois Workers' Compensation
Commission Commissions or the Department of Insurance.
    No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Illinois Workers' Compensation
Commission or the Department of Insurance.
    The Department may adopt rules for the administration of
this subsection.
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
    (i) The Department shall make available on its website
general information explaining how the Department utilizes
criminal history information in making licensure application
decisions, including a list of enumerated offenses that serve
as a statutory bar to licensure.
(Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24;
revised 1-2-24.)
 
    (20 ILCS 2105/2105-368)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 2105-368 2105-370. Data on applications. In
conjunction with applications for licensure, the Department
shall request, and applicants may voluntarily provide,
demographic information that includes sex, ethnicity, race,
and disability. On or before March 1 of each calendar year, the
Department shall publish a report on the Department's website
that contains the demographic information it collected the
preceding calendar year, the number of applications for
licensure and renewal of licensure it received in the
preceding calendar year, and the number of applicants who were
denied licensure in the preceding calendar year regardless of
whether application was made in that calendar year.
(Source: P.A. 103-522, eff. 1-1-25; revised 9-25-23.)
 
    (20 ILCS 2105/2105-370)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 2105-370. Continuing education; cultural competency.
    (a) As used in this Section:
    "Cultural competency" means a set of integrated attitudes,
knowledge, and skills that enables a health care professional
or organization to care effectively for patients from diverse
cultures, groups, and communities.
    "Health care professional" means a person licensed or
registered by the Department under the following Acts: the
Medical Practice Act of 1987, the Nurse Practice Act, the
Clinical Psychologist Licensing Act, the Illinois Optometric
Practice Act of 1987, the Illinois Physical Therapy Act, the
Pharmacy Practice Act, the Physician Assistant Practice Act of
1987, the Clinical Social Work and Social Work Practice Act,
the Nursing Home Administrators Licensing and Disciplinary
Act, the Illinois Occupational Therapy Practice Act, the
Podiatric Medical Practice Act of 1987, the Respiratory Care
Practice Act, the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act, the
Illinois Speech-Language Pathology and Audiology Practice Act,
the Illinois Dental Practice Act, the Illinois Dental Practice
Act, or the Behavior Analyst Licensing Act.
    (b) For health care professional license or registration
renewals occurring on or after January 1, 2025, a health care
professional who has continuing education requirements must
complete at least a one-hour course in training on cultural
competency. A health care professional may count this one hour
for completion of this course toward meeting the minimum
credit hours required for continuing education.
    (c) The Department may adopt rules for the implementation
of this Section.
(Source: P.A. 103-531, eff. 1-1-25.)
 
    Section 105. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-130 and by setting forth and
renumbering multiple versions of Section 2310-720 as follows:
 
    (20 ILCS 2310/2310-130)
    Sec. 2310-130. Long term care surveyors; surveyor
development unit. Long Term Care Monitor/Receiver Beginning
July 1, 2011, the Department shall employ a minimum of one
surveyor for every 500 licensed long term care beds. Beginning
July 1, 2012, the Department shall employ a minimum of one
surveyor for every 400 licensed long term care beds. Beginning
July 1, 2013, the Department shall employ a minimum of one
surveyor for every 300 licensed long term care beds.
    The Department shall establish a surveyor development unit
funded from money deposited in the Long Term Care
Monitor/Receiver Fund.
(Source: P.A. 103-127, eff. 1-1-24; 103-363, eff. 7-28-23;
revised 12-12-23.)
 
    (20 ILCS 2310/2310-720)
    Sec. 2310-720. Pilot program with municipalities that
employ a certified plumbing inspector. The Department shall
create a pilot program to allow the Department to enter into an
agreement with a municipality that employs a State of Illinois
certified plumbing inspector to do inspections on behalf of
the Department and submit appropriate documentation as
requested to verify the inspections were completed to the
standards required by the Department and outlined in the
partnership.
(Source: P.A. 103-321, eff. 1-1-24.)
 
    (20 ILCS 2310/2310-725)
    Sec. 2310-725 2310-720. Public educational effort on
mental health and wellness. Subject to appropriation, the
Department shall undertake a public educational campaign to
bring broad public awareness to communities across this State
on the importance of mental health and wellness, including the
expanded coverage of mental health treatment, and consistent
with the recommendations of the Illinois Children's Mental
Health Partnership's Children's Mental Health Plan of 2022 and
Public Act 102-899. The Department shall look to other
successful public educational campaigns to guide this effort,
such as the public educational campaign related to Get Covered
Illinois. Additionally, the Department shall work with the
Department of Insurance, the Illinois State Board of
Education, the Department of Human Services, the Department of
Healthcare and Family Services, the Department of Juvenile
Justice, the Department of Children and Family Services, and
other State agencies as necessary to promote consistency in
messaging and distribution methods between this campaign and
other concurrent public educational campaigns related to
mental health and mental wellness. Public messaging for this
campaign shall be simple, be easy to understand, and include
culturally competent messaging for different communities and
regions throughout this State.
(Source: P.A. 103-535, eff. 8-11-23; revised 9-25-23.)
 
    Section 110. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-52 as follows:
 
    (20 ILCS 2605/2605-52)
    Sec. 2605-52. Division of Statewide 9-1-1.
    (a) There shall be established an Office of the Statewide
9-1-1 Administrator within the Division of Statewide 9-1-1.
Beginning January 1, 2016, the Office of the Statewide 9-1-1
Administrator shall be responsible for developing,
implementing, and overseeing a uniform statewide 9-1-1 system
for all areas of the State outside of municipalities having a
population over 500,000.
    (b) The Governor shall appoint, with the advice and
consent of the Senate, a Statewide 9-1-1 Administrator. The
Administrator shall serve for a term of 2 years, and until a
successor is appointed and qualified; except that the term of
the first 9-1-1 Administrator appointed under this Act shall
expire on the third Monday in January, 2017. The Administrator
shall not hold any other remunerative public office. The
Administrator shall receive an annual salary as set by the
Governor.
    (c) The Illinois State Police, from appropriations made to
it for that purpose, shall make grants to 9-1-1 Authorities
for the purpose of defraying costs associated with 9-1-1
system consolidations awarded by the Administrator under
Section 15.4b of the Emergency Telephone System Act.
    (d) The Division of Statewide 9-1-1 shall exercise the
rights, powers, and duties vested by law in the Illinois State
Police by the Illinois State Police Radio Act and shall
oversee the Illinois State Police radio network, including the
Illinois State Police Emergency Radio Network and Illinois
State Police's STARCOM21.
    (e) The Division of Statewide 9-1-1 shall also conduct the
following communication activities:
        (1) Acquire and operate one or more radio broadcasting
    stations in the State to be used for police purposes.
        (2) Operate a statewide communications network to
    gather and disseminate information for law enforcement
    agencies.
        (3) Undertake other communication activities that may
    be required by law.
        (4) Oversee Illinois State Police telecommunications.
    (f) The Division of Statewide 9-1-1 shall oversee the
Illinois State Police fleet operations.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
revised 1-2-24.)
 
    Section 115. The Illinois State Police Act is amended by
changing Section 16 as follows:
 
    (20 ILCS 2610/16)  (from Ch. 121, par. 307.16)
    Sec. 16. State policemen shall enforce the provisions of
the Illinois Vehicle Code, approved September 29, 1969, as
amended, and Article 9 of the "Illinois Highway Code" as
amended; and shall patrol the public highways and rural
districts to make arrests for violations of the provisions of
such Acts. They are conservators of the peace and as such have
all powers possessed by policemen in cities, and sheriffs,
except that they may exercise such powers anywhere in this
State. The State policemen shall cooperate with the police of
cities, villages, and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State and
in making arrests and recovering property. They may be
equipped with standardized and tested devices for weighing
motor vehicles and may stop and weigh, acting reasonably, or
cause to be weighed, any motor vehicle which appears to weigh
in excess of the weight permitted by law. It shall also be the
duty of the Illinois State Police to determine, whenever
possible, the person or persons or the causes responsible for
the breaking or destruction of any improved hard-surfaced
roadway; and to arrest all persons criminally responsible for
such breaking or destruction and bring them before the proper
officer for trial. The Illinois State Police shall divide the
State into zones, troops, or regions and assign each zone,
troop, or region to one or more policemen. No person employed
under this Act, however, shall serve or execute civil process,
except for process issued under the authority of the General
Assembly, or a committee or commission thereof vested with
subpoena powers when the county sheriff refuses or fails to
serve such process, and except for process allowed by statute
or issued under the authority of the Illinois Department of
Revenue.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23;
revised 9-25-23.)
 
    Section 120. The Human Remains Protection Act is amended
by changing Section 13 as follows:
 
    (20 ILCS 3440/13)  (from Ch. 127, par. 2673)
    Sec. 13. Notification.
    (a) If an undertaking will occur on property that the
property owner has been notified in writing by the Department
that the land is likely to contain human remains, unregistered
graves, grave markers, or grave artifacts, a permit shall be
obtained by the landowner from the Department.
    (b) If human remains, unregistered graves, grave markers,
or grave artifacts that were unknown and were encountered by
any person, a permit shall be obtained from the Department
before any work on the undertaking may continue.
    (c) The Department of Natural Resources shall adopt
administrative rules whereby permits shall be issued for the
avoidance, disturbance, or removal of human remains,
unregistered graves, grave markers, or grave artifacts, or a
combination of those activities. The Department may adopt
emergency rules in accordance with Sections 5-45 and 5-45.47
5-45.35 of the Illinois Administrative Procedure Act. The
adoption of emergency rules authorized by Sections 5-45 and
5-45.47 5-45.35 of the Illinois Administrative Procedure Act
and this paragraph is deemed to be necessary for the public
interest, safety, and welfare.
    (d) Each permit shall specify all terms and conditions
under which the avoidance, removal, or disturbance of human
remains, grave artifacts, grave markers, or unregistered
graves shall be carried out. All costs accrued in the removal
of the aforementioned materials shall be borne by the permit
applicant. Within 60 days of the completion of the
undertaking, the permit holder shall submit a report, on a
form provided by the Department, of the results to the
Department.
(Source: P.A. 103-446, eff. 8-4-23; revised 10-5-23.)
 
    Section 125. The Illinois Power Agency Act is amended by
changing Section 1-56 as follows:
 
    (20 ILCS 3855/1-56)
    Sec. 1-56. Illinois Power Agency Renewable Energy
Resources Fund; Illinois Solar for All Program.
    (a) The Illinois Power Agency Renewable Energy Resources
Fund is created as a special fund in the State treasury.
    (b) The Illinois Power Agency Renewable Energy Resources
Fund shall be administered by the Agency as described in this
subsection (b), provided that the changes to this subsection
(b) made by Public Act 99-906 this amendatory Act of the 99th
General Assembly shall not interfere with existing contracts
under this Section.
        (1) The Illinois Power Agency Renewable Energy
    Resources Fund shall be used to purchase renewable energy
    credits according to any approved procurement plan
    developed by the Agency prior to June 1, 2017.
        (2) The Illinois Power Agency Renewable Energy
    Resources Fund shall also be used to create the Illinois
    Solar for All Program, which provides incentives for
    low-income distributed generation and community solar
    projects, and other associated approved expenditures. The
    objectives of the Illinois Solar for All Program are to
    bring photovoltaics to low-income communities in this
    State in a manner that maximizes the development of new
    photovoltaic generating facilities, to create a long-term,
    low-income solar marketplace throughout this State, to
    integrate, through interaction with stakeholders, with
    existing energy efficiency initiatives, and to minimize
    administrative costs. The Illinois Solar for All Program
    shall be implemented in a manner that seeks to minimize
    administrative costs, and maximize efficiencies and
    synergies available through coordination with similar
    initiatives, including the Adjustable Block program
    described in subparagraphs (K) through (M) of paragraph
    (1) of subsection (c) of Section 1-75, energy efficiency
    programs, job training programs, and community action
    agencies. The Agency shall strive to ensure that renewable
    energy credits procured through the Illinois Solar for All
    Program and each of its subprograms are purchased from
    projects across the breadth of low-income and
    environmental justice communities in Illinois, including
    both urban and rural communities, are not concentrated in
    a few communities, and do not exclude particular
    low-income or environmental justice communities. The
    Agency shall include a description of its proposed
    approach to the design, administration, implementation and
    evaluation of the Illinois Solar for All Program, as part
    of the long-term renewable resources procurement plan
    authorized by subsection (c) of Section 1-75 of this Act,
    and the program shall be designed to grow the low-income
    solar market. The Agency or utility, as applicable, shall
    purchase renewable energy credits from the (i)
    photovoltaic distributed renewable energy generation
    projects and (ii) community solar projects that are
    procured under procurement processes authorized by the
    long-term renewable resources procurement plans approved
    by the Commission.
        The Illinois Solar for All Program shall include the
    program offerings described in subparagraphs (A) through
    (E) of this paragraph (2), which the Agency shall
    implement through contracts with third-party providers
    and, subject to appropriation, pay the approximate amounts
    identified using monies available in the Illinois Power
    Agency Renewable Energy Resources Fund. Each contract that
    provides for the installation of solar facilities shall
    provide that the solar facilities will produce energy and
    economic benefits, at a level determined by the Agency to
    be reasonable, for the participating low-income low income
    customers. The monies available in the Illinois Power
    Agency Renewable Energy Resources Fund and not otherwise
    committed to contracts executed under subsection (i) of
    this Section, as well as, in the case of the programs
    described under subparagraphs (A) through (E) of this
    paragraph (2), funding authorized pursuant to subparagraph
    (O) of paragraph (1) of subsection (c) of Section 1-75 of
    this Act, shall initially be allocated among the programs
    described in this paragraph (2), as follows: 35% of these
    funds shall be allocated to programs described in
    subparagraphs (A) and (E) of this paragraph (2), 40% of
    these funds shall be allocated to programs described in
    subparagraph (B) of this paragraph (2), and 25% of these
    funds shall be allocated to programs described in
    subparagraph (C) of this paragraph (2). The allocation of
    funds among subparagraphs (A), (B), (C), and (E) of this
    paragraph (2) may be changed if the Agency, after
    receiving input through a stakeholder process, determines
    incentives in subparagraphs (A), (B), (C), or (E) of this
    paragraph (2) have not been adequately subscribed to fully
    utilize available Illinois Solar for All Program funds.
        Contracts that will be paid with funds in the Illinois
    Power Agency Renewable Energy Resources Fund shall be
    executed by the Agency. Contracts that will be paid with
    funds collected by an electric utility shall be executed
    by the electric utility.
        Contracts under the Illinois Solar for All Program
    shall include an approach, as set forth in the long-term
    renewable resources procurement plans, to ensure the
    wholesale market value of the energy is credited to
    participating low-income customers or organizations and to
    ensure tangible economic benefits flow directly to program
    participants, except in the case of low-income
    multi-family housing where the low-income customer does
    not directly pay for energy. Priority shall be given to
    projects that demonstrate meaningful involvement of
    low-income community members in designing the initial
    proposals. Acceptable proposals to implement projects must
    demonstrate the applicant's ability to conduct initial
    community outreach, education, and recruitment of
    low-income participants in the community. Projects must
    include job training opportunities if available, with the
    specific level of trainee usage to be determined through
    the Agency's long-term renewable resources procurement
    plan, and the Illinois Solar for All Program Administrator
    shall coordinate with the job training programs described
    in paragraph (1) of subsection (a) of Section 16-108.12 of
    the Public Utilities Act and in the Energy Transition Act.
        The Agency shall make every effort to ensure that
    small and emerging businesses, particularly those located
    in low-income and environmental justice communities, are
    able to participate in the Illinois Solar for All Program.
    These efforts may include, but shall not be limited to,
    proactive support from the program administrator,
    different or preferred access to subprograms and
    administrator-identified customers or grassroots
    education provider-identified customers, and different
    incentive levels. The Agency shall report on progress and
    barriers to participation of small and emerging businesses
    in the Illinois Solar for All Program at least once a year.
    The report shall be made available on the Agency's website
    and, in years when the Agency is updating its long-term
    renewable resources procurement plan, included in that
    Plan.
            (A) Low-income single-family and small multifamily
        solar incentive. This program will provide incentives
        to low-income customers, either directly or through
        solar providers, to increase the participation of
        low-income households in photovoltaic on-site
        distributed generation at residential buildings
        containing one to 4 units. Companies participating in
        this program that install solar panels shall commit to
        hiring job trainees for a portion of their low-income
        installations, and an administrator shall facilitate
        partnering the companies that install solar panels
        with entities that provide solar panel installation
        job training. It is a goal of this program that a
        minimum of 25% of the incentives for this program be
        allocated to projects located within environmental
        justice communities. Contracts entered into under this
        paragraph may be entered into with an entity that will
        develop and administer the program and shall also
        include contracts for renewable energy credits from
        the photovoltaic distributed generation that is the
        subject of the program, as set forth in the long-term
        renewable resources procurement plan. Additionally:
                (i) The Agency shall reserve a portion of this
            program for projects that promote energy
            sovereignty through ownership of projects by
            low-income households, not-for-profit
            organizations providing services to low-income
            households, affordable housing owners, community
            cooperatives, or community-based limited liability
            companies providing services to low-income
            households. Projects that feature energy ownership
            should ensure that local people have control of
            the project and reap benefits from the project
            over and above energy bill savings. The Agency may
            consider the inclusion of projects that promote
            ownership over time or that involve partial
            project ownership by communities, as promoting
            energy sovereignty. Incentives for projects that
            promote energy sovereignty may be higher than
            incentives for equivalent projects that do not
            promote energy sovereignty under this same
            program.
                (ii) Through its long-term renewable resources
            procurement plan, the Agency shall consider
            additional program and contract requirements to
            ensure faithful compliance by applicants
            benefiting from preferences for projects
            designated to promote energy sovereignty. The
            Agency shall make every effort to enable solar
            providers already participating in the Adjustable
            Block Program Block-Program under subparagraph (K)
            of paragraph (1) of subsection (c) of Section 1-75
            of this Act, and particularly solar providers
            developing projects under item (i) of subparagraph
            (K) of paragraph (1) of subsection (c) of Section
            1-75 of this Act to easily participate in the
            Low-Income Distributed Generation Incentive
            program described under this subparagraph (A), and
            vice versa. This effort may include, but shall not
            be limited to, utilizing similar or the same
            application systems and processes, similar or the
            same forms and formats of communication, and
            providing active outreach to companies
            participating in one program but not the other.
            The Agency shall report on efforts made to
            encourage this cross-participation in its
            long-term renewable resources procurement plan.
            (B) Low-Income Community Solar Project Initiative.
        Incentives shall be offered to low-income customers,
        either directly or through developers, to increase the
        participation of low-income subscribers of community
        solar projects. The developer of each project shall
        identify its partnership with community stakeholders
        regarding the location, development, and participation
        in the project, provided that nothing shall preclude a
        project from including an anchor tenant that does not
        qualify as low-income. Companies participating in this
        program that develop or install solar projects shall
        commit to hiring job trainees for a portion of their
        low-income installations, and an administrator shall
        facilitate partnering the companies that install solar
        projects with entities that provide solar installation
        and related job training. It is a goal of this program
        that a minimum of 25% of the incentives for this
        program be allocated to community photovoltaic
        projects in environmental justice communities. The
        Agency shall reserve a portion of this program for
        projects that promote energy sovereignty through
        ownership of projects by low-income households,
        not-for-profit organizations providing services to
        low-income households, affordable housing owners, or
        community-based limited liability companies providing
        services to low-income households. Projects that
        feature energy ownership should ensure that local
        people have control of the project and reap benefits
        from the project over and above energy bill savings.
        The Agency may consider the inclusion of projects that
        promote ownership over time or that involve partial
        project ownership by communities, as promoting energy
        sovereignty. Incentives for projects that promote
        energy sovereignty may be higher than incentives for
        equivalent projects that do not promote energy
        sovereignty under this same program. Contracts entered
        into under this paragraph may be entered into with
        developers and shall also include contracts for
        renewable energy credits related to the program.
            (C) Incentives for non-profits and public
        facilities. Under this program funds shall be used to
        support on-site photovoltaic distributed renewable
        energy generation devices to serve the load associated
        with not-for-profit customers and to support
        photovoltaic distributed renewable energy generation
        that uses photovoltaic technology to serve the load
        associated with public sector customers taking service
        at public buildings. Companies participating in this
        program that develop or install solar projects shall
        commit to hiring job trainees for a portion of their
        low-income installations, and an administrator shall
        facilitate partnering the companies that install solar
        projects with entities that provide solar installation
        and related job training. Through its long-term
        renewable resources procurement plan, the Agency shall
        consider additional program and contract requirements
        to ensure faithful compliance by applicants benefiting
        from preferences for projects designated to promote
        energy sovereignty. It is a goal of this program that
        at least 25% of the incentives for this program be
        allocated to projects located in environmental justice
        communities. Contracts entered into under this
        paragraph may be entered into with an entity that will
        develop and administer the program or with developers
        and shall also include contracts for renewable energy
        credits related to the program.
            (D) (Blank).
            (E) Low-income large multifamily solar incentive.
        This program shall provide incentives to low-income
        customers, either directly or through solar providers,
        to increase the participation of low-income households
        in photovoltaic on-site distributed generation at
        residential buildings with 5 or more units. Companies
        participating in this program that develop or install
        solar projects shall commit to hiring job trainees for
        a portion of their low-income installations, and an
        administrator shall facilitate partnering the
        companies that install solar projects with entities
        that provide solar installation and related job
        training. It is a goal of this program that a minimum
        of 25% of the incentives for this program be allocated
        to projects located within environmental justice
        communities. The Agency shall reserve a portion of
        this program for projects that promote energy
        sovereignty through ownership of projects by
        low-income households, not-for-profit organizations
        providing services to low-income households,
        affordable housing owners, or community-based limited
        liability companies providing services to low-income
        households. Projects that feature energy ownership
        should ensure that local people have control of the
        project and reap benefits from the project over and
        above energy bill savings. The Agency may consider the
        inclusion of projects that promote ownership over time
        or that involve partial project ownership by
        communities, as promoting energy sovereignty.
        Incentives for projects that promote energy
        sovereignty may be higher than incentives for
        equivalent projects that do not promote energy
        sovereignty under this same program.
        The requirement that a qualified person, as defined in
    paragraph (1) of subsection (i) of this Section, install
    photovoltaic devices does not apply to the Illinois Solar
    for All Program described in this subsection (b).
        In addition to the programs outlined in paragraphs (A)
    through (E), the Agency and other parties may propose
    additional programs through the Long-Term Renewable
    Resources Procurement Plan developed and approved under
    paragraph (5) of subsection (b) of Section 16-111.5 of the
    Public Utilities Act. Additional programs may target
    market segments not specified above and may also include
    incentives targeted to increase the uptake of
    nonphotovoltaic technologies by low-income customers,
    including energy storage paired with photovoltaics, if the
    Commission determines that the Illinois Solar for All
    Program would provide greater benefits to the public
    health and well-being of low-income residents through also
    supporting that additional program versus supporting
    programs already authorized.
        (3) Costs associated with the Illinois Solar for All
    Program and its components described in paragraph (2) of
    this subsection (b), including, but not limited to, costs
    associated with procuring experts, consultants, and the
    program administrator referenced in this subsection (b)
    and related incremental costs, costs related to income
    verification and facilitating customer participation in
    the program, and costs related to the evaluation of the
    Illinois Solar for All Program, may be paid for using
    monies in the Illinois Power Agency Renewable Energy
    Resources Fund, and funds allocated pursuant to
    subparagraph (O) of paragraph (1) of subsection (c) of
    Section 1-75, but the Agency or program administrator
    shall strive to minimize costs in the implementation of
    the program. The Agency or contracting electric utility
    shall purchase renewable energy credits from generation
    that is the subject of a contract under subparagraphs (A)
    through (E) of paragraph (2) of this subsection (b), and
    may pay for such renewable energy credits through an
    upfront payment per installed kilowatt of nameplate
    capacity paid once the device is interconnected at the
    distribution system level of the interconnecting utility
    and verified as energized. Payments for renewable energy
    credits shall be in exchange for all renewable energy
    credits generated by the system during the first 15 years
    of operation and shall be structured to overcome barriers
    to participation in the solar market by the low-income
    community. The incentives provided for in this Section may
    be implemented through the pricing of renewable energy
    credits where the prices paid for the credits are higher
    than the prices from programs offered under subsection (c)
    of Section 1-75 of this Act to account for the additional
    capital necessary to successfully access targeted market
    segments. The Agency or contracting electric utility shall
    retire any renewable energy credits purchased under this
    program and the credits shall count toward towards the
    obligation under subsection (c) of Section 1-75 of this
    Act for the electric utility to which the project is
    interconnected, if applicable.
        The Agency shall direct that up to 5% of the funds
    available under the Illinois Solar for All Program to
    community-based groups and other qualifying organizations
    to assist in community-driven education efforts related to
    the Illinois Solar for All Program, including general
    energy education, job training program outreach efforts,
    and other activities deemed to be qualified by the Agency.
    Grassroots education funding shall not be used to support
    the marketing by solar project development firms and
    organizations, unless such education provides equal
    opportunities for all applicable firms and organizations.
        (4) The Agency shall, consistent with the requirements
    of this subsection (b), propose the Illinois Solar for All
    Program terms, conditions, and requirements, including the
    prices to be paid for renewable energy credits, and which
    prices may be determined through a formula, through the
    development, review, and approval of the Agency's
    long-term renewable resources procurement plan described
    in subsection (c) of Section 1-75 of this Act and Section
    16-111.5 of the Public Utilities Act. In the course of the
    Commission proceeding initiated to review and approve the
    plan, including the Illinois Solar for All Program
    proposed by the Agency, a party may propose an additional
    low-income solar or solar incentive program, or
    modifications to the programs proposed by the Agency, and
    the Commission may approve an additional program, or
    modifications to the Agency's proposed program, if the
    additional or modified program more effectively maximizes
    the benefits to low-income customers after taking into
    account all relevant factors, including, but not limited
    to, the extent to which a competitive market for
    low-income solar has developed. Following the Commission's
    approval of the Illinois Solar for All Program, the Agency
    or a party may propose adjustments to the program terms,
    conditions, and requirements, including the price offered
    to new systems, to ensure the long-term viability and
    success of the program. The Commission shall review and
    approve any modifications to the program through the plan
    revision process described in Section 16-111.5 of the
    Public Utilities Act.
        (5) The Agency shall issue a request for
    qualifications for a third-party program administrator or
    administrators to administer all or a portion of the
    Illinois Solar for All Program. The third-party program
    administrator shall be chosen through a competitive bid
    process based on selection criteria and requirements
    developed by the Agency, including, but not limited to,
    experience in administering low-income energy programs and
    overseeing statewide clean energy or energy efficiency
    services. If the Agency retains a program administrator or
    administrators to implement all or a portion of the
    Illinois Solar for All Program, each administrator shall
    periodically submit reports to the Agency and Commission
    for each program that it administers, at appropriate
    intervals to be identified by the Agency in its long-term
    renewable resources procurement plan, provided that the
    reporting interval is at least quarterly. The third-party
    program administrator may be, but need not be, the same
    administrator as for the Adjustable Block program
    described in subparagraphs (K) through (M) of paragraph
    (1) of subsection (c) of Section 1-75. The Agency, through
    its long-term renewable resources procurement plan
    approval process, shall also determine if individual
    subprograms of the Illinois Solar for All Program are
    better served by a different or separate Program
    Administrator.
        The third-party administrator's responsibilities
    shall also include facilitating placement for graduates of
    Illinois-based renewable energy-specific job training
    programs, including the Clean Jobs Workforce Network
    Program and the Illinois Climate Works Preapprenticeship
    Program administered by the Department of Commerce and
    Economic Opportunity and programs administered under
    Section 16-108.12 of the Public Utilities Act. To increase
    the uptake of trainees by participating firms, the
    administrator shall also develop a web-based clearinghouse
    for information available to both job training program
    graduates and firms participating, directly or indirectly,
    in Illinois solar incentive programs. The program
    administrator shall also coordinate its activities with
    entities implementing electric and natural gas
    income-qualified energy efficiency programs, including
    customer referrals to and from such programs, and connect
    prospective low-income solar customers with any existing
    deferred maintenance programs where applicable.
        (6) The long-term renewable resources procurement plan
    shall also provide for an independent evaluation of the
    Illinois Solar for All Program. At least every 2 years,
    the Agency shall select an independent evaluator to review
    and report on the Illinois Solar for All Program and the
    performance of the third-party program administrator of
    the Illinois Solar for All Program. The evaluation shall
    be based on objective criteria developed through a public
    stakeholder process. The process shall include feedback
    and participation from Illinois Solar for All Program
    stakeholders, including participants and organizations in
    environmental justice and historically underserved
    communities. The report shall include a summary of the
    evaluation of the Illinois Solar for All Program based on
    the stakeholder developed objective criteria. The report
    shall include the number of projects installed; the total
    installed capacity in kilowatts; the average cost per
    kilowatt of installed capacity to the extent reasonably
    obtainable by the Agency; the number of jobs or job
    opportunities created; economic, social, and environmental
    benefits created; and the total administrative costs
    expended by the Agency and program administrator to
    implement and evaluate the program. The report shall be
    delivered to the Commission and posted on the Agency's
    website, and shall be used, as needed, to revise the
    Illinois Solar for All Program. The Commission shall also
    consider the results of the evaluation as part of its
    review of the long-term renewable resources procurement
    plan under subsection (c) of Section 1-75 of this Act.
        (7) If additional funding for the programs described
    in this subsection (b) is available under subsection (k)
    of Section 16-108 of the Public Utilities Act, then the
    Agency shall submit a procurement plan to the Commission
    no later than September 1, 2018, that proposes how the
    Agency will procure programs on behalf of the applicable
    utility. After notice and hearing, the Commission shall
    approve, or approve with modification, the plan no later
    than November 1, 2018.
        (8) As part of the development and update of the
    long-term renewable resources procurement plan authorized
    by subsection (c) of Section 1-75 of this Act, the Agency
    shall plan for: (A) actions to refer customers from the
    Illinois Solar for All Program to electric and natural gas
    income-qualified energy efficiency programs, and vice
    versa, with the goal of increasing participation in both
    of these programs; (B) effective procedures for data
    sharing, as needed, to effectuate referrals between the
    Illinois Solar for All Program and both electric and
    natural gas income-qualified energy efficiency programs,
    including sharing customer information directly with the
    utilities, as needed and appropriate; and (C) efforts to
    identify any existing deferred maintenance programs for
    which prospective Solar for All Program customers may be
    eligible and connect prospective customers for whom
    deferred maintenance is or may be a barrier to solar
    installation to those programs.
    As used in this subsection (b), "low-income households"
means persons and families whose income does not exceed 80% of
area median income, adjusted for family size and revised every
5 years.
    For the purposes of this subsection (b), the Agency shall
define "environmental justice community" based on the
methodologies and findings established by the Agency and the
Administrator for the Illinois Solar for All Program in its
initial long-term renewable resources procurement plan and as
updated by the Agency and the Administrator for the Illinois
Solar for All Program as part of the long-term renewable
resources procurement plan update.
    (b-5) After the receipt of all payments required by
Section 16-115D of the Public Utilities Act, no additional
funds shall be deposited into the Illinois Power Agency
Renewable Energy Resources Fund unless directed by order of
the Commission.
    (b-10) After the receipt of all payments required by
Section 16-115D of the Public Utilities Act and payment in
full of all contracts executed by the Agency under subsections
(b) and (i) of this Section, if the balance of the Illinois
Power Agency Renewable Energy Resources Fund is under $5,000,
then the Fund shall be inoperative and any remaining funds and
any funds submitted to the Fund after that date, shall be
transferred to the Supplemental Low-Income Energy Assistance
Fund for use in the Low-Income Home Energy Assistance Program,
as authorized by the Energy Assistance Act.
    (b-15) The prevailing wage requirements set forth in the
Prevailing Wage Act apply to each project that is undertaken
pursuant to one or more of the programs of incentives and
initiatives described in subsection (b) of this Section and
for which a project application is submitted to the program
after the effective date of this amendatory Act of the 103rd
General Assembly, except (i) projects that serve single-family
or multi-family residential buildings and (ii) projects with
an aggregate capacity of less than 100 kilowatts that serve
houses of worship. The Agency shall require verification that
all construction performed on a project by the renewable
energy credit delivery contract holder, its contractors, or
its subcontractors relating to the construction of the
facility is performed by workers receiving an amount for that
work that is greater than or equal to the general prevailing
rate of wages as that term is defined in the Prevailing Wage
Act, and the Agency may adjust renewable energy credit prices
to account for increased labor costs.
    In this subsection (b-15), "house of worship" has the
meaning given in subparagraph (Q) of paragraph (1) of
subsection (c) of Section 1-75.
    (c) (Blank).
    (d) (Blank).
    (e) All renewable energy credits procured using monies
from the Illinois Power Agency Renewable Energy Resources Fund
shall be permanently retired.
    (f) The selection of one or more third-party program
managers or administrators, the selection of the independent
evaluator, and the procurement processes described in this
Section are exempt from the requirements of the Illinois
Procurement Code, under Section 20-10 of that Code.
    (g) All disbursements from the Illinois Power Agency
Renewable Energy Resources Fund shall be made only upon
warrants of the Comptroller drawn upon the Treasurer as
custodian of the Fund upon vouchers signed by the Director or
by the person or persons designated by the Director for that
purpose. The Comptroller is authorized to draw the warrant
upon vouchers so signed. The Treasurer shall accept all
warrants so signed and shall be released from liability for
all payments made on those warrants.
    (h) The Illinois Power Agency Renewable Energy Resources
Fund shall not be subject to sweeps, administrative charges,
or chargebacks, including, but not limited to, those
authorized under Section 8h of the State Finance Act, that
would in any way result in the transfer of any funds from this
Fund to any other fund of this State or in having any such
funds utilized for any purpose other than the express purposes
set forth in this Section.
    (h-5) The Agency may assess fees to each bidder to recover
the costs incurred in connection with a procurement process
held under this Section. Fees collected from bidders shall be
deposited into the Renewable Energy Resources Fund.
    (i) Supplemental procurement process.
        (1) Within 90 days after June 30, 2014 (the effective
    date of Public Act 98-672) this amendatory Act of the 98th
    General Assembly, the Agency shall develop a one-time
    supplemental procurement plan limited to the procurement
    of renewable energy credits, if available, from new or
    existing photovoltaics, including, but not limited to,
    distributed photovoltaic generation. Nothing in this
    subsection (i) requires procurement of wind generation
    through the supplemental procurement.
        Renewable energy credits procured from new
    photovoltaics, including, but not limited to, distributed
    photovoltaic generation, under this subsection (i) must be
    procured from devices installed by a qualified person. In
    its supplemental procurement plan, the Agency shall
    establish contractually enforceable mechanisms for
    ensuring that the installation of new photovoltaics is
    performed by a qualified person.
        For the purposes of this paragraph (1), "qualified
    person" means a person who performs installations of
    photovoltaics, including, but not limited to, distributed
    photovoltaic generation, and who: (A) has completed an
    apprenticeship as a journeyman electrician from a United
    States Department of Labor registered electrical
    apprenticeship and training program and received a
    certification of satisfactory completion; or (B) does not
    currently meet the criteria under clause (A) of this
    paragraph (1), but is enrolled in a United States
    Department of Labor registered electrical apprenticeship
    program, provided that the person is directly supervised
    by a person who meets the criteria under clause (A) of this
    paragraph (1); or (C) has obtained one of the following
    credentials in addition to attesting to satisfactory
    completion of at least 5 years or 8,000 hours of
    documented hands-on electrical experience: (i) a North
    American Board of Certified Energy Practitioners (NABCEP)
    Installer Certificate for Solar PV; (ii) an Underwriters
    Laboratories (UL) PV Systems Installer Certificate; (iii)
    an Electronics Technicians Association, International
    (ETAI) Level 3 PV Installer Certificate; or (iv) an
    Associate in Applied Science degree from an Illinois
    Community College Board approved community college program
    in renewable energy or a distributed generation
    technology.
        For the purposes of this paragraph (1), "directly
    supervised" means that there is a qualified person who
    meets the qualifications under clause (A) of this
    paragraph (1) and who is available for supervision and
    consultation regarding the work performed by persons under
    clause (B) of this paragraph (1), including a final
    inspection of the installation work that has been directly
    supervised to ensure safety and conformity with applicable
    codes.
        For the purposes of this paragraph (1), "install"
    means the major activities and actions required to
    connect, in accordance with applicable building and
    electrical codes, the conductors, connectors, and all
    associated fittings, devices, power outlets, or
    apparatuses mounted at the premises that are directly
    involved in delivering energy to the premises' electrical
    wiring from the photovoltaics, including, but not limited
    to, to distributed photovoltaic generation.
        The renewable energy credits procured pursuant to the
    supplemental procurement plan shall be procured using up
    to $30,000,000 from the Illinois Power Agency Renewable
    Energy Resources Fund. The Agency shall not plan to use
    funds from the Illinois Power Agency Renewable Energy
    Resources Fund in excess of the monies on deposit in such
    fund or projected to be deposited into such fund. The
    supplemental procurement plan shall ensure adequate,
    reliable, affordable, efficient, and environmentally
    sustainable renewable energy resources (including credits)
    at the lowest total cost over time, taking into account
    any benefits of price stability.
        To the extent available, 50% of the renewable energy
    credits procured from distributed renewable energy
    generation shall come from devices of less than 25
    kilowatts in nameplate capacity. Procurement of renewable
    energy credits from distributed renewable energy
    generation devices shall be done through multi-year
    contracts of no less than 5 years. The Agency shall create
    credit requirements for counterparties. In order to
    minimize the administrative burden on contracting
    entities, the Agency shall solicit the use of third
    parties to aggregate distributed renewable energy. These
    third parties shall enter into and administer contracts
    with individual distributed renewable energy generation
    device owners. An individual distributed renewable energy
    generation device owner shall have the ability to measure
    the output of his or her distributed renewable energy
    generation device.
        In developing the supplemental procurement plan, the
    Agency shall hold at least one workshop open to the public
    within 90 days after June 30, 2014 (the effective date of
    Public Act 98-672) this amendatory Act of the 98th General
    Assembly and shall consider any comments made by
    stakeholders or the public. Upon development of the
    supplemental procurement plan within this 90-day period,
    copies of the supplemental procurement plan shall be
    posted and made publicly available on the Agency's and
    Commission's websites. All interested parties shall have
    14 days following the date of posting to provide comment
    to the Agency on the supplemental procurement plan. All
    comments submitted to the Agency shall be specific,
    supported by data or other detailed analyses, and, if
    objecting to all or a portion of the supplemental
    procurement plan, accompanied by specific alternative
    wording or proposals. All comments shall be posted on the
    Agency's and Commission's websites. Within 14 days
    following the end of the 14-day review period, the Agency
    shall revise the supplemental procurement plan as
    necessary based on the comments received and file its
    revised supplemental procurement plan with the Commission
    for approval.
        (2) Within 5 days after the filing of the supplemental
    procurement plan at the Commission, any person objecting
    to the supplemental procurement plan shall file an
    objection with the Commission. Within 10 days after the
    filing, the Commission shall determine whether a hearing
    is necessary. The Commission shall enter its order
    confirming or modifying the supplemental procurement plan
    within 90 days after the filing of the supplemental
    procurement plan by the Agency.
        (3) The Commission shall approve the supplemental
    procurement plan of renewable energy credits to be
    procured from new or existing photovoltaics, including,
    but not limited to, distributed photovoltaic generation,
    if the Commission determines that it will ensure adequate,
    reliable, affordable, efficient, and environmentally
    sustainable electric service in the form of renewable
    energy credits at the lowest total cost over time, taking
    into account any benefits of price stability.
        (4) The supplemental procurement process under this
    subsection (i) shall include each of the following
    components:
            (A) Procurement administrator. The Agency may
        retain a procurement administrator in the manner set
        forth in item (2) of subsection (a) of Section 1-75 of
        this Act to conduct the supplemental procurement or
        may elect to use the same procurement administrator
        administering the Agency's annual procurement under
        Section 1-75.
            (B) Procurement monitor. The procurement monitor
        retained by the Commission pursuant to Section
        16-111.5 of the Public Utilities Act shall:
                (i) monitor interactions among the procurement
            administrator and bidders and suppliers;
                (ii) monitor and report to the Commission on
            the progress of the supplemental procurement
            process;
                (iii) provide an independent confidential
            report to the Commission regarding the results of
            the procurement events;
                (iv) assess compliance with the procurement
            plan approved by the Commission for the
            supplemental procurement process;
                (v) preserve the confidentiality of supplier
            and bidding information in a manner consistent
            with all applicable laws, rules, regulations, and
            tariffs;
                (vi) provide expert advice to the Commission
            and consult with the procurement administrator
            regarding issues related to procurement process
            design, rules, protocols, and policy-related
            matters;
                (vii) consult with the procurement
            administrator regarding the development and use of
            benchmark criteria, standard form contracts,
            credit policies, and bid documents; and
                (viii) perform, with respect to the
            supplemental procurement process, any other
            procurement monitor duties specifically delineated
            within subsection (i) of this Section.
            (C) Solicitation, prequalification
        pre-qualification, and registration of bidders. The
        procurement administrator shall disseminate
        information to potential bidders to promote a
        procurement event, notify potential bidders that the
        procurement administrator may enter into a post-bid
        price negotiation with bidders that meet the
        applicable benchmarks, provide supply requirements,
        and otherwise explain the competitive procurement
        process. In addition to such other publication as the
        procurement administrator determines is appropriate,
        this information shall be posted on the Agency's and
        the Commission's websites. The procurement
        administrator shall also administer the
        prequalification process, including evaluation of
        credit worthiness, compliance with procurement rules,
        and agreement to the standard form contract developed
        pursuant to item (D) of this paragraph (4). The
        procurement administrator shall then identify and
        register bidders to participate in the procurement
        event.
            (D) Standard contract forms and credit terms and
        instruments. The procurement administrator, in
        consultation with the Agency, the Commission, and
        other interested parties and subject to Commission
        oversight, shall develop and provide standard contract
        forms for the supplier contracts that meet generally
        accepted industry practices as well as include any
        applicable State of Illinois terms and conditions that
        are required for contracts entered into by an agency
        of the State of Illinois. Standard credit terms and
        instruments that meet generally accepted industry
        practices shall be similarly developed. Contracts for
        new photovoltaics shall include a provision attesting
        that the supplier will use a qualified person for the
        installation of the device pursuant to paragraph (1)
        of subsection (i) of this Section. The procurement
        administrator shall make available to the Commission
        all written comments it receives on the contract
        forms, credit terms, or instruments. If the
        procurement administrator cannot reach agreement with
        the parties as to the contract terms and conditions,
        the procurement administrator must notify the
        Commission of any disputed terms and the Commission
        shall resolve the dispute. The terms of the contracts
        shall not be subject to negotiation by winning
        bidders, and the bidders must agree to the terms of the
        contract in advance so that winning bids are selected
        solely on the basis of price.
            (E) Requests for proposals; competitive
        procurement process. The procurement administrator
        shall design and issue requests for proposals to
        supply renewable energy credits in accordance with the
        supplemental procurement plan, as approved by the
        Commission. The requests for proposals shall set forth
        a procedure for sealed, binding commitment bidding
        with pay-as-bid settlement, and provision for
        selection of bids on the basis of price, provided,
        however, that no bid shall be accepted if it exceeds
        the benchmark developed pursuant to item (F) of this
        paragraph (4).
            (F) Benchmarks. Benchmarks for each product to be
        procured shall be developed by the procurement
        administrator in consultation with Commission staff,
        the Agency, and the procurement monitor for use in
        this supplemental procurement.
            (G) A plan for implementing contingencies in the
        event of supplier default, Commission rejection of
        results, or any other cause.
        (5) Within 2 business days after opening the sealed
    bids, the procurement administrator shall submit a
    confidential report to the Commission. The report shall
    contain the results of the bidding for each of the
    products along with the procurement administrator's
    recommendation for the acceptance and rejection of bids
    based on the price benchmark criteria and other factors
    observed in the process. The procurement monitor also
    shall submit a confidential report to the Commission
    within 2 business days after opening the sealed bids. The
    report shall contain the procurement monitor's assessment
    of bidder behavior in the process as well as an assessment
    of the procurement administrator's compliance with the
    procurement process and rules. The Commission shall review
    the confidential reports submitted by the procurement
    administrator and procurement monitor and shall accept or
    reject the recommendations of the procurement
    administrator within 2 business days after receipt of the
    reports.
        (6) Within 3 business days after the Commission
    decision approving the results of a procurement event, the
    Agency shall enter into binding contractual arrangements
    with the winning suppliers using the standard form
    contracts.
        (7) The names of the successful bidders and the
    average of the winning bid prices for each contract type
    and for each contract term shall be made available to the
    public within 2 days after the supplemental procurement
    event. The Commission, the procurement monitor, the
    procurement administrator, the Agency, and all
    participants in the procurement process shall maintain the
    confidentiality of all other supplier and bidding
    information in a manner consistent with all applicable
    laws, rules, regulations, and tariffs. Confidential
    information, including the confidential reports submitted
    by the procurement administrator and procurement monitor
    pursuant to this Section, shall not be made publicly
    available and shall not be discoverable by any party in
    any proceeding, absent a compelling demonstration of need,
    nor shall those reports be admissible in any proceeding
    other than one for law enforcement purposes.
        (8) The supplemental procurement provided in this
    subsection (i) shall not be subject to the requirements
    and limitations of subsections (c) and (d) of this
    Section.
        (9) Expenses incurred in connection with the
    procurement process held pursuant to this Section,
    including, but not limited to, the cost of developing the
    supplemental procurement plan, the procurement
    administrator, procurement monitor, and the cost of the
    retirement of renewable energy credits purchased pursuant
    to the supplemental procurement shall be paid for from the
    Illinois Power Agency Renewable Energy Resources Fund. The
    Agency shall enter into an interagency agreement with the
    Commission to reimburse the Commission for its costs
    associated with the procurement monitor for the
    supplemental procurement process.
(Source: P.A. 102-662, eff. 9-15-21; 103-188, eff. 6-30-23;
revised 9-20-23.)
 
    Section 130. The Illinois Criminal Justice Information Act
is amended by changing Section 4 as follows:
 
    (20 ILCS 3930/4)  (from Ch. 38, par. 210-4)
    Sec. 4. Illinois Criminal Justice Information Authority;
creation, membership, and meetings. There is created an
Illinois Criminal Justice Information Authority consisting of
25 members. The membership of the Authority shall consist of:
        (1) the Illinois Attorney General or the Illinois
    Attorney General's designee;
        (2) the Director of Corrections or the Director's
    designee;
        (3) the Director of the Illinois State Police or the
    Director's designee;
        (4) the Director of Public Health or the Director's
    designee;
        (5) the Director of Children and Family Services or
    the Director's designee;
        (6) the Sheriff of Cook County or the Sheriff's
    designee;
        (7) the State's Attorney of Cook County or the State's
    Attorney's designee;
        (8) the clerk of the circuit court of Cook County or
    the clerk's designee;
        (9) the President of the Cook County Board of
    Commissioners or the President's designee;
        (10) the Superintendent of the Chicago Police
    Department or the Superintendent's designee;
        (11) the Director of the Office of the State's
    Attorneys Appellate Prosecutor or the Director's designee;
        (12) the Executive Director of the Illinois Law
    Enforcement Training Standards Board or the Executive
    Director's designee;
        (13) the State Appellate Defender or the State
    Appellate Defender's designee;
        (14) the Public Defender of Cook County or the Public
    Defender's designee; and
        (15) the following additional members, each of whom
    shall be appointed by the Governor:
            (A) a circuit court clerk;
            (B) a sheriff;
            (C) a State's Attorney of a county other than
        Cook;
            (D) a Public Defender of a county other than Cook;
            (E) a chief of police; and
            (F) 2 individuals who report having been
        incarcerated; and ,
            (G) (F) 4 members of the general public.
    Members appointed on and after August 15, 2014 (the
effective date of Public Act 98-955) this amendatory Act of
the 98th General Assembly shall be confirmed by the Senate.
    The Governor from time to time shall designate a Chairman
of the Authority from the membership. All members of the
Authority appointed by the Governor shall serve at the
pleasure of the Governor for a term not to exceed 4 years. The
initial appointed members of the Authority shall serve from
January, 1983 until the third Monday in January, 1987 or until
their successors are appointed.
    The Authority shall meet at least quarterly, and all
meetings of the Authority shall be called by the Chairman.
(Source: P.A. 102-538, eff. 8-20-21; 102-1129, eff. 2-10-23;
103-276, eff. 7-28-23; revised 9-7-23.)
 
    Section 132. The Illinois Workforce Innovation Board Act
is amended by changing the title of the Act as follows:
 
    (20 ILCS 3975/Act title)
    An Act to create the Illinois Workforce Innovation Board
Human Resource Investment Council.
 
    Section 135. The Illinois State Auditing Act is amended by
changing Section 3-2.3 as follows:
 
    (30 ILCS 5/3-2.3)
    Sec. 3-2.3. Report on Chicago Transit Authority.
    (a) No less than 60 days prior to the issuance of bonds or
notes by the Chicago Transit Authority (referred to as the
"Authority" in this Section) pursuant to Section 12c of the
Metropolitan Transit Authority Act, the following
documentation shall be submitted to the Auditor General and
the Regional Transportation Authority:
        (1) Retirement Plan Documentation. The Authority shall
    submit a certification that:
            (A) it is legally authorized to issue the bonds or
        notes;
            (B) scheduled annual payments of principal and
        interest on the bonds and notes to be issued meet the
        requirements of Section 12c(b)(5) of the Metropolitan
        Transit Authority Act;
            (C) no bond or note shall mature later than
        December 31, 2040;
            (D) after payment of costs of issuance and
        necessary deposits to funds and accounts established
        with respect to debt service on the bonds or notes, the
        net bond and note proceeds (exclusive of any proceeds
        to be used to refund outstanding bonds or notes) will
        be deposited in the Retirement Plan for Chicago
        Transit Authority Employees and used only for the
        purposes required by Section 22-101 of the Illinois
        Pension Code; and
            (E) it has entered into an intergovernmental
        agreement with the City of Chicago under which the
        City of Chicago will provide financial assistance to
        the Authority in an amount equal to the net receipts,
        after fees for costs of collection, from a tax on the
        privilege of transferring title to real estate in the
        City of Chicago in an amount up to $1.50 per $500 of
        value or fraction thereof under the provisions of
        Section 8-3-19 of the Illinois Municipal Code, which
        agreement shall be for a term expiring no earlier than
        the final maturity of bonds or notes that it proposes
        to issue under Section 12c of the Metropolitan Transit
        Authority Act.
        (2) The Board of Trustees of the Retirement Plan for
    Chicago Transit Authority Employees shall submit a
    certification that the Retirement Plan for Chicago Transit
    Authority Employees is operating in accordance with all
    applicable legal and contractual requirements, including
    the following:
            (A) the members of a new Board of Trustees have
        been appointed according to the requirements of
        Section 22-101(b) of the Illinois Pension Code; and
            (B) contribution levels for employees and the
        Authority have been established according to the
        requirements of Section 22-101(d) of the Illinois
        Pension Code.
        (3) Actuarial Report. The Board of Trustees of the
    Retirement Plan for Chicago Transit Authority Employees
    shall submit an actuarial report prepared by an enrolled
    actuary setting forth:
            (A) the method of valuation and the underlying
        assumptions;
            (B) a comparison of the debt service schedules of
        the bonds or notes proposed to be issued to the
        Retirement Plan's current unfunded actuarial accrued
        liability amortization schedule, as required by
        Section 22-101(e) of the Illinois Pension Code, using
        the projected interest cost of the bond or note issue
        as the discount rate to calculate the estimated net
        present value savings;
            (C) the amount of the estimated net present value
        savings comparing the true interest cost of the bonds
        or notes with the actuarial investment return
        assumption of the Retirement Plan; and
            (D) a certification that the net proceeds of the
        bonds or notes, together with anticipated earnings on
        contributions and deposits, will be sufficient to
        reasonably conclude on an actuarial basis that the
        total retirement assets of the Retirement Plan will
        not be less than 90% of its liabilities by the end of
        fiscal year 2059.
        (4) The Authority shall submit a financial analysis
    prepared by an independent advisor. The financial analysis
    must include a determination that the issuance of bonds is
    in the best interest of the Retirement Plan for Chicago
    Transit Authority Employees and the Chicago Transit
    Authority. The independent advisor shall not act as
    underwriter or receive a legal, consulting, or other fee
    related to the issuance of any bond or notes issued by the
    Authority pursuant to Section 12c of the Metropolitan
    Transit Authority Act except compensation due for the
    preparation of the financial analysis.
        (5) Retiree Health Care Trust Documentation. The
    Authority shall submit a certification that:
            (A) it is legally authorized to issue the bonds or
        notes;
            (B) scheduled annual payments of principal and
        interest on the bonds and notes to be issued meets the
        requirements of Section 12c(b)(5) of the Metropolitan
        Transit Authority Act;
            (C) no bond or note shall mature later than
        December 31, 2040;
            (D) after payment of costs of issuance and
        necessary deposits to funds and accounts established
        with respect to debt service on the bonds or notes, the
        net bond and note proceeds (exclusive of any proceeds
        to be used to refund outstanding bonds or notes) will
        be deposited in the Retiree Health Care Trust and used
        only for the purposes required by Section 22-101B of
        the Illinois Pension Code; and
            (E) it has entered into an intergovernmental
        agreement with the City of Chicago under which the
        City of Chicago will provide financial assistance to
        the Authority in an amount equal to the net receipts,
        after fees for costs of collection, from a tax on the
        privilege of transferring title to real estate in the
        City of Chicago in an amount up to $1.50 per $500 of
        value or fraction thereof under the provisions of
        Section 8-3-19 of the Illinois Municipal Code, which
        agreement shall be for a term expiring no earlier than
        the final maturity of bonds or notes that it proposes
        to issue under Section 12c of the Metropolitan Transit
        Authority Act.
        (6) The Board of Trustees of the Retiree Health Care
    Trust shall submit a certification that the Retiree Health
    Care Trust has been established in accordance with all
    applicable legal requirements, including the following:
            (A) the Retiree Health Care Trust has been
        established and a Trust document is in effect to
        govern the Retiree Health Care Trust;
            (B) the members of the Board of Trustees of the
        Retiree Health Care Trust have been appointed
        according to the requirements of Section 22-101B(b)(1)
        of the Illinois Pension Code;
            (C) a health care benefit program for eligible
        retirees and their dependents and survivors has been
        established by the Board of Trustees according to the
        requirements of Section 22-101B(b)(2) of the Illinois
        Pension Code;
            (D) contribution levels have been established for
        retirees, dependents and survivors according to the
        requirements of Section 22-101B(b)(5) of the Illinois
        Pension Code; and
            (E) contribution levels have been established for
        employees of the Authority according to the
        requirements of Section 22-101B(b)(6) of the Illinois
        Pension Code.
        (7) Actuarial Report. The Board of Trustees of the
    Retiree Health Care Trust shall submit an actuarial report
    prepared by an enrolled actuary setting forth:
            (A) the method of valuation and the underlying
        assumptions;
            (B) a comparison of the projected interest cost of
        the bonds or notes proposed to be issued with the
        actuarial investment return assumption of the Retiree
        Health Care Trust; and
            (C) a certification that the net proceeds of the
        bonds or notes, together with anticipated earnings on
        contributions and deposits, will be sufficient to
        adequately fund the actuarial present value of
        projected benefits expected to be paid under the
        Retiree Health Care Trust, or a certification of the
        increases in contribution levels and decreases in
        benefit levels that would be required in order to cure
        any funding shortfall over a period of not more than 10
        years.
        (8) The Authority shall submit a financial analysis
    prepared by an independent advisor. The financial analysis
    must include a determination that the issuance of bonds is
    in the best interest of the Retiree Health Care Trust and
    the Chicago Transit Authority. The independent advisor
    shall not act as underwriter or receive a legal,
    consulting, or other fee related to the issuance of any
    bond or notes issued by the Authority pursuant to Section
    12c of the Metropolitan Transit Authority Act except
    compensation due for the preparation of the financial
    analysis.
    (b) The Auditor General shall examine the information
submitted pursuant to Section 3-2.3(a)(1) through (4) and
submit a report to the General Assembly, the Legislative Audit
Commission, the Governor, the Regional Transportation
Authority and the Authority indicating whether (i) the
required certifications by the Authority and the Board of
Trustees of the Retirement Plan have been made, and (ii) the
actuarial reports have been provided, the reports include all
required information, the assumptions underlying those reports
are not unreasonable in the aggregate, and the reports appear
to comply with all pertinent professional standards, including
those issued by the Actuarial Standards Board. The Auditor
General shall submit such report no later than 60 days after
receiving the information required to be submitted by the
Authority and the Board of Trustees of the Retirement Plan.
Any bonds or notes issued by the Authority under item (1) of
subsection (b) of Section 12c of the Metropolitan Transit
Authority Act shall be issued within 120 days after receiving
such report from the Auditor General. The Authority may not
issue bonds or notes until it receives the report from the
Auditor General indicating the above requirements have been
met.
    (c) The Auditor General shall examine the information
submitted pursuant to Section 3-2.3(a)(5) through (8) and
submit a report to the General Assembly, the Legislative Audit
Commission, the Governor, the Regional Transportation
Authority and the Authority indicating whether (i) the
required certifications by the Authority and the Board of
Trustees of the Retiree Health Care Trust have been made, and
(ii) the actuarial reports have been provided, the reports
include all required information, the assumptions underlying
those reports are not unreasonable in the aggregate, and the
reports appear to comply with all pertinent professional
standards, including those issued by the Actuarial Standards
Board. The Auditor General shall submit such report no later
than 60 days after receiving the information required to be
submitted by the Authority and the Board of Trustees of the
Retiree Health Care Trust. Any bonds or notes issued by the
Authority under item (2) of subsection (b) of Section 12c of
the Metropolitan Transit Authority Act shall be issued within
120 days after receiving such report from the Auditor General.
The Authority may not issue bonds or notes until it receives a
report from the Auditor General indicating the above
requirements have been met.
    (d) In fulfilling this duty, after receiving the
information submitted pursuant to Section 3-2.3(a), the
Auditor General may request additional information and support
pertaining to the data and conclusions contained in the
submitted documents and the Authority, the Board of Trustees
of the Retirement Plan and the Board of Trustees of the Retiree
Health Care Trust shall cooperate with the Auditor General and
provide additional information as requested in a timely
manner. The Auditor General may also request from the Regional
Transportation Authority an analysis of the information
submitted by the Authority relating to the sources of funds to
be utilized for payment of the proposed bonds or notes of the
Authority. The Auditor General's report shall not be in the
nature of a post-audit or examination and shall not lead to the
issuance of an opinion as that term is defined in generally
accepted government auditing standards.
    (e) Annual Retirement Plan Submission to Auditor General.
The Board of Trustees of the Retirement Plan for Chicago
Transit Authority Employees established by Section 22-101 of
the Illinois Pension Code shall provide the following
documents to the Auditor General annually no later than
September 30:
        (1) the most recent audit or examination of the
    Retirement Plan;
        (2) an annual statement containing the information
    specified in Section 1A-109 of the Illinois Pension Code;
    and
        (3) a complete actuarial statement applicable to the
    prior plan year, which may be the annual report of an
    enrolled actuary retained by the Retirement Plan specified
    in Section 22-101(e) of the Illinois Pension Code.
    The Auditor General shall annually examine the information
provided pursuant to this subsection and shall submit a report
of the analysis thereof to the General Assembly, including the
report specified in Section 22-101(e) of the Illinois Pension
Code.
    (f) The Auditor General shall annually examine the
information submitted pursuant to Section 22-101B(b)(3)(iii)
of the Illinois Pension Code and shall prepare the
determination specified in Section 22-101B(b)(3)(iv) of the
Illinois Pension Code.
    (g) In fulfilling the duties under Sections 3-2.3(e) and
(f), the Auditor General may request additional information
and support pertaining to the data and conclusions contained
in the submitted documents, and the Authority, the Board of
Trustees of the Retirement Plan, and the Board of Trustees of
the Retiree Health Care Trust shall cooperate with the Auditor
General and provide additional information as requested in a
timely manner. The Auditor General's review shall not be in
the nature of a post-audit or examination and shall not lead to
the issuance of an opinion as that term is defined in generally
accepted government auditing standards. Upon request of the
Auditor General, the Commission on Government Forecasting and
Accountability and the Public Pension Division of the
Department of Insurance Illinois Department of Financial and
Professional Regulation shall cooperate with and assist the
Auditor General in the conduct of his review.
    (h) The Auditor General shall submit a bill to the
Authority for costs associated with the examinations and
reports specified in subsections (b) and (c) of this Section
3-2.3, which the Authority shall reimburse in a timely manner.
The costs associated with the examinations and reports which
are reimbursed by the Authority shall constitute a cost of
issuance of the bonds or notes under Section 12c(b)(1) and (2)
of the Metropolitan Transit Authority Act. The amount received
shall be deposited into the fund or funds from which such costs
were paid by the Auditor General. The Auditor General shall
submit a bill to the Retirement Plan for Chicago Transit
Authority Employees for costs associated with the examinations
and reports specified in subsection (e) of this Section, which
the Retirement Plan for Chicago Transit Authority Employees
shall reimburse in a timely manner. The amount received shall
be deposited into the fund or funds from which such costs were
paid by the Auditor General. The Auditor General shall submit
a bill to the Retiree Health Care Trust for costs associated
with the determination specified in subsection (f) of this
Section, which the Retiree Health Care Trust shall reimburse
in a timely manner. The amount received shall be deposited
into the fund or funds from which such costs were paid by the
Auditor General.
(Source: P.A. 95-708, eff. 1-18-08; revised 9-20-23.)
 
    Section 140. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.990 and
5.991 and by changing Sections 6z-32, 6z-82, 8.3, and 12-2 as
follows:
 
    (30 ILCS 105/5.990)
    Sec. 5.990. The Public Defender Fund.
(Source: P.A. 102-1104, eff. 12-6-22.)
 
    (30 ILCS 105/5.991)
    Sec. 5.991. The Due Process for Youth and Families Fund.
(Source: P.A. 102-1115, eff. 1-9-23.)
 
    (30 ILCS 105/5.993)
    Sec. 5.993 5.990. The Abortion Care Clinical Training
Program Fund.
(Source: P.A. 102-1117, eff. 1-13-23; revised 3-27-23.)
 
    (30 ILCS 105/5.994)
    Sec. 5.994 5.990. The Paid Leave for All Workers Fund.
(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)
 
    (30 ILCS 105/5.995)
    Sec. 5.995 5.990. The Hate Crimes and Bias Incident
Prevention and Response Fund.
(Source: P.A. 102-1115, eff. 1-9-23; revised 9-7-23.)
 
    (30 ILCS 105/5.996)
    Sec. 5.996 5.990. The Imagination Library of Illinois
Fund.
(Source: P.A. 103-8, eff. 6-7-23; revised 9-7-23.)
 
    (30 ILCS 105/5.997)
    Sec. 5.997 5.990. The Illinois Bullying and Cyberbullying
Prevention Fund.
(Source: P.A. 103-47, eff. 6-9-23; revised 9-7-23.)
 
    (30 ILCS 105/5.999)
    Sec. 5.999 5.990. The Illinois Health Benefits Exchange
Fund.
(Source: P.A. 103-103, eff. 6-27-23; revised 9-7-23.)
 
    (30 ILCS 105/5.1000)
    Sec. 5.1000 5.990. The Tick Research, Education, and
Evaluation Fund.
(Source: P.A. 103-163, eff. 1-1-24; revised 9-22-23.)
 
    (30 ILCS 105/5.1001)
    Sec. 5.1001 5.990. The License to Read Fund.
(Source: P.A. 103-267, eff. 6-30-23; revised 9-22-23.)
 
    (30 ILCS 105/5.1002)
    Sec. 5.1002 5.990. The Outdoor Rx Program Fund.
(Source: P.A. 103-284, eff. 1-1-24; revised 9-22-23.)
 
    (30 ILCS 105/5.1003)
    Sec. 5.1003 5.990. The UNCF Scholarship Fund.
(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)
 
    (30 ILCS 105/5.1004)
    Sec. 5.1004 5.990. The Hunger-Free Campus Grant Fund.
(Source: P.A. 103-435, eff. 8-4-23; revised 9-22-23.)
 
    (30 ILCS 105/5.1005)
    Sec. 5.1005 5.990. The Repatriation and Reinterment Fund.
(Source: P.A. 103-446, eff. 8-4-23; revised 9-22-23.)
 
    (30 ILCS 105/5.1006)
    Sec. 5.1006 5.990. The Illinois Graduate and Retain Our
Workforce (iGROW) Tech Scholarship Fund.
(Source: P.A. 103-519, eff. 1-1-24; revised 9-22-23.)
 
    (30 ILCS 105/5.1007)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 5.1007 5.990. The Antitrust Enforcement Fund. This
Section is repealed on January 1, 2027.
(Source: P.A. 103-526, eff. 1-1-24; revised 9-22-23.)
 
    (30 ILCS 105/5.1008)
    Sec. 5.1008 5.990. The MAP Refund Fund.
(Source: P.A. 103-536, eff. 8-11-23; revised 9-22-23.)
 
    (30 ILCS 105/5.1009)
    Sec. 5.1009 5.990. The Lyme Disease Awareness Fund.
(Source: P.A. 103-557, eff. 8-11-23; revised 9-22-23.)
 
    (30 ILCS 105/5.1010)
    Sec. 5.1010 5.991. The Industrial Biotechnology Human
Capital Fund.
(Source: P.A. 103-363, eff. 7-28-23; revised 9-22-23.)
 
    (30 ILCS 105/5.1011)
    Sec. 5.1011 5.991. The Illinois DREAM Fund.
(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)
 
    (30 ILCS 105/6z-32)
    Sec. 6z-32. Partners for Planning and Conservation.
    (a) The Partners for Conservation Fund (formerly known as
the Conservation 2000 Fund) and the Partners for Conservation
Projects Fund (formerly known as the Conservation 2000
Projects Fund) are created as special funds in the State
Treasury. These funds shall be used to establish a
comprehensive program to protect Illinois' natural resources
through cooperative partnerships between State government and
public and private landowners. Moneys in these Funds may be
used, subject to appropriation, by the Department of Natural
Resources, Environmental Protection Agency, and the Department
of Agriculture for purposes relating to natural resource
protection, planning, recreation, tourism, climate resilience,
and compatible agricultural and economic development
activities. Without limiting these general purposes, moneys in
these Funds may be used, subject to appropriation, for the
following specific purposes:
        (1) To foster sustainable agriculture practices and
    control soil erosion, sedimentation, and nutrient loss
    from farmland, including grants to Soil and Water
    Conservation Districts for conservation practice
    cost-share grants and for personnel, educational, and
    administrative expenses.
        (2) To establish and protect a system of ecosystems in
    public and private ownership through conservation
    easements, incentives to public and private landowners,
    natural resource restoration and preservation, water
    quality protection and improvement, land use and watershed
    planning, technical assistance and grants, and land
    acquisition provided these mechanisms are all voluntary on
    the part of the landowner and do not involve the use of
    eminent domain.
        (3) To develop a systematic and long-term program to
    effectively measure and monitor natural resources and
    ecological conditions through investments in technology
    and involvement of scientific experts.
        (4) To initiate strategies to enhance, use, and
    maintain Illinois' inland lakes through education,
    technical assistance, research, and financial incentives.
        (5) To partner with private landowners and with units
    of State, federal, and local government and with
    not-for-profit organizations in order to integrate State
    and federal programs with Illinois' natural resource
    protection and restoration efforts and to meet
    requirements to obtain federal and other funds for
    conservation or protection of natural resources.
        (6) To support the State's Nutrient Loss Reduction
    Strategy, including, but not limited to, funding the
    resources needed to support the Strategy's Policy Working
    Group, cover water quality monitoring in support of
    Strategy implementation, prepare a biennial report on the
    progress made on the Strategy every 2 years, and provide
    cost share funding for nutrient capture projects.
        (7) To provide capacity grants to support soil and
    water conservation districts, including, but not limited
    to, developing soil health plans, conducting soil health
    assessments, peer-to-peer training, convening
    producer-led dialogues, professional memberships, lab
    analysis, and and travel stipends for meetings and
    educational events.
        (8) To develop guidelines and local soil health
    assessments for advancing soil health.
    (b) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month,
beginning on September 30, 1995 and ending on June 30, 2024,
from the General Revenue Fund to the Partners for Conservation
Fund, an amount equal to 1/10 of the amount set forth below in
fiscal year 1996 and an amount equal to 1/12 of the amount set
forth below in each of the other specified fiscal years:
Fiscal Year Amount
1996$ 3,500,000
1997$ 9,000,000
1998$10,000,000
1999$11,000,000
2000$12,500,000
2001 through 2004$14,000,000
2005 $7,000,000
2006 $11,000,000
2007 $0
2008 through 2011 $14,000,000
2012 $12,200,000
2013 through 2017 $14,000,000
2018 $1,500,000
2019 $14,000,000
2020 $7,500,000
2021 through 2023 $14,000,000
2024 $18,000,000
    (c) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month beginning
on July 31, 2021 and ending June 30, 2022, from the
Environmental Protection Permit and Inspection Fund to the
Partners for Conservation Fund, an amount equal to 1/12 of
$4,135,000.
    (c-1) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month beginning
on July 31, 2022 and ending June 30, 2023, from the
Environmental Protection Permit and Inspection Fund to the
Partners for Conservation Fund, an amount equal to 1/12 of
$5,900,000.
    (d) There shall be deposited into the Partners for
Conservation Projects Fund such bond proceeds and other moneys
as may, from time to time, be provided by law.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)
 
    (30 ILCS 105/6z-82)
    Sec. 6z-82. State Police Operations Assistance Fund.
    (a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund
shall receive revenue under the Criminal and Traffic
Assessment Act. The Fund may also receive revenue from grants,
donations, appropriations, and any other legal source.
    (a-5) (Blank). This Fund may charge, collect, and receive
fees or moneys as described in Section 15-312 of the Illinois
Vehicle Code, and receive all fees received by the Illinois
State Police under that Section. The moneys shall be used by
the Illinois State Police for its expenses in providing police
escorts and commercial vehicle enforcement activities.
    (b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes or functions.
    (c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
    (d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
    (e) The State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
    (f) (Blank).
    (g) (Blank).
    (h) Notwithstanding any other provision of law, in
addition to any other transfers that may be provided by law, on
June 9, 2023 (the effective date of Public Act 103-34) this
amendatory Act of the 103rd General Assembly, or as soon
thereafter as practical, the State Comptroller shall direct
and the State Treasurer shall transfer the remaining balance
from the State Police Streetgang-Related Crime Fund to the
State Police Operations Assistance Fund. Upon completion of
the transfers, the State Police Streetgang-Related Crime Fund
is dissolved, and any future deposits into the State Police
Streetgang-Related Crime Fund and any outstanding obligations
or liabilities of the State Police Streetgang-Related Crime
Fund pass to the State Police Operations Assistance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
 
    (30 ILCS 105/8.3)
    Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code, except the cost
    of administration of Articles I and II of Chapter 3 of that
    Code, and to pay the costs of the Executive Ethics
    Commission for oversight and administration of the Chief
    Procurement Officer appointed under paragraph (2) of
    subsection (a) of Section 10-20 of the Illinois
    Procurement Code for transportation; and
        secondly -- for expenses of the Department of
    Transportation for construction, reconstruction,
    improvement, repair, maintenance, operation, and
    administration of highways in accordance with the
    provisions of laws relating thereto, or for any purpose
    related or incident to and connected therewith, including
    the separation of grades of those highways with railroads
    and with highways and including the payment of awards made
    by the Illinois Workers' Compensation Commission under the
    terms of the Workers' Compensation Act or Workers'
    Occupational Diseases Act for injury or death of an
    employee of the Division of Highways in the Department of
    Transportation; or for the acquisition of land and the
    erection of buildings for highway purposes, including the
    acquisition of highway right-of-way or for investigations
    to determine the reasonably anticipated future highway
    needs; or for making of surveys, plans, specifications and
    estimates for and in the construction and maintenance of
    flight strips and of highways necessary to provide access
    to military and naval reservations, to defense industries
    and defense-industry sites, and to the sources of raw
    materials and for replacing existing highways and highway
    connections shut off from general public use at military
    and naval reservations and defense-industry sites, or for
    the purchase of right-of-way, except that the State shall
    be reimbursed in full for any expense incurred in building
    the flight strips; or for the operating and maintaining of
    highway garages; or for patrolling and policing the public
    highways and conserving the peace; or for the operating
    expenses of the Department relating to the administration
    of public transportation programs; or, during fiscal year
    2023, for the purposes of a grant not to exceed $8,394,800
    to the Regional Transportation Authority on behalf of PACE
    for the purpose of ADA/Para-transit expenses; or, during
    fiscal year 2024, for the purposes of a grant not to exceed
    $9,108,400 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or for any of those purposes or any other
    purpose that may be provided by law.
    Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
    Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of Public Health;
        2. Department of Transportation, only with respect to
    subsidies for one-half fare Student Transportation and
    Reduced Fare for Elderly, except fiscal year 2023 when no
    more than $17,570,000 may be expended and except fiscal
    year 2024 when no more than $19,063,500 may be expended;
        3. Department of Central Management Services, except
    for expenditures incurred for group insurance premiums of
    appropriate personnel;
        4. Judicial Systems and Agencies.
    Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Illinois State Police, except for expenditures with
    respect to the Division of Patrol and Division of Criminal
    Investigation;
        2. Department of Transportation, only with respect to
    Intercity Rail Subsidies, except fiscal year 2023 when no
    more than $55,000,000 may be expended and except fiscal
    year 2024 when no more than $60,000,000 may be expended,
    and Rail Freight Services.
    Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Illinois State Police, except not more than 40% of
    the funds appropriated for the Division of Patrol and
    Division of Criminal Investigation;
        2. State Officers.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road
Fund monies that are eligible for federal reimbursement. It
shall not be lawful to circumvent the above appropriation
limitations by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
    Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction
of permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code; and
        secondly -- no Road Fund monies derived from fees,
    excises, or license taxes relating to registration,
    operation and use of vehicles on public highways or to
    fuels used for the propulsion of those vehicles, shall be
    appropriated or expended other than for costs of
    administering the laws imposing those fees, excises, and
    license taxes, statutory refunds and adjustments allowed
    thereunder, administrative costs of the Department of
    Transportation, including, but not limited to, the
    operating expenses of the Department relating to the
    administration of public transportation programs, payment
    of debts and liabilities incurred in construction and
    reconstruction of public highways and bridges, acquisition
    of rights-of-way for and the cost of construction,
    reconstruction, maintenance, repair, and operation of
    public highways and bridges under the direction and
    supervision of the State, political subdivision, or
    municipality collecting those monies, or during fiscal
    year 2023 for the purposes of a grant not to exceed
    $8,394,800 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses, or during fiscal year 2024 for the purposes of a
    grant not to exceed $9,108,400 to the Regional
    Transportation Authority on behalf of PACE for the purpose
    of ADA/Para-transit expenses, and the costs for patrolling
    and policing the public highways (by the State, political
    subdivision, or municipality collecting that money) for
    enforcement of traffic laws. The separation of grades of
    such highways with railroads and costs associated with
    protection of at-grade highway and railroad crossing shall
    also be permissible.
    Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as
provided in Section 8 of the Motor Fuel Tax Law.
    Except as provided in this paragraph, beginning with
fiscal year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Illinois State Police for the purposes of
this Section in excess of its total fiscal year 1990 Road Fund
appropriations for those purposes unless otherwise provided in
Section 5g of this Act. For fiscal years 2003, 2004, 2005,
2006, and 2007 only, no Road Fund monies shall be appropriated
to the Department of State Police for the purposes of this
Section in excess of $97,310,000. For fiscal year 2008 only,
no Road Fund monies shall be appropriated to the Department of
State Police for the purposes of this Section in excess of
$106,100,000. For fiscal year 2009 only, no Road Fund monies
shall be appropriated to the Department of State Police for
the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no Road Fund road fund moneys
shall be appropriated to the Illinois State Police. It shall
not be lawful to circumvent this limitation on appropriations
by governmental reorganization or other methods unless
otherwise provided in Section 5g of this Act.
    In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of
this Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
    Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State
for the purposes of this Section in excess of the total fiscal
year 1994 Road Fund appropriations to the Secretary of State
for those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
    Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
    Fiscal Year 2000$80,500,000;
    Fiscal Year 2001$80,500,000;
    Fiscal Year 2002$80,500,000;
    Fiscal Year 2003$130,500,000;
    Fiscal Year 2004$130,500,000;
    Fiscal Year 2005$130,500,000;
    Fiscal Year 2006 $130,500,000;
    Fiscal Year 2007 $130,500,000;
    Fiscal Year 2008$130,500,000;
    Fiscal Year 2009 $130,500,000.
    For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
    Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
    It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
    No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar
as appropriation of Road Fund monies is concerned.
    Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e
of this Act; nor to the General Revenue Fund, as authorized by
Public Act 93-25.
    The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
    The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by Public Act 94-91 shall be repaid to the Road Fund
from the General Revenue Fund in the next succeeding fiscal
year that the General Revenue Fund has a positive budgetary
balance, as determined by generally accepted accounting
principles applicable to government.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
 
    (30 ILCS 105/12-2)  (from Ch. 127, par. 148-2)
    Sec. 12-2. Travel Regulation Council; State travel
reimbursement.
    (a) The chairmen of the travel control boards established
by Section 12-1, or their designees, shall together comprise
the Travel Regulation Council. The Travel Regulation Council
shall be chaired by the Director of Central Management
Services, who shall be a nonvoting member of the Council,
unless he is otherwise qualified to vote by virtue of being the
designee of a voting member. No later than March 1, 1986, and
at least biennially thereafter, the Council shall adopt State
Travel Regulations and Reimbursement Rates which shall be
applicable to all personnel subject to the jurisdiction of the
travel control boards established by Section 12-1. An
affirmative vote of a majority of the members of the Council
shall be required to adopt regulations and reimbursement
rates. If the Council fails to adopt regulations by March 1 of
any odd-numbered year, the Director of Central Management
Services shall adopt emergency regulations and reimbursement
rates pursuant to the Illinois Administrative Procedure Act.
As soon as practicable after January 23, 2023 (the effective
date of Public Act 102-1119) this amendatory Act of the 102nd
General Assembly, the Travel Regulation Council and the Higher
Education Travel Control Board shall adopt amendments to their
existing rules to ensure that reimbursement rates for public
institutions of higher education, as defined in Section 1-13
of the Illinois Procurement Code, are set in accordance with
the requirements of subsection (f) of this Section.
    (b) (Blank).
    (c) (Blank).
    (d) Reimbursements to travelers shall be made pursuant to
the rates and regulations applicable to the respective State
agency as of January 1, 1986 (the effective date of Public Act
84-345) this amendatory Act, until the State Travel
Regulations and Reimbursement Rates established by this
Section are adopted and effective.
    (e) (Blank).
    (f) (f) Notwithstanding any rule or law to the contrary,
State travel reimbursement rates for lodging and mileage for
automobile travel, as well as allowances for meals, shall be
set at the maximum rates established by the federal government
for travel expenses, subsistence expenses, and mileage
allowances under 5 U.S.C. 5701 through 5711 and any
regulations promulgated thereunder. If the rates set under
federal regulations increase or decrease during the course of
the State's fiscal year, the effective date of the new rate
shall be the effective date of the change in the federal rate.
(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;
revised 1-2-24.)
 
    Section 145. The General Obligation Bond Act is amended by
changing Section 11 as follows:
 
    (30 ILCS 330/11)  (from Ch. 127, par. 661)
    Sec. 11. Sale of Bonds. Except as otherwise provided in
this Section, Bonds shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as is directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year, shall have been
sold by negotiated sale. Failure to satisfy the requirements
in the preceding 2 sentences shall not affect the validity of
any previously issued Bonds; provided that all Bonds
authorized by Public Act 96-43 and Public Act 96-1497 shall
not be included in determining compliance for any fiscal year
with the requirements of the preceding 2 sentences; and
further provided that refunding Bonds satisfying the
requirements of Section 16 of this Act shall not be subject to
the requirements in the preceding 2 sentences.
    The Director of the Governor's Office of Management and
Budget shall comply in the selection of any bond counsel with
the competitive request for proposal process set forth in the
Illinois Procurement Code and all other applicable
requirements of that Code. The Director of the Governor's
Office of Management and Budget may select any financial
advisor from a pool of qualified advisors established pursuant
to a request for qualifications. If any Bonds, including
refunding Bonds, are to be sold by negotiated sale, the
Director of the Governor's Office of Management and Budget
shall select any underwriter from a pool of qualified
underwriters established pursuant to a request for
qualifications.
    If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of
Management and Budget may, from time to time, as Bonds are to
be sold, advertise the sale of the Bonds in at least 2 daily
newspapers, one of which is published in the City of
Springfield and one in the City of Chicago. The sale of the
Bonds shall be advertised in the BidBuy eProcurement System or
any successor procurement platform maintained by the Chief
Procurement Officer for General Services, and shall be
published once at least 10 days prior to the date fixed for the
opening of the bids. The Director of the Governor's Office of
Management and Budget may reschedule the date of sale upon the
giving of such additional notice as the Director deems
adequate to inform prospective bidders of such change;
provided, however, that all other conditions of the sale shall
continue as originally advertised.
    Executed Bonds shall, upon payment therefor, be delivered
to the purchaser, and the proceeds of Bonds shall be paid into
the State Treasury as directed by Section 12 of this Act.
    All Income Tax Proceed Bonds shall comply with this
Section. Notwithstanding anything to the contrary, however,
for purposes of complying with this Section, Income Tax
Proceed Bonds, regardless of the number of series or issuances
sold thereunder, shall be considered a single issue or series.
Furthermore, for purposes of complying with the competitive
bidding requirements of this Section, the words "at all times"
shall not apply to any such sale of the Income Tax Proceed
Bonds. The Director of the Governor's Office of Management and
Budget shall determine the time and manner of any competitive
sale of the Income Tax Proceed Bonds; however, that sale shall
under no circumstances take place later than 60 days after the
State closes the sale of 75% of the Income Tax Proceed Bonds by
negotiated sale.
    All State Pension Obligation Acceleration Bonds shall
comply with this Section. Notwithstanding anything to the
contrary, however, for purposes of complying with this
Section, State Pension Obligation Acceleration Bonds,
regardless of the number of series or issuances sold
thereunder, shall be considered a single issue or series.
Furthermore, for purposes of complying with the competitive
bidding requirements of this Section, the words "at all times"
shall not apply to any such sale of the State Pension
Obligation Acceleration Bonds. The Director of the Governor's
Office of Management and Budget shall determine the time and
manner of any competitive sale of the State Pension Obligation
Acceleration Bonds; however, that sale shall under no
circumstances take place later than 60 days after the State
closes the sale of 75% of the State Pension Obligation
Acceleration Bonds by negotiated sale.
(Source: P.A. 103-7, eff. 7-1-23; revised 9-20-23.)
 
    Section 150. The Capital Development Bond Act of 1972 is
amended by changing Section 3 as follows:
 
    (30 ILCS 420/3)  (from Ch. 127, par. 753)
    Sec. 3. The State of Illinois is authorized to issue, sell
and provide for the retirement of general obligation bonds of
the State of Illinois in the amount of $1,737,000,000
hereinafter called the "Bonds", for the specific purpose of
providing funds for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, and durable equipment and
for the acquisition and improvement of real property and
interests in real property required, or expected to be
required, in connection therewith and for the acquisition,
protection and development of natural resources, including
water related resources, within the State of Illinois for open
spaces, water resource management, recreational and
conservation purposes, all within the State of Illinois.
    The Bonds shall be used in the following specific manner:
    (a) $636,697,287 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for educational purposes by State universities and
colleges, the Illinois Community College Board created by the
Public Community College Act "An Act in relation to the
establishment, operation and maintenance of public community
colleges", approved July 15, 1965, as amended and by the
School Building Commission created by "An Act to provide for
the acquisition, construction, rental, and disposition of
buildings used for school purposes", approved June 21, 1957,
as amended, or its successor, all within the State of
Illinois, and for grants to public community colleges as
authorized by Section 5-11 of the Public Community College
Act; and for the acquisition, development, construction,
reconstruction rehabilitation, improvement, architectural
planning and installation of capital facilities consisting of
durable movable equipment, including antennas and structures
necessarily relating thereto, for the Board of Governors of
State Colleges and Universities to construct educational
television facilities, which educational television facilities
may be located upon land or structures not owned by the State
providing that the Board of Governors has at least a 25-year
lease for the use of such non-state owned land or structures,
which lease may contain a provision making it subject to
annual appropriations by the General Assembly;
    (b) $323,000,000 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for correctional purposes at State prisons and
correctional centers, all within the State of Illinois;
    (c) $157,020,000 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment, and
land for open spaces, recreational and conservation purposes
and the protection of land, all within the State of Illinois;
    (d) $146,580,000 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for child care facilities, mental and public health
facilities, and facilities for the care of veterans with
disabilities and their spouses, all within the State of
Illinois;
    (e) $348,846,200 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for use by the State, its departments, authorities,
public corporations, commissions and agencies;
    (f) To reimburse the Illinois Building Authority created
by the Building Authority Act "An Act to create the Illinois
Building Authority and to define its powers and duties", as
approved August 15, 1961, as amended, for any and all costs and
expenses incurred, and to be incurred, by the Illinois
Building Authority in connection with the acquisition,
construction, development, reconstruction, improvement,
planning, installation and financing of capital facilities
consisting of buildings, structures, equipment and land as
enumerated in subsections (a) through (e) hereof, and in
connection therewith to acquire from the Illinois Building
Authority any such capital facilities; provided, however, that
nothing in this subparagraph shall be construed to require or
permit the acquisition of facilities financed by the Illinois
Building authority through the issuance of bonds;
    (g) $24,853,800 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of buildings,
structures, durable equipment, and land for:
    (1) Cargo handling facilities for use by port districts,
and
    (2) Breakwaters, including harbor entrances incident
thereto, for use by port districts in conjunction with
facilities for small boats and pleasure craft;
    (h) $39,900,000 for the acquisition, development,
construction, reconstruction, modification, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for water resource management projects, all within the
State of Illinois;
    (i) $9,852,713 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for educational purposes by nonprofit, nonpublic health
service educational institutions;
    (j) $48,000,000 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for the provision of facilities for food production
research and related instructional and public service
activities at the State universities and public community
colleges, all within the State of Illinois;
    (k) $2,250,000 for grants by the Secretary of State, as
State Librarian, for the construction, acquisition,
development, reconstruction and improvement of central library
facilities authorized under Section 8 of the "The Illinois
Library System Act", as amended.
(Source: P.A. 99-143, eff. 7-27-15; revised 9-20-23.)
 
    Section 155. The Build Illinois Bond Act is amended by
changing Section 5 as follows:
 
    (30 ILCS 425/5)  (from Ch. 127, par. 2805)
    Sec. 5. Bond sale expenses.
    (a) Costs for advertising, printing, bond rating, travel
of outside vendors, security, delivery, and legal and
financial advisory services, initial fees of trustees,
registrars, paying agents, and other fiduciaries, initial
costs of credit or liquidity enhancement arrangements, initial
fees of indexing and remarketing agents, and initial costs of
interest rate swaps, guarantees, or arrangements to limit
interest rate risk, as determined in the related Bond Sale
Order, may be paid as reasonable costs of issuance and sale
from the proceeds of each Bond sale. An amount not to exceed 1%
of the principal amount of the proceeds of the sale of each
bond sale is authorized to be used to pay additional
reasonable costs of each issuance and sale of Bonds authorized
and sold pursuant to this Act, including, without limitation,
underwriter's discounts and fees, but excluding bond
insurance; provided that no salaries of State employees or
other State office operating expenses shall be paid out of
non-appropriated proceeds. The Governor's Office of Management
and Budget shall compile a summary of all costs of issuance on
each sale (including both costs paid out of proceeds and those
paid out of appropriated funds) and post that summary on its
web site within 20 business days after the issuance of the
bonds. The summary shall include, as applicable, the
respective percentage of participation and compensation of
each underwriter that is a member of the underwriting
syndicate, legal counsel, financial advisors, and other
professionals for the Bond issue, and an identification of all
costs of issuance paid to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities. The terms "minority-owned businesses",
"women-owned businesses", and "business owned by a person with
a disability" have the meanings given to those terms in the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act. The summary shall be posted on the website
for a period of at least 30 days. In addition, the Governor's
Office of Management and Budget shall provide a written copy
of each summary of costs to the Speaker and Minority Leader of
the House of Representatives, the President and Minority
Leader of the Senate, and the Commission on Government
Forecasting and Accountability within 20 business days after
each issuance of the bonds. In addition, the Governor's Office
of Management and Budget shall provide copies of all contracts
under which any costs of issuance are paid or to be paid to the
Commission on Government Forecasting and Accountability within
20 business days after the issuance of Bonds for which those
costs are paid or to be paid. Instead of filing a second or
subsequent copy of the same contract, the Governor's Office of
Management and Budget may file a statement that specified
costs are paid under specified contracts filed earlier with
the Commission.
    (b) The Director of the Governor's Office of Management
and Budget shall not, in connection with the issuance of
Bonds, contract with any underwriter, financial advisor, or
attorney unless that underwriter, financial advisor, or
attorney certifies that the underwriter, financial advisor, or
attorney has not and will not pay a contingent fee, whether
directly or indirectly, to any third party for having promoted
the selection of the underwriter, financial advisor, or
attorney for that contract. In the event that the Governor's
Office of Management and Budget determines that an
underwriter, financial advisor, or attorney has filed a false
certification with respect to the payment of contingent fees,
the Governor's Office of Management and Budget shall not
contract with that underwriter, financial advisor, or
attorney, or with any firm employing any person who signed
false certifications, for a period of 2 calendar years,
beginning with the date the determination is made. The
validity of Bonds issued under such circumstances of violation
pursuant to this Section shall not be affected.
(Source: P.A. 103-7, eff. 7-1-23; revised 9-21-23.)
 
    Section 160. The Illinois Procurement Code is amended by
changing Sections 1-10 and 10-20 as follows:
 
    (30 ILCS 500/1-10)
    Sec. 1-10. Application.
    (a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
    (b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political
    subdivisions or other governments, or between State
    governmental bodies, except as specifically provided in
    this Code.
        (2) Grants, except for the filing requirements of
    Section 20-80.
        (3) Purchase of care, except as provided in Section
    5-30.6 of the Illinois Public Aid Code and this Section.
        (4) Hiring of an individual as an employee and not as
    an independent contractor, whether pursuant to an
    employment code or policy or by contract directly with
    that individual.
        (5) Collective bargaining contracts.
        (6) Purchase of real estate, except that notice of
    this type of contract with a value of more than $25,000
    must be published in the Procurement Bulletin within 10
    calendar days after the deed is recorded in the county of
    jurisdiction. The notice shall identify the real estate
    purchased, the names of all parties to the contract, the
    value of the contract, and the effective date of the
    contract.
        (7) Contracts necessary to prepare for anticipated
    litigation, enforcement actions, or investigations,
    provided that the chief legal counsel to the Governor
    shall give his or her prior approval when the procuring
    agency is one subject to the jurisdiction of the Governor,
    and provided that the chief legal counsel of any other
    procuring entity subject to this Code shall give his or
    her prior approval when the procuring entity is not one
    subject to the jurisdiction of the Governor.
        (8) (Blank).
        (9) Procurement expenditures by the Illinois
    Conservation Foundation when only private funds are used.
        (10) (Blank).
        (11) Public-private agreements entered into according
    to the procurement requirements of Section 20 of the
    Public-Private Partnerships for Transportation Act and
    design-build agreements entered into according to the
    procurement requirements of Section 25 of the
    Public-Private Partnerships for Transportation Act.
        (12) (A) Contracts for legal, financial, and other
    professional and artistic services entered into by the
    Illinois Finance Authority in which the State of Illinois
    is not obligated. Such contracts shall be awarded through
    a competitive process authorized by the members of the
    Illinois Finance Authority and are subject to Sections
    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
    as well as the final approval by the members of the
    Illinois Finance Authority of the terms of the contract.
        (B) Contracts for legal and financial services entered
    into by the Illinois Housing Development Authority in
    connection with the issuance of bonds in which the State
    of Illinois is not obligated. Such contracts shall be
    awarded through a competitive process authorized by the
    members of the Illinois Housing Development Authority and
    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
    and 50-37 of this Code, as well as the final approval by
    the members of the Illinois Housing Development Authority
    of the terms of the contract.
        (13) Contracts for services, commodities, and
    equipment to support the delivery of timely forensic
    science services in consultation with and subject to the
    approval of the Chief Procurement Officer as provided in
    subsection (d) of Section 5-4-3a of the Unified Code of
    Corrections, except for the requirements of Sections
    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
    Code; however, the Chief Procurement Officer may, in
    writing with justification, waive any certification
    required under Article 50 of this Code. For any contracts
    for services which are currently provided by members of a
    collective bargaining agreement, the applicable terms of
    the collective bargaining agreement concerning
    subcontracting shall be followed.
        On and after January 1, 2019, this paragraph (13),
    except for this sentence, is inoperative.
        (14) Contracts for participation expenditures required
    by a domestic or international trade show or exhibition of
    an exhibitor, member, or sponsor.
        (15) Contracts with a railroad or utility that
    requires the State to reimburse the railroad or utilities
    for the relocation of utilities for construction or other
    public purpose. Contracts included within this paragraph
    (15) shall include, but not be limited to, those
    associated with: relocations, crossings, installations,
    and maintenance. For the purposes of this paragraph (15),
    "railroad" means any form of non-highway ground
    transportation that runs on rails or electromagnetic
    guideways and "utility" means: (1) public utilities as
    defined in Section 3-105 of the Public Utilities Act, (2)
    telecommunications carriers as defined in Section 13-202
    of the Public Utilities Act, (3) electric cooperatives as
    defined in Section 3.4 of the Electric Supplier Act, (4)
    telephone or telecommunications cooperatives as defined in
    Section 13-212 of the Public Utilities Act, (5) rural
    water or waste water systems with 10,000 connections or
    less, (6) a holder as defined in Section 21-201 of the
    Public Utilities Act, and (7) municipalities owning or
    operating utility systems consisting of public utilities
    as that term is defined in Section 11-117-2 of the
    Illinois Municipal Code.
        (16) Procurement expenditures necessary for the
    Department of Public Health to provide the delivery of
    timely newborn screening services in accordance with the
    Newborn Metabolic Screening Act.
        (17) Procurement expenditures necessary for the
    Department of Agriculture, the Department of Financial and
    Professional Regulation, the Department of Human Services,
    and the Department of Public Health to implement the
    Compassionate Use of Medical Cannabis Program and Opioid
    Alternative Pilot Program requirements and ensure access
    to medical cannabis for patients with debilitating medical
    conditions in accordance with the Compassionate Use of
    Medical Cannabis Program Act.
        (18) This Code does not apply to any procurements
    necessary for the Department of Agriculture, the
    Department of Financial and Professional Regulation, the
    Department of Human Services, the Department of Commerce
    and Economic Opportunity, and the Department of Public
    Health to implement the Cannabis Regulation and Tax Act if
    the applicable agency has made a good faith determination
    that it is necessary and appropriate for the expenditure
    to fall within this exemption and if the process is
    conducted in a manner substantially in accordance with the
    requirements of Sections 20-160, 25-60, 30-22, 50-5,
    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
    Section 50-35, compliance applies only to contracts or
    subcontracts over $100,000. Notice of each contract
    entered into under this paragraph (18) that is related to
    the procurement of goods and services identified in
    paragraph (1) through (9) of this subsection shall be
    published in the Procurement Bulletin within 14 calendar
    days after contract execution. The Chief Procurement
    Officer shall prescribe the form and content of the
    notice. Each agency shall provide the Chief Procurement
    Officer, on a monthly basis, in the form and content
    prescribed by the Chief Procurement Officer, a report of
    contracts that are related to the procurement of goods and
    services identified in this subsection. At a minimum, this
    report shall include the name of the contractor, a
    description of the supply or service provided, the total
    amount of the contract, the term of the contract, and the
    exception to this Code utilized. A copy of any or all of
    these contracts shall be made available to the Chief
    Procurement Officer immediately upon request. The Chief
    Procurement Officer shall submit a report to the Governor
    and General Assembly no later than November 1 of each year
    that includes, at a minimum, an annual summary of the
    monthly information reported to the Chief Procurement
    Officer. This exemption becomes inoperative 5 years after
    June 25, 2019 (the effective date of Public Act 101-27).
        (19) Acquisition of modifications or adjustments,
    limited to assistive technology devices and assistive
    technology services, adaptive equipment, repairs, and
    replacement parts to provide reasonable accommodations (i)
    that enable a qualified applicant with a disability to
    complete the job application process and be considered for
    the position such qualified applicant desires, (ii) that
    modify or adjust the work environment to enable a
    qualified current employee with a disability to perform
    the essential functions of the position held by that
    employee, (iii) to enable a qualified current employee
    with a disability to enjoy equal benefits and privileges
    of employment as are enjoyed by other similarly situated
    employees without disabilities, and (iv) that allow a
    customer, client, claimant, or member of the public
    seeking State services full use and enjoyment of and
    access to its programs, services, or benefits.
        For purposes of this paragraph (19):
        "Assistive technology devices" means any item, piece
    of equipment, or product system, whether acquired
    commercially off the shelf, modified, or customized, that
    is used to increase, maintain, or improve functional
    capabilities of individuals with disabilities.
        "Assistive technology services" means any service that
    directly assists an individual with a disability in
    selection, acquisition, or use of an assistive technology
    device.
        "Qualified" has the same meaning and use as provided
    under the federal Americans with Disabilities Act when
    describing an individual with a disability.
        (20) Procurement expenditures necessary for the
    Illinois Commerce Commission to hire third-party
    facilitators pursuant to Sections 16-105.17 and 16-108.18
    of the Public Utilities Act or an ombudsman pursuant to
    Section 16-107.5 of the Public Utilities Act, a
    facilitator pursuant to Section 16-105.17 of the Public
    Utilities Act, or a grid auditor pursuant to Section
    16-105.10 of the Public Utilities Act.
        (21) Procurement expenditures for the purchase,
    renewal, and expansion of software, software licenses, or
    software maintenance agreements that support the efforts
    of the Illinois State Police to enforce, regulate, and
    administer the Firearm Owners Identification Card Act, the
    Firearm Concealed Carry Act, the Firearms Restraining
    Order Act, the Firearm Dealer License Certification Act,
    the Law Enforcement Agencies Data System (LEADS), the
    Uniform Crime Reporting Act, the Criminal Identification
    Act, the Illinois Uniform Conviction Information Act, and
    the Gun Trafficking Information Act, or establish or
    maintain record management systems necessary to conduct
    human trafficking investigations or gun trafficking or
    other stolen firearm investigations. This paragraph (21)
    applies to contracts entered into on or after January 10,
    2023 (the effective date of Public Act 102-1116) and the
    renewal of contracts that are in effect on January 10,
    2023 (the effective date of Public Act 102-1116).
        (22) Contracts for project management services and
    system integration services required for the completion of
    the State's enterprise resource planning project. This
    exemption becomes inoperative 5 years after June 7, 2023
    (the effective date of the changes made to this Section by
    Public Act 103-8). This paragraph (22) applies to
    contracts entered into on or after June 7, 2023 (the
    effective date of the changes made to this Section by
    Public Act 103-8) and the renewal of contracts that are in
    effect on June 7, 2023 (the effective date of the changes
    made to this Section by Public Act 103-8).
        (23) Procurements necessary for the Department of
    Insurance to implement the Illinois Health Benefits
    Exchange Law if the Department of Insurance has made a
    good faith determination that it is necessary and
    appropriate for the expenditure to fall within this
    exemption. The procurement process shall be conducted in a
    manner substantially in accordance with the requirements
    of Sections 20-160 and 25-60 and Article 50 of this Code. A
    copy of these contracts shall be made available to the
    Chief Procurement Officer immediately upon request. This
    paragraph is inoperative 5 years after June 27, 2023 (the
    effective date of Public Act 103-103).
        (24) (22) Contracts for public education programming,
    noncommercial sustaining announcements, public service
    announcements, and public awareness and education
    messaging with the nonprofit trade associations of the
    providers of those services that inform the public on
    immediate and ongoing health and safety risks and hazards.
    Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
    (c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.
    (d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
    (e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
    (f) (Blank).
    (g) (Blank).
    (h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
    (i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
    (j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
    (k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
    (l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
    (m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
1-2-24.)
 
    (30 ILCS 500/10-20)
    Sec. 10-20. Independent chief procurement officers.
    (a) Appointment. Within 60 calendar days after July 1,
2010 (the effective date of Public Act 96-795) this amendatory
Act of the 96th General Assembly, the Executive Ethics
Commission, with the advice and consent of the Senate shall
appoint or approve 4 chief procurement officers, one for each
of the following categories:
        (1) for procurements for construction and
    construction-related services committed by law to the
    jurisdiction or responsibility of the Capital Development
    Board;
        (2) for procurements for all construction,
    construction-related services, operation of any facility,
    and the provision of any service or activity committed by
    law to the jurisdiction or responsibility of the Illinois
    Department of Transportation, including the direct or
    reimbursable expenditure of all federal funds for which
    the Department of Transportation is responsible or
    accountable for the use thereof in accordance with federal
    law, regulation, or procedure, the chief procurement
    officer recommended for approval under this item appointed
    by the Secretary of Transportation after consent by the
    Executive Ethics Commission;
        (3) for all procurements made by a public institution
    of higher education; and
        (4) for all other procurement needs of State agencies.
    For fiscal year 2024, the Executive Ethics Commission
shall set aside from its appropriation those amounts necessary
for the use of the 4 chief procurement officers for the
ordinary and contingent expenses of their respective
procurement offices. From the amounts set aside by the
Commission, each chief procurement officer shall control the
internal operations of his or her procurement office and shall
procure the necessary equipment, materials, and services to
perform the duties of that office, including hiring necessary
procurement personnel, legal advisors, and other employees,
and may establish, in the exercise of the chief procurement
officer's discretion, the compensation of the office's
employees, which includes the State purchasing officers and
any legal advisors. The Executive Ethics Commission shall have
no control over the employees of the chief procurement
officers. The Executive Ethics Commission shall provide
administrative support services, including payroll, for each
procurement office.
    (b) Terms and independence. Each chief procurement officer
appointed under this Section shall serve for a term of 5 years
beginning on the date of the officer's appointment. The chief
procurement officer may be removed for cause after a hearing
by the Executive Ethics Commission. The Governor or the
director of a State agency directly responsible to the
Governor may institute a complaint against the officer by
filing such complaint with the Commission. The Commission
shall have a hearing based on the complaint. The officer and
the complainant shall receive reasonable notice of the hearing
and shall be permitted to present their respective arguments
on the complaint. After the hearing, the Commission shall make
a finding on the complaint and may take disciplinary action,
including but not limited to removal of the officer.
    The salary of a chief procurement officer shall be
established by the Executive Ethics Commission and may not be
diminished during the officer's term. The salary may not
exceed the salary of the director of a State agency for which
the officer serves as chief procurement officer.
    (c) Qualifications. In addition to any other requirement
or qualification required by State law, each chief procurement
officer must within 12 months of employment be a Certified
Professional Public Buyer or a Certified Public Purchasing
Officer, pursuant to certification by the Universal Public
Purchasing Certification Council, and must reside in Illinois.
    (d) Fiduciary duty. Each chief procurement officer owes a
fiduciary duty to the State.
    (e) Vacancy. In case of a vacancy in one or more of the
offices of a chief procurement officer under this Section
during the recess of the Senate, the Executive Ethics
Commission shall make a temporary appointment until the next
meeting of the Senate, when the Executive Ethics Commission
shall nominate some person to fill the office, and any person
so nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his or her successor
is appointed and qualified. If the Senate is not in session at
the time Public Act 96-920 this amendatory Act of the 96th
General Assembly takes effect, the Executive Ethics Commission
shall make a temporary appointment as in the case of a vacancy.
    (f) (Blank).
    (g) (Blank).
(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
 
    Section 165. The Illinois Works Jobs Program Act is
amended by changing Section 20-15 as follows:
 
    (30 ILCS 559/20-15)
    Sec. 20-15. Illinois Works Preapprenticeship Program;
Illinois Works Bid Credit Program.
    (a) The Illinois Works Preapprenticeship Program is
established and shall be administered by the Department. The
goal of the Illinois Works Preapprenticeship Program is to
create a network of community-based organizations throughout
the State that will recruit, prescreen, and provide
preapprenticeship skills training, for which participants may
attend free of charge and receive a stipend, to create a
qualified, diverse pipeline of workers who are prepared for
careers in the construction and building trades. Upon
completion of the Illinois Works Preapprenticeship Program,
the candidates will be skilled and work-ready.
    (b) There is created the Illinois Works Fund, a special
fund in the State treasury. The Illinois Works Fund shall be
administered by the Department. The Illinois Works Fund shall
be used to provide funding for community-based organizations
throughout the State. In addition to any other transfers that
may be provided for by law, on and after July 1, 2019 at the
direction of the Director of the Governor's Office of
Management and Budget, the State Comptroller shall direct and
the State Treasurer shall transfer amounts not exceeding a
total of $50,000,000 from the Rebuild Illinois Projects Fund
to the Illinois Works Fund.
    (c) Each community-based organization that receives
funding from the Illinois Works Fund shall provide an annual
report to the Illinois Works Review Panel by April 1 of each
calendar year. The annual report shall include the following
information:
        (1) a description of the community-based
    organization's recruitment, screening, and training
    efforts;
        (2) the number of individuals who apply to,
    participate in, and complete the community-based
    organization's program, broken down by race, gender, age,
    and veteran status; and
    (3) the number of the individuals referenced in item (2)
    of this subsection who are initially accepted and placed
    into apprenticeship programs in the construction and
    building trades.
    (d) The Department shall create and administer the
Illinois Works Bid Credit Program that shall provide economic
incentives, through bid credits, to encourage contractors and
subcontractors to provide contracting and employment
opportunities to historically underrepresented populations in
the construction industry.
    The Illinois Works Bid Credit Program shall allow
contractors and subcontractors to earn bid credits for use
toward future bids for public works projects contracted by the
State or an agency of the State in order to increase the
chances that the contractor and the subcontractors will be
selected.
    Contractors or subcontractors may be eligible to earn bid
credits for employing apprentices who have completed the
Illinois Works Preapprenticeship Program. Contractors or
subcontractors shall earn bid credits at a rate established by
the Department and based on labor hours worked by apprentices
who have completed the Illinois Works Preapprenticeship
Program. In order to earn bid credits, contractors and
subcontractors shall provide the Department with certified
payroll documenting the hours performed by apprentices who
have completed the Illinois Works Preapprenticeship Program.
Contractors and subcontractors can use bid credits toward
future bids for public works projects contracted or funded by
the State or an agency of the State in order to increase the
likelihood of being selected as the contractor for the public
works project toward which they have applied the bid credit.
The Department shall establish the rate by rule and shall
publish it on the Department's website. The rule may include
maximum bid credits allowed per contractor, per subcontractor,
per apprentice, per bid, or per year.
    The Illinois Works Credit Bank is hereby created and shall
be administered by the Department. The Illinois Works Credit
Bank shall track the bid credits.
    A contractor or subcontractor who has been awarded bid
credits under any other State program for employing
apprentices who have completed the Illinois Works
Preapprenticeship Program is not eligible to receive bid
credits under the Illinois Works Bid Credit Program relating
to the same contract.
    The Department shall report to the Illinois Works Review
Panel the following: (i) the number of bid credits awarded by
the Department; (ii) the number of bid credits submitted by
the contractor or subcontractor to the agency administering
the public works contract; and (iii) the number of bid credits
accepted by the agency for such contract. Any agency that
awards bid credits pursuant to the Illinois Works Credit Bank
Program shall report to the Department the number of bid
credits it accepted for the public works contract.
    Upon a finding that a contractor or subcontractor has
reported falsified records to the Department in order to
fraudulently obtain bid credits, the Department may bar the
contractor or subcontractor from participating in the Illinois
Works Bid Credit Program and may suspend the contractor or
subcontractor from bidding on or participating in any public
works project. False or fraudulent claims for payment relating
to false bid credits may be subject to damages and penalties
under applicable law.
    (e) The Department shall adopt any rules deemed necessary
to implement this Section. In order to provide for the
expeditious and timely implementation of this Act, the
Department may adopt emergency rules. The adoption of
emergency rules authorized by this subsection is deemed to be
necessary for the public interest, safety, and welfare.
(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
revised 9-6-23.)
 
    Section 170. The Build Illinois Act is amended by changing
Section 10-6 as follows:
 
    (30 ILCS 750/10-6)  (from Ch. 127, par. 2710-6)
    Sec. 10-6. Large Business Attraction Fund.
    (a) There is created the Large Business Attraction Fund to
be held as part of the State Treasury. The Department is
authorized to make loans from the Fund for the purposes
established under this Article. The State Treasurer shall have
custody of the Fund and may invest in securities constituting
direct obligations of the United States Government, in
obligations the principal of and interest on which are
guaranteed by the United States Government, or in certificates
of deposit of any State or national bank that are fully secured
by obligations guaranteed as to principal and interest by the
United States Government. The purpose of the Fund is to offer
loans to finance large firms considering the location of a
proposed plant in the State and to provide financing to carry
out the purposes and provisions of paragraph (h) of Section
10-3. Financing shall be in the form of a loan, mortgage, or
other debt instrument. All loans shall be conditioned on the
project receiving financing from participating lenders or
other sources. Loan proceeds shall be available for project
costs associated with an expansion of business capacity and
employment, except for debt refinancing. Targeted companies
for the program shall primarily consist of established
industrial and service companies with proven records of
earnings that will sell their product to markets beyond
Illinois and have proven multistate location options. New
ventures shall be considered only if the entity is protected
with adequate security with regard to its financing and
operation. The limitations and conditions with respect to the
use of this Fund shall not apply in carrying out the purposes
and provisions of paragraph (h) of Section 10-3.
    (b) Deposits into the Fund shall include, but are not
limited to:
        (1) Any appropriations, grants, or gifts made to the
    Fund.
        (2) Any income received from interest on investments
    of amounts from the Fund not currently needed to meet the
    obligations of the Fund.
    (c) The State Comptroller and the State Treasurer shall
from time to time, upon the written direction of the Governor,
transfer from the Fund to the General Revenue Fund or the
Budget Stabilization Fund, those amounts that the Governor
determines are in excess of the amounts required to meet the
obligations of the Fund. Any amounts transferred to the Budget
Stabilization Fund may be transferred back to the Large
Business Attraction Fund by the State Comptroller and the
State Treasurer, upon the written direction of the Governor.
    (d) Notwithstanding subsection (a) of this Section, the
Large Business Attraction Fund may be used for the purposes
established under the Invest in Illinois Act, including for
awards, grants, loans, contracts, and administrative expenses.
(Source: P.A. 102-1115, eff. 1-9-23; 102-1125, eff. 2-3-23;
revised 2-23-23.)
 
    Section 175. The State Mandates Act is amended by changing
Sections 8.46 and 8.47 as follows:
 
    (30 ILCS 805/8.46)
    Sec. 8.46. Exempt mandate.
    (a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by 102-707, 102-764, 102-806, 102-811,
102-836, 102-856, 102-857, 102-884, 102-943, 102-1061,
102-1064, 102-1088, or 102-1131 this amendatory Act of the
102nd General Assembly.
    (b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by the Decennial Committees on Local
Government Efficiency Act.
(Source: P.A. 102-707, eff. 4-22-22; 102-764, eff. 5-13-22;
102-806, eff. 5-13-22; 102-811, eff. 1-1-23; 102-836, eff.
5-13-22; 102-856, eff. 1-1-23; 102-857, eff. 5-13-22; 102-884,
eff. 5-13-22; 102-943, eff. 1-1-23; 102-1061, eff. 6-10-22;
102-1064, eff. 6-10-22; 102-1088, eff. 6-10-22; 102-1131, eff.
6-1-23; revised 9-19-23.)
 
    (30 ILCS 805/8.47)
    Sec. 8.47. Exempt mandate.
    (a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 103-2, 103-110, 103-409,
103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this
amendatory Act of the 103rd General Assembly.
    (b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by the Decennial Committees on Local
Government Efficiency Act.
    (c) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of the mandate created by Section 2.10a of the Regional
Transportation Authority Act in Public Act 103-281 this
amendatory Act of the 103rd General Assembly.
(Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;
103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.
1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,
eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;
103-582, eff. 12-8-23; revised 1-2-24.)
 
    Section 180. The Illinois Income Tax Act is amended by
changing Sections 201, 203, 228, and 237 as follows:
 
    (35 ILCS 5/201)
    Sec. 201. Tax imposed.
    (a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate for
each taxable year ending after July 31, 1969 on the privilege
of earning or receiving income in or as a resident of this
State. Such tax shall be in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
    (b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
        (1) In the case of an individual, trust or estate, for
    taxable years ending prior to July 1, 1989, an amount
    equal to 2 1/2% of the taxpayer's net income for the
    taxable year.
        (2) In the case of an individual, trust or estate, for
    taxable years beginning prior to July 1, 1989 and ending
    after June 30, 1989, an amount equal to the sum of (i) 2
    1/2% of the taxpayer's net income for the period prior to
    July 1, 1989, as calculated under Section 202.3, and (ii)
    3% of the taxpayer's net income for the period after June
    30, 1989, as calculated under Section 202.3.
        (3) In the case of an individual, trust or estate, for
    taxable years beginning after June 30, 1989, and ending
    prior to January 1, 2011, an amount equal to 3% of the
    taxpayer's net income for the taxable year.
        (4) In the case of an individual, trust, or estate,
    for taxable years beginning prior to January 1, 2011, and
    ending after December 31, 2010, an amount equal to the sum
    of (i) 3% of the taxpayer's net income for the period prior
    to January 1, 2011, as calculated under Section 202.5, and
    (ii) 5% of the taxpayer's net income for the period after
    December 31, 2010, as calculated under Section 202.5.
        (5) In the case of an individual, trust, or estate,
    for taxable years beginning on or after January 1, 2011,
    and ending prior to January 1, 2015, an amount equal to 5%
    of the taxpayer's net income for the taxable year.
        (5.1) In the case of an individual, trust, or estate,
    for taxable years beginning prior to January 1, 2015, and
    ending after December 31, 2014, an amount equal to the sum
    of (i) 5% of the taxpayer's net income for the period prior
    to January 1, 2015, as calculated under Section 202.5, and
    (ii) 3.75% of the taxpayer's net income for the period
    after December 31, 2014, as calculated under Section
    202.5.
        (5.2) In the case of an individual, trust, or estate,
    for taxable years beginning on or after January 1, 2015,
    and ending prior to July 1, 2017, an amount equal to 3.75%
    of the taxpayer's net income for the taxable year.
        (5.3) In the case of an individual, trust, or estate,
    for taxable years beginning prior to July 1, 2017, and
    ending after June 30, 2017, an amount equal to the sum of
    (i) 3.75% of the taxpayer's net income for the period
    prior to July 1, 2017, as calculated under Section 202.5,
    and (ii) 4.95% of the taxpayer's net income for the period
    after June 30, 2017, as calculated under Section 202.5.
        (5.4) In the case of an individual, trust, or estate,
    for taxable years beginning on or after July 1, 2017, an
    amount equal to 4.95% of the taxpayer's net income for the
    taxable year.
        (6) In the case of a corporation, for taxable years
    ending prior to July 1, 1989, an amount equal to 4% of the
    taxpayer's net income for the taxable year.
        (7) In the case of a corporation, for taxable years
    beginning prior to July 1, 1989 and ending after June 30,
    1989, an amount equal to the sum of (i) 4% of the
    taxpayer's net income for the period prior to July 1,
    1989, as calculated under Section 202.3, and (ii) 4.8% of
    the taxpayer's net income for the period after June 30,
    1989, as calculated under Section 202.3.
        (8) In the case of a corporation, for taxable years
    beginning after June 30, 1989, and ending prior to January
    1, 2011, an amount equal to 4.8% of the taxpayer's net
    income for the taxable year.
        (9) In the case of a corporation, for taxable years
    beginning prior to January 1, 2011, and ending after
    December 31, 2010, an amount equal to the sum of (i) 4.8%
    of the taxpayer's net income for the period prior to
    January 1, 2011, as calculated under Section 202.5, and
    (ii) 7% of the taxpayer's net income for the period after
    December 31, 2010, as calculated under Section 202.5.
        (10) In the case of a corporation, for taxable years
    beginning on or after January 1, 2011, and ending prior to
    January 1, 2015, an amount equal to 7% of the taxpayer's
    net income for the taxable year.
        (11) In the case of a corporation, for taxable years
    beginning prior to January 1, 2015, and ending after
    December 31, 2014, an amount equal to the sum of (i) 7% of
    the taxpayer's net income for the period prior to January
    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
    of the taxpayer's net income for the period after December
    31, 2014, as calculated under Section 202.5.
        (12) In the case of a corporation, for taxable years
    beginning on or after January 1, 2015, and ending prior to
    July 1, 2017, an amount equal to 5.25% of the taxpayer's
    net income for the taxable year.
        (13) In the case of a corporation, for taxable years
    beginning prior to July 1, 2017, and ending after June 30,
    2017, an amount equal to the sum of (i) 5.25% of the
    taxpayer's net income for the period prior to July 1,
    2017, as calculated under Section 202.5, and (ii) 7% of
    the taxpayer's net income for the period after June 30,
    2017, as calculated under Section 202.5.
        (14) In the case of a corporation, for taxable years
    beginning on or after July 1, 2017, an amount equal to 7%
    of the taxpayer's net income for the taxable year.
    The rates under this subsection (b) are subject to the
provisions of Section 201.5.
    (b-5) Surcharge; sale or exchange of assets, properties,
and intangibles of organization gaming licensees. For each of
taxable years 2019 through 2027, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles (i)
of an organization licensee under the Illinois Horse Racing
Act of 1975 and (ii) of an organization gaming licensee under
the Illinois Gambling Act. The amount of the surcharge is
equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed shall not apply if:
        (1) the organization gaming license, organization
    license, or racetrack property is transferred as a result
    of any of the following:
            (A) bankruptcy, a receivership, or a debt
        adjustment initiated by or against the initial
        licensee or the substantial owners of the initial
        licensee;
            (B) cancellation, revocation, or termination of
        any such license by the Illinois Gaming Board or the
        Illinois Racing Board;
            (C) a determination by the Illinois Gaming Board
        that transfer of the license is in the best interests
        of Illinois gaming;
            (D) the death of an owner of the equity interest in
        a licensee;
            (E) the acquisition of a controlling interest in
        the stock or substantially all of the assets of a
        publicly traded company;
            (F) a transfer by a parent company to a wholly
        owned subsidiary; or
            (G) the transfer or sale to or by one person to
        another person where both persons were initial owners
        of the license when the license was issued; or
        (2) the controlling interest in the organization
    gaming license, organization license, or racetrack
    property is transferred in a transaction to lineal
    descendants in which no gain or loss is recognized or as a
    result of a transaction in accordance with Section 351 of
    the Internal Revenue Code in which no gain or loss is
    recognized; or
        (3) live horse racing was not conducted in 2010 at a
    racetrack located within 3 miles of the Mississippi River
    under a license issued pursuant to the Illinois Horse
    Racing Act of 1975.
    The transfer of an organization gaming license,
organization license, or racetrack property by a person other
than the initial licensee to receive the organization gaming
license is not subject to a surcharge. The Department shall
adopt rules necessary to implement and administer this
subsection.
    (c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership
and trust, for each taxable year ending after June 30, 1979.
Such taxes are imposed on the privilege of earning or
receiving income in or as a resident of this State. The
Personal Property Tax Replacement Income Tax shall be in
addition to the income tax imposed by subsections (a) and (b)
of this Section and in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
    (d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
    (d-1) Rate reduction for certain foreign insurers. In the
case of a foreign insurer, as defined by Section 35A-5 of the
Illinois Insurance Code, whose state or country of domicile
imposes on insurers domiciled in Illinois a retaliatory tax
(excluding any insurer whose premiums from reinsurance assumed
are 50% or more of its total insurance premiums as determined
under paragraph (2) of subsection (b) of Section 304, except
that for purposes of this determination premiums from
reinsurance do not include premiums from inter-affiliate
reinsurance arrangements), beginning with taxable years ending
on or after December 31, 1999, the sum of the rates of tax
imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed
under this Act, net of all credits allowed under this Act,
shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for
the taxable year by such foreign insurer's state or country of
domicile if that net income were subject to all income taxes
and taxes measured by net income imposed by such foreign
insurer's state or country of domicile, net of all credits
allowed or (ii) a rate of zero if no such tax is imposed on
such income by the foreign insurer's state of domicile. For
the purposes of this subsection (d-1), an inter-affiliate
includes a mutual insurer under common management.
        (1) For the purposes of subsection (d-1), in no event
    shall the sum of the rates of tax imposed by subsections
    (b) and (d) be reduced below the rate at which the sum of:
            (A) the total amount of tax imposed on such
        foreign insurer under this Act for a taxable year, net
        of all credits allowed under this Act, plus
            (B) the privilege tax imposed by Section 409 of
        the Illinois Insurance Code, the fire insurance
        company tax imposed by Section 12 of the Fire
        Investigation Act, and the fire department taxes
        imposed under Section 11-10-1 of the Illinois
        Municipal Code,
    equals 1.25% for taxable years ending prior to December
    31, 2003, or 1.75% for taxable years ending on or after
    December 31, 2003, of the net taxable premiums written for
    the taxable year, as described by subsection (1) of
    Section 409 of the Illinois Insurance Code. This paragraph
    will in no event increase the rates imposed under
    subsections (b) and (d).
        (2) Any reduction in the rates of tax imposed by this
    subsection shall be applied first against the rates
    imposed by subsection (b) and only after the tax imposed
    by subsection (a) net of all credits allowed under this
    Section other than the credit allowed under subsection (i)
    has been reduced to zero, against the rates imposed by
    subsection (d).
    This subsection (d-1) is exempt from the provisions of
Section 250.
    (e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
        (1) A taxpayer shall be allowed a credit equal to .5%
    of the basis of qualified property placed in service
    during the taxable year, provided such property is placed
    in service on or after July 1, 1984. There shall be allowed
    an additional credit equal to .5% of the basis of
    qualified property placed in service during the taxable
    year, provided such property is placed in service on or
    after July 1, 1986, and the taxpayer's base employment
    within Illinois has increased by 1% or more over the
    preceding year as determined by the taxpayer's employment
    records filed with the Illinois Department of Employment
    Security. Taxpayers who are new to Illinois shall be
    deemed to have met the 1% growth in base employment for the
    first year in which they file employment records with the
    Illinois Department of Employment Security. The provisions
    added to this Section by Public Act 85-1200 (and restored
    by Public Act 87-895) shall be construed as declaratory of
    existing law and not as a new enactment. If, in any year,
    the increase in base employment within Illinois over the
    preceding year is less than 1%, the additional credit
    shall be limited to that percentage times a fraction, the
    numerator of which is .5% and the denominator of which is
    1%, but shall not exceed .5%. The investment credit shall
    not be allowed to the extent that it would reduce a
    taxpayer's liability in any tax year below zero, nor may
    any credit for qualified property be allowed for any year
    other than the year in which the property was placed in
    service in Illinois. For tax years ending on or after
    December 31, 1987, and on or before December 31, 1988, the
    credit shall be allowed for the tax year in which the
    property is placed in service, or, if the amount of the
    credit exceeds the tax liability for that year, whether it
    exceeds the original liability or the liability as later
    amended, such excess may be carried forward and applied to
    the tax liability of the 5 taxable years following the
    excess credit years if the taxpayer (i) makes investments
    which cause the creation of a minimum of 2,000 full-time
    equivalent jobs in Illinois, (ii) is located in an
    enterprise zone established pursuant to the Illinois
    Enterprise Zone Act and (iii) is certified by the
    Department of Commerce and Community Affairs (now
    Department of Commerce and Economic Opportunity) as
    complying with the requirements specified in clause (i)
    and (ii) by July 1, 1986. The Department of Commerce and
    Community Affairs (now Department of Commerce and Economic
    Opportunity) shall notify the Department of Revenue of all
    such certifications immediately. For tax years ending
    after December 31, 1988, the credit shall be allowed for
    the tax year in which the property is placed in service,
    or, if the amount of the credit exceeds the tax liability
    for that year, whether it exceeds the original liability
    or the liability as later amended, such excess may be
    carried forward and applied to the tax liability of the 5
    taxable years following the excess credit years. The
    credit shall be applied to the earliest year for which
    there is a liability. If there is credit from more than one
    tax year that is available to offset a liability, earlier
    credit shall be applied first.
        (2) The term "qualified property" means property
    which:
            (A) is tangible, whether new or used, including
        buildings and structural components of buildings and
        signs that are real property, but not including land
        or improvements to real property that are not a
        structural component of a building such as
        landscaping, sewer lines, local access roads, fencing,
        parking lots, and other appurtenances;
            (B) is depreciable pursuant to Section 167 of the
        Internal Revenue Code, except that "3-year property"
        as defined in Section 168(c)(2)(A) of that Code is not
        eligible for the credit provided by this subsection
        (e);
            (C) is acquired by purchase as defined in Section
        179(d) of the Internal Revenue Code;
            (D) is used in Illinois by a taxpayer who is
        primarily engaged in manufacturing, or in mining coal
        or fluorite, or in retailing, or was placed in service
        on or after July 1, 2006 in a River Edge Redevelopment
        Zone established pursuant to the River Edge
        Redevelopment Zone Act; and
            (E) has not previously been used in Illinois in
        such a manner and by such a person as would qualify for
        the credit provided by this subsection (e) or
        subsection (f).
        (3) For purposes of this subsection (e),
    "manufacturing" means the material staging and production
    of tangible personal property by procedures commonly
    regarded as manufacturing, processing, fabrication, or
    assembling which changes some existing material into new
    shapes, new qualities, or new combinations. For purposes
    of this subsection (e) the term "mining" shall have the
    same meaning as the term "mining" in Section 613(c) of the
    Internal Revenue Code. For purposes of this subsection
    (e), the term "retailing" means the sale of tangible
    personal property for use or consumption and not for
    resale, or services rendered in conjunction with the sale
    of tangible personal property for use or consumption and
    not for resale. For purposes of this subsection (e),
    "tangible personal property" has the same meaning as when
    that term is used in the Retailers' Occupation Tax Act,
    and, for taxable years ending after December 31, 2008,
    does not include the generation, transmission, or
    distribution of electricity.
        (4) The basis of qualified property shall be the basis
    used to compute the depreciation deduction for federal
    income tax purposes.
        (5) If the basis of the property for federal income
    tax depreciation purposes is increased after it has been
    placed in service in Illinois by the taxpayer, the amount
    of such increase shall be deemed property placed in
    service on the date of such increase in basis.
        (6) The term "placed in service" shall have the same
    meaning as under Section 46 of the Internal Revenue Code.
        (7) If during any taxable year, any property ceases to
    be qualified property in the hands of the taxpayer within
    48 months after being placed in service, or the situs of
    any qualified property is moved outside Illinois within 48
    months after being placed in service, the Personal
    Property Tax Replacement Income Tax for such taxable year
    shall be increased. Such increase shall be determined by
    (i) recomputing the investment credit which would have
    been allowed for the year in which credit for such
    property was originally allowed by eliminating such
    property from such computation and, (ii) subtracting such
    recomputed credit from the amount of credit previously
    allowed. For the purposes of this paragraph (7), a
    reduction of the basis of qualified property resulting
    from a redetermination of the purchase price shall be
    deemed a disposition of qualified property to the extent
    of such reduction.
        (8) Unless the investment credit is extended by law,
    the basis of qualified property shall not include costs
    incurred after December 31, 2018, except for costs
    incurred pursuant to a binding contract entered into on or
    before December 31, 2018.
        (9) Each taxable year ending before December 31, 2000,
    a partnership may elect to pass through to its partners
    the credits to which the partnership is entitled under
    this subsection (e) for the taxable year. A partner may
    use the credit allocated to him or her under this
    paragraph only against the tax imposed in subsections (c)
    and (d) of this Section. If the partnership makes that
    election, those credits shall be allocated among the
    partners in the partnership in accordance with the rules
    set forth in Section 704(b) of the Internal Revenue Code,
    and the rules promulgated under that Section, and the
    allocated amount of the credits shall be allowed to the
    partners for that taxable year. The partnership shall make
    this election on its Personal Property Tax Replacement
    Income Tax return for that taxable year. The election to
    pass through the credits shall be irrevocable.
        For taxable years ending on or after December 31,
    2000, a partner that qualifies its partnership for a
    subtraction under subparagraph (I) of paragraph (2) of
    subsection (d) of Section 203 or a shareholder that
    qualifies a Subchapter S corporation for a subtraction
    under subparagraph (S) of paragraph (2) of subsection (b)
    of Section 203 shall be allowed a credit under this
    subsection (e) equal to its share of the credit earned
    under this subsection (e) during the taxable year by the
    partnership or Subchapter S corporation, determined in
    accordance with the determination of income and
    distributive share of income under Sections 702 and 704
    and Subchapter S of the Internal Revenue Code. This
    paragraph is exempt from the provisions of Section 250.
    (f) Investment credit; Enterprise Zone; River Edge
Redevelopment Zone.
        (1) A taxpayer shall be allowed a credit against the
    tax imposed by subsections (a) and (b) of this Section for
    investment in qualified property which is placed in
    service in an Enterprise Zone created pursuant to the
    Illinois Enterprise Zone Act or, for property placed in
    service on or after July 1, 2006, a River Edge
    Redevelopment Zone established pursuant to the River Edge
    Redevelopment Zone Act. For partners, shareholders of
    Subchapter S corporations, and owners of limited liability
    companies, if the liability company is treated as a
    partnership for purposes of federal and State income
    taxation, for taxable years ending before December 31,
    2023, there shall be allowed a credit under this
    subsection (f) to be determined in accordance with the
    determination of income and distributive share of income
    under Sections 702 and 704 and Subchapter S of the
    Internal Revenue Code. For taxable years ending on or
    after December 31, 2023, for partners and shareholders of
    Subchapter S corporations, the provisions of Section 251
    shall apply with respect to the credit under this
    subsection. The credit shall be .5% of the basis for such
    property. The credit shall be available only in the
    taxable year in which the property is placed in service in
    the Enterprise Zone or River Edge Redevelopment Zone and
    shall not be allowed to the extent that it would reduce a
    taxpayer's liability for the tax imposed by subsections
    (a) and (b) of this Section to below zero. For tax years
    ending on or after December 31, 1985, the credit shall be
    allowed for the tax year in which the property is placed in
    service, or, if the amount of the credit exceeds the tax
    liability for that year, whether it exceeds the original
    liability or the liability as later amended, such excess
    may be carried forward and applied to the tax liability of
    the 5 taxable years following the excess credit year. The
    credit shall be applied to the earliest year for which
    there is a liability. If there is credit from more than one
    tax year that is available to offset a liability, the
    credit accruing first in time shall be applied first.
        (2) The term qualified property means property which:
            (A) is tangible, whether new or used, including
        buildings and structural components of buildings;
            (B) is depreciable pursuant to Section 167 of the
        Internal Revenue Code, except that "3-year property"
        as defined in Section 168(c)(2)(A) of that Code is not
        eligible for the credit provided by this subsection
        (f);
            (C) is acquired by purchase as defined in Section
        179(d) of the Internal Revenue Code;
            (D) is used in the Enterprise Zone or River Edge
        Redevelopment Zone by the taxpayer; and
            (E) has not been previously used in Illinois in
        such a manner and by such a person as would qualify for
        the credit provided by this subsection (f) or
        subsection (e).
        (3) The basis of qualified property shall be the basis
    used to compute the depreciation deduction for federal
    income tax purposes.
        (4) If the basis of the property for federal income
    tax depreciation purposes is increased after it has been
    placed in service in the Enterprise Zone or River Edge
    Redevelopment Zone by the taxpayer, the amount of such
    increase shall be deemed property placed in service on the
    date of such increase in basis.
        (5) The term "placed in service" shall have the same
    meaning as under Section 46 of the Internal Revenue Code.
        (6) If during any taxable year, any property ceases to
    be qualified property in the hands of the taxpayer within
    48 months after being placed in service, or the situs of
    any qualified property is moved outside the Enterprise
    Zone or River Edge Redevelopment Zone within 48 months
    after being placed in service, the tax imposed under
    subsections (a) and (b) of this Section for such taxable
    year shall be increased. Such increase shall be determined
    by (i) recomputing the investment credit which would have
    been allowed for the year in which credit for such
    property was originally allowed by eliminating such
    property from such computation, and (ii) subtracting such
    recomputed credit from the amount of credit previously
    allowed. For the purposes of this paragraph (6), a
    reduction of the basis of qualified property resulting
    from a redetermination of the purchase price shall be
    deemed a disposition of qualified property to the extent
    of such reduction.
        (7) There shall be allowed an additional credit equal
    to 0.5% of the basis of qualified property placed in
    service during the taxable year in a River Edge
    Redevelopment Zone, provided such property is placed in
    service on or after July 1, 2006, and the taxpayer's base
    employment within Illinois has increased by 1% or more
    over the preceding year as determined by the taxpayer's
    employment records filed with the Illinois Department of
    Employment Security. Taxpayers who are new to Illinois
    shall be deemed to have met the 1% growth in base
    employment for the first year in which they file
    employment records with the Illinois Department of
    Employment Security. If, in any year, the increase in base
    employment within Illinois over the preceding year is less
    than 1%, the additional credit shall be limited to that
    percentage times a fraction, the numerator of which is
    0.5% and the denominator of which is 1%, but shall not
    exceed 0.5%.
        (8) For taxable years beginning on or after January 1,
    2021, there shall be allowed an Enterprise Zone
    construction jobs credit against the taxes imposed under
    subsections (a) and (b) of this Section as provided in
    Section 13 of the Illinois Enterprise Zone Act.
        The credit or credits may not reduce the taxpayer's
    liability to less than zero. If the amount of the credit or
    credits exceeds the taxpayer's liability, the excess may
    be carried forward and applied against the taxpayer's
    liability in succeeding calendar years in the same manner
    provided under paragraph (4) of Section 211 of this Act.
    The credit or credits shall be applied to the earliest
    year for which there is a tax liability. If there are
    credits from more than one taxable year that are available
    to offset a liability, the earlier credit shall be applied
    first.
        For partners, shareholders of Subchapter S
    corporations, and owners of limited liability companies,
    if the liability company is treated as a partnership for
    the purposes of federal and State income taxation, for
    taxable years ending before December 31, 2023, there shall
    be allowed a credit under this Section to be determined in
    accordance with the determination of income and
    distributive share of income under Sections 702 and 704
    and Subchapter S of the Internal Revenue Code. For taxable
    years ending on or after December 31, 2023, for partners
    and shareholders of Subchapter S corporations, the
    provisions of Section 251 shall apply with respect to the
    credit under this subsection.
        The total aggregate amount of credits awarded under
    the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
    shall not exceed $20,000,000 in any State fiscal year.
        This paragraph (8) is exempt from the provisions of
    Section 250.
    (g) (Blank).
    (h) Investment credit; High Impact Business.
        (1) Subject to subsections (b) and (b-5) of Section
    5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
    be allowed a credit against the tax imposed by subsections
    (a) and (b) of this Section for investment in qualified
    property which is placed in service by a Department of
    Commerce and Economic Opportunity designated High Impact
    Business. The credit shall be .5% of the basis for such
    property. The credit shall not be available (i) until the
    minimum investments in qualified property set forth in
    subdivision (a)(3)(A) of Section 5.5 of the Illinois
    Enterprise Zone Act have been satisfied or (ii) until the
    time authorized in subsection (b-5) of the Illinois
    Enterprise Zone Act for entities designated as High Impact
    Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
    (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
    Act, and shall not be allowed to the extent that it would
    reduce a taxpayer's liability for the tax imposed by
    subsections (a) and (b) of this Section to below zero. The
    credit applicable to such investments shall be taken in
    the taxable year in which such investments have been
    completed. The credit for additional investments beyond
    the minimum investment by a designated high impact
    business authorized under subdivision (a)(3)(A) of Section
    5.5 of the Illinois Enterprise Zone Act shall be available
    only in the taxable year in which the property is placed in
    service and shall not be allowed to the extent that it
    would reduce a taxpayer's liability for the tax imposed by
    subsections (a) and (b) of this Section to below zero. For
    tax years ending on or after December 31, 1987, the credit
    shall be allowed for the tax year in which the property is
    placed in service, or, if the amount of the credit exceeds
    the tax liability for that year, whether it exceeds the
    original liability or the liability as later amended, such
    excess may be carried forward and applied to the tax
    liability of the 5 taxable years following the excess
    credit year. The credit shall be applied to the earliest
    year for which there is a liability. If there is credit
    from more than one tax year that is available to offset a
    liability, the credit accruing first in time shall be
    applied first.
        Changes made in this subdivision (h)(1) by Public Act
    88-670 restore changes made by Public Act 85-1182 and
    reflect existing law.
        (2) The term qualified property means property which:
            (A) is tangible, whether new or used, including
        buildings and structural components of buildings;
            (B) is depreciable pursuant to Section 167 of the
        Internal Revenue Code, except that "3-year property"
        as defined in Section 168(c)(2)(A) of that Code is not
        eligible for the credit provided by this subsection
        (h);
            (C) is acquired by purchase as defined in Section
        179(d) of the Internal Revenue Code; and
            (D) is not eligible for the Enterprise Zone
        Investment Credit provided by subsection (f) of this
        Section.
        (3) The basis of qualified property shall be the basis
    used to compute the depreciation deduction for federal
    income tax purposes.
        (4) If the basis of the property for federal income
    tax depreciation purposes is increased after it has been
    placed in service in a federally designated Foreign Trade
    Zone or Sub-Zone located in Illinois by the taxpayer, the
    amount of such increase shall be deemed property placed in
    service on the date of such increase in basis.
        (5) The term "placed in service" shall have the same
    meaning as under Section 46 of the Internal Revenue Code.
        (6) If during any taxable year ending on or before
    December 31, 1996, any property ceases to be qualified
    property in the hands of the taxpayer within 48 months
    after being placed in service, or the situs of any
    qualified property is moved outside Illinois within 48
    months after being placed in service, the tax imposed
    under subsections (a) and (b) of this Section for such
    taxable year shall be increased. Such increase shall be
    determined by (i) recomputing the investment credit which
    would have been allowed for the year in which credit for
    such property was originally allowed by eliminating such
    property from such computation, and (ii) subtracting such
    recomputed credit from the amount of credit previously
    allowed. For the purposes of this paragraph (6), a
    reduction of the basis of qualified property resulting
    from a redetermination of the purchase price shall be
    deemed a disposition of qualified property to the extent
    of such reduction.
        (7) Beginning with tax years ending after December 31,
    1996, if a taxpayer qualifies for the credit under this
    subsection (h) and thereby is granted a tax abatement and
    the taxpayer relocates its entire facility in violation of
    the explicit terms and length of the contract under
    Section 18-183 of the Property Tax Code, the tax imposed
    under subsections (a) and (b) of this Section shall be
    increased for the taxable year in which the taxpayer
    relocated its facility by an amount equal to the amount of
    credit received by the taxpayer under this subsection (h).
    (h-5) High Impact Business construction jobs credit. For
taxable years beginning on or after January 1, 2021, there
shall also be allowed a High Impact Business construction jobs
credit against the tax imposed under subsections (a) and (b)
of this Section as provided in subsections (i) and (j) of
Section 5.5 of the Illinois Enterprise Zone Act.
    The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may be
carried forward and applied against the taxpayer's liability
in succeeding calendar years in the manner provided under
paragraph (4) of Section 211 of this Act. The credit or credits
shall be applied to the earliest year for which there is a tax
liability. If there are credits from more than one taxable
year that are available to offset a liability, the earlier
credit shall be applied first.
    For partners, shareholders of Subchapter S corporations,
and owners of limited liability companies, for taxable years
ending before December 31, 2023, if the liability company is
treated as a partnership for the purposes of federal and State
income taxation, there shall be allowed a credit under this
Section to be determined in accordance with the determination
of income and distributive share of income under Sections 702
and 704 and Subchapter S of the Internal Revenue Code. For
taxable years ending on or after December 31, 2023, for
partners and shareholders of Subchapter S corporations, the
provisions of Section 251 shall apply with respect to the
credit under this subsection.
    The total aggregate amount of credits awarded under the
Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not
exceed $20,000,000 in any State fiscal year.
    This subsection (h-5) is exempt from the provisions of
Section 250.
    (i) Credit for Personal Property Tax Replacement Income
Tax. For tax years ending prior to December 31, 2003, a credit
shall be allowed against the tax imposed by subsections (a)
and (b) of this Section for the tax imposed by subsections (c)
and (d) of this Section. This credit shall be computed by
multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois
base income, and further multiplying the product by the tax
rate imposed by subsections (a) and (b) of this Section.
    Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed
because it exceeds the tax liability imposed by subsections
(a) and (b) for that year (whether it exceeds the original
liability or the liability as later amended) may be carried
forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the
excess credit year, provided that no credit may be carried
forward to any year ending on or after December 31, 2003. This
credit shall be applied first to the earliest year for which
there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability the earliest credit arising under this
subsection shall be applied first.
    If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
    (j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986 and prior to December 31,
2003, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) under this Section for all
amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed
outside of Illinois by a taxpayer, for educational or
vocational training in semi-technical or technical fields or
semi-skilled or skilled fields, which were deducted from gross
income in the computation of taxable income. The credit
against the tax imposed by subsections (a) and (b) shall be
1.6% of such training expenses. For partners, shareholders of
subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income taxation,
for taxable years ending before December 31, 2023, there shall
be allowed a credit under this subsection (j) to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
subchapter S of the Internal Revenue Code. For taxable years
ending on or after December 31, 2023, for partners and
shareholders of Subchapter S corporations, the provisions of
Section 251 shall apply with respect to the credit under this
subsection.
    Any credit allowed under this subsection which is unused
in the year the credit is earned may be carried forward to each
of the 5 taxable years following the year for which the credit
is first computed until it is used. This credit shall be
applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a liability,
the earliest credit arising under this subsection shall be
applied first. No carryforward credit may be claimed in any
tax year ending on or after December 31, 2003.
    (k) Research and development credit. For tax years ending
after July 1, 1990 and prior to December 31, 2003, and
beginning again for tax years ending on or after December 31,
2004, and ending prior to January 1, 2027, a taxpayer shall be
allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for increasing research activities in
this State. The credit allowed against the tax imposed by
subsections (a) and (b) shall be equal to 6 1/2% of the
qualifying expenditures for increasing research activities in
this State. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if
the liability company is treated as a partnership for purposes
of federal and State income taxation, for taxable years ending
before December 31, 2023, there shall be allowed a credit
under this subsection to be determined in accordance with the
determination of income and distributive share of income under
Sections 702 and 704 and subchapter S of the Internal Revenue
Code. For taxable years ending on or after December 31, 2023,
for partners and shareholders of Subchapter S corporations,
the provisions of Section 251 shall apply with respect to the
credit under this subsection.
    For purposes of this subsection, "qualifying expenditures"
means the qualifying expenditures as defined for the federal
credit for increasing research activities which would be
allowable under Section 41 of the Internal Revenue Code and
which are conducted in this State, "qualifying expenditures
for increasing research activities in this State" means the
excess of qualifying expenditures for the taxable year in
which incurred over qualifying expenditures for the base
period, "qualifying expenditures for the base period" means
the average of the qualifying expenditures for each year in
the base period, and "base period" means the 3 taxable years
immediately preceding the taxable year for which the
determination is being made.
    Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried over
as a credit against the tax liability for the following 5
taxable years or until it has been fully used, whichever
occurs first; provided that no credit earned in a tax year
ending prior to December 31, 2003 may be carried forward to any
year ending on or after December 31, 2003.
    If an unused credit is carried forward to a given year from
2 or more earlier years, that credit arising in the earliest
year will be applied first against the tax liability for the
given year. If a tax liability for the given year still
remains, the credit from the next earliest year will then be
applied, and so on, until all credits have been used or no tax
liability for the given year remains. Any remaining unused
credit or credits then will be carried forward to the next
following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more
than 5 years after the year in which the expense for which the
credit is given was incurred.
    No inference shall be drawn from Public Act 91-644 in
construing this Section for taxable years beginning before
January 1, 1999.
    It is the intent of the General Assembly that the research
and development credit under this subsection (k) shall apply
continuously for all tax years ending on or after December 31,
2004 and ending prior to January 1, 2027, including, but not
limited to, the period beginning on January 1, 2016 and ending
on July 6, 2017 (the effective date of Public Act 100-22). All
actions taken in reliance on the continuation of the credit
under this subsection (k) by any taxpayer are hereby
validated.
    (l) Environmental Remediation Tax Credit.
        (i) For tax years ending after December 31, 1997 and
    on or before December 31, 2001, a taxpayer shall be
    allowed a credit against the tax imposed by subsections
    (a) and (b) of this Section for certain amounts paid for
    unreimbursed eligible remediation costs, as specified in
    this subsection. For purposes of this Section,
    "unreimbursed eligible remediation costs" means costs
    approved by the Illinois Environmental Protection Agency
    ("Agency") under Section 58.14 of the Environmental
    Protection Act that were paid in performing environmental
    remediation at a site for which a No Further Remediation
    Letter was issued by the Agency and recorded under Section
    58.10 of the Environmental Protection Act. The credit must
    be claimed for the taxable year in which Agency approval
    of the eligible remediation costs is granted. The credit
    is not available to any taxpayer if the taxpayer or any
    related party caused or contributed to, in any material
    respect, a release of regulated substances on, in, or
    under the site that was identified and addressed by the
    remedial action pursuant to the Site Remediation Program
    of the Environmental Protection Act. After the Pollution
    Control Board rules are adopted pursuant to the Illinois
    Administrative Procedure Act for the administration and
    enforcement of Section 58.9 of the Environmental
    Protection Act, determinations as to credit availability
    for purposes of this Section shall be made consistent with
    those rules. For purposes of this Section, "taxpayer"
    includes a person whose tax attributes the taxpayer has
    succeeded to under Section 381 of the Internal Revenue
    Code and "related party" includes the persons disallowed a
    deduction for losses by paragraphs (b), (c), and (f)(1) of
    Section 267 of the Internal Revenue Code by virtue of
    being a related taxpayer, as well as any of its partners.
    The credit allowed against the tax imposed by subsections
    (a) and (b) shall be equal to 25% of the unreimbursed
    eligible remediation costs in excess of $100,000 per site,
    except that the $100,000 threshold shall not apply to any
    site contained in an enterprise zone as determined by the
    Department of Commerce and Community Affairs (now
    Department of Commerce and Economic Opportunity). The
    total credit allowed shall not exceed $40,000 per year
    with a maximum total of $150,000 per site. For partners
    and shareholders of subchapter S corporations, there shall
    be allowed a credit under this subsection to be determined
    in accordance with the determination of income and
    distributive share of income under Sections 702 and 704
    and subchapter S of the Internal Revenue Code.
        (ii) A credit allowed under this subsection that is
    unused in the year the credit is earned may be carried
    forward to each of the 5 taxable years following the year
    for which the credit is first earned until it is used. The
    term "unused credit" does not include any amounts of
    unreimbursed eligible remediation costs in excess of the
    maximum credit per site authorized under paragraph (i).
    This credit shall be applied first to the earliest year
    for which there is a liability. If there is a credit under
    this subsection from more than one tax year that is
    available to offset a liability, the earliest credit
    arising under this subsection shall be applied first. A
    credit allowed under this subsection may be sold to a
    buyer as part of a sale of all or part of the remediation
    site for which the credit was granted. The purchaser of a
    remediation site and the tax credit shall succeed to the
    unused credit and remaining carry-forward period of the
    seller. To perfect the transfer, the assignor shall record
    the transfer in the chain of title for the site and provide
    written notice to the Director of the Illinois Department
    of Revenue of the assignor's intent to sell the
    remediation site and the amount of the tax credit to be
    transferred as a portion of the sale. In no event may a
    credit be transferred to any taxpayer if the taxpayer or a
    related party would not be eligible under the provisions
    of subsection (i).
        (iii) For purposes of this Section, the term "site"
    shall have the same meaning as under Section 58.2 of the
    Environmental Protection Act.
    (m) Education expense credit. Beginning with tax years
ending after December 31, 1999, a taxpayer who is the
custodian of one or more qualifying pupils shall be allowed a
credit against the tax imposed by subsections (a) and (b) of
this Section for qualified education expenses incurred on
behalf of the qualifying pupils. The credit shall be equal to
25% of qualified education expenses, but in no event may the
total credit under this subsection claimed by a family that is
the custodian of qualifying pupils exceed (i) $500 for tax
years ending prior to December 31, 2017, and (ii) $750 for tax
years ending on or after December 31, 2017. In no event shall a
credit under this subsection reduce the taxpayer's liability
under this Act to less than zero. Notwithstanding any other
provision of law, for taxable years beginning on or after
January 1, 2017, no taxpayer may claim a credit under this
subsection (m) if the taxpayer's adjusted gross income for the
taxable year exceeds (i) $500,000, in the case of spouses
filing a joint federal tax return or (ii) $250,000, in the case
of all other taxpayers. This subsection is exempt from the
provisions of Section 250 of this Act.
    For purposes of this subsection:
    "Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit is
sought were full-time pupils enrolled in a kindergarten
through twelfth grade education program at any school, as
defined in this subsection.
    "Qualified education expense" means the amount incurred on
behalf of a qualifying pupil in excess of $250 for tuition,
book fees, and lab fees at the school in which the pupil is
enrolled during the regular school year.
    "School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School Code,
except that nothing shall be construed to require a child to
attend any particular public or nonpublic school to qualify
for the credit under this Section.
    "Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
    (n) River Edge Redevelopment Zone site remediation tax
credit.
        (i) For tax years ending on or after December 31,
    2006, a taxpayer shall be allowed a credit against the tax
    imposed by subsections (a) and (b) of this Section for
    certain amounts paid for unreimbursed eligible remediation
    costs, as specified in this subsection. For purposes of
    this Section, "unreimbursed eligible remediation costs"
    means costs approved by the Illinois Environmental
    Protection Agency ("Agency") under Section 58.14a of the
    Environmental Protection Act that were paid in performing
    environmental remediation at a site within a River Edge
    Redevelopment Zone for which a No Further Remediation
    Letter was issued by the Agency and recorded under Section
    58.10 of the Environmental Protection Act. The credit must
    be claimed for the taxable year in which Agency approval
    of the eligible remediation costs is granted. The credit
    is not available to any taxpayer if the taxpayer or any
    related party caused or contributed to, in any material
    respect, a release of regulated substances on, in, or
    under the site that was identified and addressed by the
    remedial action pursuant to the Site Remediation Program
    of the Environmental Protection Act. Determinations as to
    credit availability for purposes of this Section shall be
    made consistent with rules adopted by the Pollution
    Control Board pursuant to the Illinois Administrative
    Procedure Act for the administration and enforcement of
    Section 58.9 of the Environmental Protection Act. For
    purposes of this Section, "taxpayer" includes a person
    whose tax attributes the taxpayer has succeeded to under
    Section 381 of the Internal Revenue Code and "related
    party" includes the persons disallowed a deduction for
    losses by paragraphs (b), (c), and (f)(1) of Section 267
    of the Internal Revenue Code by virtue of being a related
    taxpayer, as well as any of its partners. The credit
    allowed against the tax imposed by subsections (a) and (b)
    shall be equal to 25% of the unreimbursed eligible
    remediation costs in excess of $100,000 per site.
        (ii) A credit allowed under this subsection that is
    unused in the year the credit is earned may be carried
    forward to each of the 5 taxable years following the year
    for which the credit is first earned until it is used. This
    credit shall be applied first to the earliest year for
    which there is a liability. If there is a credit under this
    subsection from more than one tax year that is available
    to offset a liability, the earliest credit arising under
    this subsection shall be applied first. A credit allowed
    under this subsection may be sold to a buyer as part of a
    sale of all or part of the remediation site for which the
    credit was granted. The purchaser of a remediation site
    and the tax credit shall succeed to the unused credit and
    remaining carry-forward period of the seller. To perfect
    the transfer, the assignor shall record the transfer in
    the chain of title for the site and provide written notice
    to the Director of the Illinois Department of Revenue of
    the assignor's intent to sell the remediation site and the
    amount of the tax credit to be transferred as a portion of
    the sale. In no event may a credit be transferred to any
    taxpayer if the taxpayer or a related party would not be
    eligible under the provisions of subsection (i).
        (iii) For purposes of this Section, the term "site"
    shall have the same meaning as under Section 58.2 of the
    Environmental Protection Act.
    (o) For each of taxable years during the Compassionate Use
of Medical Cannabis Program, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles of
an organization registrant under the Compassionate Use of
Medical Cannabis Program Act. The amount of the surcharge is
equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed does not apply if:
        (1) the medical cannabis cultivation center
    registration, medical cannabis dispensary registration, or
    the property of a registration is transferred as a result
    of any of the following:
            (A) bankruptcy, a receivership, or a debt
        adjustment initiated by or against the initial
        registration or the substantial owners of the initial
        registration;
            (B) cancellation, revocation, or termination of
        any registration by the Illinois Department of Public
        Health;
            (C) a determination by the Illinois Department of
        Public Health that transfer of the registration is in
        the best interests of Illinois qualifying patients as
        defined by the Compassionate Use of Medical Cannabis
        Program Act;
            (D) the death of an owner of the equity interest in
        a registrant;
            (E) the acquisition of a controlling interest in
        the stock or substantially all of the assets of a
        publicly traded company;
            (F) a transfer by a parent company to a wholly
        owned subsidiary; or
            (G) the transfer or sale to or by one person to
        another person where both persons were initial owners
        of the registration when the registration was issued;
        or
        (2) the cannabis cultivation center registration,
    medical cannabis dispensary registration, or the
    controlling interest in a registrant's property is
    transferred in a transaction to lineal descendants in
    which no gain or loss is recognized or as a result of a
    transaction in accordance with Section 351 of the Internal
    Revenue Code in which no gain or loss is recognized.
    (p) Pass-through entity tax.
        (1) For taxable years ending on or after December 31,
    2021 and beginning prior to January 1, 2026, a partnership
    (other than a publicly traded partnership under Section
    7704 of the Internal Revenue Code) or Subchapter S
    corporation may elect to apply the provisions of this
    subsection. A separate election shall be made for each
    taxable year. Such election shall be made at such time,
    and in such form and manner as prescribed by the
    Department, and, once made, is irrevocable.
        (2) Entity-level tax. A partnership or Subchapter S
    corporation electing to apply the provisions of this
    subsection shall be subject to a tax for the privilege of
    earning or receiving income in this State in an amount
    equal to 4.95% of the taxpayer's net income for the
    taxable year.
        (3) Net income defined.
            (A) In general. For purposes of paragraph (2), the
        term net income has the same meaning as defined in
        Section 202 of this Act, except that, for tax years
        ending on or after December 31, 2023, a deduction
        shall be allowed in computing base income for
        distributions to a retired partner to the extent that
        the partner's distributions are exempt from tax under
        Section 203(a)(2)(F) of this Act. In addition, the
        following modifications shall not apply:
                (i) the standard exemption allowed under
            Section 204;
                (ii) the deduction for net losses allowed
            under Section 207;
                (iii) in the case of an S corporation, the
            modification under Section 203(b)(2)(S); and
                (iv) in the case of a partnership, the
            modifications under Section 203(d)(2)(H) and
            Section 203(d)(2)(I).
            (B) Special rule for tiered partnerships. If a
        taxpayer making the election under paragraph (1) is a
        partner of another taxpayer making the election under
        paragraph (1), net income shall be computed as
        provided in subparagraph (A), except that the taxpayer
        shall subtract its distributive share of the net
        income of the electing partnership (including its
        distributive share of the net income of the electing
        partnership derived as a distributive share from
        electing partnerships in which it is a partner).
        (4) Credit for entity level tax. Each partner or
    shareholder of a taxpayer making the election under this
    Section shall be allowed a credit against the tax imposed
    under subsections (a) and (b) of Section 201 of this Act
    for the taxable year of the partnership or Subchapter S
    corporation for which an election is in effect ending
    within or with the taxable year of the partner or
    shareholder in an amount equal to 4.95% times the partner
    or shareholder's distributive share of the net income of
    the electing partnership or Subchapter S corporation, but
    not to exceed the partner's or shareholder's share of the
    tax imposed under paragraph (1) which is actually paid by
    the partnership or Subchapter S corporation. If the
    taxpayer is a partnership or Subchapter S corporation that
    is itself a partner of a partnership making the election
    under paragraph (1), the credit under this paragraph shall
    be allowed to the taxpayer's partners or shareholders (or
    if the partner is a partnership or Subchapter S
    corporation then its partners or shareholders) in
    accordance with the determination of income and
    distributive share of income under Sections 702 and 704
    and Subchapter S of the Internal Revenue Code. If the
    amount of the credit allowed under this paragraph exceeds
    the partner's or shareholder's liability for tax imposed
    under subsections (a) and (b) of Section 201 of this Act
    for the taxable year, such excess shall be treated as an
    overpayment for purposes of Section 909 of this Act.
        (5) Nonresidents. A nonresident individual who is a
    partner or shareholder of a partnership or Subchapter S
    corporation for a taxable year for which an election is in
    effect under paragraph (1) shall not be required to file
    an income tax return under this Act for such taxable year
    if the only source of net income of the individual (or the
    individual and the individual's spouse in the case of a
    joint return) is from an entity making the election under
    paragraph (1) and the credit allowed to the partner or
    shareholder under paragraph (4) equals or exceeds the
    individual's liability for the tax imposed under
    subsections (a) and (b) of Section 201 of this Act for the
    taxable year.
        (6) Liability for tax. Except as provided in this
    paragraph, a partnership or Subchapter S making the
    election under paragraph (1) is liable for the
    entity-level tax imposed under paragraph (2). If the
    electing partnership or corporation fails to pay the full
    amount of tax deemed assessed under paragraph (2), the
    partners or shareholders shall be liable to pay the tax
    assessed (including penalties and interest). Each partner
    or shareholder shall be liable for the unpaid assessment
    based on the ratio of the partner's or shareholder's share
    of the net income of the partnership over the total net
    income of the partnership. If the partnership or
    Subchapter S corporation fails to pay the tax assessed
    (including penalties and interest) and thereafter an
    amount of such tax is paid by the partners or
    shareholders, such amount shall not be collected from the
    partnership or corporation.
        (7) Foreign tax. For purposes of the credit allowed
    under Section 601(b)(3) of this Act, tax paid by a
    partnership or Subchapter S corporation to another state
    which, as determined by the Department, is substantially
    similar to the tax imposed under this subsection, shall be
    considered tax paid by the partner or shareholder to the
    extent that the partner's or shareholder's share of the
    income of the partnership or Subchapter S corporation
    allocated and apportioned to such other state bears to the
    total income of the partnership or Subchapter S
    corporation allocated or apportioned to such other state.
        (8) Suspension of withholding. The provisions of
    Section 709.5 of this Act shall not apply to a partnership
    or Subchapter S corporation for the taxable year for which
    an election under paragraph (1) is in effect.
        (9) Requirement to pay estimated tax. For each taxable
    year for which an election under paragraph (1) is in
    effect, a partnership or Subchapter S corporation is
    required to pay estimated tax for such taxable year under
    Sections 803 and 804 of this Act if the amount payable as
    estimated tax can reasonably be expected to exceed $500.
        (10) The provisions of this subsection shall apply
    only with respect to taxable years for which the
    limitation on individual deductions applies under Section
    164(b)(6) of the Internal Revenue Code.
(Source: P.A. 102-558, eff. 8-20-21; 102-658, eff. 8-27-21;
103-9, eff. 6-7-23; 103-396, eff. 1-1-24; revised 12-12-23.)
 
    (35 ILCS 5/203)
    Sec. 203. Base income defined.
    (a) Individuals.
        (1) In general. In the case of an individual, base
    income means an amount equal to the taxpayer's adjusted
    gross income for the taxable year as modified by paragraph
    (2).
        (2) Modifications. The adjusted gross income referred
    to in paragraph (1) shall be modified by adding thereto
    the sum of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of adjusted gross income, except
        stock dividends of qualified public utilities
        described in Section 305(e) of the Internal Revenue
        Code;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of adjusted gross income for the
        taxable year;
            (C) An amount equal to the amount received during
        the taxable year as a recovery or refund of real
        property taxes paid with respect to the taxpayer's
        principal residence under the Revenue Act of 1939 and
        for which a deduction was previously taken under
        subparagraph (L) of this paragraph (2) prior to July
        1, 1991, the retrospective application date of Article
        4 of Public Act 87-17. In the case of multi-unit or
        multi-use structures and farm dwellings, the taxes on
        the taxpayer's principal residence shall be that
        portion of the total taxes for the entire property
        which is attributable to such principal residence;
            (D) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of adjusted gross income;
            (D-5) An amount, to the extent not included in
        adjusted gross income, equal to the amount of money
        withdrawn by the taxpayer in the taxable year from a
        medical care savings account and the interest earned
        on the account in the taxable year of a withdrawal
        pursuant to subsection (b) of Section 20 of the
        Medical Care Savings Account Act or subsection (b) of
        Section 20 of the Medical Care Savings Account Act of
        2000;
            (D-10) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation
        costs that the individual deducted in computing
        adjusted gross income and for which the individual
        claims a credit under subsection (l) of Section 201;
            (D-15) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of
        the Internal Revenue Code;
            (D-16) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-15), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (Z) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which a
        subtraction is allowed with respect to that property
        under subparagraph (Z) and for which the taxpayer was
        allowed in any taxable year to make a subtraction
        modification under subparagraph (Z), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (D-17) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact that foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income under Sections 951 through
        964 of the Internal Revenue Code and amounts included
        in gross income under Section 78 of the Internal
        Revenue Code) with respect to the stock of the same
        person to whom the interest was paid, accrued, or
        incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract
            or agreement entered into at arm's-length rates
            and terms and the principal purpose for the
            payment is not federal or Illinois tax avoidance;
            or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act
            for any tax year beginning after the effective
            date of this amendment provided such adjustment is
            made pursuant to regulation adopted by the
            Department and such regulations provide methods
            and standards by which the Department will utilize
            its authority under Section 404 of this Act;
            (D-18) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income under Sections 951 through 964 of the Internal
        Revenue Code and amounts included in gross income
        under Section 78 of the Internal Revenue Code) with
        respect to the stock of the same person to whom the
        intangible expenses and costs were directly or
        indirectly paid, incurred, or accrued. The preceding
        sentence does not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(a)(2)(D-17) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes (1) expenses,
        losses, and costs for, or related to, the direct or
        indirect acquisition, use, maintenance or management,
        ownership, sale, exchange, or any other disposition of
        intangible property; (2) losses incurred, directly or
        indirectly, from factoring transactions or discounting
        transactions; (3) royalty, patent, technical, and
        copyright fees; (4) licensing fees; and (5) other
        similar expenses and costs. For purposes of this
        subparagraph, "intangible property" includes patents,
        patent applications, trade names, trademarks, service
        marks, copyrights, mask works, trade secrets, and
        similar types of intangible assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if
            the taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an
            alternative method of apportionment under Section
            304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act
            for any tax year beginning after the effective
            date of this amendment provided such adjustment is
            made pursuant to regulation adopted by the
            Department and such regulations provide methods
            and standards by which the Department will utilize
            its authority under Section 404 of this Act;
            (D-19) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the
        stock of the same person to whom the premiums and costs
        were directly or indirectly paid, incurred, or
        accrued. The preceding sentence does not apply to the
        extent that the same dividends caused a reduction to
        the addition modification required under Section
        203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
        Act;
            (D-20) For taxable years beginning on or after
        January 1, 2002 and ending on or before December 31,
        2006, in the case of a distribution from a qualified
        tuition program under Section 529 of the Internal
        Revenue Code, other than (i) a distribution from a
        College Savings Pool created under Section 16.5 of the
        State Treasurer Act or (ii) a distribution from the
        Illinois Prepaid Tuition Trust Fund, an amount equal
        to the amount excluded from gross income under Section
        529(c)(3)(B). For taxable years beginning on or after
        January 1, 2007, in the case of a distribution from a
        qualified tuition program under Section 529 of the
        Internal Revenue Code, other than (i) a distribution
        from a College Savings Pool created under Section 16.5
        of the State Treasurer Act, (ii) a distribution from
        the Illinois Prepaid Tuition Trust Fund, or (iii) a
        distribution from a qualified tuition program under
        Section 529 of the Internal Revenue Code that (I)
        adopts and determines that its offering materials
        comply with the College Savings Plans Network's
        disclosure principles and (II) has made reasonable
        efforts to inform in-state residents of the existence
        of in-state qualified tuition programs by informing
        Illinois residents directly and, where applicable, to
        inform financial intermediaries distributing the
        program to inform in-state residents of the existence
        of in-state qualified tuition programs at least
        annually, an amount equal to the amount excluded from
        gross income under Section 529(c)(3)(B).
            For the purposes of this subparagraph (D-20), a
        qualified tuition program has made reasonable efforts
        if it makes disclosures (which may use the term
        "in-state program" or "in-state plan" and need not
        specifically refer to Illinois or its qualified
        programs by name) (i) directly to prospective
        participants in its offering materials or makes a
        public disclosure, such as a website posting; and (ii)
        where applicable, to intermediaries selling the
        out-of-state program in the same manner that the
        out-of-state program distributes its offering
        materials;
            (D-20.5) For taxable years beginning on or after
        January 1, 2018, in the case of a distribution from a
        qualified ABLE program under Section 529A of the
        Internal Revenue Code, other than a distribution from
        a qualified ABLE program created under Section 16.6 of
        the State Treasurer Act, an amount equal to the amount
        excluded from gross income under Section 529A(c)(1)(B)
        of the Internal Revenue Code;
            (D-21) For taxable years beginning on or after
        January 1, 2007, in the case of transfer of moneys from
        a qualified tuition program under Section 529 of the
        Internal Revenue Code that is administered by the
        State to an out-of-state program, an amount equal to
        the amount of moneys previously deducted from base
        income under subsection (a)(2)(Y) of this Section;
            (D-21.5) For taxable years beginning on or after
        January 1, 2018, in the case of the transfer of moneys
        from a qualified tuition program under Section 529 or
        a qualified ABLE program under Section 529A of the
        Internal Revenue Code that is administered by this
        State to an ABLE account established under an
        out-of-state ABLE account program, an amount equal to
        the contribution component of the transferred amount
        that was previously deducted from base income under
        subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
        Section;
            (D-22) For taxable years beginning on or after
        January 1, 2009, and prior to January 1, 2018, in the
        case of a nonqualified withdrawal or refund of moneys
        from a qualified tuition program under Section 529 of
        the Internal Revenue Code administered by the State
        that is not used for qualified expenses at an eligible
        education institution, an amount equal to the
        contribution component of the nonqualified withdrawal
        or refund that was previously deducted from base
        income under subsection (a)(2)(y) of this Section,
        provided that the withdrawal or refund did not result
        from the beneficiary's death or disability. For
        taxable years beginning on or after January 1, 2018:
        (1) in the case of a nonqualified withdrawal or
        refund, as defined under Section 16.5 of the State
        Treasurer Act, of moneys from a qualified tuition
        program under Section 529 of the Internal Revenue Code
        administered by the State, an amount equal to the
        contribution component of the nonqualified withdrawal
        or refund that was previously deducted from base
        income under subsection (a)(2)(Y) of this Section, and
        (2) in the case of a nonqualified withdrawal or refund
        from a qualified ABLE program under Section 529A of
        the Internal Revenue Code administered by the State
        that is not used for qualified disability expenses, an
        amount equal to the contribution component of the
        nonqualified withdrawal or refund that was previously
        deducted from base income under subsection (a)(2)(HH)
        of this Section;
            (D-23) An amount equal to the credit allowable to
        the taxpayer under Section 218(a) of this Act,
        determined without regard to Section 218(c) of this
        Act;
            (D-24) For taxable years ending on or after
        December 31, 2017, an amount equal to the deduction
        allowed under Section 199 of the Internal Revenue Code
        for the taxable year;
            (D-25) In the case of a resident, an amount equal
        to the amount of tax for which a credit is allowed
        pursuant to Section 201(p)(7) of this Act;
    and by deducting from the total so obtained the sum of the
    following amounts:
            (E) For taxable years ending before December 31,
        2001, any amount included in such total in respect of
        any compensation (including but not limited to any
        compensation paid or accrued to a serviceman while a
        prisoner of war or missing in action) paid to a
        resident by reason of being on active duty in the Armed
        Forces of the United States and in respect of any
        compensation paid or accrued to a resident who as a
        governmental employee was a prisoner of war or missing
        in action, and in respect of any compensation paid to a
        resident in 1971 or thereafter for annual training
        performed pursuant to Sections 502 and 503, Title 32,
        United States Code as a member of the Illinois
        National Guard or, beginning with taxable years ending
        on or after December 31, 2007, the National Guard of
        any other state. For taxable years ending on or after
        December 31, 2001, any amount included in such total
        in respect of any compensation (including but not
        limited to any compensation paid or accrued to a
        serviceman while a prisoner of war or missing in
        action) paid to a resident by reason of being a member
        of any component of the Armed Forces of the United
        States and in respect of any compensation paid or
        accrued to a resident who as a governmental employee
        was a prisoner of war or missing in action, and in
        respect of any compensation paid to a resident in 2001
        or thereafter by reason of being a member of the
        Illinois National Guard or, beginning with taxable
        years ending on or after December 31, 2007, the
        National Guard of any other state. The provisions of
        this subparagraph (E) are exempt from the provisions
        of Section 250;
            (F) An amount equal to all amounts included in
        such total pursuant to the provisions of Sections
        402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
        408 of the Internal Revenue Code, or included in such
        total as distributions under the provisions of any
        retirement or disability plan for employees of any
        governmental agency or unit, or retirement payments to
        retired partners, which payments are excluded in
        computing net earnings from self employment by Section
        1402 of the Internal Revenue Code and regulations
        adopted pursuant thereto;
            (G) The valuation limitation amount;
            (H) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (I) An amount equal to all amounts included in
        such total pursuant to the provisions of Section 111
        of the Internal Revenue Code as a recovery of items
        previously deducted from adjusted gross income in the
        computation of taxable income;
            (J) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act, and conducts
        substantially all of its operations in a River Edge
        Redevelopment Zone or zones. This subparagraph (J) is
        exempt from the provisions of Section 250;
            (K) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated
        a High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (J) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (K);
            (L) For taxable years ending after December 31,
        1983, an amount equal to all social security benefits
        and railroad retirement benefits included in such
        total pursuant to Sections 72(r) and 86 of the
        Internal Revenue Code;
            (M) With the exception of any amounts subtracted
        under subparagraph (N), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
        and all amounts of expenses allocable to interest and
        disallowed as deductions by Section 265(a)(1) of the
        Internal Revenue Code; and (ii) for taxable years
        ending on or after August 13, 1999, Sections
        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
        Internal Revenue Code, plus, for taxable years ending
        on or after December 31, 2011, Section 45G(e)(3) of
        the Internal Revenue Code and, for taxable years
        ending on or after December 31, 2008, any amount
        included in gross income under Section 87 of the
        Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (N) An amount equal to all amounts included in
        such total which are exempt from taxation by this
        State either by reason of its statutes or Constitution
        or by reason of the Constitution, treaties or statutes
        of the United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest
        net of bond premium amortization;
            (O) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (P) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code or of any itemized deduction
        taken from adjusted gross income in the computation of
        taxable income for restoration of substantial amounts
        held under claim of right for the taxable year;
            (Q) An amount equal to any amounts included in
        such total, received by the taxpayer as an
        acceleration in the payment of life, endowment or
        annuity benefits in advance of the time they would
        otherwise be payable as an indemnity for a terminal
        illness;
            (R) An amount equal to the amount of any federal or
        State bonus paid to veterans of the Persian Gulf War;
            (S) An amount, to the extent included in adjusted
        gross income, equal to the amount of a contribution
        made in the taxable year on behalf of the taxpayer to a
        medical care savings account established under the
        Medical Care Savings Account Act or the Medical Care
        Savings Account Act of 2000 to the extent the
        contribution is accepted by the account administrator
        as provided in that Act;
            (T) An amount, to the extent included in adjusted
        gross income, equal to the amount of interest earned
        in the taxable year on a medical care savings account
        established under the Medical Care Savings Account Act
        or the Medical Care Savings Account Act of 2000 on
        behalf of the taxpayer, other than interest added
        pursuant to item (D-5) of this paragraph (2);
            (U) For one taxable year beginning on or after
        January 1, 1994, an amount equal to the total amount of
        tax imposed and paid under subsections (a) and (b) of
        Section 201 of this Act on grant amounts received by
        the taxpayer under the Nursing Home Grant Assistance
        Act during the taxpayer's taxable years 1992 and 1993;
            (V) Beginning with tax years ending on or after
        December 31, 1995 and ending with tax years ending on
        or before December 31, 2004, an amount equal to the
        amount paid by a taxpayer who is a self-employed
        taxpayer, a partner of a partnership, or a shareholder
        in a Subchapter S corporation for health insurance or
        long-term care insurance for that taxpayer or that
        taxpayer's spouse or dependents, to the extent that
        the amount paid for that health insurance or long-term
        care insurance may be deducted under Section 213 of
        the Internal Revenue Code, has not been deducted on
        the federal income tax return of the taxpayer, and
        does not exceed the taxable income attributable to
        that taxpayer's income, self-employment income, or
        Subchapter S corporation income; except that no
        deduction shall be allowed under this item (V) if the
        taxpayer is eligible to participate in any health
        insurance or long-term care insurance plan of an
        employer of the taxpayer or the taxpayer's spouse. The
        amount of the health insurance and long-term care
        insurance subtracted under this item (V) shall be
        determined by multiplying total health insurance and
        long-term care insurance premiums paid by the taxpayer
        times a number that represents the fractional
        percentage of eligible medical expenses under Section
        213 of the Internal Revenue Code of 1986 not actually
        deducted on the taxpayer's federal income tax return;
            (W) For taxable years beginning on or after
        January 1, 1998, all amounts included in the
        taxpayer's federal gross income in the taxable year
        from amounts converted from a regular IRA to a Roth
        IRA. This paragraph is exempt from the provisions of
        Section 250;
            (X) For taxable year 1999 and thereafter, an
        amount equal to the amount of any (i) distributions,
        to the extent includible in gross income for federal
        income tax purposes, made to the taxpayer because of
        his or her status as a victim of persecution for racial
        or religious reasons by Nazi Germany or any other Axis
        regime or as an heir of the victim and (ii) items of
        income, to the extent includible in gross income for
        federal income tax purposes, attributable to, derived
        from or in any way related to assets stolen from,
        hidden from, or otherwise lost to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime immediately prior to,
        during, and immediately after World War II, including,
        but not limited to, interest on the proceeds
        receivable as insurance under policies issued to a
        victim of persecution for racial or religious reasons
        by Nazi Germany or any other Axis regime by European
        insurance companies immediately prior to and during
        World War II; provided, however, this subtraction from
        federal adjusted gross income does not apply to assets
        acquired with such assets or with the proceeds from
        the sale of such assets; provided, further, this
        paragraph shall only apply to a taxpayer who was the
        first recipient of such assets after their recovery
        and who is a victim of persecution for racial or
        religious reasons by Nazi Germany or any other Axis
        regime or as an heir of the victim. The amount of and
        the eligibility for any public assistance, benefit, or
        similar entitlement is not affected by the inclusion
        of items (i) and (ii) of this paragraph in gross income
        for federal income tax purposes. This paragraph is
        exempt from the provisions of Section 250;
            (Y) For taxable years beginning on or after
        January 1, 2002 and ending on or before December 31,
        2004, moneys contributed in the taxable year to a
        College Savings Pool account under Section 16.5 of the
        State Treasurer Act, except that amounts excluded from
        gross income under Section 529(c)(3)(C)(i) of the
        Internal Revenue Code shall not be considered moneys
        contributed under this subparagraph (Y). For taxable
        years beginning on or after January 1, 2005, a maximum
        of $10,000 contributed in the taxable year to (i) a
        College Savings Pool account under Section 16.5 of the
        State Treasurer Act or (ii) the Illinois Prepaid
        Tuition Trust Fund, except that amounts excluded from
        gross income under Section 529(c)(3)(C)(i) of the
        Internal Revenue Code shall not be considered moneys
        contributed under this subparagraph (Y). For purposes
        of this subparagraph, contributions made by an
        employer on behalf of an employee, or matching
        contributions made by an employee, shall be treated as
        made by the employee. This subparagraph (Y) is exempt
        from the provisions of Section 250;
            (Z) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not
            including the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied
                by 0.429);
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0;
                    (iii) for property on which a bonus
                depreciation deduction of 100% of the adjusted
                basis was taken in a taxable year ending on or
                after December 31, 2021, "x" equals the
                depreciation deduction that would be allowed
                on that property if the taxpayer had made the
                election under Section 168(k)(7) of the
                Internal Revenue Code to not claim bonus
                depreciation on that property; and
                    (iv) for property on which a bonus
                depreciation deduction of a percentage other
                than 30%, 50% or 100% of the adjusted basis
                was taken in a taxable year ending on or after
                December 31, 2021, "x" equals "y" multiplied
                by 100 times the percentage bonus depreciation
                on the property (that is, 100(bonus%)) and
                then divided by 100 times 1 minus the
                percentage bonus depreciation on the property
                (that is, 100(1-bonus%)).
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (Z) is exempt from the provisions of
        Section 250;
            (AA) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-15), then
        an amount equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which a
        subtraction is allowed with respect to that property
        under subparagraph (Z) and for which the taxpayer was
        required in any taxable year to make an addition
        modification under subparagraph (D-15), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction
        under this subparagraph only once with respect to any
        one piece of property.
            This subparagraph (AA) is exempt from the
        provisions of Section 250;
            (BB) Any amount included in adjusted gross income,
        other than salary, received by a driver in a
        ridesharing arrangement using a motor vehicle;
            (CC) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction
        with a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of that addition modification, and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer
        that is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of that
        addition modification. This subparagraph (CC) is
        exempt from the provisions of Section 250;
            (DD) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but
        for the fact that the foreign person's business
        activity outside the United States is 80% or more of
        that person's total business activity and (ii) for
        taxable years ending on or after December 31, 2008, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304, but
        not to exceed the addition modification required to be
        made for the same taxable year under Section
        203(a)(2)(D-17) for interest paid, accrued, or
        incurred, directly or indirectly, to the same person.
        This subparagraph (DD) is exempt from the provisions
        of Section 250;
            (EE) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but
        for the fact that the foreign person's business
        activity outside the United States is 80% or more of
        that person's total business activity and (ii) for
        taxable years ending on or after December 31, 2008, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304, but
        not to exceed the addition modification required to be
        made for the same taxable year under Section
        203(a)(2)(D-18) for intangible expenses and costs
        paid, accrued, or incurred, directly or indirectly, to
        the same foreign person. This subparagraph (EE) is
        exempt from the provisions of Section 250;
            (FF) An amount equal to any amount awarded to the
        taxpayer during the taxable year by the Court of
        Claims under subsection (c) of Section 8 of the Court
        of Claims Act for time unjustly served in a State
        prison. This subparagraph (FF) is exempt from the
        provisions of Section 250;
            (GG) For taxable years ending on or after December
        31, 2011, in the case of a taxpayer who was required to
        add back any insurance premiums under Section
        203(a)(2)(D-19), such taxpayer may elect to subtract
        that part of a reimbursement received from the
        insurance company equal to the amount of the expense
        or loss (including expenses incurred by the insurance
        company) that would have been taken into account as a
        deduction for federal income tax purposes if the
        expense or loss had been uninsured. If a taxpayer
        makes the election provided for by this subparagraph
        (GG), the insurer to which the premiums were paid must
        add back to income the amount subtracted by the
        taxpayer pursuant to this subparagraph (GG). This
        subparagraph (GG) is exempt from the provisions of
        Section 250;
            (HH) For taxable years beginning on or after
        January 1, 2018 and prior to January 1, 2028, a maximum
        of $10,000 contributed in the taxable year to a
        qualified ABLE account under Section 16.6 of the State
        Treasurer Act, except that amounts excluded from gross
        income under Section 529(c)(3)(C)(i) or Section
        529A(c)(1)(C) of the Internal Revenue Code shall not
        be considered moneys contributed under this
        subparagraph (HH). For purposes of this subparagraph
        (HH), contributions made by an employer on behalf of
        an employee, or matching contributions made by an
        employee, shall be treated as made by the employee;
            (II) For taxable years that begin on or after
        January 1, 2021 and begin before January 1, 2026, the
        amount that is included in the taxpayer's federal
        adjusted gross income pursuant to Section 61 of the
        Internal Revenue Code as discharge of indebtedness
        attributable to student loan forgiveness and that is
        not excluded from the taxpayer's federal adjusted
        gross income pursuant to paragraph (5) of subsection
        (f) of Section 108 of the Internal Revenue Code; and
            (JJ) For taxable years beginning on or after
        January 1, 2023, for any cannabis establishment
        operating in this State and licensed under the
        Cannabis Regulation and Tax Act or any cannabis
        cultivation center or medical cannabis dispensing
        organization operating in this State and licensed
        under the Compassionate Use of Medical Cannabis
        Program Act, an amount equal to the deductions that
        were disallowed under Section 280E of the Internal
        Revenue Code for the taxable year and that would not be
        added back under this subsection. The provisions of
        this subparagraph (JJ) are exempt from the provisions
        of Section 250; and .
            (KK) (JJ) To the extent includible in gross income
        for federal income tax purposes, any amount awarded or
        paid to the taxpayer as a result of a judgment or
        settlement for fertility fraud as provided in Section
        15 of the Illinois Fertility Fraud Act, donor
        fertility fraud as provided in Section 20 of the
        Illinois Fertility Fraud Act, or similar action in
        another state.
 
    (b) Corporations.
        (1) In general. In the case of a corporation, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. The taxable income referred to in
    paragraph (1) shall be modified by adding thereto the sum
    of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest and all distributions
        received from regulated investment companies during
        the taxable year to the extent excluded from gross
        income in the computation of taxable income;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of taxable income for the taxable
        year;
            (C) In the case of a regulated investment company,
        an amount equal to the excess of (i) the net long-term
        capital gain for the taxable year, over (ii) the
        amount of the capital gain dividends designated as
        such in accordance with Section 852(b)(3)(C) of the
        Internal Revenue Code and any amount designated under
        Section 852(b)(3)(D) of the Internal Revenue Code,
        attributable to the taxable year (this amendatory Act
        of 1995 (Public Act 89-89) is declarative of existing
        law and is not a new enactment);
            (D) The amount of any net operating loss deduction
        taken in arriving at taxable income, other than a net
        operating loss carried forward from a taxable year
        ending prior to December 31, 1986;
            (E) For taxable years in which a net operating
        loss carryback or carryforward from a taxable year
        ending prior to December 31, 1986 is an element of
        taxable income under paragraph (1) of subsection (e)
        or subparagraph (E) of paragraph (2) of subsection
        (e), the amount by which addition modifications other
        than those provided by this subparagraph (E) exceeded
        subtraction modifications in such earlier taxable
        year, with the following limitations applied in the
        order that they are listed:
                (i) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall be reduced by the amount
            of addition modification under this subparagraph
            (E) which related to that net operating loss and
            which was taken into account in calculating the
            base income of an earlier taxable year, and
                (ii) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall not exceed the amount of
            such carryback or carryforward;
            For taxable years in which there is a net
        operating loss carryback or carryforward from more
        than one other taxable year ending prior to December
        31, 1986, the addition modification provided in this
        subparagraph (E) shall be the sum of the amounts
        computed independently under the preceding provisions
        of this subparagraph (E) for each such taxable year;
            (E-5) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation
        costs that the corporation deducted in computing
        adjusted gross income and for which the corporation
        claims a credit under subsection (l) of Section 201;
            (E-10) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of
        the Internal Revenue Code;
            (E-11) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (E-10), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (T) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which a
        subtraction is allowed with respect to that property
        under subparagraph (T) and for which the taxpayer was
        allowed in any taxable year to make a subtraction
        modification under subparagraph (T), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (E-12) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact the foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of
        the same person to whom the interest was paid,
        accrued, or incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract
            or agreement entered into at arm's-length rates
            and terms and the principal purpose for the
            payment is not federal or Illinois tax avoidance;
            or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act
            for any tax year beginning after the effective
            date of this amendment provided such adjustment is
            made pursuant to regulation adopted by the
            Department and such regulations provide methods
            and standards by which the Department will utilize
            its authority under Section 404 of this Act;
            (E-13) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred, or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(b)(2)(E-12) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes (1) expenses,
        losses, and costs for, or related to, the direct or
        indirect acquisition, use, maintenance or management,
        ownership, sale, exchange, or any other disposition of
        intangible property; (2) losses incurred, directly or
        indirectly, from factoring transactions or discounting
        transactions; (3) royalty, patent, technical, and
        copyright fees; (4) licensing fees; and (5) other
        similar expenses and costs. For purposes of this
        subparagraph, "intangible property" includes patents,
        patent applications, trade names, trademarks, service
        marks, copyrights, mask works, trade secrets, and
        similar types of intangible assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if
            the taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an
            alternative method of apportionment under Section
            304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act
            for any tax year beginning after the effective
            date of this amendment provided such adjustment is
            made pursuant to regulation adopted by the
            Department and such regulations provide methods
            and standards by which the Department will utilize
            its authority under Section 404 of this Act;
            (E-14) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the
        stock of the same person to whom the premiums and costs
        were directly or indirectly paid, incurred, or
        accrued. The preceding sentence does not apply to the
        extent that the same dividends caused a reduction to
        the addition modification required under Section
        203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
        Act;
            (E-15) For taxable years beginning after December
        31, 2008, any deduction for dividends paid by a
        captive real estate investment trust that is allowed
        to a real estate investment trust under Section
        857(b)(2)(B) of the Internal Revenue Code for
        dividends paid;
            (E-16) An amount equal to the credit allowable to
        the taxpayer under Section 218(a) of this Act,
        determined without regard to Section 218(c) of this
        Act;
            (E-17) For taxable years ending on or after
        December 31, 2017, an amount equal to the deduction
        allowed under Section 199 of the Internal Revenue Code
        for the taxable year;
            (E-18) for taxable years beginning after December
        31, 2018, an amount equal to the deduction allowed
        under Section 250(a)(1)(A) of the Internal Revenue
        Code for the taxable year;
            (E-19) for taxable years ending on or after June
        30, 2021, an amount equal to the deduction allowed
        under Section 250(a)(1)(B)(i) of the Internal Revenue
        Code for the taxable year;
            (E-20) for taxable years ending on or after June
        30, 2021, an amount equal to the deduction allowed
        under Sections 243(e) and 245A(a) of the Internal
        Revenue Code for the taxable year.
    and by deducting from the total so obtained the sum of the
    following amounts:
            (F) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (G) An amount equal to any amount included in such
        total under Section 78 of the Internal Revenue Code;
            (H) In the case of a regulated investment company,
        an amount equal to the amount of exempt interest
        dividends as defined in subsection (b)(5) of Section
        852 of the Internal Revenue Code, paid to shareholders
        for the taxable year;
            (I) With the exception of any amounts subtracted
        under subparagraph (J), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a)(2) and 265(a)(2) and amounts disallowed as
        interest expense by Section 291(a)(3) of the Internal
        Revenue Code, and all amounts of expenses allocable to
        interest and disallowed as deductions by Section
        265(a)(1) of the Internal Revenue Code; and (ii) for
        taxable years ending on or after August 13, 1999,
        Sections 171(a)(2), 265, 280C, 291(a)(3), and
        832(b)(5)(B)(i) of the Internal Revenue Code, plus,
        for tax years ending on or after December 31, 2011,
        amounts disallowed as deductions by Section 45G(e)(3)
        of the Internal Revenue Code and, for taxable years
        ending on or after December 31, 2008, any amount
        included in gross income under Section 87 of the
        Internal Revenue Code and the policyholders' share of
        tax-exempt interest of a life insurance company under
        Section 807(a)(2)(B) of the Internal Revenue Code (in
        the case of a life insurance company with gross income
        from a decrease in reserves for the tax year) or
        Section 807(b)(1)(B) of the Internal Revenue Code (in
        the case of a life insurance company allowed a
        deduction for an increase in reserves for the tax
        year); the provisions of this subparagraph are exempt
        from the provisions of Section 250;
            (J) An amount equal to all amounts included in
        such total which are exempt from taxation by this
        State either by reason of its statutes or Constitution
        or by reason of the Constitution, treaties or statutes
        of the United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest
        net of bond premium amortization;
            (K) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act and conducts substantially
        all of its operations in a River Edge Redevelopment
        Zone or zones. This subparagraph (K) is exempt from
        the provisions of Section 250;
            (L) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated
        a High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (K) of paragraph 2 of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (L);
            (M) For any taxpayer that is a financial
        organization within the meaning of Section 304(c) of
        this Act, an amount included in such total as interest
        income from a loan or loans made by such taxpayer to a
        borrower, to the extent that such a loan is secured by
        property which is eligible for the River Edge
        Redevelopment Zone Investment Credit. To determine the
        portion of a loan or loans that is secured by property
        eligible for a Section 201(f) investment credit to the
        borrower, the entire principal amount of the loan or
        loans between the taxpayer and the borrower should be
        divided into the basis of the Section 201(f)
        investment credit property which secures the loan or
        loans, using for this purpose the original basis of
        such property on the date that it was placed in service
        in the River Edge Redevelopment Zone. The subtraction
        modification available to the taxpayer in any year
        under this subsection shall be that portion of the
        total interest paid by the borrower with respect to
        such loan attributable to the eligible property as
        calculated under the previous sentence. This
        subparagraph (M) is exempt from the provisions of
        Section 250;
            (M-1) For any taxpayer that is a financial
        organization within the meaning of Section 304(c) of
        this Act, an amount included in such total as interest
        income from a loan or loans made by such taxpayer to a
        borrower, to the extent that such a loan is secured by
        property which is eligible for the High Impact
        Business Investment Credit. To determine the portion
        of a loan or loans that is secured by property eligible
        for a Section 201(h) investment credit to the
        borrower, the entire principal amount of the loan or
        loans between the taxpayer and the borrower should be
        divided into the basis of the Section 201(h)
        investment credit property which secures the loan or
        loans, using for this purpose the original basis of
        such property on the date that it was placed in service
        in a federally designated Foreign Trade Zone or
        Sub-Zone located in Illinois. No taxpayer that is
        eligible for the deduction provided in subparagraph
        (M) of paragraph (2) of this subsection shall be
        eligible for the deduction provided under this
        subparagraph (M-1). The subtraction modification
        available to taxpayers in any year under this
        subsection shall be that portion of the total interest
        paid by the borrower with respect to such loan
        attributable to the eligible property as calculated
        under the previous sentence;
            (N) Two times any contribution made during the
        taxable year to a designated zone organization to the
        extent that the contribution (i) qualifies as a
        charitable contribution under subsection (c) of
        Section 170 of the Internal Revenue Code and (ii)
        must, by its terms, be used for a project approved by
        the Department of Commerce and Economic Opportunity
        under Section 11 of the Illinois Enterprise Zone Act
        or under Section 10-10 of the River Edge Redevelopment
        Zone Act. This subparagraph (N) is exempt from the
        provisions of Section 250;
            (O) An amount equal to: (i) 85% for taxable years
        ending on or before December 31, 1992, or, a
        percentage equal to the percentage allowable under
        Section 243(a)(1) of the Internal Revenue Code of 1986
        for taxable years ending after December 31, 1992, of
        the amount by which dividends included in taxable
        income and received from a corporation that is not
        created or organized under the laws of the United
        States or any state or political subdivision thereof,
        including, for taxable years ending on or after
        December 31, 1988, dividends received or deemed
        received or paid or deemed paid under Sections 951
        through 965 of the Internal Revenue Code, exceed the
        amount of the modification provided under subparagraph
        (G) of paragraph (2) of this subsection (b) which is
        related to such dividends, and including, for taxable
        years ending on or after December 31, 2008, dividends
        received from a captive real estate investment trust;
        plus (ii) 100% of the amount by which dividends,
        included in taxable income and received, including,
        for taxable years ending on or after December 31,
        1988, dividends received or deemed received or paid or
        deemed paid under Sections 951 through 964 of the
        Internal Revenue Code and including, for taxable years
        ending on or after December 31, 2008, dividends
        received from a captive real estate investment trust,
        from any such corporation specified in clause (i) that
        would but for the provisions of Section 1504(b)(3) of
        the Internal Revenue Code be treated as a member of the
        affiliated group which includes the dividend
        recipient, exceed the amount of the modification
        provided under subparagraph (G) of paragraph (2) of
        this subsection (b) which is related to such
        dividends. For taxable years ending on or after June
        30, 2021, (i) for purposes of this subparagraph, the
        term "dividend" does not include any amount treated as
        a dividend under Section 1248 of the Internal Revenue
        Code, and (ii) this subparagraph shall not apply to
        dividends for which a deduction is allowed under
        Section 245(a) of the Internal Revenue Code. This
        subparagraph (O) is exempt from the provisions of
        Section 250 of this Act;
            (P) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (Q) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code;
            (R) On and after July 20, 1999, in the case of an
        attorney-in-fact with respect to whom an interinsurer
        or a reciprocal insurer has made the election under
        Section 835 of the Internal Revenue Code, 26 U.S.C.
        835, an amount equal to the excess, if any, of the
        amounts paid or incurred by that interinsurer or
        reciprocal insurer in the taxable year to the
        attorney-in-fact over the deduction allowed to that
        interinsurer or reciprocal insurer with respect to the
        attorney-in-fact under Section 835(b) of the Internal
        Revenue Code for the taxable year; the provisions of
        this subparagraph are exempt from the provisions of
        Section 250;
            (S) For taxable years ending on or after December
        31, 1997, in the case of a Subchapter S corporation, an
        amount equal to all amounts of income allocable to a
        shareholder subject to the Personal Property Tax
        Replacement Income Tax imposed by subsections (c) and
        (d) of Section 201 of this Act, including amounts
        allocable to organizations exempt from federal income
        tax by reason of Section 501(a) of the Internal
        Revenue Code. This subparagraph (S) is exempt from the
        provisions of Section 250;
            (T) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not
            including the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied
                by 0.429);
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0;
                    (iii) for property on which a bonus
                depreciation deduction of 100% of the adjusted
                basis was taken in a taxable year ending on or
                after December 31, 2021, "x" equals the
                depreciation deduction that would be allowed
                on that property if the taxpayer had made the
                election under Section 168(k)(7) of the
                Internal Revenue Code to not claim bonus
                depreciation on that property; and
                    (iv) for property on which a bonus
                depreciation deduction of a percentage other
                than 30%, 50% or 100% of the adjusted basis
                was taken in a taxable year ending on or after
                December 31, 2021, "x" equals "y" multiplied
                by 100 times the percentage bonus depreciation
                on the property (that is, 100(bonus%)) and
                then divided by 100 times 1 minus the
                percentage bonus depreciation on the property
                (that is, 100(1-bonus%)).
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (T) is exempt from the provisions of
        Section 250;
            (U) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (E-10), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which a
        subtraction is allowed with respect to that property
        under subparagraph (T) and for which the taxpayer was
        required in any taxable year to make an addition
        modification under subparagraph (E-10), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction
        under this subparagraph only once with respect to any
        one piece of property.
            This subparagraph (U) is exempt from the
        provisions of Section 250;
            (V) The amount of: (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction
        with a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification, (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer
        that is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification, and (iii) any insurance premium
        income (net of deductions allocable thereto) taken
        into account for the taxable year with respect to a
        transaction with a taxpayer that is required to make
        an addition modification with respect to such
        transaction under Section 203(a)(2)(D-19), Section
        203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
        203(d)(2)(D-9), but not to exceed the amount of that
        addition modification. This subparagraph (V) is exempt
        from the provisions of Section 250;
            (W) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but
        for the fact that the foreign person's business
        activity outside the United States is 80% or more of
        that person's total business activity and (ii) for
        taxable years ending on or after December 31, 2008, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304, but
        not to exceed the addition modification required to be
        made for the same taxable year under Section
        203(b)(2)(E-12) for interest paid, accrued, or
        incurred, directly or indirectly, to the same person.
        This subparagraph (W) is exempt from the provisions of
        Section 250;
            (X) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but
        for the fact that the foreign person's business
        activity outside the United States is 80% or more of
        that person's total business activity and (ii) for
        taxable years ending on or after December 31, 2008, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304, but
        not to exceed the addition modification required to be
        made for the same taxable year under Section
        203(b)(2)(E-13) for intangible expenses and costs
        paid, accrued, or incurred, directly or indirectly, to
        the same foreign person. This subparagraph (X) is
        exempt from the provisions of Section 250;
            (Y) For taxable years ending on or after December
        31, 2011, in the case of a taxpayer who was required to
        add back any insurance premiums under Section
        203(b)(2)(E-14), such taxpayer may elect to subtract
        that part of a reimbursement received from the
        insurance company equal to the amount of the expense
        or loss (including expenses incurred by the insurance
        company) that would have been taken into account as a
        deduction for federal income tax purposes if the
        expense or loss had been uninsured. If a taxpayer
        makes the election provided for by this subparagraph
        (Y), the insurer to which the premiums were paid must
        add back to income the amount subtracted by the
        taxpayer pursuant to this subparagraph (Y). This
        subparagraph (Y) is exempt from the provisions of
        Section 250;
            (Z) The difference between the nondeductible
        controlled foreign corporation dividends under Section
        965(e)(3) of the Internal Revenue Code over the
        taxable income of the taxpayer, computed without
        regard to Section 965(e)(2)(A) of the Internal Revenue
        Code, and without regard to any net operating loss
        deduction. This subparagraph (Z) is exempt from the
        provisions of Section 250; and
            (AA) For taxable years beginning on or after
        January 1, 2023, for any cannabis establishment
        operating in this State and licensed under the
        Cannabis Regulation and Tax Act or any cannabis
        cultivation center or medical cannabis dispensing
        organization operating in this State and licensed
        under the Compassionate Use of Medical Cannabis
        Program Act, an amount equal to the deductions that
        were disallowed under Section 280E of the Internal
        Revenue Code for the taxable year and that would not be
        added back under this subsection. The provisions of
        this subparagraph (AA) are exempt from the provisions
        of Section 250.
        (3) Special rule. For purposes of paragraph (2)(A),
    "gross income" in the case of a life insurance company,
    for tax years ending on and after December 31, 1994, and
    prior to December 31, 2011, shall mean the gross
    investment income for the taxable year and, for tax years
    ending on or after December 31, 2011, shall mean all
    amounts included in life insurance gross income under
    Section 803(a)(3) of the Internal Revenue Code.
 
    (c) Trusts and estates.
        (1) In general. In the case of a trust or estate, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. Subject to the provisions of
    paragraph (3), the taxable income referred to in paragraph
    (1) shall be modified by adding thereto the sum of the
    following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of taxable income;
            (B) In the case of (i) an estate, $600; (ii) a
        trust which, under its governing instrument, is
        required to distribute all of its income currently,
        $300; and (iii) any other trust, $100, but in each such
        case, only to the extent such amount was deducted in
        the computation of taxable income;
            (C) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of taxable income for the taxable
        year;
            (D) The amount of any net operating loss deduction
        taken in arriving at taxable income, other than a net
        operating loss carried forward from a taxable year
        ending prior to December 31, 1986;
            (E) For taxable years in which a net operating
        loss carryback or carryforward from a taxable year
        ending prior to December 31, 1986 is an element of
        taxable income under paragraph (1) of subsection (e)
        or subparagraph (E) of paragraph (2) of subsection
        (e), the amount by which addition modifications other
        than those provided by this subparagraph (E) exceeded
        subtraction modifications in such taxable year, with
        the following limitations applied in the order that
        they are listed:
                (i) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall be reduced by the amount
            of addition modification under this subparagraph
            (E) which related to that net operating loss and
            which was taken into account in calculating the
            base income of an earlier taxable year, and
                (ii) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall not exceed the amount of
            such carryback or carryforward;
            For taxable years in which there is a net
        operating loss carryback or carryforward from more
        than one other taxable year ending prior to December
        31, 1986, the addition modification provided in this
        subparagraph (E) shall be the sum of the amounts
        computed independently under the preceding provisions
        of this subparagraph (E) for each such taxable year;
            (F) For taxable years ending on or after January
        1, 1989, an amount equal to the tax deducted pursuant
        to Section 164 of the Internal Revenue Code if the
        trust or estate is claiming the same tax for purposes
        of the Illinois foreign tax credit under Section 601
        of this Act;
            (G) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of taxable income;
            (G-5) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation
        costs that the trust or estate deducted in computing
        adjusted gross income and for which the trust or
        estate claims a credit under subsection (l) of Section
        201;
            (G-10) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of
        the Internal Revenue Code; and
            (G-11) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (G-10), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (R) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which a
        subtraction is allowed with respect to that property
        under subparagraph (R) and for which the taxpayer was
        allowed in any taxable year to make a subtraction
        modification under subparagraph (R), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (G-12) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact that the foreign person's business activity
        outside the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of
        the same person to whom the interest was paid,
        accrued, or incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract
            or agreement entered into at arm's-length rates
            and terms and the principal purpose for the
            payment is not federal or Illinois tax avoidance;
            or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act
            for any tax year beginning after the effective
            date of this amendment provided such adjustment is
            made pursuant to regulation adopted by the
            Department and such regulations provide methods
            and standards by which the Department will utilize
            its authority under Section 404 of this Act;
            (G-13) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred, or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(c)(2)(G-12) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes: (1)
        expenses, losses, and costs for or related to the
        direct or indirect acquisition, use, maintenance or
        management, ownership, sale, exchange, or any other
        disposition of intangible property; (2) losses
        incurred, directly or indirectly, from factoring
        transactions or discounting transactions; (3) royalty,
        patent, technical, and copyright fees; (4) licensing
        fees; and (5) other similar expenses and costs. For
        purposes of this subparagraph, "intangible property"
        includes patents, patent applications, trade names,
        trademarks, service marks, copyrights, mask works,
        trade secrets, and similar types of intangible assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if
            the taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an
            alternative method of apportionment under Section
            304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act
            for any tax year beginning after the effective
            date of this amendment provided such adjustment is
            made pursuant to regulation adopted by the
            Department and such regulations provide methods
            and standards by which the Department will utilize
            its authority under Section 404 of this Act;
            (G-14) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the
        stock of the same person to whom the premiums and costs
        were directly or indirectly paid, incurred, or
        accrued. The preceding sentence does not apply to the
        extent that the same dividends caused a reduction to
        the addition modification required under Section
        203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
        Act;
            (G-15) An amount equal to the credit allowable to
        the taxpayer under Section 218(a) of this Act,
        determined without regard to Section 218(c) of this
        Act;
            (G-16) For taxable years ending on or after
        December 31, 2017, an amount equal to the deduction
        allowed under Section 199 of the Internal Revenue Code
        for the taxable year;
    and by deducting from the total so obtained the sum of the
    following amounts:
            (H) An amount equal to all amounts included in
        such total pursuant to the provisions of Sections
        402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
        of the Internal Revenue Code or included in such total
        as distributions under the provisions of any
        retirement or disability plan for employees of any
        governmental agency or unit, or retirement payments to
        retired partners, which payments are excluded in
        computing net earnings from self employment by Section
        1402 of the Internal Revenue Code and regulations
        adopted pursuant thereto;
            (I) The valuation limitation amount;
            (J) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (K) An amount equal to all amounts included in
        taxable income as modified by subparagraphs (A), (B),
        (C), (D), (E), (F) and (G) which are exempt from
        taxation by this State either by reason of its
        statutes or Constitution or by reason of the
        Constitution, treaties or statutes of the United
        States; provided that, in the case of any statute of
        this State that exempts income derived from bonds or
        other obligations from the tax imposed under this Act,
        the amount exempted shall be the interest net of bond
        premium amortization;
            (L) With the exception of any amounts subtracted
        under subparagraph (K), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
        and all amounts of expenses allocable to interest and
        disallowed as deductions by Section 265(a)(1) of the
        Internal Revenue Code; and (ii) for taxable years
        ending on or after August 13, 1999, Sections
        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
        Internal Revenue Code, plus, (iii) for taxable years
        ending on or after December 31, 2011, Section
        45G(e)(3) of the Internal Revenue Code and, for
        taxable years ending on or after December 31, 2008,
        any amount included in gross income under Section 87
        of the Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (M) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act and conducts substantially
        all of its operations in a River Edge Redevelopment
        Zone or zones. This subparagraph (M) is exempt from
        the provisions of Section 250;
            (N) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (O) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated
        a High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (M) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (O);
            (P) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code;
            (Q) For taxable year 1999 and thereafter, an
        amount equal to the amount of any (i) distributions,
        to the extent includible in gross income for federal
        income tax purposes, made to the taxpayer because of
        his or her status as a victim of persecution for racial
        or religious reasons by Nazi Germany or any other Axis
        regime or as an heir of the victim and (ii) items of
        income, to the extent includible in gross income for
        federal income tax purposes, attributable to, derived
        from or in any way related to assets stolen from,
        hidden from, or otherwise lost to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime immediately prior to,
        during, and immediately after World War II, including,
        but not limited to, interest on the proceeds
        receivable as insurance under policies issued to a
        victim of persecution for racial or religious reasons
        by Nazi Germany or any other Axis regime by European
        insurance companies immediately prior to and during
        World War II; provided, however, this subtraction from
        federal adjusted gross income does not apply to assets
        acquired with such assets or with the proceeds from
        the sale of such assets; provided, further, this
        paragraph shall only apply to a taxpayer who was the
        first recipient of such assets after their recovery
        and who is a victim of persecution for racial or
        religious reasons by Nazi Germany or any other Axis
        regime or as an heir of the victim. The amount of and
        the eligibility for any public assistance, benefit, or
        similar entitlement is not affected by the inclusion
        of items (i) and (ii) of this paragraph in gross income
        for federal income tax purposes. This paragraph is
        exempt from the provisions of Section 250;
            (R) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not
            including the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied
                by 0.429);
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0;
                    (iii) for property on which a bonus
                depreciation deduction of 100% of the adjusted
                basis was taken in a taxable year ending on or
                after December 31, 2021, "x" equals the
                depreciation deduction that would be allowed
                on that property if the taxpayer had made the
                election under Section 168(k)(7) of the
                Internal Revenue Code to not claim bonus
                depreciation on that property; and
                    (iv) for property on which a bonus
                depreciation deduction of a percentage other
                than 30%, 50% or 100% of the adjusted basis
                was taken in a taxable year ending on or after
                December 31, 2021, "x" equals "y" multiplied
                by 100 times the percentage bonus depreciation
                on the property (that is, 100(bonus%)) and
                then divided by 100 times 1 minus the
                percentage bonus depreciation on the property
                (that is, 100(1-bonus%)).
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (R) is exempt from the provisions of
        Section 250;
            (S) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (G-10), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which a
        subtraction is allowed with respect to that property
        under subparagraph (R) and for which the taxpayer was
        required in any taxable year to make an addition
        modification under subparagraph (G-10), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction
        under this subparagraph only once with respect to any
        one piece of property.
            This subparagraph (S) is exempt from the
        provisions of Section 250;
            (T) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction
        with a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer
        that is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification. This subparagraph (T) is exempt
        from the provisions of Section 250;
            (U) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but
        for the fact the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(c)(2)(G-12) for
        interest paid, accrued, or incurred, directly or
        indirectly, to the same person. This subparagraph (U)
        is exempt from the provisions of Section 250;
            (V) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but
        for the fact that the foreign person's business
        activity outside the United States is 80% or more of
        that person's total business activity and (ii) for
        taxable years ending on or after December 31, 2008, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304, but
        not to exceed the addition modification required to be
        made for the same taxable year under Section
        203(c)(2)(G-13) for intangible expenses and costs
        paid, accrued, or incurred, directly or indirectly, to
        the same foreign person. This subparagraph (V) is
        exempt from the provisions of Section 250;
            (W) in the case of an estate, an amount equal to
        all amounts included in such total pursuant to the
        provisions of Section 111 of the Internal Revenue Code
        as a recovery of items previously deducted by the
        decedent from adjusted gross income in the computation
        of taxable income. This subparagraph (W) is exempt
        from Section 250;
            (X) an amount equal to the refund included in such
        total of any tax deducted for federal income tax
        purposes, to the extent that deduction was added back
        under subparagraph (F). This subparagraph (X) is
        exempt from the provisions of Section 250;
            (Y) For taxable years ending on or after December
        31, 2011, in the case of a taxpayer who was required to
        add back any insurance premiums under Section
        203(c)(2)(G-14), such taxpayer may elect to subtract
        that part of a reimbursement received from the
        insurance company equal to the amount of the expense
        or loss (including expenses incurred by the insurance
        company) that would have been taken into account as a
        deduction for federal income tax purposes if the
        expense or loss had been uninsured. If a taxpayer
        makes the election provided for by this subparagraph
        (Y), the insurer to which the premiums were paid must
        add back to income the amount subtracted by the
        taxpayer pursuant to this subparagraph (Y). This
        subparagraph (Y) is exempt from the provisions of
        Section 250;
            (Z) For taxable years beginning after December 31,
        2018 and before January 1, 2026, the amount of excess
        business loss of the taxpayer disallowed as a
        deduction by Section 461(l)(1)(B) of the Internal
        Revenue Code; and
            (AA) For taxable years beginning on or after
        January 1, 2023, for any cannabis establishment
        operating in this State and licensed under the
        Cannabis Regulation and Tax Act or any cannabis
        cultivation center or medical cannabis dispensing
        organization operating in this State and licensed
        under the Compassionate Use of Medical Cannabis
        Program Act, an amount equal to the deductions that
        were disallowed under Section 280E of the Internal
        Revenue Code for the taxable year and that would not be
        added back under this subsection. The provisions of
        this subparagraph (AA) are exempt from the provisions
        of Section 250.
        (3) Limitation. The amount of any modification
    otherwise required under this subsection shall, under
    regulations prescribed by the Department, be adjusted by
    any amounts included therein which were properly paid,
    credited, or required to be distributed, or permanently
    set aside for charitable purposes pursuant to Internal
    Revenue Code Section 642(c) during the taxable year.
 
    (d) Partnerships.
        (1) In general. In the case of a partnership, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. The taxable income referred to in
    paragraph (1) shall be modified by adding thereto the sum
    of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of taxable income;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income for
        the taxable year;
            (C) The amount of deductions allowed to the
        partnership pursuant to Section 707 (c) of the
        Internal Revenue Code in calculating its taxable
        income;
            (D) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of taxable income;
            (D-5) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of
        the Internal Revenue Code;
            (D-6) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-5), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (O) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which a
        subtraction is allowed with respect to that property
        under subparagraph (O) and for which the taxpayer was
        allowed in any taxable year to make a subtraction
        modification under subparagraph (O), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (D-7) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact the foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of
        the same person to whom the interest was paid,
        accrued, or incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract
            or agreement entered into at arm's-length rates
            and terms and the principal purpose for the
            payment is not federal or Illinois tax avoidance;
            or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act
            for any tax year beginning after the effective
            date of this amendment provided such adjustment is
            made pursuant to regulation adopted by the
            Department and such regulations provide methods
            and standards by which the Department will utilize
            its authority under Section 404 of this Act; and
            (D-8) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(d)(2)(D-7) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes (1) expenses,
        losses, and costs for, or related to, the direct or
        indirect acquisition, use, maintenance or management,
        ownership, sale, exchange, or any other disposition of
        intangible property; (2) losses incurred, directly or
        indirectly, from factoring transactions or discounting
        transactions; (3) royalty, patent, technical, and
        copyright fees; (4) licensing fees; and (5) other
        similar expenses and costs. For purposes of this
        subparagraph, "intangible property" includes patents,
        patent applications, trade names, trademarks, service
        marks, copyrights, mask works, trade secrets, and
        similar types of intangible assets;
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if
            the taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an
            alternative method of apportionment under Section
            304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act
            for any tax year beginning after the effective
            date of this amendment provided such adjustment is
            made pursuant to regulation adopted by the
            Department and such regulations provide methods
            and standards by which the Department will utilize
            its authority under Section 404 of this Act;
            (D-9) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the
        stock of the same person to whom the premiums and costs
        were directly or indirectly paid, incurred, or
        accrued. The preceding sentence does not apply to the
        extent that the same dividends caused a reduction to
        the addition modification required under Section
        203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
            (D-10) An amount equal to the credit allowable to
        the taxpayer under Section 218(a) of this Act,
        determined without regard to Section 218(c) of this
        Act;
            (D-11) For taxable years ending on or after
        December 31, 2017, an amount equal to the deduction
        allowed under Section 199 of the Internal Revenue Code
        for the taxable year;
    and by deducting from the total so obtained the following
    amounts:
            (E) The valuation limitation amount;
            (F) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (G) An amount equal to all amounts included in
        taxable income as modified by subparagraphs (A), (B),
        (C) and (D) which are exempt from taxation by this
        State either by reason of its statutes or Constitution
        or by reason of the Constitution, treaties or statutes
        of the United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest
        net of bond premium amortization;
            (H) Any income of the partnership which
        constitutes personal service income as defined in
        Section 1348(b)(1) of the Internal Revenue Code (as in
        effect December 31, 1981) or a reasonable allowance
        for compensation paid or accrued for services rendered
        by partners to the partnership, whichever is greater;
        this subparagraph (H) is exempt from the provisions of
        Section 250;
            (I) An amount equal to all amounts of income
        distributable to an entity subject to the Personal
        Property Tax Replacement Income Tax imposed by
        subsections (c) and (d) of Section 201 of this Act
        including amounts distributable to organizations
        exempt from federal income tax by reason of Section
        501(a) of the Internal Revenue Code; this subparagraph
        (I) is exempt from the provisions of Section 250;
            (J) With the exception of any amounts subtracted
        under subparagraph (G), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
        and all amounts of expenses allocable to interest and
        disallowed as deductions by Section 265(a)(1) of the
        Internal Revenue Code; and (ii) for taxable years
        ending on or after August 13, 1999, Sections
        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
        Internal Revenue Code, plus, (iii) for taxable years
        ending on or after December 31, 2011, Section
        45G(e)(3) of the Internal Revenue Code and, for
        taxable years ending on or after December 31, 2008,
        any amount included in gross income under Section 87
        of the Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (K) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act and conducts substantially
        all of its operations from a River Edge Redevelopment
        Zone or zones. This subparagraph (K) is exempt from
        the provisions of Section 250;
            (L) An amount equal to any contribution made to a
        job training project established pursuant to the Real
        Property Tax Increment Allocation Redevelopment Act;
            (M) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated
        a High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (K) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (M);
            (N) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code;
            (O) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not
            including the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied
                by 0.429);
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0;
                    (iii) for property on which a bonus
                depreciation deduction of 100% of the adjusted
                basis was taken in a taxable year ending on or
                after December 31, 2021, "x" equals the
                depreciation deduction that would be allowed
                on that property if the taxpayer had made the
                election under Section 168(k)(7) of the
                Internal Revenue Code to not claim bonus
                depreciation on that property; and
                    (iv) for property on which a bonus
                depreciation deduction of a percentage other
                than 30%, 50% or 100% of the adjusted basis
                was taken in a taxable year ending on or after
                December 31, 2021, "x" equals "y" multiplied
                by 100 times the percentage bonus depreciation
                on the property (that is, 100(bonus%)) and
                then divided by 100 times 1 minus the
                percentage bonus depreciation on the property
                (that is, 100(1-bonus%)).
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (O) is exempt from the provisions of
        Section 250;
            (P) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (D-5), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which a
        subtraction is allowed with respect to that property
        under subparagraph (O) and for which the taxpayer was
        required in any taxable year to make an addition
        modification under subparagraph (D-5), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction
        under this subparagraph only once with respect to any
        one piece of property.
            This subparagraph (P) is exempt from the
        provisions of Section 250;
            (Q) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction
        with a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer
        that is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification. This subparagraph (Q) is exempt
        from Section 250;
            (R) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but
        for the fact that the foreign person's business
        activity outside the United States is 80% or more of
        that person's total business activity and (ii) for
        taxable years ending on or after December 31, 2008, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304, but
        not to exceed the addition modification required to be
        made for the same taxable year under Section
        203(d)(2)(D-7) for interest paid, accrued, or
        incurred, directly or indirectly, to the same person.
        This subparagraph (R) is exempt from Section 250;
            (S) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but
        for the fact that the foreign person's business
        activity outside the United States is 80% or more of
        that person's total business activity and (ii) for
        taxable years ending on or after December 31, 2008, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304, but
        not to exceed the addition modification required to be
        made for the same taxable year under Section
        203(d)(2)(D-8) for intangible expenses and costs paid,
        accrued, or incurred, directly or indirectly, to the
        same person. This subparagraph (S) is exempt from
        Section 250;
            (T) For taxable years ending on or after December
        31, 2011, in the case of a taxpayer who was required to
        add back any insurance premiums under Section
        203(d)(2)(D-9), such taxpayer may elect to subtract
        that part of a reimbursement received from the
        insurance company equal to the amount of the expense
        or loss (including expenses incurred by the insurance
        company) that would have been taken into account as a
        deduction for federal income tax purposes if the
        expense or loss had been uninsured. If a taxpayer
        makes the election provided for by this subparagraph
        (T), the insurer to which the premiums were paid must
        add back to income the amount subtracted by the
        taxpayer pursuant to this subparagraph (T). This
        subparagraph (T) is exempt from the provisions of
        Section 250; and
            (U) For taxable years beginning on or after
        January 1, 2023, for any cannabis establishment
        operating in this State and licensed under the
        Cannabis Regulation and Tax Act or any cannabis
        cultivation center or medical cannabis dispensing
        organization operating in this State and licensed
        under the Compassionate Use of Medical Cannabis
        Program Act, an amount equal to the deductions that
        were disallowed under Section 280E of the Internal
        Revenue Code for the taxable year and that would not be
        added back under this subsection. The provisions of
        this subparagraph (U) are exempt from the provisions
        of Section 250.
 
    (e) Gross income; adjusted gross income; taxable income.
        (1) In general. Subject to the provisions of paragraph
    (2) and subsection (b)(3), for purposes of this Section
    and Section 803(e), a taxpayer's gross income, adjusted
    gross income, or taxable income for the taxable year shall
    mean the amount of gross income, adjusted gross income or
    taxable income properly reportable for federal income tax
    purposes for the taxable year under the provisions of the
    Internal Revenue Code. Taxable income may be less than
    zero. However, for taxable years ending on or after
    December 31, 1986, net operating loss carryforwards from
    taxable years ending prior to December 31, 1986, may not
    exceed the sum of federal taxable income for the taxable
    year before net operating loss deduction, plus the excess
    of addition modifications over subtraction modifications
    for the taxable year. For taxable years ending prior to
    December 31, 1986, taxable income may never be an amount
    in excess of the net operating loss for the taxable year as
    defined in subsections (c) and (d) of Section 172 of the
    Internal Revenue Code, provided that when taxable income
    of a corporation (other than a Subchapter S corporation),
    trust, or estate is less than zero and addition
    modifications, other than those provided by subparagraph
    (E) of paragraph (2) of subsection (b) for corporations or
    subparagraph (E) of paragraph (2) of subsection (c) for
    trusts and estates, exceed subtraction modifications, an
    addition modification must be made under those
    subparagraphs for any other taxable year to which the
    taxable income less than zero (net operating loss) is
    applied under Section 172 of the Internal Revenue Code or
    under subparagraph (E) of paragraph (2) of this subsection
    (e) applied in conjunction with Section 172 of the
    Internal Revenue Code.
        (2) Special rule. For purposes of paragraph (1) of
    this subsection, the taxable income properly reportable
    for federal income tax purposes shall mean:
            (A) Certain life insurance companies. In the case
        of a life insurance company subject to the tax imposed
        by Section 801 of the Internal Revenue Code, life
        insurance company taxable income, plus the amount of
        distribution from pre-1984 policyholder surplus
        accounts as calculated under Section 815a of the
        Internal Revenue Code;
            (B) Certain other insurance companies. In the case
        of mutual insurance companies subject to the tax
        imposed by Section 831 of the Internal Revenue Code,
        insurance company taxable income;
            (C) Regulated investment companies. In the case of
        a regulated investment company subject to the tax
        imposed by Section 852 of the Internal Revenue Code,
        investment company taxable income;
            (D) Real estate investment trusts. In the case of
        a real estate investment trust subject to the tax
        imposed by Section 857 of the Internal Revenue Code,
        real estate investment trust taxable income;
            (E) Consolidated corporations. In the case of a
        corporation which is a member of an affiliated group
        of corporations filing a consolidated income tax
        return for the taxable year for federal income tax
        purposes, taxable income determined as if such
        corporation had filed a separate return for federal
        income tax purposes for the taxable year and each
        preceding taxable year for which it was a member of an
        affiliated group. For purposes of this subparagraph,
        the taxpayer's separate taxable income shall be
        determined as if the election provided by Section
        243(b)(2) of the Internal Revenue Code had been in
        effect for all such years;
            (F) Cooperatives. In the case of a cooperative
        corporation or association, the taxable income of such
        organization determined in accordance with the
        provisions of Section 1381 through 1388 of the
        Internal Revenue Code, but without regard to the
        prohibition against offsetting losses from patronage
        activities against income from nonpatronage
        activities; except that a cooperative corporation or
        association may make an election to follow its federal
        income tax treatment of patronage losses and
        nonpatronage losses. In the event such election is
        made, such losses shall be computed and carried over
        in a manner consistent with subsection (a) of Section
        207 of this Act and apportioned by the apportionment
        factor reported by the cooperative on its Illinois
        income tax return filed for the taxable year in which
        the losses are incurred. The election shall be
        effective for all taxable years with original returns
        due on or after the date of the election. In addition,
        the cooperative may file an amended return or returns,
        as allowed under this Act, to provide that the
        election shall be effective for losses incurred or
        carried forward for taxable years occurring prior to
        the date of the election. Once made, the election may
        only be revoked upon approval of the Director. The
        Department shall adopt rules setting forth
        requirements for documenting the elections and any
        resulting Illinois net loss and the standards to be
        used by the Director in evaluating requests to revoke
        elections. Public Act 96-932 is declaratory of
        existing law;
            (G) Subchapter S corporations. In the case of: (i)
        a Subchapter S corporation for which there is in
        effect an election for the taxable year under Section
        1362 of the Internal Revenue Code, the taxable income
        of such corporation determined in accordance with
        Section 1363(b) of the Internal Revenue Code, except
        that taxable income shall take into account those
        items which are required by Section 1363(b)(1) of the
        Internal Revenue Code to be separately stated; and
        (ii) a Subchapter S corporation for which there is in
        effect a federal election to opt out of the provisions
        of the Subchapter S Revision Act of 1982 and have
        applied instead the prior federal Subchapter S rules
        as in effect on July 1, 1982, the taxable income of
        such corporation determined in accordance with the
        federal Subchapter S rules as in effect on July 1,
        1982; and
            (H) Partnerships. In the case of a partnership,
        taxable income determined in accordance with Section
        703 of the Internal Revenue Code, except that taxable
        income shall take into account those items which are
        required by Section 703(a)(1) to be separately stated
        but which would be taken into account by an individual
        in calculating his taxable income.
        (3) Recapture of business expenses on disposition of
    asset or business. Notwithstanding any other law to the
    contrary, if in prior years income from an asset or
    business has been classified as business income and in a
    later year is demonstrated to be non-business income, then
    all expenses, without limitation, deducted in such later
    year and in the 2 immediately preceding taxable years
    related to that asset or business that generated the
    non-business income shall be added back and recaptured as
    business income in the year of the disposition of the
    asset or business. Such amount shall be apportioned to
    Illinois using the greater of the apportionment fraction
    computed for the business under Section 304 of this Act
    for the taxable year or the average of the apportionment
    fractions computed for the business under Section 304 of
    this Act for the taxable year and for the 2 immediately
    preceding taxable years.
 
    (f) Valuation limitation amount.
        (1) In general. The valuation limitation amount
    referred to in subsections (a)(2)(G), (c)(2)(I) and
    (d)(2)(E) is an amount equal to:
            (A) The sum of the pre-August 1, 1969 appreciation
        amounts (to the extent consisting of gain reportable
        under the provisions of Section 1245 or 1250 of the
        Internal Revenue Code) for all property in respect of
        which such gain was reported for the taxable year;
        plus
            (B) The lesser of (i) the sum of the pre-August 1,
        1969 appreciation amounts (to the extent consisting of
        capital gain) for all property in respect of which
        such gain was reported for federal income tax purposes
        for the taxable year, or (ii) the net capital gain for
        the taxable year, reduced in either case by any amount
        of such gain included in the amount determined under
        subsection (a)(2)(F) or (c)(2)(H).
        (2) Pre-August 1, 1969 appreciation amount.
            (A) If the fair market value of property referred
        to in paragraph (1) was readily ascertainable on
        August 1, 1969, the pre-August 1, 1969 appreciation
        amount for such property is the lesser of (i) the
        excess of such fair market value over the taxpayer's
        basis (for determining gain) for such property on that
        date (determined under the Internal Revenue Code as in
        effect on that date), or (ii) the total gain realized
        and reportable for federal income tax purposes in
        respect of the sale, exchange or other disposition of
        such property.
            (B) If the fair market value of property referred
        to in paragraph (1) was not readily ascertainable on
        August 1, 1969, the pre-August 1, 1969 appreciation
        amount for such property is that amount which bears
        the same ratio to the total gain reported in respect of
        the property for federal income tax purposes for the
        taxable year, as the number of full calendar months in
        that part of the taxpayer's holding period for the
        property ending July 31, 1969 bears to the number of
        full calendar months in the taxpayer's entire holding
        period for the property.
            (C) The Department shall prescribe such
        regulations as may be necessary to carry out the
        purposes of this paragraph.
 
    (g) Double deductions. Unless specifically provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.
 
    (h) Legislative intention. Except as expressly provided by
this Section there shall be no modifications or limitations on
the amounts of income, gain, loss or deduction taken into
account in determining gross income, adjusted gross income or
taxable income for federal income tax purposes for the taxable
year, or in the amount of such items entering into the
computation of base income and net income under this Act for
such taxable year, whether in respect of property values as of
August 1, 1969 or otherwise.
(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff.
12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; revised
9-26-23.)
 
    (35 ILCS 5/228)
    Sec. 228. Historic preservation credit. For tax years
beginning on or after January 1, 2019 and ending on or before
December 31, 2028, a taxpayer who qualifies for a credit under
the Historic Preservation Tax Credit Act is entitled to a
credit against the taxes imposed under subsections (a) and (b)
of Section 201 of this Act as provided in that Act. For taxable
years ending before December 31, 2023, if the taxpayer is a
partnership, Subchapter S corporation, or a limited liability
company, the credit shall be allowed to the partners,
shareholders, or members in accordance with the determination
of income and distributive share of income under Sections 702
and 704 and Subchapter S of the Internal Revenue Code provided
that credits granted to a partnership, a limited liability
company taxed as a partnership, or other multiple owners of
property shall be passed through to the partners, members, or
owners respectively on a pro rata basis or pursuant to an
executed agreement among the partners, members, or owners
documenting any alternate distribution method. For taxable
years ending on or after December 31, 2023, if the taxpayer is
a partnership or a Subchapter S corporation, then the
provisions of Section 251 apply. If the amount of any tax
credit awarded under this Section exceeds the qualified
taxpayer's income tax liability for the year in which the
qualified rehabilitation plan was placed in service, the
excess amount may be carried forward as provided in the
Historic Preservation Tax Credit Act.
(Source: P.A. 102-741, eff. 5-6-22; 103-9, eff. 6-7-23;
103-396, eff. 1-1-24; revised 12-12-23.)
 
    (35 ILCS 5/237)
    Sec. 237. REV Illinois Investment Tax credits.
    (a) For tax years beginning on or after November 16, 2021
(the effective date of Public Act 102-669) this amendatory Act
of the 102nd General Assembly, a taxpayer shall be allowed a
credit against the tax imposed by subsections (a) and (b) of
Section 201 for investment in qualified property which is
placed in service at the site of a REV Illinois Project subject
to an agreement between the taxpayer and the Department of
Commerce and Economic Opportunity pursuant to the Reimagining
Energy and Vehicles in Illinois Act. For taxable years ending
before December 31, 2023, for partners, shareholders of
Subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income taxation,
there shall be allowed a credit under this Section to be
determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code. For taxable years
ending on or after December 31, 2023, partners and
shareholders of subchapter S corporations are entitled to a
credit under this Section as provided in Section 251. The
credit shall be 0.5% of the basis for such property. The credit
shall be available only in the taxable year in which the
property is placed in service and shall not be allowed to the
extent that it would reduce a taxpayer's liability for the tax
imposed by subsections (a) and (b) of Section 201 to below
zero. The credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the credit
exceeds the tax liability for that year, whether it exceeds
the original liability or the liability as later amended, such
excess may be carried forward and applied to the tax liability
of the 5 taxable years following the excess credit year. The
credit shall be applied to the earliest year for which there is
a liability. If there is credit from more than one tax year
that is available to offset a liability, the credit accruing
first in time shall be applied first.
    (b) The term qualified property means property which:
        (1) is tangible, whether new or used, including
    buildings and structural components of buildings;
        (2) is depreciable pursuant to Section 167 of the
    Internal Revenue Code, except that "3-year property" as
    defined in Section 168(c)(2)(A) of that Code is not
    eligible for the credit provided by this Section;
        (3) is acquired by purchase as defined in Section
    179(d) of the Internal Revenue Code;
        (4) is used at the site of the REV Illinois Project by
    the taxpayer; and
        (5) has not been previously used in Illinois in such a
    manner and by such a person as would qualify for the credit
    provided by this Section.
    (c) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal income
tax purposes.
    (d) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service at the site of the REV Illinois Project by the
taxpayer, the amount of such increase shall be deemed property
placed in service on the date of such increase in basis.
    (e) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
    (f) If during any taxable year, any property ceases to be
qualified property in the hands of the taxpayer within 48
months after being placed in service, or the situs of any
qualified property is moved from the REV Illinois Project site
within 48 months after being placed in service, the tax
imposed under subsections (a) and (b) of Section 201 for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for such
property was originally allowed by eliminating such property
from such computation, and (ii) subtracting such recomputed
credit from the amount of credit previously allowed. For the
purposes of this subsection (f), a reduction of the basis of
qualified property resulting from a redetermination of the
purchase price shall be deemed a disposition of qualified
property to the extent of such reduction.
(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23;
103-396, eff. 1-1-24; revised 12-12-23.)
 
    Section 185. The Manufacturing Illinois Chips for Real
Opportunity (MICRO) Act is amended by changing Sections 110-30
and 110-40 as follows:
 
    (35 ILCS 45/110-30)
    Sec. 110-30. Tax credit awards.
    (a) Subject to the conditions set forth in this Act, a
taxpayer is entitled to a credit against the tax imposed
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act for a taxable year beginning on or
after January 1, 2025 if the taxpayer is awarded a credit by
the Department in accordance with an agreement under this Act.
The Department has authority to award credits under this Act
on and after January 1, 2023.
    (b) A taxpayer may receive a tax credit against the tax
imposed under subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, not to exceed the sum of (i) 75% of
the incremental income tax attributable to new employees at
the applicant's project and (ii) 10% of the training costs of
the new employees. If the project is located in an underserved
area or an energy transition area, then the amount of the
credit may not exceed the sum of (i) 100% of the incremental
income tax attributable to new employees at the applicant's
project; and (ii) 10% of the training costs of the new
employees. The percentage of training costs includable in the
calculation may be increased by an additional 15% for training
costs associated with new employees that are recent (2 years
or less) graduates, certificate holders, or credential
recipients from an institution of higher education in
Illinois, or, if the training is provided by an institution of
higher education in Illinois, the Clean Jobs Workforce Network
Program, or an apprenticeship and training program located in
Illinois and approved by and registered with the United States
Department of Labor's Bureau of Apprenticeship and Training.
An applicant is also eligible for a training credit that shall
not exceed 10% of the training costs of retained employees for
the purpose of upskilling to meet the operational needs of the
applicant or the project. The percentage of training costs
includable in the calculation shall not exceed a total of 25%.
If an applicant agrees to hire the required number of new
employees, then the maximum amount of the credit for that
applicant may be increased by an amount not to exceed 75% of
the incremental income tax attributable to retained employees
at the applicant's project; provided that, in order to receive
the increase for retained employees, the applicant must, if
applicable, meet or exceed the statewide baseline. If the
Project is in an underserved area or an energy transition
area, the maximum amount of the credit attributable to
retained employees for the applicant may be increased to an
amount not to exceed 100% of the incremental income tax
attributable to retained employees at the applicant's project;
provided that, in order to receive the increase for retained
employees, the applicant must meet or exceed the statewide
baseline. Credits awarded may include credit earned for
incremental income tax withheld and training costs incurred by
the taxpayer beginning on or after January 1, 2023. Credits so
earned and certified by the Department may be applied against
the tax imposed by subsections (a) and (b) of Section 201 of
the Illinois Income Tax Act for taxable years beginning on or
after January 1, 2025.
    (c) MICRO Construction Jobs Credit. For construction wages
associated with a project that qualified for a credit under
subsection (b), the taxpayer may receive a tax credit against
the tax imposed under subsections (a) and (b) of Section 201 of
the Illinois Income Tax Act in an amount equal to 50% of the
incremental income tax attributable to construction wages paid
in connection with construction of the project facilities, as
a jobs credit for workers hired to construct the project.
    The MICRO Construction Jobs Credit may not exceed 75% of
the amount of the incremental income tax attributable to
construction wages paid in connection with construction of the
project facilities if the project is in an underserved area or
an energy transition area.
    (d) The Department shall certify to the Department of
Revenue: (1) the identity of taxpayers that are eligible for
the MICRO Credit and MICRO Construction Jobs Credit; (2) the
amount of the MICRO Credits and MICRO Construction Jobs
Credits awarded in each calendar year; and (3) the amount of
the MICRO Credit and MICRO Construction Jobs Credit claimed in
each calendar year. MICRO Credits awarded may include credit
earned for incremental income tax withheld and training costs
incurred by the taxpayer beginning on or after January 1,
2023. Credits so earned and certified by the Department may be
applied against the tax imposed by Section 201(a) and (b) of
the Illinois Income Tax Act for taxable years beginning on or
after January 1, 2025.
    (e) Applicants seeking certification for a tax credits
related to the construction of the project facilities in the
State shall require the contractor to enter into a project
labor agreement that conforms with the Project Labor
Agreements Act.
    (f) Any applicant issued a certificate for a tax credit or
tax exemption under this Act must annually report to the
Department the total project tax benefits received. Reports
are due no later than May 31 of each year and shall cover the
previous calendar year. The first report is for the 2023
calendar year and is due no later than May 31, 2023. For
applicants issued a certificate of exemption under Section
110-105 of this Act, the report shall be the same as required
for a High Impact Business under subsection (a-5) of Section
8.1 of the Illinois Enterprise Zone Act. Each person required
to file a return under the Gas Revenue Tax Act, the Electricity
Excise Tax Act, or the Telecommunications Excise Tax Act shall
file a report on customers issued an exemption certificate
under Section 110-95 of this Act in the same manner and form as
they are required to report under subsection (b) of Section
8.1 of the Illinois Enterprise Zone Act.
    (g) Nothing in this Act shall prohibit an award of credit
to an applicant that uses a PEO if all other award criteria are
satisfied.
    (h) With respect to any portion of a credit that is based
on the incremental income tax attributable to new employees or
retained employees, in lieu of the credit allowed under this
Act against the taxes imposed pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, a taxpayer
that otherwise meets the criteria set forth in this Section,
the taxpayer may elect to claim the credit, on or after January
1, 2025, against its obligation to pay over withholding under
Section 704A of the Illinois Income Tax Act. The election
shall be made in the manner prescribed by the Department of
Revenue and once made shall be irrevocable.
(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;
revised 4-5-23.)
 
    (35 ILCS 45/110-40)
    Sec. 110-40. Amount and duration of the credits;
limitation to amount of costs of specified items. The
Department shall determine the amount and duration of the
credit awarded under this Act, subject to the limitations set
forth in this Act. For a project that qualified under
paragraph (1), (2), or (4) of subsection (c) of Section
110-20, the duration of the credit may not exceed 15 taxable
years, with an option to renew the agreement for no more than
one term not to exceed an additional 15 taxable years. For a
project that qualified under paragraph (3) of subsection (c)
of Section 110-20, the duration of the credit may not exceed 10
taxable years, with an option to renew the agreement for no
more than one term not to exceed an additional 10 taxable
years. The credit may be stated as a percentage of the
incremental income tax and training costs attributable to the
applicant's project and may include a fixed dollar limitation.
    Nothing in this Section shall prevent the Department, in
consultation with the Department of Revenue, from adopting
rules to extend the sunset of any earned, existing, and unused
tax credit or credits a taxpayer may be in possession of.
(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;
revised 4-5-23.)
 
    Section 190. The Use Tax Act is amended by changing
Section 3-5 as follows:
 
    (35 ILCS 105/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts
or cultural organization that establishes, by proof required
by the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35), however, an entity
otherwise eligible for this exemption shall not make tax-free
purchases unless it has an active identification number issued
by the Department.
    (4) Except as otherwise provided in this Act, personal
property purchased by a governmental body, by a corporation,
society, association, foundation, or institution organized and
operated exclusively for charitable, religious, or educational
purposes, or by a not-for-profit corporation, society,
association, foundation, institution, or organization that has
no compensated officers or employees and that is organized and
operated primarily for the recreation of persons 55 years of
age or older. A limited liability company may qualify for the
exemption under this paragraph only if the limited liability
company is organized and operated exclusively for educational
purposes. On and after July 1, 1987, however, no entity
otherwise eligible for this exemption shall make tax-free
purchases unless it has an active exemption identification
number issued by the Department.
    (5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
    (6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new
and used, and including that manufactured on special order,
certified by the purchaser to be used primarily for graphic
arts production, and including machinery and equipment
purchased for lease. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon
a graphic arts product. Beginning on July 1, 2017, graphic
arts machinery and equipment is included in the manufacturing
and assembling machinery and equipment exemption under
paragraph (18).
    (7) Farm chemicals.
    (8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (10) A motor vehicle that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act.
    (11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (11). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from a
motor vehicle required to be licensed and units sold mounted
on a motor vehicle required to be licensed if the selling price
of the tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment, including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals.
    Beginning on January 1, 2024, farm machinery and equipment
also includes electrical power generation equipment used
primarily for production agriculture.
    This item (11) is exempt from the provisions of Section
3-90.
    (12) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a flight
destined for or returning from a location or locations outside
the United States without regard to previous or subsequent
domestic stopovers.
    Beginning July 1, 2013, fuel and petroleum products sold
to or used by an air carrier, certified by the carrier to be
used for consumption, shipment, or storage in the conduct of
its business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports
at least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
    (13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
    (14) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
pipe and tubular goods, including casing and drill strings,
(iii) pumps and pump-jack units, (iv) storage tanks and flow
lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi)
machinery and equipment purchased for lease; but excluding
motor vehicles required to be registered under the Illinois
Vehicle Code.
    (15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the purchaser
to be used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (16) Until July 1, 2028, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
    (17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
    (18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order
for a particular purchaser. The exemption provided by this
paragraph (18) includes production related tangible personal
property, as defined in Section 3-50, purchased on or after
July 1, 2019. The exemption provided by this paragraph (18)
does not include machinery and equipment used in (i) the
generation of electricity for wholesale or retail sale; (ii)
the generation or treatment of natural or artificial gas for
wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The provisions
of Public Act 98-583 are declaratory of existing law as to the
meaning and scope of this exemption. Beginning on July 1,
2017, the exemption provided by this paragraph (18) includes,
but is not limited to, graphic arts machinery and equipment,
as defined in paragraph (6) of this Section.
    (19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
    (20) Semen used for artificial insemination of livestock
for direct agricultural production.
    (21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (21) is exempt from the
provisions of Section 3-90, and the exemption provided for
under this item (21) applies for all periods beginning May 30,
1995, but no claim for credit or refund is allowed on or after
January 1, 2008 for such taxes paid during the period
beginning May 30, 2000 and ending on January 1, 2008.
    (22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is used
in any other non-exempt manner, the lessor shall be liable for
the tax imposed under this Act or the Service Use Tax Act, as
the case may be, based on the fair market value of the property
at the time the non-qualifying use occurs. No lessor shall
collect or attempt to collect an amount (however designated)
that purports to reimburse that lessor for the tax imposed by
this Act or the Service Use Tax Act, as the case may be, if the
tax has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
    (23) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject to
the tax imposed by this Act, to a governmental body that has
been issued an active sales tax exemption identification
number by the Department under Section 1g of the Retailers'
Occupation Tax Act. If the property is leased in a manner that
does not qualify for this exemption or used in any other
non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Service Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
    (24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including, but not limited to, municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities located
in the declared disaster area within 6 months after the
disaster.
    (26) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-90.
    (27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
    (28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-90.
    (29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for machines used in commercial, coin-operated
amusement and vending business if a use or occupation tax is
paid on the gross receipts derived from the use of the
commercial, coin-operated amusement and vending machines. This
paragraph is exempt from the provisions of Section 3-90.
    (30) Beginning January 1, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages,
soft drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
    (31) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), computers and communications equipment
utilized for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is used
in any other nonexempt manner, the lessor shall be liable for
the tax imposed under this Act or the Service Use Tax Act, as
the case may be, based on the fair market value of the property
at the time the nonqualifying use occurs. No lessor shall
collect or attempt to collect an amount (however designated)
that purports to reimburse that lessor for the tax imposed by
this Act or the Service Use Tax Act, as the case may be, if the
tax has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
    (32) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), personal property purchased by a lessor
who leases the property, under a lease of one year or longer
executed or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental body
that has been issued an active sales tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the nonqualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
    (33) On and after July 1, 2003 and through June 30, 2004,
the use in this State of motor vehicles of the second division
with a gross vehicle weight in excess of 8,000 pounds and that
are subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code. Beginning on
July 1, 2004 and through June 30, 2005, the use in this State
of motor vehicles of the second division: (i) with a gross
vehicle weight rating in excess of 8,000 pounds; (ii) that are
subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code; and (iii) that
are primarily used for commercial purposes. Through June 30,
2005, this exemption applies to repair and replacement parts
added after the initial purchase of such a motor vehicle if
that motor vehicle is used in a manner that would qualify for
the rolling stock exemption otherwise provided for in this
Act. For purposes of this paragraph, the term "used for
commercial purposes" means the transportation of persons or
property in furtherance of any commercial or industrial
enterprise, whether for-hire or not.
    (34) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued
under Title IV of the Environmental Protection Act. This
paragraph is exempt from the provisions of Section 3-90.
    (35) Beginning January 1, 2010 and continuing through
December 31, 2029, materials, parts, equipment, components,
and furnishings incorporated into or upon an aircraft as part
of the modification, refurbishment, completion, replacement,
repair, or maintenance of the aircraft. This exemption
includes consumable supplies used in the modification,
refurbishment, completion, replacement, repair, and
maintenance of aircraft. However, until January 1, 2024, this
exemption excludes any materials, parts, equipment,
components, and consumable supplies used in the modification,
replacement, repair, and maintenance of aircraft engines or
power plants, whether such engines or power plants are
installed or uninstalled upon any such aircraft. "Consumable
supplies" include, but are not limited to, adhesive, tape,
sandpaper, general purpose lubricants, cleaning solution,
latex gloves, and protective films.
    Beginning January 1, 2010 and continuing through December
31, 2023, this exemption applies only to the use of qualifying
tangible personal property by persons who modify, refurbish,
complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. From January 1, 2024 through December 31, 2029,
this exemption applies only to the use of qualifying tangible
personal property by: (A) persons who modify, refurbish,
complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations; and (B) persons who engage in the modification,
replacement, repair, and maintenance of aircraft engines or
power plants without regard to whether or not those persons
meet the qualifications of item (A).
    The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part
129 of the Federal Aviation Regulations. The changes made to
this paragraph (35) by Public Act 98-534 are declarative of
existing law. It is the intent of the General Assembly that the
exemption under this paragraph (35) applies continuously from
January 1, 2010 through December 31, 2024; however, no claim
for credit or refund is allowed for taxes paid as a result of
the disallowance of this exemption on or after January 1, 2015
and prior to February 5, 2020 (the effective date of Public Act
101-629).
    (36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt
instruments issued by the public-facilities corporation in
connection with the development of the municipal convention
hall. This exemption includes existing public-facilities
corporations as provided in Section 11-65-25 of the Illinois
Municipal Code. This paragraph is exempt from the provisions
of Section 3-90.
    (37) Beginning January 1, 2017 and through December 31,
2026, menstrual pads, tampons, and menstrual cups.
    (38) Merchandise that is subject to the Rental Purchase
Agreement Occupation and Use Tax. The purchaser must certify
that the item is purchased to be rented subject to a
rental-purchase rental purchase agreement, as defined in the
Rental-Purchase Rental Purchase Agreement Act, and provide
proof of registration under the Rental Purchase Agreement
Occupation and Use Tax Act. This paragraph is exempt from the
provisions of Section 3-90.
    (39) Tangible personal property purchased by a purchaser
who is exempt from the tax imposed by this Act by operation of
federal law. This paragraph is exempt from the provisions of
Section 3-90.
    (40) Qualified tangible personal property used in the
construction or operation of a data center that has been
granted a certificate of exemption by the Department of
Commerce and Economic Opportunity, whether that tangible
personal property is purchased by the owner, operator, or
tenant of the data center or by a contractor or subcontractor
of the owner, operator, or tenant. Data centers that would
have qualified for a certificate of exemption prior to January
1, 2020 had Public Act 101-31 been in effect may apply for and
obtain an exemption for subsequent purchases of computer
equipment or enabling software purchased or leased to upgrade,
supplement, or replace computer equipment or enabling software
purchased or leased in the original investment that would have
qualified.
    The Department of Commerce and Economic Opportunity shall
grant a certificate of exemption under this item (40) to
qualified data centers as defined by Section 605-1025 of the
Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
    For the purposes of this item (40):
        "Data center" means a building or a series of
    buildings rehabilitated or constructed to house working
    servers in one physical location or multiple sites within
    the State of Illinois.
        "Qualified tangible personal property" means:
    electrical systems and equipment; climate control and
    chilling equipment and systems; mechanical systems and
    equipment; monitoring and secure systems; emergency
    generators; hardware; computers; servers; data storage
    devices; network connectivity equipment; racks; cabinets;
    telecommunications cabling infrastructure; raised floor
    systems; peripheral components or systems; software;
    mechanical, electrical, or plumbing systems; battery
    systems; cooling systems and towers; temperature control
    systems; other cabling; and other data center
    infrastructure equipment and systems necessary to operate
    qualified tangible personal property, including fixtures;
    and component parts of any of the foregoing, including
    installation, maintenance, repair, refurbishment, and
    replacement of qualified tangible personal property to
    generate, transform, transmit, distribute, or manage
    electricity necessary to operate qualified tangible
    personal property; and all other tangible personal
    property that is essential to the operations of a computer
    data center. The term "qualified tangible personal
    property" also includes building materials physically
    incorporated into in to the qualifying data center. To
    document the exemption allowed under this Section, the
    retailer must obtain from the purchaser a copy of the
    certificate of eligibility issued by the Department of
    Commerce and Economic Opportunity.
    This item (40) is exempt from the provisions of Section
3-90.
    (41) Beginning July 1, 2022, breast pumps, breast pump
collection and storage supplies, and breast pump kits. This
item (41) is exempt from the provisions of Section 3-90. As
used in this item (41):
        "Breast pump" means an electrically controlled or
    manually controlled pump device designed or marketed to be
    used to express milk from a human breast during lactation,
    including the pump device and any battery, AC adapter, or
    other power supply unit that is used to power the pump
    device and is packaged and sold with the pump device at the
    time of sale.
        "Breast pump collection and storage supplies" means
    items of tangible personal property designed or marketed
    to be used in conjunction with a breast pump to collect
    milk expressed from a human breast and to store collected
    milk until it is ready for consumption.
        "Breast pump collection and storage supplies"
    includes, but is not limited to: breast shields and breast
    shield connectors; breast pump tubes and tubing adapters;
    breast pump valves and membranes; backflow protectors and
    backflow protector adaptors; bottles and bottle caps
    specific to the operation of the breast pump; and breast
    milk storage bags.
        "Breast pump collection and storage supplies" does not
    include: (1) bottles and bottle caps not specific to the
    operation of the breast pump; (2) breast pump travel bags
    and other similar carrying accessories, including ice
    packs, labels, and other similar products; (3) breast pump
    cleaning supplies; (4) nursing bras, bra pads, breast
    shells, and other similar products; and (5) creams,
    ointments, and other similar products that relieve
    breastfeeding-related symptoms or conditions of the
    breasts or nipples, unless sold as part of a breast pump
    kit that is pre-packaged by the breast pump manufacturer
    or distributor.
        "Breast pump kit" means a kit that: (1) contains no
    more than a breast pump, breast pump collection and
    storage supplies, a rechargeable battery for operating the
    breast pump, a breastmilk cooler, bottle stands, ice
    packs, and a breast pump carrying case; and (2) is
    pre-packaged as a breast pump kit by the breast pump
    manufacturer or distributor.
    (42) Tangible personal property sold by or on behalf of
the State Treasurer pursuant to the Revised Uniform Unclaimed
Property Act. This item (42) is exempt from the provisions of
Section 3-90.
    (43) Beginning on January 1, 2024, tangible personal
property purchased by an active duty member of the armed
forces of the United States who presents valid military
identification and purchases the property using a form of
payment where the federal government is the payor. The member
of the armed forces must complete, at the point of sale, a form
prescribed by the Department of Revenue documenting that the
transaction is eligible for the exemption under this
paragraph. Retailers must keep the form as documentation of
the exemption in their records for a period of not less than 6
years. "Armed forces of the United States" means the United
States Army, Navy, Air Force, Marine Corps, or Coast Guard.
This paragraph is exempt from the provisions of Section 3-90.
(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
Section 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5,
eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5,
eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
revised 12-12-23.)
 
    Section 195. The Service Use Tax Act is amended by
changing Section 3-5 as follows:
 
    (35 ILCS 110/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts
or cultural organization that establishes, by proof required
by the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35), however, an entity
otherwise eligible for this exemption shall not make tax-free
purchases unless it has an active identification number issued
by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new
and used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product. Beginning on
July 1, 2017, graphic arts machinery and equipment is included
in the manufacturing and assembling machinery and equipment
exemption under Section 2 of this Act.
    (6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from a
motor vehicle required to be licensed and units sold mounted
on a motor vehicle required to be licensed if the selling price
of the tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment, including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals.
    Beginning on January 1, 2024, farm machinery and equipment
also includes electrical power generation equipment used
primarily for production agriculture.
    This item (7) is exempt from the provisions of Section
3-75.
    (8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a flight
destined for or returning from a location or locations outside
the United States without regard to previous or subsequent
domestic stopovers.
    Beginning July 1, 2013, fuel and petroleum products sold
to or used by an air carrier, certified by the carrier to be
used for consumption, shipment, or storage in the conduct of
its business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports
at least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages acquired as an incident to the purchase of a
service from a serviceman, to the extent that the proceeds of
the service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
pipe and tubular goods, including casing and drill strings,
(iii) pumps and pump-jack units, (iv) storage tanks and flow
lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi)
machinery and equipment purchased for lease; but excluding
motor vehicles required to be registered under the Illinois
Vehicle Code.
    (11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both
new and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
    (12) Until July 1, 2028, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
    (13) Semen used for artificial insemination of livestock
for direct agricultural production.
    (14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (14) is exempt from the
provisions of Section 3-75, and the exemption provided for
under this item (14) applies for all periods beginning May 30,
1995, but no claim for credit or refund is allowed on or after
January 1, 2008 (the effective date of Public Act 95-88) for
such taxes paid during the period beginning May 30, 2000 and
ending on January 1, 2008 (the effective date of Public Act
95-88).
    (15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is used
in any other non-exempt manner, the lessor shall be liable for
the tax imposed under this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if the tax has not
been paid by the lessor. If a lessor improperly collects any
such amount from the lessee, the lessee shall have a legal
right to claim a refund of that amount from the lessor. If,
however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department.
    (16) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject to
the tax imposed by this Act, to a governmental body that has
been issued an active tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or is used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid
by the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the lessor
is liable to pay that amount to the Department.
    (17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including, but not limited to, municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities located
in the declared disaster area within 6 months after the
disaster.
    (19) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-75.
    (20) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
    (21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-75.
    (22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for machines used in commercial, coin-operated
amusement and vending business if a use or occupation tax is
paid on the gross receipts derived from the use of the
commercial, coin-operated amusement and vending machines. This
paragraph is exempt from the provisions of Section 3-75.
    (23) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages,
soft drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
    (24) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), computers and communications equipment
utilized for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is used
in any other nonexempt manner, the lessor shall be liable for
the tax imposed under this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if the tax has not
been paid by the lessor. If a lessor improperly collects any
such amount from the lessee, the lessee shall have a legal
right to claim a refund of that amount from the lessor. If,
however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-75.
    (25) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), personal property purchased by a lessor
who leases the property, under a lease of one year or longer
executed or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental body
that has been issued an active tax exemption identification
number by the Department under Section 1g of the Retailers'
Occupation Tax Act. If the property is leased in a manner that
does not qualify for this exemption or is used in any other
nonexempt manner, the lessor shall be liable for the tax
imposed under this Act or the Use Tax Act, as the case may be,
based on the fair market value of the property at the time the
nonqualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid
by the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the lessor
is liable to pay that amount to the Department. This paragraph
is exempt from the provisions of Section 3-75.
    (26) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued
under Title IV of the Environmental Protection Act. This
paragraph is exempt from the provisions of Section 3-75.
    (27) Beginning January 1, 2010 and continuing through
December 31, 2029, materials, parts, equipment, components,
and furnishings incorporated into or upon an aircraft as part
of the modification, refurbishment, completion, replacement,
repair, or maintenance of the aircraft. This exemption
includes consumable supplies used in the modification,
refurbishment, completion, replacement, repair, and
maintenance of aircraft. However, until January 1, 2024, this
exemption excludes any materials, parts, equipment,
components, and consumable supplies used in the modification,
replacement, repair, and maintenance of aircraft engines or
power plants, whether such engines or power plants are
installed or uninstalled upon any such aircraft. "Consumable
supplies" include, but are not limited to, adhesive, tape,
sandpaper, general purpose lubricants, cleaning solution,
latex gloves, and protective films.
    Beginning January 1, 2010 and continuing through December
31, 2023, this exemption applies only to the use of qualifying
tangible personal property transferred incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
From January 1, 2024 through December 31, 2029, this exemption
applies only to the use of qualifying tangible personal
property by: (A) persons who modify, refurbish, complete,
repair, replace, or maintain aircraft and who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations;
and (B) persons who engage in the modification, replacement,
repair, and maintenance of aircraft engines or power plants
without regard to whether or not those persons meet the
qualifications of item (A).
    The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part
129 of the Federal Aviation Regulations. The changes made to
this paragraph (27) by Public Act 98-534 are declarative of
existing law. It is the intent of the General Assembly that the
exemption under this paragraph (27) applies continuously from
January 1, 2010 through December 31, 2024; however, no claim
for credit or refund is allowed for taxes paid as a result of
the disallowance of this exemption on or after January 1, 2015
and prior to February 5, 2020 (the effective date of Public Act
101-629).
    (28) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt
instruments issued by the public-facilities corporation in
connection with the development of the municipal convention
hall. This exemption includes existing public-facilities
corporations as provided in Section 11-65-25 of the Illinois
Municipal Code. This paragraph is exempt from the provisions
of Section 3-75.
    (29) Beginning January 1, 2017 and through December 31,
2026, menstrual pads, tampons, and menstrual cups.
    (30) Tangible personal property transferred to a purchaser
who is exempt from the tax imposed by this Act by operation of
federal law. This paragraph is exempt from the provisions of
Section 3-75.
    (31) Qualified tangible personal property used in the
construction or operation of a data center that has been
granted a certificate of exemption by the Department of
Commerce and Economic Opportunity, whether that tangible
personal property is purchased by the owner, operator, or
tenant of the data center or by a contractor or subcontractor
of the owner, operator, or tenant. Data centers that would
have qualified for a certificate of exemption prior to January
1, 2020 had Public Act 101-31 been in effect, may apply for and
obtain an exemption for subsequent purchases of computer
equipment or enabling software purchased or leased to upgrade,
supplement, or replace computer equipment or enabling software
purchased or leased in the original investment that would have
qualified.
    The Department of Commerce and Economic Opportunity shall
grant a certificate of exemption under this item (31) to
qualified data centers as defined by Section 605-1025 of the
Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
    For the purposes of this item (31):
        "Data center" means a building or a series of
    buildings rehabilitated or constructed to house working
    servers in one physical location or multiple sites within
    the State of Illinois.
        "Qualified tangible personal property" means:
    electrical systems and equipment; climate control and
    chilling equipment and systems; mechanical systems and
    equipment; monitoring and secure systems; emergency
    generators; hardware; computers; servers; data storage
    devices; network connectivity equipment; racks; cabinets;
    telecommunications cabling infrastructure; raised floor
    systems; peripheral components or systems; software;
    mechanical, electrical, or plumbing systems; battery
    systems; cooling systems and towers; temperature control
    systems; other cabling; and other data center
    infrastructure equipment and systems necessary to operate
    qualified tangible personal property, including fixtures;
    and component parts of any of the foregoing, including
    installation, maintenance, repair, refurbishment, and
    replacement of qualified tangible personal property to
    generate, transform, transmit, distribute, or manage
    electricity necessary to operate qualified tangible
    personal property; and all other tangible personal
    property that is essential to the operations of a computer
    data center. The term "qualified tangible personal
    property" also includes building materials physically
    incorporated into in to the qualifying data center. To
    document the exemption allowed under this Section, the
    retailer must obtain from the purchaser a copy of the
    certificate of eligibility issued by the Department of
    Commerce and Economic Opportunity.
    This item (31) is exempt from the provisions of Section
3-75.
    (32) Beginning July 1, 2022, breast pumps, breast pump
collection and storage supplies, and breast pump kits. This
item (32) is exempt from the provisions of Section 3-75. As
used in this item (32):
        "Breast pump" means an electrically controlled or
    manually controlled pump device designed or marketed to be
    used to express milk from a human breast during lactation,
    including the pump device and any battery, AC adapter, or
    other power supply unit that is used to power the pump
    device and is packaged and sold with the pump device at the
    time of sale.
        "Breast pump collection and storage supplies" means
    items of tangible personal property designed or marketed
    to be used in conjunction with a breast pump to collect
    milk expressed from a human breast and to store collected
    milk until it is ready for consumption.
        "Breast pump collection and storage supplies"
    includes, but is not limited to: breast shields and breast
    shield connectors; breast pump tubes and tubing adapters;
    breast pump valves and membranes; backflow protectors and
    backflow protector adaptors; bottles and bottle caps
    specific to the operation of the breast pump; and breast
    milk storage bags.
        "Breast pump collection and storage supplies" does not
    include: (1) bottles and bottle caps not specific to the
    operation of the breast pump; (2) breast pump travel bags
    and other similar carrying accessories, including ice
    packs, labels, and other similar products; (3) breast pump
    cleaning supplies; (4) nursing bras, bra pads, breast
    shells, and other similar products; and (5) creams,
    ointments, and other similar products that relieve
    breastfeeding-related symptoms or conditions of the
    breasts or nipples, unless sold as part of a breast pump
    kit that is pre-packaged by the breast pump manufacturer
    or distributor.
        "Breast pump kit" means a kit that: (1) contains no
    more than a breast pump, breast pump collection and
    storage supplies, a rechargeable battery for operating the
    breast pump, a breastmilk cooler, bottle stands, ice
    packs, and a breast pump carrying case; and (2) is
    pre-packaged as a breast pump kit by the breast pump
    manufacturer or distributor.
    (33) Tangible personal property sold by or on behalf of
the State Treasurer pursuant to the Revised Uniform Unclaimed
Property Act. This item (33) is exempt from the provisions of
Section 3-75.
    (34) Beginning on January 1, 2024, tangible personal
property purchased by an active duty member of the armed
forces of the United States who presents valid military
identification and purchases the property using a form of
payment where the federal government is the payor. The member
of the armed forces must complete, at the point of sale, a form
prescribed by the Department of Revenue documenting that the
transaction is eligible for the exemption under this
paragraph. Retailers must keep the form as documentation of
the exemption in their records for a period of not less than 6
years. "Armed forces of the United States" means the United
States Army, Navy, Air Force, Marine Corps, or Coast Guard.
This paragraph is exempt from the provisions of Section 3-75.
(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
Section 70-10, eff. 4-19-22; 102-700, Article 75, Section
75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10,
eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
revised 12-12-23.)
 
    Section 200. The Service Occupation Tax Act is amended by
changing Sections 3-5, 9, and 12 as follows:
 
    (35 ILCS 115/3-5)
    Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
    (1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by any not-for-profit arts
or cultural organization that establishes, by proof required
by the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35), however, an entity
otherwise eligible for this exemption shall not make tax-free
purchases unless it has an active identification number issued
by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new
and used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product. Beginning on
July 1, 2017, graphic arts machinery and equipment is included
in the manufacturing and assembling machinery and equipment
exemption under Section 2 of this Act.
    (6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from a
motor vehicle required to be licensed and units sold mounted
on a motor vehicle required to be licensed if the selling price
of the tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment, including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals.
    Beginning on January 1, 2024, farm machinery and equipment
also includes electrical power generation equipment used
primarily for production agriculture.
    This item (7) is exempt from the provisions of Section
3-55.
    (8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a flight
destined for or returning from a location or locations outside
the United States without regard to previous or subsequent
domestic stopovers.
    Beginning July 1, 2013, fuel and petroleum products sold
to or used by an air carrier, certified by the carrier to be
used for consumption, shipment, or storage in the conduct of
its business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports
at least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
pipe and tubular goods, including casing and drill strings,
(iii) pumps and pump-jack units, (iv) storage tanks and flow
lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi)
machinery and equipment purchased for lease; but excluding
motor vehicles required to be registered under the Illinois
Vehicle Code.
    (11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the purchaser
to be used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (12) Until July 1, 2028, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
    (13) Beginning January 1, 1992 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages,
soft drinks and food that has been prepared for immediate
consumption) and prescription and non-prescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
    (14) Semen used for artificial insemination of livestock
for direct agricultural production.
    (15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (15) is exempt from the
provisions of Section 3-55, and the exemption provided for
under this item (15) applies for all periods beginning May 30,
1995, but no claim for credit or refund is allowed on or after
January 1, 2008 (the effective date of Public Act 95-88) for
such taxes paid during the period beginning May 30, 2000 and
ending on January 1, 2008 (the effective date of Public Act
95-88).
    (16) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act.
    (17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers'
Occupation Tax Act.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including, but not limited to, municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities located
in the declared disaster area within 6 months after the
disaster.
    (20) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-55.
    (21) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
    (22) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-55.
    (23) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for machines used in commercial, coin-operated
amusement and vending business if a use or occupation tax is
paid on the gross receipts derived from the use of the
commercial, coin-operated amusement and vending machines. This
paragraph is exempt from the provisions of Section 3-55.
    (24) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), computers and communications equipment
utilized for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients sold to
a lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. This paragraph is exempt
from the provisions of Section 3-55.
    (25) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), personal property sold to a lessor who
leases the property, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. This paragraph is exempt
from the provisions of Section 3-55.
    (26) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i)
for the purpose of subsequently transporting it outside this
State for use or consumption thereafter solely outside this
State or (ii) for the purpose of being processed, fabricated,
or manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this
State and thereafter used or consumed solely outside this
State. The Director of Revenue shall, pursuant to rules
adopted in accordance with the Illinois Administrative
Procedure Act, issue a permit to any taxpayer in good standing
with the Department who is eligible for the exemption under
this paragraph (26). The permit issued under this paragraph
(26) shall authorize the holder, to the extent and in the
manner specified in the rules adopted under this Act, to
purchase tangible personal property from a retailer exempt
from the taxes imposed by this Act. Taxpayers shall maintain
all necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
    (27) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued
under Title IV of the Environmental Protection Act. This
paragraph is exempt from the provisions of Section 3-55.
    (28) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt
instruments issued by the public-facilities corporation in
connection with the development of the municipal convention
hall. This exemption includes existing public-facilities
corporations as provided in Section 11-65-25 of the Illinois
Municipal Code. This paragraph is exempt from the provisions
of Section 3-55.
    (29) Beginning January 1, 2010 and continuing through
December 31, 2029, materials, parts, equipment, components,
and furnishings incorporated into or upon an aircraft as part
of the modification, refurbishment, completion, replacement,
repair, or maintenance of the aircraft. This exemption
includes consumable supplies used in the modification,
refurbishment, completion, replacement, repair, and
maintenance of aircraft. However, until January 1, 2024, this
exemption excludes any materials, parts, equipment,
components, and consumable supplies used in the modification,
replacement, repair, and maintenance of aircraft engines or
power plants, whether such engines or power plants are
installed or uninstalled upon any such aircraft. "Consumable
supplies" include, but are not limited to, adhesive, tape,
sandpaper, general purpose lubricants, cleaning solution,
latex gloves, and protective films.
    Beginning January 1, 2010 and continuing through December
31, 2023, this exemption applies only to the transfer of
qualifying tangible personal property incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of an aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part
129 of the Federal Aviation Regulations. From January 1, 2024
through December 31, 2029, this exemption applies only to the
use of qualifying tangible personal property by: (A) persons
who modify, refurbish, complete, repair, replace, or maintain
aircraft and who (i) hold an Air Agency Certificate and are
empowered to operate an approved repair station by the Federal
Aviation Administration, (ii) have a Class IV Rating, and
(iii) conduct operations in accordance with Part 145 of the
Federal Aviation Regulations; and (B) persons who engage in
the modification, replacement, repair, and maintenance of
aircraft engines or power plants without regard to whether or
not those persons meet the qualifications of item (A).
    The changes made to this paragraph (29) by Public Act
98-534 are declarative of existing law. It is the intent of the
General Assembly that the exemption under this paragraph (29)
applies continuously from January 1, 2010 through December 31,
2024; however, no claim for credit or refund is allowed for
taxes paid as a result of the disallowance of this exemption on
or after January 1, 2015 and prior to February 5, 2020 (the
effective date of Public Act 101-629).
    (30) Beginning January 1, 2017 and through December 31,
2026, menstrual pads, tampons, and menstrual cups.
    (31) Tangible personal property transferred to a purchaser
who is exempt from tax by operation of federal law. This
paragraph is exempt from the provisions of Section 3-55.
    (32) Qualified tangible personal property used in the
construction or operation of a data center that has been
granted a certificate of exemption by the Department of
Commerce and Economic Opportunity, whether that tangible
personal property is purchased by the owner, operator, or
tenant of the data center or by a contractor or subcontractor
of the owner, operator, or tenant. Data centers that would
have qualified for a certificate of exemption prior to January
1, 2020 had Public Act 101-31 been in effect, may apply for and
obtain an exemption for subsequent purchases of computer
equipment or enabling software purchased or leased to upgrade,
supplement, or replace computer equipment or enabling software
purchased or leased in the original investment that would have
qualified.
    The Department of Commerce and Economic Opportunity shall
grant a certificate of exemption under this item (32) to
qualified data centers as defined by Section 605-1025 of the
Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
    For the purposes of this item (32):
        "Data center" means a building or a series of
    buildings rehabilitated or constructed to house working
    servers in one physical location or multiple sites within
    the State of Illinois.
        "Qualified tangible personal property" means:
    electrical systems and equipment; climate control and
    chilling equipment and systems; mechanical systems and
    equipment; monitoring and secure systems; emergency
    generators; hardware; computers; servers; data storage
    devices; network connectivity equipment; racks; cabinets;
    telecommunications cabling infrastructure; raised floor
    systems; peripheral components or systems; software;
    mechanical, electrical, or plumbing systems; battery
    systems; cooling systems and towers; temperature control
    systems; other cabling; and other data center
    infrastructure equipment and systems necessary to operate
    qualified tangible personal property, including fixtures;
    and component parts of any of the foregoing, including
    installation, maintenance, repair, refurbishment, and
    replacement of qualified tangible personal property to
    generate, transform, transmit, distribute, or manage
    electricity necessary to operate qualified tangible
    personal property; and all other tangible personal
    property that is essential to the operations of a computer
    data center. The term "qualified tangible personal
    property" also includes building materials physically
    incorporated into in to the qualifying data center. To
    document the exemption allowed under this Section, the
    retailer must obtain from the purchaser a copy of the
    certificate of eligibility issued by the Department of
    Commerce and Economic Opportunity.
    This item (32) is exempt from the provisions of Section
3-55.
    (33) Beginning July 1, 2022, breast pumps, breast pump
collection and storage supplies, and breast pump kits. This
item (33) is exempt from the provisions of Section 3-55. As
used in this item (33):
        "Breast pump" means an electrically controlled or
    manually controlled pump device designed or marketed to be
    used to express milk from a human breast during lactation,
    including the pump device and any battery, AC adapter, or
    other power supply unit that is used to power the pump
    device and is packaged and sold with the pump device at the
    time of sale.
        "Breast pump collection and storage supplies" means
    items of tangible personal property designed or marketed
    to be used in conjunction with a breast pump to collect
    milk expressed from a human breast and to store collected
    milk until it is ready for consumption.
        "Breast pump collection and storage supplies"
    includes, but is not limited to: breast shields and breast
    shield connectors; breast pump tubes and tubing adapters;
    breast pump valves and membranes; backflow protectors and
    backflow protector adaptors; bottles and bottle caps
    specific to the operation of the breast pump; and breast
    milk storage bags.
        "Breast pump collection and storage supplies" does not
    include: (1) bottles and bottle caps not specific to the
    operation of the breast pump; (2) breast pump travel bags
    and other similar carrying accessories, including ice
    packs, labels, and other similar products; (3) breast pump
    cleaning supplies; (4) nursing bras, bra pads, breast
    shells, and other similar products; and (5) creams,
    ointments, and other similar products that relieve
    breastfeeding-related symptoms or conditions of the
    breasts or nipples, unless sold as part of a breast pump
    kit that is pre-packaged by the breast pump manufacturer
    or distributor.
        "Breast pump kit" means a kit that: (1) contains no
    more than a breast pump, breast pump collection and
    storage supplies, a rechargeable battery for operating the
    breast pump, a breastmilk cooler, bottle stands, ice
    packs, and a breast pump carrying case; and (2) is
    pre-packaged as a breast pump kit by the breast pump
    manufacturer or distributor.
    (34) Tangible personal property sold by or on behalf of
the State Treasurer pursuant to the Revised Uniform Unclaimed
Property Act. This item (34) is exempt from the provisions of
Section 3-55.
    (35) Beginning on January 1, 2024, tangible personal
property purchased by an active duty member of the armed
forces of the United States who presents valid military
identification and purchases the property using a form of
payment where the federal government is the payor. The member
of the armed forces must complete, at the point of sale, a form
prescribed by the Department of Revenue documenting that the
transaction is eligible for the exemption under this
paragraph. Retailers must keep the form as documentation of
the exemption in their records for a period of not less than 6
years. "Armed forces of the United States" means the United
States Army, Navy, Air Force, Marine Corps, or Coast Guard.
This paragraph is exempt from the provisions of Section 3-55.
(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
Section 70-15, eff. 4-19-22; 102-700, Article 75, Section
75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15,
eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
revised 12-12-23.)
 
    (35 ILCS 115/9)  (from Ch. 120, par. 439.109)
    Sec. 9. Each serviceman required or authorized to collect
the tax herein imposed shall pay to the Department the amount
of such tax at the time when he is required to file his return
for the period during which such tax was collectible, less a
discount of 2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is
greater, which is allowed to reimburse the serviceman for
expenses incurred in collecting the tax, keeping records,
preparing and filing returns, remitting the tax, and supplying
data to the Department on request. When determining the
discount allowed under this Section, servicemen shall include
the amount of tax that would have been due at the 1% rate but
for the 0% rate imposed under Public Act 102-700 this
amendatory Act of the 102nd General Assembly. The discount
under this Section is not allowed for the 1.25% portion of
taxes paid on aviation fuel that is subject to the revenue use
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The
discount allowed under this Section is allowed only for
returns that are filed in the manner required by this Act. The
Department may disallow the discount for servicemen whose
certificate of registration is revoked at the time the return
is filed, but only if the Department's decision to revoke the
certificate of registration has become final.
    Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the serviceman, in collecting the tax may collect, for
each tax return period, only the tax applicable to the part of
the selling price actually received during such tax return
period.
    Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar
month in accordance with reasonable rules and regulations to
be promulgated by the Department of Revenue. Such return shall
be filed on a form prescribed by the Department and shall
contain such information as the Department may reasonably
require. The return shall include the gross receipts which
were received during the preceding calendar month or quarter
on the following items upon which tax would have been due but
for the 0% rate imposed under Public Act 102-700 this
amendatory Act of the 102nd General Assembly: (i) food for
human consumption that is to be consumed off the premises
where it is sold (other than alcoholic beverages, food
consisting of or infused with adult use cannabis, soft drinks,
and food that has been prepared for immediate consumption);
and (ii) food prepared for immediate consumption and
transferred incident to a sale of service subject to this Act
or the Service Use Tax Act by an entity licensed under the
Hospital Licensing Act, the Nursing Home Care Act, the
Assisted Living and Shared Housing Act, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the Child Care Act of 1969, or
an entity that holds a permit issued pursuant to the Life Care
Facilities Act. The return shall also include the amount of
tax that would have been due on the items listed in the
previous sentence but for the 0% rate imposed under Public Act
102-700 this amendatory Act of the 102nd General Assembly.
    On and after January 1, 2018, with respect to servicemen
whose annual gross receipts average $20,000 or more, all
returns required to be filed pursuant to this Act shall be
filed electronically. Servicemen who demonstrate that they do
not have access to the Internet or demonstrate hardship in
filing electronically may petition the Department to waive the
electronic filing requirement.
    The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
        1. The name of the seller;
        2. The address of the principal place of business from
    which he engages in business as a serviceman in this
    State;
        3. The total amount of taxable receipts received by
    him during the preceding calendar month, including
    receipts from charge and time sales, but less all
    deductions allowed by law;
        4. The amount of credit provided in Section 2d of this
    Act;
        5. The amount of tax due;
        5-5. The signature of the taxpayer; and
        6. Such other reasonable information as the Department
    may require.
    Each serviceman required or authorized to collect the tax
herein imposed on aviation fuel acquired as an incident to the
purchase of a service in this State during the preceding
calendar month shall, instead of reporting and paying tax as
otherwise required by this Section, report and pay such tax on
a separate aviation fuel tax return. The requirements related
to the return shall be as otherwise provided in this Section.
Notwithstanding any other provisions of this Act to the
contrary, servicemen transferring aviation fuel incident to
sales of service shall file all aviation fuel tax returns and
shall make all aviation fuel tax payments by electronic means
in the manner and form required by the Department. For
purposes of this Section, "aviation fuel" means jet fuel and
aviation gasoline.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
    Notwithstanding any other provision of this Act to the
contrary, servicemen subject to tax on cannabis shall file all
cannabis tax returns and shall make all cannabis tax payments
by electronic means in the manner and form required by the
Department.
    Prior to October 1, 2003, and on and after September 1,
2004 a serviceman may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Service Use
Tax as provided in Section 3-70 of the Service Use Tax Act if
the purchaser provides the appropriate documentation as
required by Section 3-70 of the Service Use Tax Act. A
Manufacturer's Purchase Credit certification, accepted prior
to October 1, 2003 or on or after September 1, 2004 by a
serviceman as provided in Section 3-70 of the Service Use Tax
Act, may be used by that serviceman to satisfy Service
Occupation Tax liability in the amount claimed in the
certification, not to exceed 6.25% of the receipts subject to
tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's Purchase
Credit reported on annual returns due on or after January 1,
2005 will be disallowed for periods prior to September 1,
2004. No Manufacturer's Purchase Credit may be used after
September 30, 2003 through August 31, 2004 to satisfy any tax
liability imposed under this Act, including any audit
liability.
    Beginning on July 1, 2023 and through December 31, 2032, a
serviceman may accept a Sustainable Aviation Fuel Purchase
Credit certification from an air common carrier-purchaser in
satisfaction of Service Use Tax as provided in Section 3-72 of
the Service Use Tax Act if the purchaser provides the
appropriate documentation as required by Section 3-72 of the
Service Use Tax Act. A Sustainable Aviation Fuel Purchase
Credit certification accepted by a serviceman in accordance
with this paragraph may be used by that serviceman to satisfy
service occupation tax liability (but not in satisfaction of
penalty or interest) in the amount claimed in the
certification, not to exceed 6.25% of the receipts subject to
tax from a sale of aviation fuel. In addition, for a sale of
aviation fuel to qualify to earn the Sustainable Aviation Fuel
Purchase Credit, servicemen must retain in their books and
records a certification from the producer of the aviation fuel
that the aviation fuel sold by the serviceman and for which a
sustainable aviation fuel purchase credit was earned meets the
definition of sustainable aviation fuel under Section 3-72 of
the Service Use Tax Act. The documentation must include detail
sufficient for the Department to determine the number of
gallons of sustainable aviation fuel sold.
    If the serviceman's average monthly tax liability to the
Department does not exceed $200, the Department may authorize
his returns to be filed on a quarter annual basis, with the
return for January, February, and March of a given year being
due by April 20 of such year; with the return for April, May,
and June of a given year being due by July 20 of such year;
with the return for July, August, and September of a given year
being due by October 20 of such year, and with the return for
October, November, and December of a given year being due by
January 20 of the following year.
    If the serviceman's average monthly tax liability to the
Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return for
a given year being due by January 20 of the following year.
    Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
    Notwithstanding any other provision in this Act concerning
the time within which a serviceman may file his return, in the
case of any serviceman who ceases to engage in a kind of
business which makes him responsible for filing returns under
this Act, such serviceman shall file a final return under this
Act with the Department not more than one 1 month after
discontinuing such business.
    Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall
make all payments required by rules of the Department by
electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1,
2000, a taxpayer who has an annual tax liability of $200,000 or
more shall make all payments required by rules of the
Department by electronic funds transfer. The term "annual tax
liability" shall be the sum of the taxpayer's liabilities
under this Act, and under all other State and local occupation
and use tax laws administered by the Department, for the
immediately preceding calendar year. The term "average monthly
tax liability" means the sum of the taxpayer's liabilities
under this Act, and under all other State and local occupation
and use tax laws administered by the Department, for the
immediately preceding calendar year divided by 12. Beginning
on October 1, 2002, a taxpayer who has a tax liability in the
amount set forth in subsection (b) of Section 2505-210 of the
Department of Revenue Law shall make all payments required by
rules of the Department by electronic funds transfer.
    Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers required
to make payments by electronic funds transfer shall make those
payments for a minimum of one year beginning on October 1.
    Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
    Where a serviceman collects the tax with respect to the
selling price of tangible personal property which he sells and
the purchaser thereafter returns such tangible personal
property and the serviceman refunds the selling price thereof
to the purchaser, such serviceman shall also refund, to the
purchaser, the tax so collected from the purchaser. When
filing his return for the period in which he refunds such tax
to the purchaser, the serviceman may deduct the amount of the
tax so refunded by him to the purchaser from any other Service
Occupation Tax, Service Use Tax, Retailers' Occupation Tax, or
Use Tax which such serviceman may be required to pay or remit
to the Department, as shown by such return, provided that the
amount of the tax to be deducted shall previously have been
remitted to the Department by such serviceman. If the
serviceman shall not previously have remitted the amount of
such tax to the Department, he shall be entitled to no
deduction hereunder upon refunding such tax to the purchaser.
    If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable servicemen, who are required to file
returns hereunder and also under the Retailers' Occupation Tax
Act, the Use Tax Act, or the Service Use Tax Act, to furnish
all the return information required by all said Acts on the one
form.
    Where the serviceman has more than one business registered
with the Department under separate registrations hereunder,
such serviceman shall file separate returns for each
registered business.
    Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund the revenue realized
for the preceding month from the 1% tax imposed under this Act.
    Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund 4% of the
revenue realized for the preceding month from the 6.25%
general rate on sales of tangible personal property other than
aviation fuel sold on or after December 1, 2019. This
exception for aviation fuel only applies for so long as the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133 are binding on the State.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
    Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the revenue
realized for the preceding month from the 6.25% general rate
on transfers of tangible personal property other than aviation
fuel sold on or after December 1, 2019. This exception for
aviation fuel only applies for so long as the revenue use
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
binding on the State.
    For aviation fuel sold on or after December 1, 2019, each
month the Department shall pay into the State Aviation Program
Fund 20% of the net revenue realized for the preceding month
from the 6.25% general rate on the selling price of aviation
fuel, less an amount estimated by the Department to be
required for refunds of the 20% portion of the tax on aviation
fuel under this Act, which amount shall be deposited into the
Aviation Fuel Sales Tax Refund Fund. The Department shall only
pay moneys into the State Aviation Program Fund and the
Aviation Fuel Sales Tax Refund Fund under this Act for so long
as the revenue use requirements of 49 U.S.C. 47107(b) and 49
U.S.C. 47133 are binding on the State.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol.
    Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
    Beginning July 1, 2013, each month the Department shall
pay into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service Use Tax
Act, and the Retailers' Occupation Tax Act an amount equal to
the average monthly deficit in the Underground Storage Tank
Fund during the prior year, as certified annually by the
Illinois Environmental Protection Agency, but the total
payment into the Underground Storage Tank Fund under this Act,
the Use Tax Act, the Service Use Tax Act, and the Retailers'
Occupation Tax Act shall not exceed $18,000,000 in any State
fiscal year. As used in this paragraph, the "average monthly
deficit" shall be equal to the difference between the average
monthly claims for payment by the fund and the average monthly
revenues deposited into the fund, excluding payments made
pursuant to this paragraph.
    Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, the Service
Use Tax Act, this Act, and the Retailers' Occupation Tax Act,
each month the Department shall deposit $500,000 into the
State Crime Laboratory Fund.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and further provided, that if on the last
business day of any month the sum of (1) the Tax Act Amount
required to be deposited into the Build Illinois Account in
the Build Illinois Fund during such month and (2) the amount
transferred during such month to the Build Illinois Fund from
the State and Local Sales Tax Reform Fund shall have been less
than 1/12 of the Annual Specified Amount, an amount equal to
the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department
pursuant to the Tax Acts; and, further provided, that in no
event shall the payments required under the preceding proviso
result in aggregate payments into the Build Illinois Fund
pursuant to this clause (b) for any fiscal year in excess of
the greater of (i) the Tax Act Amount or (ii) the Annual
Specified Amount for such fiscal year; and, further provided,
that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture
securing Bonds issued and outstanding pursuant to the Build
Illinois Bond Act is sufficient, taking into account any
future investment income, to fully provide, in accordance with
such indenture, for the defeasance of or the payment of the
principal of, premium, if any, and interest on the Bonds
secured by such indenture and on any Bonds expected to be
issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget (now Governor's Office of Management and Budget). If on
the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the
aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of the preceding sentence and shall reduce the amount
otherwise payable for such fiscal year pursuant to clause (b)
of the preceding sentence. The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
 
Fiscal YearTotal Deposit
1993         $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004103,000,000
2005108,000,000
2006113,000,000
2007119,000,000
2008126,000,000
2009132,000,000
2010139,000,000
2011146,000,000
2012153,000,000
2013161,000,000
2014170,000,000
2015179,000,000
2016189,000,000
2017199,000,000
2018210,000,000
2019221,000,000
2020233,000,000
2021300,000,000
2022300,000,000
2023300,000,000
2024 300,000,000
2025 300,000,000
2026 300,000,000
2027 375,000,000
2028 375,000,000
2029 375,000,000
2030 375,000,000
2031 375,000,000
2032 375,000,000
2033 375,000,000
2034375,000,000
2035375,000,000
2036450,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
    Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts into the Capital Projects
Fund, the Build Illinois Fund, and the McCormick Place
Expansion Project Fund pursuant to the preceding paragraphs or
in any amendments thereto hereafter enacted, for aviation fuel
sold on or after December 1, 2019, the Department shall each
month deposit into the Aviation Fuel Sales Tax Refund Fund an
amount estimated by the Department to be required for refunds
of the 80% portion of the tax on aviation fuel under this Act.
The Department shall only deposit moneys into the Aviation
Fuel Sales Tax Refund Fund under this paragraph for so long as
the revenue use requirements of 49 U.S.C. 47107(b) and 49
U.S.C. 47133 are binding on the State.
    Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois
Tax Increment Fund 0.27% of 80% of the net revenue realized for
the preceding month from the 6.25% general rate on the selling
price of tangible personal property.
    Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Illinois Tax Increment Fund pursuant to the preceding
paragraphs or in any amendments to this Section hereafter
enacted, beginning on the first day of the first calendar
month to occur on or after August 26, 2014 (the effective date
of Public Act 98-1098), each month, from the collections made
under Section 9 of the Use Tax Act, Section 9 of the Service
Use Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act, the Department
shall pay into the Tax Compliance and Administration Fund, to
be used, subject to appropriation, to fund additional auditors
and compliance personnel at the Department of Revenue, an
amount equal to 1/12 of 5% of 80% of the cash receipts
collected during the preceding fiscal year by the Audit Bureau
of the Department under the Use Tax Act, the Service Use Tax
Act, the Service Occupation Tax Act, the Retailers' Occupation
Tax Act, and associated local occupation and use taxes
administered by the Department.
    Subject to payments of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, and the Tax Compliance and Administration
Fund as provided in this Section, beginning on July 1, 2018 the
Department shall pay each month into the Downstate Public
Transportation Fund the moneys required to be so paid under
Section 2-3 of the Downstate Public Transportation Act.
    Subject to successful execution and delivery of a
public-private agreement between the public agency and private
entity and completion of the civic build, beginning on July 1,
2023, of the remainder of the moneys received by the
Department under the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and this Act, the Department shall
deposit the following specified deposits in the aggregate from
collections under the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act, as required under Section 8.25g of the State Finance Act
for distribution consistent with the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
The moneys received by the Department pursuant to this Act and
required to be deposited into the Civic and Transit
Infrastructure Fund are subject to the pledge, claim and
charge set forth in Section 25-55 of the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
As used in this paragraph, "civic build", "private entity",
"public-private agreement", and "public agency" have the
meanings provided in Section 25-10 of the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
        Fiscal Year............................Total Deposit
        2024....................................$200,000,000
        2025....................................$206,000,000
        2026....................................$212,200,000
        2027....................................$218,500,000
        2028....................................$225,100,000
        2029....................................$288,700,000
        2030....................................$298,900,000
        2031....................................$309,300,000
        2032....................................$320,100,000
        2033....................................$331,200,000
        2034....................................$341,200,000
        2035....................................$351,400,000
        2036....................................$361,900,000
        2037....................................$372,800,000
        2038....................................$384,000,000
        2039....................................$395,500,000
        2040....................................$407,400,000
        2041....................................$419,600,000
        2042....................................$432,200,000
        2043....................................$445,100,000
    Beginning July 1, 2021 and until July 1, 2022, subject to
the payment of amounts into the County and Mass Transit
District Fund, the Local Government Tax Fund, the Build
Illinois Fund, the McCormick Place Expansion Project Fund, the
Illinois Tax Increment Fund, and the Tax Compliance and
Administration Fund as provided in this Section, the
Department shall pay each month into the Road Fund the amount
estimated to represent 16% of the net revenue realized from
the taxes imposed on motor fuel and gasohol. Beginning July 1,
2022 and until July 1, 2023, subject to the payment of amounts
into the County and Mass Transit District Fund, the Local
Government Tax Fund, the Build Illinois Fund, the McCormick
Place Expansion Project Fund, the Illinois Tax Increment Fund,
and the Tax Compliance and Administration Fund as provided in
this Section, the Department shall pay each month into the
Road Fund the amount estimated to represent 32% of the net
revenue realized from the taxes imposed on motor fuel and
gasohol. Beginning July 1, 2023 and until July 1, 2024,
subject to the payment of amounts into the County and Mass
Transit District Fund, the Local Government Tax Fund, the
Build Illinois Fund, the McCormick Place Expansion Project
Fund, the Illinois Tax Increment Fund, and the Tax Compliance
and Administration Fund as provided in this Section, the
Department shall pay each month into the Road Fund the amount
estimated to represent 48% of the net revenue realized from
the taxes imposed on motor fuel and gasohol. Beginning July 1,
2024 and until July 1, 2025, subject to the payment of amounts
into the County and Mass Transit District Fund, the Local
Government Tax Fund, the Build Illinois Fund, the McCormick
Place Expansion Project Fund, the Illinois Tax Increment Fund,
and the Tax Compliance and Administration Fund as provided in
this Section, the Department shall pay each month into the
Road Fund the amount estimated to represent 64% of the net
revenue realized from the taxes imposed on motor fuel and
gasohol. Beginning on July 1, 2025, subject to the payment of
amounts into the County and Mass Transit District Fund, the
Local Government Tax Fund, the Build Illinois Fund, the
McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Tax Compliance and Administration Fund
as provided in this Section, the Department shall pay each
month into the Road Fund the amount estimated to represent 80%
of the net revenue realized from the taxes imposed on motor
fuel and gasohol. As used in this paragraph "motor fuel" has
the meaning given to that term in Section 1.1 of the Motor Fuel
Tax Law, and "gasohol" has the meaning given to that term in
Section 3-40 of the Use Tax Act.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% shall be paid into the General
Revenue Fund of the State treasury Treasury and 25% shall be
reserved in a special account and used only for the transfer to
the Common School Fund as part of the monthly transfer from the
General Revenue Fund in accordance with Section 8a of the
State Finance Act.
    The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the taxpayer's last federal
Federal income tax return. If the total receipts of the
business as reported in the federal Federal income tax return
do not agree with the gross receipts reported to the
Department of Revenue for the same period, the taxpayer shall
attach to his annual return a schedule showing a
reconciliation of the 2 amounts and the reasons for the
difference. The taxpayer's annual return to the Department
shall also disclose the cost of goods sold by the taxpayer
during the year covered by such return, opening and closing
inventories of such goods for such year, cost of goods used
from stock or taken from stock and given away by the taxpayer
during such year, pay roll information of the taxpayer's
business during such year and any additional reasonable
information which the Department deems would be helpful in
determining the accuracy of the monthly, quarterly or annual
returns filed by such taxpayer as hereinbefore provided for in
this Section.
    If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be liable
as follows:
        (i) Until January 1, 1994, the taxpayer shall be
    liable for a penalty equal to 1/6 of 1% of the tax due from
    such taxpayer under this Act during the period to be
    covered by the annual return for each month or fraction of
    a month until such return is filed as required, the
    penalty to be assessed and collected in the same manner as
    any other penalty provided for in this Act.
        (ii) On and after January 1, 1994, the taxpayer shall
    be liable for a penalty as described in Section 3-4 of the
    Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner, or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person who
willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and punished
accordingly. The annual return form prescribed by the
Department shall include a warning that the person signing the
return may be liable for perjury.
    The foregoing portion of this Section concerning the
filing of an annual information return shall not apply to a
serviceman who is not required to file an income tax return
with the United States Government.
    As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
    Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
    For greater simplicity of administration, it shall be
permissible for manufacturers, importers and wholesalers whose
products are sold by numerous servicemen in Illinois, and who
wish to do so, to assume the responsibility for accounting and
paying to the Department all tax accruing under this Act with
respect to such sales, if the servicemen who are affected do
not make written objection to the Department to this
arrangement.
(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;
103-363, eff. 7-28-23; revised 9-25-23.)
 
    (35 ILCS 115/12)  (from Ch. 120, par. 439.112)
    Sec. 12. All of the provisions of Sections 1d, 1e, 1f, 1i,
1j, 1j.1, 1k, 1m, 1n, 1o, 2-6, 2-12, 2-54, 2a, 2b, 2c, 3
(except as to the disposition by the Department of the tax
collected under this Act), 4 (except that the time limitation
provisions shall run from the date when the tax is due rather
than from the date when gross receipts are received), 5
(except that the time limitation provisions on the issuance of
notices of tax liability shall run from the date when the tax
is due rather than from the date when gross receipts are
received), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 5k, 5l, 5m, 5n, 6d,
7, 8, 9, 10, 11, and 12 of the "Retailers' Occupation Tax Act"
which are not inconsistent with this Act, and Section 3-7 of
the Uniform Penalty and Interest Act shall apply, as far as
practicable, to the subject matter of this Act to the same
extent as if such provisions were included herein.
(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;
revised 9-26-23.)
 
    Section 205. The Retailers' Occupation Tax Act is amended
by changing Sections 2-5 and 3 as follows:
 
    (35 ILCS 120/2-5)
    Sec. 2-5. Exemptions. Gross receipts from proceeds from
the sale of the following tangible personal property are
exempt from the tax imposed by this Act:
        (1) Farm chemicals.
        (2) Farm machinery and equipment, both new and used,
    including that manufactured on special order, certified by
    the purchaser to be used primarily for production
    agriculture or State or federal agricultural programs,
    including individual replacement parts for the machinery
    and equipment, including machinery and equipment purchased
    for lease, and including implements of husbandry defined
    in Section 1-130 of the Illinois Vehicle Code, farm
    machinery and agricultural chemical and fertilizer
    spreaders, and nurse wagons required to be registered
    under Section 3-809 of the Illinois Vehicle Code, but
    excluding other motor vehicles required to be registered
    under the Illinois Vehicle Code. Horticultural polyhouses
    or hoop houses used for propagating, growing, or
    overwintering plants shall be considered farm machinery
    and equipment under this item (2). Agricultural chemical
    tender tanks and dry boxes shall include units sold
    separately from a motor vehicle required to be licensed
    and units sold mounted on a motor vehicle required to be
    licensed, if the selling price of the tender is separately
    stated.
        Farm machinery and equipment shall include precision
    farming equipment that is installed or purchased to be
    installed on farm machinery and equipment including, but
    not limited to, tractors, harvesters, sprayers, planters,
    seeders, or spreaders. Precision farming equipment
    includes, but is not limited to, soil testing sensors,
    computers, monitors, software, global positioning and
    mapping systems, and other such equipment.
        Farm machinery and equipment also includes computers,
    sensors, software, and related equipment used primarily in
    the computer-assisted operation of production agriculture
    facilities, equipment, and activities such as, but not
    limited to, the collection, monitoring, and correlation of
    animal and crop data for the purpose of formulating animal
    diets and agricultural chemicals.
        Beginning on January 1, 2024, farm machinery and
    equipment also includes electrical power generation
    equipment used primarily for production agriculture.
        This item (2) is exempt from the provisions of Section
    2-70.
        (3) Until July 1, 2003, distillation machinery and
    equipment, sold as a unit or kit, assembled or installed
    by the retailer, certified by the user to be used only for
    the production of ethyl alcohol that will be used for
    consumption as motor fuel or as a component of motor fuel
    for the personal use of the user, and not subject to sale
    or resale.
        (4) Until July 1, 2003 and beginning again September
    1, 2004 through August 30, 2014, graphic arts machinery
    and equipment, including repair and replacement parts,
    both new and used, and including that manufactured on
    special order or purchased for lease, certified by the
    purchaser to be used primarily for graphic arts
    production. Equipment includes chemicals or chemicals
    acting as catalysts but only if the chemicals or chemicals
    acting as catalysts effect a direct and immediate change
    upon a graphic arts product. Beginning on July 1, 2017,
    graphic arts machinery and equipment is included in the
    manufacturing and assembling machinery and equipment
    exemption under paragraph (14).
        (5) A motor vehicle that is used for automobile
    renting, as defined in the Automobile Renting Occupation
    and Use Tax Act. This paragraph is exempt from the
    provisions of Section 2-70.
        (6) Personal property sold by a teacher-sponsored
    student organization affiliated with an elementary or
    secondary school located in Illinois.
        (7) Until July 1, 2003, proceeds of that portion of
    the selling price of a passenger car the sale of which is
    subject to the Replacement Vehicle Tax.
        (8) Personal property sold to an Illinois county fair
    association for use in conducting, operating, or promoting
    the county fair.
        (9) Personal property sold to a not-for-profit arts or
    cultural organization that establishes, by proof required
    by the Department by rule, that it has received an
    exemption under Section 501(c)(3) of the Internal Revenue
    Code and that is organized and operated primarily for the
    presentation or support of arts or cultural programming,
    activities, or services. These organizations include, but
    are not limited to, music and dramatic arts organizations
    such as symphony orchestras and theatrical groups, arts
    and cultural service organizations, local arts councils,
    visual arts organizations, and media arts organizations.
    On and after July 1, 2001 (the effective date of Public Act
    92-35), however, an entity otherwise eligible for this
    exemption shall not make tax-free purchases unless it has
    an active identification number issued by the Department.
        (10) Personal property sold by a corporation, society,
    association, foundation, institution, or organization,
    other than a limited liability company, that is organized
    and operated as a not-for-profit service enterprise for
    the benefit of persons 65 years of age or older if the
    personal property was not purchased by the enterprise for
    the purpose of resale by the enterprise.
        (11) Except as otherwise provided in this Section,
    personal property sold to a governmental body, to a
    corporation, society, association, foundation, or
    institution organized and operated exclusively for
    charitable, religious, or educational purposes, or to a
    not-for-profit corporation, society, association,
    foundation, institution, or organization that has no
    compensated officers or employees and that is organized
    and operated primarily for the recreation of persons 55
    years of age or older. A limited liability company may
    qualify for the exemption under this paragraph only if the
    limited liability company is organized and operated
    exclusively for educational purposes. On and after July 1,
    1987, however, no entity otherwise eligible for this
    exemption shall make tax-free purchases unless it has an
    active identification number issued by the Department.
        (12) (Blank).
        (12-5) On and after July 1, 2003 and through June 30,
    2004, motor vehicles of the second division with a gross
    vehicle weight in excess of 8,000 pounds that are subject
    to the commercial distribution fee imposed under Section
    3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
    2004 and through June 30, 2005, the use in this State of
    motor vehicles of the second division: (i) with a gross
    vehicle weight rating in excess of 8,000 pounds; (ii) that
    are subject to the commercial distribution fee imposed
    under Section 3-815.1 of the Illinois Vehicle Code; and
    (iii) that are primarily used for commercial purposes.
    Through June 30, 2005, this exemption applies to repair
    and replacement parts added after the initial purchase of
    such a motor vehicle if that motor vehicle is used in a
    manner that would qualify for the rolling stock exemption
    otherwise provided for in this Act. For purposes of this
    paragraph, "used for commercial purposes" means the
    transportation of persons or property in furtherance of
    any commercial or industrial enterprise whether for-hire
    or not.
        (13) Proceeds from sales to owners, lessors, or
    shippers of tangible personal property that is utilized by
    interstate carriers for hire for use as rolling stock
    moving in interstate commerce and equipment operated by a
    telecommunications provider, licensed as a common carrier
    by the Federal Communications Commission, which is
    permanently installed in or affixed to aircraft moving in
    interstate commerce.
        (14) Machinery and equipment that will be used by the
    purchaser, or a lessee of the purchaser, primarily in the
    process of manufacturing or assembling tangible personal
    property for wholesale or retail sale or lease, whether
    the sale or lease is made directly by the manufacturer or
    by some other person, whether the materials used in the
    process are owned by the manufacturer or some other
    person, or whether the sale or lease is made apart from or
    as an incident to the seller's engaging in the service
    occupation of producing machines, tools, dies, jigs,
    patterns, gauges, or other similar items of no commercial
    value on special order for a particular purchaser. The
    exemption provided by this paragraph (14) does not include
    machinery and equipment used in (i) the generation of
    electricity for wholesale or retail sale; (ii) the
    generation or treatment of natural or artificial gas for
    wholesale or retail sale that is delivered to customers
    through pipes, pipelines, or mains; or (iii) the treatment
    of water for wholesale or retail sale that is delivered to
    customers through pipes, pipelines, or mains. The
    provisions of Public Act 98-583 are declaratory of
    existing law as to the meaning and scope of this
    exemption. Beginning on July 1, 2017, the exemption
    provided by this paragraph (14) includes, but is not
    limited to, graphic arts machinery and equipment, as
    defined in paragraph (4) of this Section.
        (15) Proceeds of mandatory service charges separately
    stated on customers' bills for purchase and consumption of
    food and beverages, to the extent that the proceeds of the
    service charge are in fact turned over as tips or as a
    substitute for tips to the employees who participate
    directly in preparing, serving, hosting or cleaning up the
    food or beverage function with respect to which the
    service charge is imposed.
        (16) Tangible personal property sold to a purchaser if
    the purchaser is exempt from use tax by operation of
    federal law. This paragraph is exempt from the provisions
    of Section 2-70.
        (17) Tangible personal property sold to a common
    carrier by rail or motor that receives the physical
    possession of the property in Illinois and that transports
    the property, or shares with another common carrier in the
    transportation of the property, out of Illinois on a
    standard uniform bill of lading showing the seller of the
    property as the shipper or consignor of the property to a
    destination outside Illinois, for use outside Illinois.
        (18) Legal tender, currency, medallions, or gold or
    silver coinage issued by the State of Illinois, the
    government of the United States of America, or the
    government of any foreign country, and bullion.
        (19) Until July 1, 2003, oil field exploration,
    drilling, and production equipment, including (i) rigs and
    parts of rigs, rotary rigs, cable tool rigs, and workover
    rigs, (ii) pipe and tubular goods, including casing and
    drill strings, (iii) pumps and pump-jack units, (iv)
    storage tanks and flow lines, (v) any individual
    replacement part for oil field exploration, drilling, and
    production equipment, and (vi) machinery and equipment
    purchased for lease; but excluding motor vehicles required
    to be registered under the Illinois Vehicle Code.
        (20) Photoprocessing machinery and equipment,
    including repair and replacement parts, both new and used,
    including that manufactured on special order, certified by
    the purchaser to be used primarily for photoprocessing,
    and including photoprocessing machinery and equipment
    purchased for lease.
        (21) Until July 1, 2028, coal and aggregate
    exploration, mining, off-highway hauling, processing,
    maintenance, and reclamation equipment, including
    replacement parts and equipment, and including equipment
    purchased for lease, but excluding motor vehicles required
    to be registered under the Illinois Vehicle Code. The
    changes made to this Section by Public Act 97-767 apply on
    and after July 1, 2003, but no claim for credit or refund
    is allowed on or after August 16, 2013 (the effective date
    of Public Act 98-456) for such taxes paid during the
    period beginning July 1, 2003 and ending on August 16,
    2013 (the effective date of Public Act 98-456).
        (22) Until June 30, 2013, fuel and petroleum products
    sold to or used by an air carrier, certified by the carrier
    to be used for consumption, shipment, or storage in the
    conduct of its business as an air common carrier, for a
    flight destined for or returning from a location or
    locations outside the United States without regard to
    previous or subsequent domestic stopovers.
        Beginning July 1, 2013, fuel and petroleum products
    sold to or used by an air carrier, certified by the carrier
    to be used for consumption, shipment, or storage in the
    conduct of its business as an air common carrier, for a
    flight that (i) is engaged in foreign trade or is engaged
    in trade between the United States and any of its
    possessions and (ii) transports at least one individual or
    package for hire from the city of origination to the city
    of final destination on the same aircraft, without regard
    to a change in the flight number of that aircraft.
        (23) A transaction in which the purchase order is
    received by a florist who is located outside Illinois, but
    who has a florist located in Illinois deliver the property
    to the purchaser or the purchaser's donee in Illinois.
        (24) Fuel consumed or used in the operation of ships,
    barges, or vessels that are used primarily in or for the
    transportation of property or the conveyance of persons
    for hire on rivers bordering on this State if the fuel is
    delivered by the seller to the purchaser's barge, ship, or
    vessel while it is afloat upon that bordering river.
        (25) Except as provided in item (25-5) of this
    Section, a motor vehicle sold in this State to a
    nonresident even though the motor vehicle is delivered to
    the nonresident in this State, if the motor vehicle is not
    to be titled in this State, and if a drive-away permit is
    issued to the motor vehicle as provided in Section 3-603
    of the Illinois Vehicle Code or if the nonresident
    purchaser has vehicle registration plates to transfer to
    the motor vehicle upon returning to his or her home state.
    The issuance of the drive-away permit or having the
    out-of-state registration plates to be transferred is
    prima facie evidence that the motor vehicle will not be
    titled in this State.
        (25-5) The exemption under item (25) does not apply if
    the state in which the motor vehicle will be titled does
    not allow a reciprocal exemption for a motor vehicle sold
    and delivered in that state to an Illinois resident but
    titled in Illinois. The tax collected under this Act on
    the sale of a motor vehicle in this State to a resident of
    another state that does not allow a reciprocal exemption
    shall be imposed at a rate equal to the state's rate of tax
    on taxable property in the state in which the purchaser is
    a resident, except that the tax shall not exceed the tax
    that would otherwise be imposed under this Act. At the
    time of the sale, the purchaser shall execute a statement,
    signed under penalty of perjury, of his or her intent to
    title the vehicle in the state in which the purchaser is a
    resident within 30 days after the sale and of the fact of
    the payment to the State of Illinois of tax in an amount
    equivalent to the state's rate of tax on taxable property
    in his or her state of residence and shall submit the
    statement to the appropriate tax collection agency in his
    or her state of residence. In addition, the retailer must
    retain a signed copy of the statement in his or her
    records. Nothing in this item shall be construed to
    require the removal of the vehicle from this state
    following the filing of an intent to title the vehicle in
    the purchaser's state of residence if the purchaser titles
    the vehicle in his or her state of residence within 30 days
    after the date of sale. The tax collected under this Act in
    accordance with this item (25-5) shall be proportionately
    distributed as if the tax were collected at the 6.25%
    general rate imposed under this Act.
        (25-7) Beginning on July 1, 2007, no tax is imposed
    under this Act on the sale of an aircraft, as defined in
    Section 3 of the Illinois Aeronautics Act, if all of the
    following conditions are met:
            (1) the aircraft leaves this State within 15 days
        after the later of either the issuance of the final
        billing for the sale of the aircraft, or the
        authorized approval for return to service, completion
        of the maintenance record entry, and completion of the
        test flight and ground test for inspection, as
        required by 14 CFR 91.407;
            (2) the aircraft is not based or registered in
        this State after the sale of the aircraft; and
            (3) the seller retains in his or her books and
        records and provides to the Department a signed and
        dated certification from the purchaser, on a form
        prescribed by the Department, certifying that the
        requirements of this item (25-7) are met. The
        certificate must also include the name and address of
        the purchaser, the address of the location where the
        aircraft is to be titled or registered, the address of
        the primary physical location of the aircraft, and
        other information that the Department may reasonably
        require.
        For purposes of this item (25-7):
        "Based in this State" means hangared, stored, or
    otherwise used, excluding post-sale customizations as
    defined in this Section, for 10 or more days in each
    12-month period immediately following the date of the sale
    of the aircraft.
        "Registered in this State" means an aircraft
    registered with the Department of Transportation,
    Aeronautics Division, or titled or registered with the
    Federal Aviation Administration to an address located in
    this State.
        This paragraph (25-7) is exempt from the provisions of
    Section 2-70.
        (26) Semen used for artificial insemination of
    livestock for direct agricultural production.
        (27) Horses, or interests in horses, registered with
    and meeting the requirements of any of the Arabian Horse
    Club Registry of America, Appaloosa Horse Club, American
    Quarter Horse Association, United States Trotting
    Association, or Jockey Club, as appropriate, used for
    purposes of breeding or racing for prizes. This item (27)
    is exempt from the provisions of Section 2-70, and the
    exemption provided for under this item (27) applies for
    all periods beginning May 30, 1995, but no claim for
    credit or refund is allowed on or after January 1, 2008
    (the effective date of Public Act 95-88) for such taxes
    paid during the period beginning May 30, 2000 and ending
    on January 1, 2008 (the effective date of Public Act
    95-88).
        (28) Computers and communications equipment utilized
    for any hospital purpose and equipment used in the
    diagnosis, analysis, or treatment of hospital patients
    sold to a lessor who leases the equipment, under a lease of
    one year or longer executed or in effect at the time of the
    purchase, to a hospital that has been issued an active tax
    exemption identification number by the Department under
    Section 1g of this Act.
        (29) Personal property sold to a lessor who leases the
    property, under a lease of one year or longer executed or
    in effect at the time of the purchase, to a governmental
    body that has been issued an active tax exemption
    identification number by the Department under Section 1g
    of this Act.
        (30) Beginning with taxable years ending on or after
    December 31, 1995 and ending with taxable years ending on
    or before December 31, 2004, personal property that is
    donated for disaster relief to be used in a State or
    federally declared disaster area in Illinois or bordering
    Illinois by a manufacturer or retailer that is registered
    in this State to a corporation, society, association,
    foundation, or institution that has been issued a sales
    tax exemption identification number by the Department that
    assists victims of the disaster who reside within the
    declared disaster area.
        (31) Beginning with taxable years ending on or after
    December 31, 1995 and ending with taxable years ending on
    or before December 31, 2004, personal property that is
    used in the performance of infrastructure repairs in this
    State, including, but not limited to, municipal roads and
    streets, access roads, bridges, sidewalks, waste disposal
    systems, water and sewer line extensions, water
    distribution and purification facilities, storm water
    drainage and retention facilities, and sewage treatment
    facilities, resulting from a State or federally declared
    disaster in Illinois or bordering Illinois when such
    repairs are initiated on facilities located in the
    declared disaster area within 6 months after the disaster.
        (32) Beginning July 1, 1999, game or game birds sold
    at a "game breeding and hunting preserve area" as that
    term is used in the Wildlife Code. This paragraph is
    exempt from the provisions of Section 2-70.
        (33) A motor vehicle, as that term is defined in
    Section 1-146 of the Illinois Vehicle Code, that is
    donated to a corporation, limited liability company,
    society, association, foundation, or institution that is
    determined by the Department to be organized and operated
    exclusively for educational purposes. For purposes of this
    exemption, "a corporation, limited liability company,
    society, association, foundation, or institution organized
    and operated exclusively for educational purposes" means
    all tax-supported public schools, private schools that
    offer systematic instruction in useful branches of
    learning by methods common to public schools and that
    compare favorably in their scope and intensity with the
    course of study presented in tax-supported schools, and
    vocational or technical schools or institutes organized
    and operated exclusively to provide a course of study of
    not less than 6 weeks duration and designed to prepare
    individuals to follow a trade or to pursue a manual,
    technical, mechanical, industrial, business, or commercial
    occupation.
        (34) Beginning January 1, 2000, personal property,
    including food, purchased through fundraising events for
    the benefit of a public or private elementary or secondary
    school, a group of those schools, or one or more school
    districts if the events are sponsored by an entity
    recognized by the school district that consists primarily
    of volunteers and includes parents and teachers of the
    school children. This paragraph does not apply to
    fundraising events (i) for the benefit of private home
    instruction or (ii) for which the fundraising entity
    purchases the personal property sold at the events from
    another individual or entity that sold the property for
    the purpose of resale by the fundraising entity and that
    profits from the sale to the fundraising entity. This
    paragraph is exempt from the provisions of Section 2-70.
        (35) Beginning January 1, 2000 and through December
    31, 2001, new or used automatic vending machines that
    prepare and serve hot food and beverages, including
    coffee, soup, and other items, and replacement parts for
    these machines. Beginning January 1, 2002 and through June
    30, 2003, machines and parts for machines used in
    commercial, coin-operated amusement and vending business
    if a use or occupation tax is paid on the gross receipts
    derived from the use of the commercial, coin-operated
    amusement and vending machines. This paragraph is exempt
    from the provisions of Section 2-70.
        (35-5) Beginning August 23, 2001 and through June 30,
    2016, food for human consumption that is to be consumed
    off the premises where it is sold (other than alcoholic
    beverages, soft drinks, and food that has been prepared
    for immediate consumption) and prescription and
    nonprescription medicines, drugs, medical appliances, and
    insulin, urine testing materials, syringes, and needles
    used by diabetics, for human use, when purchased for use
    by a person receiving medical assistance under Article V
    of the Illinois Public Aid Code who resides in a licensed
    long-term care facility, as defined in the Nursing Home
    Care Act, or a licensed facility as defined in the ID/DD
    Community Care Act, the MC/DD Act, or the Specialized
    Mental Health Rehabilitation Act of 2013.
        (36) Beginning August 2, 2001, computers and
    communications equipment utilized for any hospital purpose
    and equipment used in the diagnosis, analysis, or
    treatment of hospital patients sold to a lessor who leases
    the equipment, under a lease of one year or longer
    executed or in effect at the time of the purchase, to a
    hospital that has been issued an active tax exemption
    identification number by the Department under Section 1g
    of this Act. This paragraph is exempt from the provisions
    of Section 2-70.
        (37) Beginning August 2, 2001, personal property sold
    to a lessor who leases the property, under a lease of one
    year or longer executed or in effect at the time of the
    purchase, to a governmental body that has been issued an
    active tax exemption identification number by the
    Department under Section 1g of this Act. This paragraph is
    exempt from the provisions of Section 2-70.
        (38) Beginning on January 1, 2002 and through June 30,
    2016, tangible personal property purchased from an
    Illinois retailer by a taxpayer engaged in centralized
    purchasing activities in Illinois who will, upon receipt
    of the property in Illinois, temporarily store the
    property in Illinois (i) for the purpose of subsequently
    transporting it outside this State for use or consumption
    thereafter solely outside this State or (ii) for the
    purpose of being processed, fabricated, or manufactured
    into, attached to, or incorporated into other tangible
    personal property to be transported outside this State and
    thereafter used or consumed solely outside this State. The
    Director of Revenue shall, pursuant to rules adopted in
    accordance with the Illinois Administrative Procedure Act,
    issue a permit to any taxpayer in good standing with the
    Department who is eligible for the exemption under this
    paragraph (38). The permit issued under this paragraph
    (38) shall authorize the holder, to the extent and in the
    manner specified in the rules adopted under this Act, to
    purchase tangible personal property from a retailer exempt
    from the taxes imposed by this Act. Taxpayers shall
    maintain all necessary books and records to substantiate
    the use and consumption of all such tangible personal
    property outside of the State of Illinois.
        (39) Beginning January 1, 2008, tangible personal
    property used in the construction or maintenance of a
    community water supply, as defined under Section 3.145 of
    the Environmental Protection Act, that is operated by a
    not-for-profit corporation that holds a valid water supply
    permit issued under Title IV of the Environmental
    Protection Act. This paragraph is exempt from the
    provisions of Section 2-70.
        (40) Beginning January 1, 2010 and continuing through
    December 31, 2029, materials, parts, equipment,
    components, and furnishings incorporated into or upon an
    aircraft as part of the modification, refurbishment,
    completion, replacement, repair, or maintenance of the
    aircraft. This exemption includes consumable supplies used
    in the modification, refurbishment, completion,
    replacement, repair, and maintenance of aircraft. However,
    until January 1, 2024, this exemption excludes any
    materials, parts, equipment, components, and consumable
    supplies used in the modification, replacement, repair,
    and maintenance of aircraft engines or power plants,
    whether such engines or power plants are installed or
    uninstalled upon any such aircraft. "Consumable supplies"
    include, but are not limited to, adhesive, tape,
    sandpaper, general purpose lubricants, cleaning solution,
    latex gloves, and protective films.
        Beginning January 1, 2010 and continuing through
    December 31, 2023, this exemption applies only to the sale
    of qualifying tangible personal property to persons who
    modify, refurbish, complete, replace, or maintain an
    aircraft and who (i) hold an Air Agency Certificate and
    are empowered to operate an approved repair station by the
    Federal Aviation Administration, (ii) have a Class IV
    Rating, and (iii) conduct operations in accordance with
    Part 145 of the Federal Aviation Regulations. The
    exemption does not include aircraft operated by a
    commercial air carrier providing scheduled passenger air
    service pursuant to authority issued under Part 121 or
    Part 129 of the Federal Aviation Regulations. From January
    1, 2024 through December 31, 2029, this exemption applies
    only to the use of qualifying tangible personal property
    by: (A) persons who modify, refurbish, complete, repair,
    replace, or maintain aircraft and who (i) hold an Air
    Agency Certificate and are empowered to operate an
    approved repair station by the Federal Aviation
    Administration, (ii) have a Class IV Rating, and (iii)
    conduct operations in accordance with Part 145 of the
    Federal Aviation Regulations; and (B) persons who engage
    in the modification, replacement, repair, and maintenance
    of aircraft engines or power plants without regard to
    whether or not those persons meet the qualifications of
    item (A).
        The changes made to this paragraph (40) by Public Act
    98-534 are declarative of existing law. It is the intent
    of the General Assembly that the exemption under this
    paragraph (40) applies continuously from January 1, 2010
    through December 31, 2024; however, no claim for credit or
    refund is allowed for taxes paid as a result of the
    disallowance of this exemption on or after January 1, 2015
    and prior to February 5, 2020 (the effective date of
    Public Act 101-629).
        (41) Tangible personal property sold to a
    public-facilities corporation, as described in Section
    11-65-10 of the Illinois Municipal Code, for purposes of
    constructing or furnishing a municipal convention hall,
    but only if the legal title to the municipal convention
    hall is transferred to the municipality without any
    further consideration by or on behalf of the municipality
    at the time of the completion of the municipal convention
    hall or upon the retirement or redemption of any bonds or
    other debt instruments issued by the public-facilities
    corporation in connection with the development of the
    municipal convention hall. This exemption includes
    existing public-facilities corporations as provided in
    Section 11-65-25 of the Illinois Municipal Code. This
    paragraph is exempt from the provisions of Section 2-70.
        (42) Beginning January 1, 2017 and through December
    31, 2026, menstrual pads, tampons, and menstrual cups.
        (43) Merchandise that is subject to the Rental
    Purchase Agreement Occupation and Use Tax. The purchaser
    must certify that the item is purchased to be rented
    subject to a rental-purchase rental purchase agreement, as
    defined in the Rental-Purchase Rental Purchase Agreement
    Act, and provide proof of registration under the Rental
    Purchase Agreement Occupation and Use Tax Act. This
    paragraph is exempt from the provisions of Section 2-70.
        (44) Qualified tangible personal property used in the
    construction or operation of a data center that has been
    granted a certificate of exemption by the Department of
    Commerce and Economic Opportunity, whether that tangible
    personal property is purchased by the owner, operator, or
    tenant of the data center or by a contractor or
    subcontractor of the owner, operator, or tenant. Data
    centers that would have qualified for a certificate of
    exemption prior to January 1, 2020 had Public Act 101-31
    been in effect, may apply for and obtain an exemption for
    subsequent purchases of computer equipment or enabling
    software purchased or leased to upgrade, supplement, or
    replace computer equipment or enabling software purchased
    or leased in the original investment that would have
    qualified.
        The Department of Commerce and Economic Opportunity
    shall grant a certificate of exemption under this item
    (44) to qualified data centers as defined by Section
    605-1025 of the Department of Commerce and Economic
    Opportunity Law of the Civil Administrative Code of
    Illinois.
        For the purposes of this item (44):
            "Data center" means a building or a series of
        buildings rehabilitated or constructed to house
        working servers in one physical location or multiple
        sites within the State of Illinois.
            "Qualified tangible personal property" means:
        electrical systems and equipment; climate control and
        chilling equipment and systems; mechanical systems and
        equipment; monitoring and secure systems; emergency
        generators; hardware; computers; servers; data storage
        devices; network connectivity equipment; racks;
        cabinets; telecommunications cabling infrastructure;
        raised floor systems; peripheral components or
        systems; software; mechanical, electrical, or plumbing
        systems; battery systems; cooling systems and towers;
        temperature control systems; other cabling; and other
        data center infrastructure equipment and systems
        necessary to operate qualified tangible personal
        property, including fixtures; and component parts of
        any of the foregoing, including installation,
        maintenance, repair, refurbishment, and replacement of
        qualified tangible personal property to generate,
        transform, transmit, distribute, or manage electricity
        necessary to operate qualified tangible personal
        property; and all other tangible personal property
        that is essential to the operations of a computer data
        center. The term "qualified tangible personal
        property" also includes building materials physically
        incorporated into the qualifying data center. To
        document the exemption allowed under this Section, the
        retailer must obtain from the purchaser a copy of the
        certificate of eligibility issued by the Department of
        Commerce and Economic Opportunity.
        This item (44) is exempt from the provisions of
    Section 2-70.
        (45) Beginning January 1, 2020 and through December
    31, 2020, sales of tangible personal property made by a
    marketplace seller over a marketplace for which tax is due
    under this Act but for which use tax has been collected and
    remitted to the Department by a marketplace facilitator
    under Section 2d of the Use Tax Act are exempt from tax
    under this Act. A marketplace seller claiming this
    exemption shall maintain books and records demonstrating
    that the use tax on such sales has been collected and
    remitted by a marketplace facilitator. Marketplace sellers
    that have properly remitted tax under this Act on such
    sales may file a claim for credit as provided in Section 6
    of this Act. No claim is allowed, however, for such taxes
    for which a credit or refund has been issued to the
    marketplace facilitator under the Use Tax Act, or for
    which the marketplace facilitator has filed a claim for
    credit or refund under the Use Tax Act.
        (46) Beginning July 1, 2022, breast pumps, breast pump
    collection and storage supplies, and breast pump kits.
    This item (46) is exempt from the provisions of Section
    2-70. As used in this item (46):
        "Breast pump" means an electrically controlled or
    manually controlled pump device designed or marketed to be
    used to express milk from a human breast during lactation,
    including the pump device and any battery, AC adapter, or
    other power supply unit that is used to power the pump
    device and is packaged and sold with the pump device at the
    time of sale.
        "Breast pump collection and storage supplies" means
    items of tangible personal property designed or marketed
    to be used in conjunction with a breast pump to collect
    milk expressed from a human breast and to store collected
    milk until it is ready for consumption.
        "Breast pump collection and storage supplies"
    includes, but is not limited to: breast shields and breast
    shield connectors; breast pump tubes and tubing adapters;
    breast pump valves and membranes; backflow protectors and
    backflow protector adaptors; bottles and bottle caps
    specific to the operation of the breast pump; and breast
    milk storage bags.
        "Breast pump collection and storage supplies" does not
    include: (1) bottles and bottle caps not specific to the
    operation of the breast pump; (2) breast pump travel bags
    and other similar carrying accessories, including ice
    packs, labels, and other similar products; (3) breast pump
    cleaning supplies; (4) nursing bras, bra pads, breast
    shells, and other similar products; and (5) creams,
    ointments, and other similar products that relieve
    breastfeeding-related symptoms or conditions of the
    breasts or nipples, unless sold as part of a breast pump
    kit that is pre-packaged by the breast pump manufacturer
    or distributor.
        "Breast pump kit" means a kit that: (1) contains no
    more than a breast pump, breast pump collection and
    storage supplies, a rechargeable battery for operating the
    breast pump, a breastmilk cooler, bottle stands, ice
    packs, and a breast pump carrying case; and (2) is
    pre-packaged as a breast pump kit by the breast pump
    manufacturer or distributor.
        (47) Tangible personal property sold by or on behalf
    of the State Treasurer pursuant to the Revised Uniform
    Unclaimed Property Act. This item (47) is exempt from the
    provisions of Section 2-70.
        (48) Beginning on January 1, 2024, tangible personal
    property purchased by an active duty member of the armed
    forces of the United States who presents valid military
    identification and purchases the property using a form of
    payment where the federal government is the payor. The
    member of the armed forces must complete, at the point of
    sale, a form prescribed by the Department of Revenue
    documenting that the transaction is eligible for the
    exemption under this paragraph. Retailers must keep the
    form as documentation of the exemption in their records
    for a period of not less than 6 years. "Armed forces of the
    United States" means the United States Army, Navy, Air
    Force, Marine Corps, or Coast Guard. This paragraph is
    exempt from the provisions of Section 2-70.
(Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21;
102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700,
Article 75, Section 75-20, eff. 4-19-22; 102-813, eff.
5-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section
5-20, eff. 6-7-23; 103-9, Article 15, Section 15-20, eff.
6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; revised
12-12-23.)
 
    (35 ILCS 120/3)  (from Ch. 120, par. 442)
    Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person engaged
in the business of selling tangible personal property at
retail in this State during the preceding calendar month shall
file a return with the Department, stating:
        1. The name of the seller;
        2. His residence address and the address of his
    principal place of business and the address of the
    principal place of business (if that is a different
    address) from which he engages in the business of selling
    tangible personal property at retail in this State;
        3. Total amount of receipts received by him during the
    preceding calendar month or quarter, as the case may be,
    from sales of tangible personal property, and from
    services furnished, by him during such preceding calendar
    month or quarter;
        4. Total amount received by him during the preceding
    calendar month or quarter on charge and time sales of
    tangible personal property, and from services furnished,
    by him prior to the month or quarter for which the return
    is filed;
        5. Deductions allowed by law;
        6. Gross receipts which were received by him during
    the preceding calendar month or quarter and upon the basis
    of which the tax is imposed, including gross receipts on
    food for human consumption that is to be consumed off the
    premises where it is sold (other than alcoholic beverages,
    food consisting of or infused with adult use cannabis,
    soft drinks, and food that has been prepared for immediate
    consumption) which were received during the preceding
    calendar month or quarter and upon which tax would have
    been due but for the 0% rate imposed under Public Act
    102-700;
        7. The amount of credit provided in Section 2d of this
    Act;
        8. The amount of tax due, including the amount of tax
    that would have been due on food for human consumption
    that is to be consumed off the premises where it is sold
    (other than alcoholic beverages, food consisting of or
    infused with adult use cannabis, soft drinks, and food
    that has been prepared for immediate consumption) but for
    the 0% rate imposed under Public Act 102-700;
        9. The signature of the taxpayer; and
        10. Such other reasonable information as the
    Department may require.
    On and after January 1, 2018, except for returns required
to be filed prior to January 1, 2023 for motor vehicles,
watercraft, aircraft, and trailers that are required to be
registered with an agency of this State, with respect to
retailers whose annual gross receipts average $20,000 or more,
all returns required to be filed pursuant to this Act shall be
filed electronically. On and after January 1, 2023, with
respect to retailers whose annual gross receipts average
$20,000 or more, all returns required to be filed pursuant to
this Act, including, but not limited to, returns for motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State, shall be filed
electronically. Retailers who demonstrate that they do not
have access to the Internet or demonstrate hardship in filing
electronically may petition the Department to waive the
electronic filing requirement.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
    Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
    Prior to October 1, 2003, and on and after September 1,
2004, a retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as
provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a retailer prior to October 1, 2003
and on and after September 1, 2004 as provided in Section 3-85
of the Use Tax Act, may be used by that retailer to satisfy
Retailers' Occupation Tax liability in the amount claimed in
the certification, not to exceed 6.25% of the receipts subject
to tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's Purchase
Credit reported on annual returns due on or after January 1,
2005 will be disallowed for periods prior to September 1,
2004. No Manufacturer's Purchase Credit may be used after
September 30, 2003 through August 31, 2004 to satisfy any tax
liability imposed under this Act, including any audit
liability.
    Beginning on July 1, 2023 and through December 31, 2032, a
retailer may accept a Sustainable Aviation Fuel Purchase
Credit certification from an air common carrier-purchaser in
satisfaction of Use Tax on aviation fuel as provided in
Section 3-87 of the Use Tax Act if the purchaser provides the
appropriate documentation as required by Section 3-87 of the
Use Tax Act. A Sustainable Aviation Fuel Purchase Credit
certification accepted by a retailer in accordance with this
paragraph may be used by that retailer to satisfy Retailers'
Occupation Tax liability (but not in satisfaction of penalty
or interest) in the amount claimed in the certification, not
to exceed 6.25% of the receipts subject to tax from a sale of
aviation fuel. In addition, for a sale of aviation fuel to
qualify to earn the Sustainable Aviation Fuel Purchase Credit,
retailers must retain in their books and records a
certification from the producer of the aviation fuel that the
aviation fuel sold by the retailer and for which a sustainable
aviation fuel purchase credit was earned meets the definition
of sustainable aviation fuel under Section 3-87 of the Use Tax
Act. The documentation must include detail sufficient for the
Department to determine the number of gallons of sustainable
aviation fuel sold.
    The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first 2 two months of each calendar quarter, on or
before the twentieth day of the following calendar month,
stating:
        1. The name of the seller;
        2. The address of the principal place of business from
    which he engages in the business of selling tangible
    personal property at retail in this State;
        3. The total amount of taxable receipts received by
    him during the preceding calendar month from sales of
    tangible personal property by him during such preceding
    calendar month, including receipts from charge and time
    sales, but less all deductions allowed by law;
        4. The amount of credit provided in Section 2d of this
    Act;
        5. The amount of tax due; and
        6. Such other reasonable information as the Department
    may require.
    Every person engaged in the business of selling aviation
fuel at retail in this State during the preceding calendar
month shall, instead of reporting and paying tax as otherwise
required by this Section, report and pay such tax on a separate
aviation fuel tax return. The requirements related to the
return shall be as otherwise provided in this Section.
Notwithstanding any other provisions of this Act to the
contrary, retailers selling aviation fuel shall file all
aviation fuel tax returns and shall make all aviation fuel tax
payments by electronic means in the manner and form required
by the Department. For purposes of this Section, "aviation
fuel" means jet fuel and aviation gasoline.
    Beginning on October 1, 2003, any person who is not a
licensed distributor, importing distributor, or manufacturer,
as defined in the Liquor Control Act of 1934, but is engaged in
the business of selling, at retail, alcoholic liquor shall
file a statement with the Department of Revenue, in a format
and at a time prescribed by the Department, showing the total
amount paid for alcoholic liquor purchased during the
preceding month and such other information as is reasonably
required by the Department. The Department may adopt rules to
require that this statement be filed in an electronic or
telephonic format. Such rules may provide for exceptions from
the filing requirements of this paragraph. For the purposes of
this paragraph, the term "alcoholic liquor" shall have the
meaning prescribed in the Liquor Control Act of 1934.
    Beginning on October 1, 2003, every distributor, importing
distributor, and manufacturer of alcoholic liquor as defined
in the Liquor Control Act of 1934, shall file a statement with
the Department of Revenue, no later than the 10th day of the
month for the preceding month during which transactions
occurred, by electronic means, showing the total amount of
gross receipts from the sale of alcoholic liquor sold or
distributed during the preceding month to purchasers;
identifying the purchaser to whom it was sold or distributed;
the purchaser's tax registration number; and such other
information reasonably required by the Department. A
distributor, importing distributor, or manufacturer of
alcoholic liquor must personally deliver, mail, or provide by
electronic means to each retailer listed on the monthly
statement a report containing a cumulative total of that
distributor's, importing distributor's, or manufacturer's
total sales of alcoholic liquor to that retailer no later than
the 10th day of the month for the preceding month during which
the transaction occurred. The distributor, importing
distributor, or manufacturer shall notify the retailer as to
the method by which the distributor, importing distributor, or
manufacturer will provide the sales information. If the
retailer is unable to receive the sales information by
electronic means, the distributor, importing distributor, or
manufacturer shall furnish the sales information by personal
delivery or by mail. For purposes of this paragraph, the term
"electronic means" includes, but is not limited to, the use of
a secure Internet website, e-mail, or facsimile.
    If a total amount of less than $1 is payable, refundable or
creditable, such amount shall be disregarded if it is less
than 50 cents and shall be increased to $1 if it is 50 cents or
more.
    Notwithstanding any other provision of this Act to the
contrary, retailers subject to tax on cannabis shall file all
cannabis tax returns and shall make all cannabis tax payments
by electronic means in the manner and form required by the
Department.
    Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall
make all payments required by rules of the Department by
electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1,
2000, a taxpayer who has an annual tax liability of $200,000 or
more shall make all payments required by rules of the
Department by electronic funds transfer. The term "annual tax
liability" shall be the sum of the taxpayer's liabilities
under this Act, and under all other State and local occupation
and use tax laws administered by the Department, for the
immediately preceding calendar year. The term "average monthly
tax liability" shall be the sum of the taxpayer's liabilities
under this Act, and under all other State and local occupation
and use tax laws administered by the Department, for the
immediately preceding calendar year divided by 12. Beginning
on October 1, 2002, a taxpayer who has a tax liability in the
amount set forth in subsection (b) of Section 2505-210 of the
Department of Revenue Law shall make all payments required by
rules of the Department by electronic funds transfer.
    Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers required
to make payments by electronic funds transfer shall make those
payments for a minimum of one year beginning on October 1.
    Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
    Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount
is not a whole-dollar amount, be increased to the nearest
whole-dollar amount in any case where the fractional part of a
dollar is 50 cents or more, and decreased to the nearest
whole-dollar amount where the fractional part of a dollar is
less than 50 cents.
    If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February, and March of a given
year being due by April 20 of such year; with the return for
April, May, and June of a given year being due by July 20 of
such year; with the return for July, August, and September of a
given year being due by October 20 of such year, and with the
return for October, November, and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax
liability with the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January 20
of the following year.
    Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
    Notwithstanding any other provision in this Act concerning
the time within which a retailer may file his return, in the
case of any retailer who ceases to engage in a kind of business
which makes him responsible for filing returns under this Act,
such retailer shall file a final return under this Act with the
Department not more than one month after discontinuing such
business.
    Where the same person has more than one business
registered with the Department under separate registrations
under this Act, such person may not file each return that is
due as a single return covering all such registered
businesses, but shall file separate returns for each such
registered business.
    In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, except as otherwise provided in this
Section, every retailer selling this kind of tangible personal
property shall file, with the Department, upon a form to be
prescribed and supplied by the Department, a separate return
for each such item of tangible personal property which the
retailer sells, except that if, in the same transaction, (i) a
retailer of aircraft, watercraft, motor vehicles, or trailers
transfers more than one aircraft, watercraft, motor vehicle,
or trailer to another aircraft, watercraft, motor vehicle
retailer, or trailer retailer for the purpose of resale or
(ii) a retailer of aircraft, watercraft, motor vehicles, or
trailers transfers more than one aircraft, watercraft, motor
vehicle, or trailer to a purchaser for use as a qualifying
rolling stock as provided in Section 2-5 of this Act, then that
seller may report the transfer of all aircraft, watercraft,
motor vehicles, or trailers involved in that transaction to
the Department on the same uniform invoice-transaction
reporting return form. For purposes of this Section,
"watercraft" means a Class 2, Class 3, or Class 4 watercraft as
defined in Section 3-2 of the Boat Registration and Safety
Act, a personal watercraft, or any boat equipped with an
inboard motor.
    In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every person who is engaged in the
business of leasing or renting such items and who, in
connection with such business, sells any such item to a
retailer for the purpose of resale is, notwithstanding any
other provision of this Section to the contrary, authorized to
meet the return-filing requirement of this Act by reporting
the transfer of all the aircraft, watercraft, motor vehicles,
or trailers transferred for resale during a month to the
Department on the same uniform invoice-transaction reporting
return form on or before the 20th of the month following the
month in which the transfer takes place. Notwithstanding any
other provision of this Act to the contrary, all returns filed
under this paragraph must be filed by electronic means in the
manner and form as required by the Department.
    Any retailer who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that all retailers' occupation tax
liability is required to be reported, and is reported, on such
transaction reporting returns and who is not otherwise
required to file monthly or quarterly returns, need not file
monthly or quarterly returns. However, those retailers shall
be required to file returns on an annual basis.
    The transaction reporting return, in the case of motor
vehicles or trailers that are required to be registered with
an agency of this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of the Illinois
Vehicle Code and must show the name and address of the seller;
the name and address of the purchaser; the amount of the
selling price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 1 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling
price; the amount of tax due from the retailer with respect to
such transaction; the amount of tax collected from the
purchaser by the retailer on such transaction (or satisfactory
evidence that such tax is not due in that particular instance,
if that is claimed to be the fact); the place and date of the
sale; a sufficient identification of the property sold; such
other information as is required in Section 5-402 of the
Illinois Vehicle Code, and such other information as the
Department may reasonably require.
    The transaction reporting return in the case of watercraft
or aircraft must show the name and address of the seller; the
name and address of the purchaser; the amount of the selling
price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 1 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling
price; the amount of tax due from the retailer with respect to
such transaction; the amount of tax collected from the
purchaser by the retailer on such transaction (or satisfactory
evidence that such tax is not due in that particular instance,
if that is claimed to be the fact); the place and date of the
sale, a sufficient identification of the property sold, and
such other information as the Department may reasonably
require.
    Such transaction reporting return shall be filed not later
than 20 days after the day of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the
Illinois use tax may be transmitted to the Department by way of
the State agency with which, or State officer with whom the
tangible personal property must be titled or registered (if
titling or registration is required) if the Department and
such agency or State officer determine that this procedure
will expedite the processing of applications for title or
registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a use tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State
officer with whom, he must title or register the tangible
personal property that is involved (if titling or registration
is required) in support of such purchaser's application for an
Illinois certificate or other evidence of title or
registration to such tangible personal property.
    No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
    If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment
of the tax or proof of exemption made to the Department before
the retailer is willing to take these actions and such user has
not paid the tax to the retailer, such user may certify to the
fact of such delay by the retailer and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
    Refunds made by the seller during the preceding return
period to purchasers, on account of tangible personal property
returned to the seller, shall be allowed as a deduction under
subdivision 5 of his monthly or quarterly return, as the case
may be, in case the seller had theretofore included the
receipts from the sale of such tangible personal property in a
return filed by him and had paid the tax imposed by this Act
with respect to such receipts.
    Where the seller is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary, or treasurer or by the properly
accredited agent of such corporation.
    Where the seller is a limited liability company, the
return filed on behalf of the limited liability company shall
be signed by a manager, member, or properly accredited agent
of the limited liability company.
    Except as provided in this Section, the retailer filing
the return under this Section shall, at the time of filing such
return, pay to the Department the amount of tax imposed by this
Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
on and after January 1, 1990, or $5 per calendar year,
whichever is greater, which is allowed to reimburse the
retailer for the expenses incurred in keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. On and after January 1,
2021, a certified service provider, as defined in the Leveling
the Playing Field for Illinois Retail Act, filing the return
under this Section on behalf of a remote retailer shall, at the
time of such return, pay to the Department the amount of tax
imposed by this Act less a discount of 1.75%. A remote retailer
using a certified service provider to file a return on its
behalf, as provided in the Leveling the Playing Field for
Illinois Retail Act, is not eligible for the discount. When
determining the discount allowed under this Section, retailers
shall include the amount of tax that would have been due at the
1% rate but for the 0% rate imposed under Public Act 102-700.
When determining the discount allowed under this Section,
retailers shall include the amount of tax that would have been
due at the 6.25% rate but for the 1.25% rate imposed on sales
tax holiday items under Public Act 102-700. The discount under
this Section is not allowed for the 1.25% portion of taxes paid
on aviation fuel that is subject to the revenue use
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any
prepayment made pursuant to Section 2d of this Act shall be
included in the amount on which such 2.1% or 1.75% discount is
computed. In the case of retailers who report and pay the tax
on a transaction by transaction basis, as provided in this
Section, such discount shall be taken with each such tax
remittance instead of when such retailer files his periodic
return. The discount allowed under this Section is allowed
only for returns that are filed in the manner required by this
Act. The Department may disallow the discount for retailers
whose certificate of registration is revoked at the time the
return is filed, but only if the Department's decision to
revoke the certificate of registration has become final.
    Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was
$10,000 or more during the preceding 4 complete calendar
quarters, he shall file a return with the Department each
month by the 20th day of the month next following the month
during which such tax liability is incurred and shall make
payments to the Department on or before the 7th, 15th, 22nd and
last day of the month during which such liability is incurred.
On and after October 1, 2000, if the taxpayer's average
monthly tax liability to the Department under this Act, the
Use Tax Act, the Service Occupation Tax Act, and the Service
Use Tax Act, excluding any liability for prepaid sales tax to
be remitted in accordance with Section 2d of this Act, was
$20,000 or more during the preceding 4 complete calendar
quarters, he shall file a return with the Department each
month by the 20th day of the month next following the month
during which such tax liability is incurred and shall make
payment to the Department on or before the 7th, 15th, 22nd and
last day of the month during which such liability is incurred.
If the month during which such tax liability is incurred began
prior to January 1, 1985, each payment shall be in an amount
equal to 1/4 of the taxpayer's actual liability for the month
or an amount set by the Department not to exceed 1/4 of the
average monthly liability of the taxpayer to the Department
for the preceding 4 complete calendar quarters (excluding the
month of highest liability and the month of lowest liability
in such 4 quarter period). If the month during which such tax
liability is incurred begins on or after January 1, 1985 and
prior to January 1, 1987, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 27.5% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during
which such tax liability is incurred begins on or after
January 1, 1987 and prior to January 1, 1988, each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 26.25% of the taxpayer's liability
for the same calendar month of the preceding year. If the month
during which such tax liability is incurred begins on or after
January 1, 1988, and prior to January 1, 1989, or begins on or
after January 1, 1996, each payment shall be in an amount equal
to 22.5% of the taxpayer's actual liability for the month or
25% of the taxpayer's liability for the same calendar month of
the preceding year. If the month during which such tax
liability is incurred begins on or after January 1, 1989, and
prior to January 1, 1996, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 25% of the taxpayer's liability for the same calendar
month of the preceding year or 100% of the taxpayer's actual
liability for the quarter monthly reporting period. The amount
of such quarter monthly payments shall be credited against the
final tax liability of the taxpayer's return for that month.
Before October 1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $10,000
or more as determined in the manner provided above shall
continue until such taxpayer's average monthly liability to
the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding complete
calendar quarter period is less than $10,000. However, if a
taxpayer can show the Department that a substantial change in
the taxpayer's business has occurred which causes the taxpayer
to anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $10,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status.
On and after October 1, 2000, once applicable, the requirement
of the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $20,000
or more as determined in the manner provided above shall
continue until such taxpayer's average monthly liability to
the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $19,000 or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding complete
calendar quarter period is less than $20,000. However, if a
taxpayer can show the Department that a substantial change in
the taxpayer's business has occurred which causes the taxpayer
to anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $20,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status.
The Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal in nature and not
likely to be long term. Quarter monthly payment status shall
be determined under this paragraph as if the rate reduction to
0% in Public Act 102-700 on food for human consumption that is
to be consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption) had not occurred. For quarter monthly
payments due under this paragraph on or after July 1, 2023 and
through June 30, 2024, "25% of the taxpayer's liability for
the same calendar month of the preceding year" shall be
determined as if the rate reduction to 0% in Public Act 102-700
had not occurred. Quarter monthly payment status shall be
determined under this paragraph as if the rate reduction to
1.25% in Public Act 102-700 on sales tax holiday items had not
occurred. For quarter monthly payments due on or after July 1,
2023 and through June 30, 2024, "25% of the taxpayer's
liability for the same calendar month of the preceding year"
shall be determined as if the rate reduction to 1.25% in Public
Act 102-700 on sales tax holiday items had not occurred. If any
such quarter monthly payment is not paid at the time or in the
amount required by this Section, then the taxpayer shall be
liable for penalties and interest on the difference between
the minimum amount due as a payment and the amount of such
quarter monthly payment actually and timely paid, except
insofar as the taxpayer has previously made payments for that
month to the Department in excess of the minimum payments
previously due as provided in this Section. The Department
shall make reasonable rules and regulations to govern the
quarter monthly payment amount and quarter monthly payment
dates for taxpayers who file on other than a calendar monthly
basis.
    The provisions of this paragraph apply before October 1,
2001. Without regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes which average in
excess of $25,000 per month during the preceding 2 complete
calendar quarters, shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which such liability is incurred. If the month
during which such tax liability is incurred began prior to
September 1, 1985 (the effective date of Public Act 84-221),
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d. If the month
during which such tax liability is incurred begins on or after
January 1, 1986, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or
27.5% of the taxpayer's liability for the same calendar month
of the preceding calendar year. If the month during which such
tax liability is incurred begins on or after January 1, 1987,
each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 26.25% of the
taxpayer's liability for the same calendar month of the
preceding year. The amount of such quarter monthly payments
shall be credited against the final tax liability of the
taxpayer's return for that month filed under this Section or
Section 2f, as the case may be. Once applicable, the
requirement of the making of quarter monthly payments to the
Department pursuant to this paragraph shall continue until
such taxpayer's average monthly prepaid tax collections during
the preceding 2 complete calendar quarters is $25,000 or less.
If any such quarter monthly payment is not paid at the time or
in the amount required, the taxpayer shall be liable for
penalties and interest on such difference, except insofar as
the taxpayer has previously made payments for that month in
excess of the minimum payments previously due.
    The provisions of this paragraph apply on and after
October 1, 2001. Without regard to whether a taxpayer is
required to make quarter monthly payments as specified above,
any taxpayer who is required by Section 2d of this Act to
collect and remit prepaid taxes and has collected prepaid
taxes that average in excess of $20,000 per month during the
preceding 4 complete calendar quarters shall file a return
with the Department as required by Section 2f and shall make
payments to the Department on or before the 7th, 15th, 22nd,
and last day of the month during which the liability is
incurred. Each payment shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 25% of the
taxpayer's liability for the same calendar month of the
preceding year. The amount of the quarter monthly payments
shall be credited against the final tax liability of the
taxpayer's return for that month filed under this Section or
Section 2f, as the case may be. Once applicable, the
requirement of the making of quarter monthly payments to the
Department pursuant to this paragraph shall continue until the
taxpayer's average monthly prepaid tax collections during the
preceding 4 complete calendar quarters (excluding the month of
highest liability and the month of lowest liability) is less
than $19,000 or until such taxpayer's average monthly
liability to the Department as computed for each calendar
quarter of the 4 preceding complete calendar quarters is less
than $20,000. If any such quarter monthly payment is not paid
at the time or in the amount required, the taxpayer shall be
liable for penalties and interest on such difference, except
insofar as the taxpayer has previously made payments for that
month in excess of the minimum payments previously due.
    If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the
Service Occupation Tax Act, and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment. The
credit evidenced by such credit memorandum may be assigned by
the taxpayer to a similar taxpayer under this Act, the Use Tax
Act, the Service Occupation Tax Act, or the Service Use Tax
Act, in accordance with reasonable rules and regulations to be
prescribed by the Department. If no such request is made, the
taxpayer may credit such excess payment against tax liability
subsequently to be remitted to the Department under this Act,
the Use Tax Act, the Service Occupation Tax Act, or the Service
Use Tax Act, in accordance with reasonable rules and
regulations prescribed by the Department. If the Department
subsequently determined that all or any part of the credit
taken was not actually due to the taxpayer, the taxpayer's
2.1% and 1.75% vendor's discount shall be reduced by 2.1% or
1.75% of the difference between the credit taken and that
actually due, and that taxpayer shall be liable for penalties
and interest on such difference.
    If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to the Department under this Act for the month for which the
taxpayer is filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
    Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund, a special fund in the
State treasury which is hereby created, the net revenue
realized for the preceding month from the 1% tax imposed under
this Act.
    Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund, a special
fund in the State treasury which is hereby created, 4% of the
net revenue realized for the preceding month from the 6.25%
general rate other than aviation fuel sold on or after
December 1, 2019. This exception for aviation fuel only
applies for so long as the revenue use requirements of 49
U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. If, in any
month, the tax on sales tax holiday items, as defined in
Section 2-8, is imposed at the rate of 1.25%, then the
Department shall pay 20% of the net revenue realized for that
month from the 1.25% rate on the selling price of sales tax
holiday items into the County and Mass Transit District Fund.
    Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate
on the selling price of tangible personal property other than
aviation fuel sold on or after December 1, 2019. This
exception for aviation fuel only applies for so long as the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133 are binding on the State.
    For aviation fuel sold on or after December 1, 2019, each
month the Department shall pay into the State Aviation Program
Fund 20% of the net revenue realized for the preceding month
from the 6.25% general rate on the selling price of aviation
fuel, less an amount estimated by the Department to be
required for refunds of the 20% portion of the tax on aviation
fuel under this Act, which amount shall be deposited into the
Aviation Fuel Sales Tax Refund Fund. The Department shall only
pay moneys into the State Aviation Program Fund and the
Aviation Fuel Sales Tax Refund Fund under this Act for so long
as the revenue use requirements of 49 U.S.C. 47107(b) and 49
U.S.C. 47133 are binding on the State.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol. If, in any month, the
tax on sales tax holiday items, as defined in Section 2-8, is
imposed at the rate of 1.25%, then the Department shall pay 80%
of the net revenue realized for that month from the 1.25% rate
on the selling price of sales tax holiday items into the Local
Government Tax Fund.
    Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
    Beginning July 1, 2011, each month the Department shall
pay into the Clean Air Act Permit Fund 80% of the net revenue
realized for the preceding month from the 6.25% general rate
on the selling price of sorbents used in Illinois in the
process of sorbent injection as used to comply with the
Environmental Protection Act or the federal Clean Air Act, but
the total payment into the Clean Air Act Permit Fund under this
Act and the Use Tax Act shall not exceed $2,000,000 in any
fiscal year.
    Beginning July 1, 2013, each month the Department shall
pay into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service Use Tax
Act, and the Service Occupation Tax Act an amount equal to the
average monthly deficit in the Underground Storage Tank Fund
during the prior year, as certified annually by the Illinois
Environmental Protection Agency, but the total payment into
the Underground Storage Tank Fund under this Act, the Use Tax
Act, the Service Use Tax Act, and the Service Occupation Tax
Act shall not exceed $18,000,000 in any State fiscal year. As
used in this paragraph, the "average monthly deficit" shall be
equal to the difference between the average monthly claims for
payment by the fund and the average monthly revenues deposited
into the fund, excluding payments made pursuant to this
paragraph.
    Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, the Service
Use Tax Act, the Service Occupation Tax Act, and this Act, each
month the Department shall deposit $500,000 into the State
Crime Laboratory Fund.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to this Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts
being hereinafter called the "Tax Acts" and such aggregate of
2.2% or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred to
the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall
be immediately paid into the Build Illinois Fund from other
moneys received by the Department pursuant to the Tax Acts;
the "Annual Specified Amount" means the amounts specified
below for fiscal years 1986 through 1993:
Fiscal YearAnnual Specified Amount
1986$54,800,000
1987$76,650,000
1988$80,480,000
1989$88,510,000
1990$115,330,000
1991$145,470,000
1992$182,730,000
1993$206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994 and
each fiscal year thereafter; and further provided, that if on
the last business day of any month the sum of (1) the Tax Act
Amount required to be deposited into the Build Illinois Bond
Account in the Build Illinois Fund during such month and (2)
the amount transferred to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall have been less than
1/12 of the Annual Specified Amount, an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the greater of
(i) the Tax Act Amount or (ii) the Annual Specified Amount for
such fiscal year. The amounts payable into the Build Illinois
Fund under clause (b) of the first sentence in this paragraph
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing Bonds issued
and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture and on
any Bonds expected to be issued thereafter and all fees and
costs payable with respect thereto, all as certified by the
Director of the Bureau of the Budget (now Governor's Office of
Management and Budget). If on the last business day of any
month in which Bonds are outstanding pursuant to the Build
Illinois Bond Act, the aggregate of moneys deposited in the
Build Illinois Bond Account in the Build Illinois Fund in such
month shall be less than the amount required to be transferred
in such month from the Build Illinois Bond Account to the Build
Illinois Bond Retirement and Interest Fund pursuant to Section
13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys
received by the Department pursuant to the Tax Acts to the
Build Illinois Fund; provided, however, that any amounts paid
to the Build Illinois Fund in any fiscal year pursuant to this
sentence shall be deemed to constitute payments pursuant to
clause (b) of the first sentence of this paragraph and shall
reduce the amount otherwise payable for such fiscal year
pursuant to that clause (b). The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal YearTotal Deposit
1993         $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004103,000,000
2005108,000,000
2006113,000,000
2007119,000,000
2008126,000,000
2009132,000,000
2010139,000,000
2011146,000,000
2012153,000,000
2013161,000,000
2014170,000,000
2015179,000,000
2016189,000,000
2017199,000,000
2018210,000,000
2019221,000,000
2020233,000,000
2021300,000,000
2022300,000,000
2023300,000,000
2024 300,000,000
2025 300,000,000
2026 300,000,000
2027 375,000,000
2028 375,000,000
2029 375,000,000
2030 375,000,000
2031 375,000,000
2032 375,000,000
2033375,000,000
2034375,000,000
2035375,000,000
2036450,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
    Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts into the Capital Projects
Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, for aviation fuel sold on or after December 1, 2019,
the Department shall each month deposit into the Aviation Fuel
Sales Tax Refund Fund an amount estimated by the Department to
be required for refunds of the 80% portion of the tax on
aviation fuel under this Act. The Department shall only
deposit moneys into the Aviation Fuel Sales Tax Refund Fund
under this paragraph for so long as the revenue use
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
binding on the State.
    Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois
Tax Increment Fund 0.27% of 80% of the net revenue realized for
the preceding month from the 6.25% general rate on the selling
price of tangible personal property.
    Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Illinois Tax Increment Fund pursuant to the preceding
paragraphs or in any amendments to this Section hereafter
enacted, beginning on the first day of the first calendar
month to occur on or after August 26, 2014 (the effective date
of Public Act 98-1098), each month, from the collections made
under Section 9 of the Use Tax Act, Section 9 of the Service
Use Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act, the Department
shall pay into the Tax Compliance and Administration Fund, to
be used, subject to appropriation, to fund additional auditors
and compliance personnel at the Department of Revenue, an
amount equal to 1/12 of 5% of 80% of the cash receipts
collected during the preceding fiscal year by the Audit Bureau
of the Department under the Use Tax Act, the Service Use Tax
Act, the Service Occupation Tax Act, the Retailers' Occupation
Tax Act, and associated local occupation and use taxes
administered by the Department.
    Subject to payments of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, the Energy Infrastructure Fund, and the
Tax Compliance and Administration Fund as provided in this
Section, beginning on July 1, 2018 the Department shall pay
each month into the Downstate Public Transportation Fund the
moneys required to be so paid under Section 2-3 of the
Downstate Public Transportation Act.
    Subject to successful execution and delivery of a
public-private agreement between the public agency and private
entity and completion of the civic build, beginning on July 1,
2023, of the remainder of the moneys received by the
Department under the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and this Act, the Department shall
deposit the following specified deposits in the aggregate from
collections under the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act, as required under Section 8.25g of the State Finance Act
for distribution consistent with the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
The moneys received by the Department pursuant to this Act and
required to be deposited into the Civic and Transit
Infrastructure Fund are subject to the pledge, claim and
charge set forth in Section 25-55 of the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
As used in this paragraph, "civic build", "private entity",
"public-private agreement", and "public agency" have the
meanings provided in Section 25-10 of the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
        Fiscal Year.............................Total Deposit
        2024.....................................$200,000,000
        2025....................................$206,000,000
        2026....................................$212,200,000
        2027....................................$218,500,000
        2028....................................$225,100,000
        2029....................................$288,700,000
        2030....................................$298,900,000
        2031....................................$309,300,000
        2032....................................$320,100,000
        2033....................................$331,200,000
        2034....................................$341,200,000
        2035....................................$351,400,000
        2036....................................$361,900,000
        2037....................................$372,800,000
        2038....................................$384,000,000
        2039....................................$395,500,000
        2040....................................$407,400,000
        2041....................................$419,600,000
        2042....................................$432,200,000
        2043....................................$445,100,000
    Beginning July 1, 2021 and until July 1, 2022, subject to
the payment of amounts into the County and Mass Transit
District Fund, the Local Government Tax Fund, the Build
Illinois Fund, the McCormick Place Expansion Project Fund, the
Illinois Tax Increment Fund, and the Tax Compliance and
Administration Fund as provided in this Section, the
Department shall pay each month into the Road Fund the amount
estimated to represent 16% of the net revenue realized from
the taxes imposed on motor fuel and gasohol. Beginning July 1,
2022 and until July 1, 2023, subject to the payment of amounts
into the County and Mass Transit District Fund, the Local
Government Tax Fund, the Build Illinois Fund, the McCormick
Place Expansion Project Fund, the Illinois Tax Increment Fund,
and the Tax Compliance and Administration Fund as provided in
this Section, the Department shall pay each month into the
Road Fund the amount estimated to represent 32% of the net
revenue realized from the taxes imposed on motor fuel and
gasohol. Beginning July 1, 2023 and until July 1, 2024,
subject to the payment of amounts into the County and Mass
Transit District Fund, the Local Government Tax Fund, the
Build Illinois Fund, the McCormick Place Expansion Project
Fund, the Illinois Tax Increment Fund, and the Tax Compliance
and Administration Fund as provided in this Section, the
Department shall pay each month into the Road Fund the amount
estimated to represent 48% of the net revenue realized from
the taxes imposed on motor fuel and gasohol. Beginning July 1,
2024 and until July 1, 2025, subject to the payment of amounts
into the County and Mass Transit District Fund, the Local
Government Tax Fund, the Build Illinois Fund, the McCormick
Place Expansion Project Fund, the Illinois Tax Increment Fund,
and the Tax Compliance and Administration Fund as provided in
this Section, the Department shall pay each month into the
Road Fund the amount estimated to represent 64% of the net
revenue realized from the taxes imposed on motor fuel and
gasohol. Beginning on July 1, 2025, subject to the payment of
amounts into the County and Mass Transit District Fund, the
Local Government Tax Fund, the Build Illinois Fund, the
McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Tax Compliance and Administration Fund
as provided in this Section, the Department shall pay each
month into the Road Fund the amount estimated to represent 80%
of the net revenue realized from the taxes imposed on motor
fuel and gasohol. As used in this paragraph "motor fuel" has
the meaning given to that term in Section 1.1 of the Motor Fuel
Tax Law, and "gasohol" has the meaning given to that term in
Section 3-40 of the Use Tax Act.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the retailer's last federal
Federal income tax return. If the total receipts of the
business as reported in the federal Federal income tax return
do not agree with the gross receipts reported to the
Department of Revenue for the same period, the retailer shall
attach to his annual return a schedule showing a
reconciliation of the 2 amounts and the reasons for the
difference. The retailer's annual return to the Department
shall also disclose the cost of goods sold by the retailer
during the year covered by such return, opening and closing
inventories of such goods for such year, costs of goods used
from stock or taken from stock and given away by the retailer
during such year, payroll information of the retailer's
business during such year and any additional reasonable
information which the Department deems would be helpful in
determining the accuracy of the monthly, quarterly, or annual
returns filed by such retailer as provided for in this
Section.
    If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be liable
as follows:
        (i) Until January 1, 1994, the taxpayer shall be
    liable for a penalty equal to 1/6 of 1% of the tax due from
    such taxpayer under this Act during the period to be
    covered by the annual return for each month or fraction of
    a month until such return is filed as required, the
    penalty to be assessed and collected in the same manner as
    any other penalty provided for in this Act.
        (ii) On and after January 1, 1994, the taxpayer shall
    be liable for a penalty as described in Section 3-4 of the
    Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner, or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person who
willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and punished
accordingly. The annual return form prescribed by the
Department shall include a warning that the person signing the
return may be liable for perjury.
    The provisions of this Section concerning the filing of an
annual information return do not apply to a retailer who is not
required to file an income tax return with the United States
Government.
    As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
    Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
    For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to
such sales, if the retailers who are affected do not make
written objection to the Department to this arrangement.
    Any person who promotes, organizes, or provides retail
selling space for concessionaires or other types of sellers at
the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets, and similar exhibitions
or events, including any transient merchant as defined by
Section 2 of the Transient Merchant Act of 1987, is required to
file a report with the Department providing the name of the
merchant's business, the name of the person or persons engaged
in merchant's business, the permanent address and Illinois
Retailers Occupation Tax Registration Number of the merchant,
the dates and location of the event, and other reasonable
information that the Department may require. The report must
be filed not later than the 20th day of the month next
following the month during which the event with retail sales
was held. Any person who fails to file a report required by
this Section commits a business offense and is subject to a
fine not to exceed $250.
    Any person engaged in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the Illinois State Fair, county fairs, art shows,
flea markets, and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily report of
the amount of such sales to the Department and to make a daily
payment of the full amount of tax due. The Department shall
impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence
that a substantial number of concessionaires or other sellers
who are not residents of Illinois will be engaging in the
business of selling tangible personal property at retail at
the exhibition or event, or other evidence of a significant
risk of loss of revenue to the State. The Department shall
notify concessionaires and other sellers affected by the
imposition of this requirement. In the absence of notification
by the Department, the concessionaires and other sellers shall
file their returns as otherwise required in this Section.
(Source: P.A. 102-634, eff. 8-27-21; 102-700, Article 60,
Section 60-30, eff. 4-19-22; 102-700, Article 65, Section
65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff.
1-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363,
eff. 7-28-23; revised 9-27-23.)
 
    Section 210. The Cigarette Tax Act is amended by changing
Section 2 as follows:
 
    (35 ILCS 130/2)  (from Ch. 120, par. 453.2)
    Sec. 2. Tax imposed; rate; collection, payment, and
distribution; discount.
    (a) Beginning on July 1, 2019, in place of the aggregate
tax rate of 99 mills previously imposed by this Act, a tax is
imposed upon any person engaged in business as a retailer of
cigarettes at the rate of 149 mills per cigarette sold or
otherwise disposed of in the course of such business in this
State.
    (b) The payment of such taxes shall be evidenced by a stamp
affixed to each original package of cigarettes, or an
authorized substitute for such stamp imprinted on each
original package of such cigarettes underneath the sealed
transparent outside wrapper of such original package, as
hereinafter provided. However, such taxes are not imposed upon
any activity in such business in interstate commerce or
otherwise, which activity may not under the Constitution and
statutes of the United States be made the subject of taxation
by this State.
    Out of the 149 mills per cigarette tax imposed by
subsection (a), until July 1, 2023, the revenues received from
4 mills shall be paid into the Common School Fund each month,
not to exceed $9,000,000 per month. Out of the 149 mills per
cigarette tax imposed by subsection (a), until July 1, 2023,
all of the revenues received from 7 mills shall be paid into
the Common School Fund each month. Out of the 149 mills per
cigarette tax imposed by subsection (a), until July 1, 2023,
50 mills per cigarette each month shall be paid into the
Healthcare Provider Relief Fund.
    Beginning on July 1, 2006 and until July 1, 2023, all of
the moneys received by the Department of Revenue pursuant to
this Act and the Cigarette Use Tax Act, other than the moneys
that are dedicated to the Common School Fund and, beginning on
June 14, 2012 (the effective date of Public Act 97-688) this
amendatory Act of the 97th General Assembly, other than the
moneys from the additional taxes imposed by Public Act 97-688
this amendatory Act of the 97th General Assembly that must be
paid each month into the Healthcare Provider Relief Fund, and
other than the moneys from the additional taxes imposed by
Public Act 101-31 this amendatory Act of the 101st General
Assembly that must be paid each month under subsection (c),
shall be distributed each month as follows: first, there shall
be paid into the General Revenue Fund an amount that, when
added to the amount paid into the Common School Fund for that
month, equals $29,200,000; then, from the moneys remaining, if
any amounts required to be paid into the General Revenue Fund
in previous months remain unpaid, those amounts shall be paid
into the General Revenue Fund; then from the moneys remaining,
$5,000,000 per month shall be paid into the School
Infrastructure Fund; then, if any amounts required to be paid
into the School Infrastructure Fund in previous months remain
unpaid, those amounts shall be paid into the School
Infrastructure Fund; then the moneys remaining, if any, shall
be paid into the Long-Term Care Provider Fund. Any amounts
required to be paid into the General Revenue Fund, the School
Infrastructure Fund, the Long-Term Care Provider Fund, the
Common School Fund, the Capital Projects Fund, or the
Healthcare Provider Relief Fund under this subsection that
remain unpaid as of July 1, 2023 shall be deemed satisfied on
that date, eliminating any deficiency accrued through that
date.
    (c) Beginning on July 1, 2019 and until July 1, 2023, all
of the moneys from the additional taxes imposed by Public Act
101-31, except for moneys received from the tax on electronic
cigarettes, received by the Department of Revenue pursuant to
this Act, the Cigarette Use Tax Act, and the Tobacco Products
Tax Act of 1995 shall be distributed each month into the
Capital Projects Fund.
    (c-5) Beginning on July 1, 2023, all of the moneys
received by the Department of Revenue pursuant to (i) this
Act, (ii) the Cigarette Use Tax Act, and (iii) the tax imposed
on little cigars under Section 10-10 of the Tobacco Products
Tax Act of 1995 shall be paid each month as follows:
        (1) 7% into the Common School Fund;
        (2) 34% into the Healthcare Provider Relief Fund;
        (3) 34% into the Capital Projects Fund; and
        (4) 25% into the General Revenue Fund.
    (d) Until July 1, 2023, except for moneys received from
the additional taxes imposed by Public Act 101-31, moneys
collected from the tax imposed on little cigars under Section
10-10 of the Tobacco Products Tax Act of 1995 shall be included
with the moneys collected under the Cigarette Tax Act and the
Cigarette Use Tax Act when making distributions to the Common
School Fund, the Healthcare Provider Relief Fund, the General
Revenue Fund, the School Infrastructure Fund, and the
Long-Term Care Provider Fund under this Section. Any amounts,
including moneys collected from the tax imposed on little
cigars under Section 10-10 of the Tobacco Products Tax Act of
1995, that are required to be paid into the General Revenue
Fund, the School Infrastructure Fund, the Long-Term Care
Provider Fund, the Common School Fund, the Capital Projects
Fund, or the Healthcare Provider Relief Fund under subsection
(b) that remain unpaid as of July 1, 2023 shall be deemed
satisfied on that date, eliminating any deficiency accrued
through that date. Beginning on July 1, 2023, moneys collected
from the tax imposed on little cigars under Section 10-10 of
the Tobacco Products Tax Act of 1995 shall be included with the
moneys collected under the Cigarette Tax Act and the Cigarette
Use Tax Act when making distributions under subsection
subsections (c-5).
    (e) If the tax imposed herein terminates or has
terminated, distributors who have bought stamps while such tax
was in effect and who therefore paid such tax, but who can
show, to the Department's satisfaction, that they sold the
cigarettes to which they affixed such stamps after such tax
had terminated and did not recover the tax or its equivalent
from purchasers, shall be allowed by the Department to take
credit for such absorbed tax against subsequent tax stamp
purchases from the Department by such distributor.
    (f) The impact of the tax levied by this Act is imposed
upon the retailer and shall be prepaid or pre-collected by the
distributor for the purpose of convenience and facility only,
and the amount of the tax shall be added to the price of the
cigarettes sold by such distributor. Collection of the tax
shall be evidenced by a stamp or stamps affixed to each
original package of cigarettes, as hereinafter provided. Any
distributor who purchases stamps may credit any excess
payments verified by the Department against amounts
subsequently due for the purchase of additional stamps, until
such time as no excess payment remains.
    (g) Each distributor shall collect the tax from the
retailer at or before the time of the sale, shall affix the
stamps as hereinafter required, and shall remit the tax
collected from retailers to the Department, as hereinafter
provided. Any distributor who fails to properly collect and
pay the tax imposed by this Act shall be liable for the tax.
    (h) Any distributor having cigarettes in his or her
possession on July 1, 2019 to which tax stamps have been
affixed, and any distributor having stamps in his or her
possession on July 1, 2019 that have not been affixed to
packages of cigarettes before July 1, 2019, is required to pay
the additional tax that begins on July 1, 2019 imposed by
Public Act 101-31 this amendatory Act of the 101st General
Assembly to the extent that the volume of affixed and
unaffixed stamps in the distributor's possession on July 1,
2019 exceeds the average monthly volume of cigarette stamps
purchased by the distributor in calendar year 2018. This
payment, less the discount provided in subsection (l), is due
when the distributor first makes a purchase of cigarette
stamps on or after July 1, 2019 or on the first due date of a
return under this Act occurring on or after July 1, 2019,
whichever occurs first. Those distributors may elect to pay
the additional tax on packages of cigarettes to which stamps
have been affixed and on any stamps in the distributor's
possession that have not been affixed to packages of
cigarettes in their possession on July 1, 2019 over a period
not to exceed 12 months from the due date of the additional tax
by notifying the Department in writing. The first payment for
distributors making such election is due when the distributor
first makes a purchase of cigarette tax stamps on or after July
1, 2019 or on the first due date of a return under this Act
occurring on or after July 1, 2019, whichever occurs first.
Distributors making such an election are not entitled to take
the discount provided in subsection (l) on such payments.
    (i) Any retailer having cigarettes in its possession on
July 1, 2019 to which tax stamps have been affixed is not
required to pay the additional tax that begins on July 1, 2019
imposed by Public Act 101-31 this amendatory Act of the 101st
General Assembly on those stamped cigarettes.
    (j) Distributors making sales of cigarettes to secondary
distributors shall add the amount of the tax to the price of
the cigarettes sold by the distributors. Secondary
distributors making sales of cigarettes to retailers shall
include the amount of the tax in the price of the cigarettes
sold to retailers. The amount of tax shall not be less than the
amount of taxes imposed by the State and all local
jurisdictions. The amount of local taxes shall be calculated
based on the location of the retailer's place of business
shown on the retailer's certificate of registration or
sub-registration issued to the retailer pursuant to Section 2a
of the Retailers' Occupation Tax Act. The original packages of
cigarettes sold to the retailer shall bear all the required
stamps, or other indicia, for the taxes included in the price
of cigarettes.
    (k) The amount of the Cigarette Tax imposed by this Act
shall be separately stated, apart from the price of the goods,
by distributors, manufacturer representatives, secondary
distributors, and retailers, in all bills and sales invoices.
    (l) The distributor shall be required to collect the tax
provided under subsection (a) paragraph (a) hereof, and, to
cover the costs of such collection, shall be allowed a
discount during any year commencing July 1st and ending the
following June 30th in accordance with the schedule set out
hereinbelow, which discount shall be allowed at the time of
purchase of the stamps when purchase is required by this Act,
or at the time when the tax is remitted to the Department
without the purchase of stamps from the Department when that
method of paying the tax is required or authorized by this Act.
    On and after December 1, 1985, a discount equal to 1.75% of
the amount of the tax payable under this Act up to and
including the first $3,000,000 paid hereunder by such
distributor to the Department during any such year and 1.5% of
the amount of any additional tax paid hereunder by such
distributor to the Department during any such year shall
apply.
    Two or more distributors that use a common means of
affixing revenue tax stamps or that are owned or controlled by
the same interests shall be treated as a single distributor
for the purpose of computing the discount.
    (m) The taxes herein imposed are in addition to all other
occupation or privilege taxes imposed by the State of
Illinois, or by any political subdivision thereof, or by any
municipal corporation.
(Source: P.A. 103-9, eff. 6-7-23; revised 9-28-23.)
 
    Section 215. The Uniform Penalty and Interest Act is
amended by changing Section 3-3 as follows:
 
    (35 ILCS 735/3-3)  (from Ch. 120, par. 2603-3)
    Sec. 3-3. Penalty for failure to file or pay.
    (a) This subsection (a) is applicable before January 1,
1996. A penalty of 5% of the tax required to be shown due on a
return shall be imposed for failure to file the tax return on
or before the due date prescribed for filing determined with
regard for any extension of time for filing (penalty for late
filing or nonfiling). If any unprocessable return is corrected
and filed within 21 days after notice by the Department, the
late filing or nonfiling penalty shall not apply. If a penalty
for late filing or nonfiling is imposed in addition to a
penalty for late payment, the total penalty due shall be the
sum of the late filing penalty and the applicable late payment
penalty. Beginning on August 18, 1995 (the effective date of
Public Act 89-379) this amendatory Act of 1995, in the case of
any type of tax return required to be filed more frequently
than annually, when the failure to file the tax return on or
before the date prescribed for filing (including any
extensions) is shown to be nonfraudulent and has not occurred
in the 2 years immediately preceding the failure to file on the
prescribed due date, the penalty imposed by Section 3-3(a)
shall be abated.
    (a-5) This subsection (a-5) is applicable to returns due
on and after January 1, 1996 and on or before December 31,
2000. A penalty equal to 2% of the tax required to be shown due
on a return, up to a maximum amount of $250, determined without
regard to any part of the tax that is paid on time or by any
credit that was properly allowable on the date the return was
required to be filed, shall be imposed for failure to file the
tax return on or before the due date prescribed for filing
determined with regard for any extension of time for filing.
However, if any return is not filed within 30 days after notice
of nonfiling mailed by the Department to the last known
address of the taxpayer contained in Department records, an
additional penalty amount shall be imposed equal to the
greater of $250 or 2% of the tax shown on the return. However,
the additional penalty amount may not exceed $5,000 and is
determined without regard to any part of the tax that is paid
on time or by any credit that was properly allowable on the
date the return was required to be filed (penalty for late
filing or nonfiling). If any unprocessable return is corrected
and filed within 30 days after notice by the Department, the
late filing or nonfiling penalty shall not apply. If a penalty
for late filing or nonfiling is imposed in addition to a
penalty for late payment, the total penalty due shall be the
sum of the late filing penalty and the applicable late payment
penalty. In the case of any type of tax return required to be
filed more frequently than annually, when the failure to file
the tax return on or before the date prescribed for filing
(including any extensions) is shown to be nonfraudulent and
has not occurred in the 2 years immediately preceding the
failure to file on the prescribed due date, the penalty
imposed by Section 3-3(a-5) shall be abated.
    (a-10) This subsection (a-10) is applicable to returns due
on and after January 1, 2001. A penalty equal to 2% of the tax
required to be shown due on a return, up to a maximum amount of
$250, reduced by any tax that is paid on time or by any credit
that was properly allowable on the date the return was
required to be filed, shall be imposed for failure to file the
tax return on or before the due date prescribed for filing
determined with regard for any extension of time for filing.
However, if any return is not filed within 30 days after notice
of nonfiling mailed by the Department to the last known
address of the taxpayer contained in Department records, an
additional penalty amount shall be imposed equal to the
greater of $250 or 2% of the tax shown on the return. However,
the additional penalty amount may not exceed $5,000 and is
determined without regard to any part of the tax that is paid
on time or by any credit that was properly allowable on the
date the return was required to be filed (penalty for late
filing or nonfiling). If any unprocessable return is corrected
and filed within 30 days after notice by the Department, the
late filing or nonfiling penalty shall not apply. If a penalty
for late filing or nonfiling is imposed in addition to a
penalty for late payment, the total penalty due shall be the
sum of the late filing penalty and the applicable late payment
penalty. In the case of any type of tax return required to be
filed more frequently than annually, when the failure to file
the tax return on or before the date prescribed for filing
(including any extensions) is shown to be nonfraudulent and
has not occurred in the 2 years immediately preceding the
failure to file on the prescribed due date, the penalty
imposed by this subsection (a-10) shall be abated. This
subsection (a-10) does not apply to transaction reporting
returns required by Section 3 of the Retailers' Occupation Tax
Act and Section 9 of the Use Tax Act that would not, when
properly prepared and filed, result in the imposition of a
tax; however, those returns are subject to the penalty set
forth in subsection (a-15).
    (a-15) A penalty of $100 shall be imposed for failure to
file a transaction reporting return required by Section 3 of
the Retailers' Occupation Tax Act and Section 9 of the Use Tax
Act on or before the date a return is required to be filed;
provided, however, that this penalty shall be imposed only if
the return when properly prepared and filed would not result
in the imposition of a tax. If such a transaction reporting
return would result in the imposition of a tax when properly
prepared and filed, then that return is subject to the
provisions of subsection (a-10).
    (b) This subsection is applicable before January 1, 1998.
A penalty of 15% of the tax shown on the return or the tax
required to be shown due on the return shall be imposed for
failure to pay:
        (1) the tax shown due on the return on or before the
    due date prescribed for payment of that tax, an amount of
    underpayment of estimated tax, or an amount that is
    reported in an amended return other than an amended return
    timely filed as required by subsection (b) of Section 506
    of the Illinois Income Tax Act (penalty for late payment
    or nonpayment of admitted liability); or
        (2) the full amount of any tax required to be shown due
    on a return and which is not shown (penalty for late
    payment or nonpayment of additional liability), within 30
    days after a notice of arithmetic error, notice and
    demand, or a final assessment is issued by the Department.
    In the case of a final assessment arising following a
    protest and hearing, the 30-day period shall not begin
    until all proceedings in court for review of the final
    assessment have terminated or the period for obtaining a
    review has expired without proceedings for a review having
    been instituted. In the case of a notice of tax liability
    that becomes a final assessment without a protest and
    hearing, the penalty provided in this paragraph (2) shall
    be imposed at the expiration of the period provided for
    the filing of a protest.
    (b-5) This subsection is applicable to returns due on and
after January 1, 1998 and on or before December 31, 2000. A
penalty of 20% of the tax shown on the return or the tax
required to be shown due on the return shall be imposed for
failure to pay:
        (1) the tax shown due on the return on or before the
    due date prescribed for payment of that tax, an amount of
    underpayment of estimated tax, or an amount that is
    reported in an amended return other than an amended return
    timely filed as required by subsection (b) of Section 506
    of the Illinois Income Tax Act (penalty for late payment
    or nonpayment of admitted liability); or
        (2) the full amount of any tax required to be shown due
    on a return and which is not shown (penalty for late
    payment or nonpayment of additional liability), within 30
    days after a notice of arithmetic error, notice and
    demand, or a final assessment is issued by the Department.
    In the case of a final assessment arising following a
    protest and hearing, the 30-day period shall not begin
    until all proceedings in court for review of the final
    assessment have terminated or the period for obtaining a
    review has expired without proceedings for a review having
    been instituted. In the case of a notice of tax liability
    that becomes a final assessment without a protest and
    hearing, the penalty provided in this paragraph (2) shall
    be imposed at the expiration of the period provided for
    the filing of a protest.
    (b-10) This subsection (b-10) is applicable to returns due
on and after January 1, 2001 and on or before December 31,
2003. A penalty shall be imposed for failure to pay:
        (1) the tax shown due on a return on or before the due
    date prescribed for payment of that tax, an amount of
    underpayment of estimated tax, or an amount that is
    reported in an amended return other than an amended return
    timely filed as required by subsection (b) of Section 506
    of the Illinois Income Tax Act (penalty for late payment
    or nonpayment of admitted liability). The amount of
    penalty imposed under this subsection (b-10)(1) shall be
    2% of any amount that is paid no later than 30 days after
    the due date, 5% of any amount that is paid later than 30
    days after the due date and not later than 90 days after
    the due date, 10% of any amount that is paid later than 90
    days after the due date and not later than 180 days after
    the due date, and 15% of any amount that is paid later than
    180 days after the due date. If notice and demand is made
    for the payment of any amount of tax due and if the amount
    due is paid within 30 days after the date of the notice and
    demand, then the penalty for late payment or nonpayment of
    admitted liability under this subsection (b-10)(1) on the
    amount so paid shall not accrue for the period after the
    date of the notice and demand.
        (2) the full amount of any tax required to be shown due
    on a return and that is not shown (penalty for late payment
    or nonpayment of additional liability), within 30 days
    after a notice of arithmetic error, notice and demand, or
    a final assessment is issued by the Department. In the
    case of a final assessment arising following a protest and
    hearing, the 30-day period shall not begin until all
    proceedings in court for review of the final assessment
    have terminated or the period for obtaining a review has
    expired without proceedings for a review having been
    instituted. The amount of penalty imposed under this
    subsection (b-10)(2) shall be 20% of any amount that is
    not paid within the 30-day period. In the case of a notice
    of tax liability that becomes a final assessment without a
    protest and hearing, the penalty provided in this
    subsection (b-10)(2) shall be imposed at the expiration of
    the period provided for the filing of a protest.
    (b-15) This subsection (b-15) is applicable to returns due
on and after January 1, 2004 and on or before December 31,
2004. A penalty shall be imposed for failure to pay the tax
shown due or required to be shown due on a return on or before
the due date prescribed for payment of that tax, an amount of
underpayment of estimated tax, or an amount that is reported
in an amended return other than an amended return timely filed
as required by subsection (b) of Section 506 of the Illinois
Income Tax Act (penalty for late payment or nonpayment of
admitted liability). The amount of penalty imposed under this
subsection (b-15)(1) shall be 2% of any amount that is paid no
later than 30 days after the due date, 10% of any amount that
is paid later than 30 days after the due date and not later
than 90 days after the due date, 15% of any amount that is paid
later than 90 days after the due date and not later than 180
days after the due date, and 20% of any amount that is paid
later than 180 days after the due date. If notice and demand is
made for the payment of any amount of tax due and if the amount
due is paid within 30 days after the date of this notice and
demand, then the penalty for late payment or nonpayment of
admitted liability under this subsection (b-15)(1) on the
amount so paid shall not accrue for the period after the date
of the notice and demand.
    (b-20) This subsection (b-20) is applicable to returns due
on and after January 1, 2005 and before January 1, 2024.
        (1) A penalty shall be imposed for failure to pay,
    prior to the due date for payment, any amount of tax the
    payment of which is required to be made prior to the filing
    of a return or without a return (penalty for late payment
    or nonpayment of estimated or accelerated tax). The amount
    of penalty imposed under this paragraph (1) shall be 2% of
    any amount that is paid no later than 30 days after the due
    date and 10% of any amount that is paid later than 30 days
    after the due date.
        (2) A penalty shall be imposed for failure to pay the
    tax shown due or required to be shown due on a return on or
    before the due date prescribed for payment of that tax or
    an amount that is reported in an amended return other than
    an amended return timely filed as required by subsection
    (b) of Section 506 of the Illinois Income Tax Act (penalty
    for late payment or nonpayment of tax). The amount of
    penalty imposed under this paragraph (2) shall be 2% of
    any amount that is paid no later than 30 days after the due
    date, 10% of any amount that is paid later than 30 days
    after the due date and prior to the date the Department has
    initiated an audit or investigation of the taxpayer, and
    20% of any amount that is paid after the date the
    Department has initiated an audit or investigation of the
    taxpayer; provided that the penalty shall be reduced to
    15% if the entire amount due is paid not later than 30 days
    after the Department has provided the taxpayer with an
    amended return (following completion of an occupation,
    use, or excise tax audit) or a form for waiver of
    restrictions on assessment (following completion of an
    income tax audit); provided further that the reduction to
    15% shall be rescinded if the taxpayer makes any claim for
    refund or credit of the tax, penalties, or interest
    determined to be due upon audit, except in the case of a
    claim filed pursuant to subsection (b) of Section 506 of
    the Illinois Income Tax Act or to claim a carryover of a
    loss or credit, the availability of which was not
    determined in the audit. For purposes of this paragraph
    (2), any overpayment reported on an original return that
    has been allowed as a refund or credit to the taxpayer
    shall be deemed to have not been paid on or before the due
    date for payment and any amount paid under protest
    pursuant to the provisions of the State Officers and
    Employees Money Disposition Act shall be deemed to have
    been paid after the Department has initiated an audit and
    more than 30 days after the Department has provided the
    taxpayer with an amended return (following completion of
    an occupation, use, or excise tax audit) or a form for
    waiver of restrictions on assessment (following completion
    of an income tax audit).
        (3) The penalty imposed under this subsection (b-20)
    shall be deemed assessed at the time the tax upon which the
    penalty is computed is assessed, except that, if the
    reduction of the penalty imposed under paragraph (2) of
    this subsection (b-20) to 15% is rescinded because a claim
    for refund or credit has been filed, the increase in
    penalty shall be deemed assessed at the time the claim for
    refund or credit is filed.
    (b-25) This subsection (b-25) is applicable to returns due
on or after January 1, 2024.
        (1) A penalty shall be imposed for failure to pay,
    prior to the due date for payment, any amount of tax the
    payment of which is required to be made prior to the filing
    of a return or without a return (penalty for late payment
    or nonpayment of estimated or accelerated tax). The amount
    of penalty imposed under this paragraph (1) shall be 2% of
    any amount that is paid no later than 30 days after the due
    date and 10% of any amount that is paid later than 30 days
    after the due date.
        (2) A penalty shall be imposed for failure to pay the
    tax shown due or required to be shown due on a return on or
    before the due date prescribed for payment of that tax
    (penalty for late payment or nonpayment of tax). The
    amount of penalty imposed under this paragraph (2) shall
    be 2% of any amount that is paid no later than 30 days
    after the due date, 10% of any amount that is paid later
    than 30 days after the due date and prior to the date the
    Department initiates an audit or investigation of the
    taxpayer, and 20% of any amount that is paid after the date
    the Department initiates an audit or investigation of the
    taxpayer; provided that the penalty shall be reduced to
    15% if the entire amount due is paid not later than 30 days
    after the Department provides the taxpayer with an amended
    return (following completion of an occupation, use, or
    excise tax audit) or a form for waiver of restrictions on
    assessment (following completion of an income tax audit);
    provided further that the reduction to 15% shall be
    rescinded if the taxpayer makes any claim for refund or
    credit of the tax, penalties, or interest determined to be
    due upon audit, except in the case of a claim filed
    pursuant to subsection (b) of Section 506 of the Illinois
    Income Tax Act or to claim a carryover of a loss or credit,
    the availability of which was not determined in the audit.
    For purposes of this paragraph (2):
            (A) any overpayment reported on an original return
        that has been allowed as a refund or credit to the
        taxpayer shall be deemed to have not been paid on or
        before the due date for payment;
            (B) any amount paid under protest pursuant to the
        provisions of the State Officers and Employees Money
        Disposition Act shall be deemed to have been paid
        after the Department has initiated an audit and more
        than 30 days after the Department has provided the
        taxpayer with an amended return (following completion
        of an occupation, use, or excise tax audit) or a form
        for waiver of restrictions on assessment (following
        completion of an income tax audit); and
            (C) any liability resulting from a federal change
        required to be reported under subsection (b) of
        Section 506 of the Illinois Income Tax Act that is
        reported and paid no later than the due date for filing
        the federal change amended return shall be deemed to
        have been paid on or before the due date prescribed for
        payment.
        (3) The penalty imposed under this subsection (b-25)
    shall be deemed assessed at the time the tax upon which the
    penalty is computed is assessed, except that, if the
    reduction of the penalty imposed under paragraph (2) of
    this subsection (b-25) to 15% is rescinded because a claim
    for refund or credit has been filed, the increase in
    penalty shall be deemed assessed at the time the claim for
    refund or credit is filed.
    (c) For purposes of the late payment penalties, the basis
of the penalty shall be the tax shown or required to be shown
on a return, whichever is applicable, reduced by any part of
the tax which is paid on time and by any credit which was
properly allowable on the date the return was required to be
filed.
    (d) A penalty shall be applied to the tax required to be
shown even if that amount is less than the tax shown on the
return.
    (e) This subsection (e) is applicable to returns due
before January 1, 2001. If both a subsection (b)(1) or
(b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty
are assessed against the same return, the subsection (b)(2) or
(b-5)(2) penalty shall be assessed against only the additional
tax found to be due.
    (e-5) This subsection (e-5) is applicable to returns due
on and after January 1, 2001. If both a subsection (b-10)(1)
penalty and a subsection (b-10)(2) penalty are assessed
against the same return, the subsection (b-10)(2) penalty
shall be assessed against only the additional tax found to be
due.
    (f) If the taxpayer has failed to file the return, the
Department shall determine the correct tax according to its
best judgment and information, which amount shall be prima
facie evidence of the correctness of the tax due.
    (g) The time within which to file a return or pay an amount
of tax due without imposition of a penalty does not extend the
time within which to file a protest to a notice of tax
liability or a notice of deficiency.
    (h) No return shall be determined to be unprocessable
because of the omission of any information requested on the
return pursuant to Section 2505-575 of the Department of
Revenue Law (20 ILCS 2505/2505-575).
    (i) If a taxpayer has a tax liability for the taxable
period ending after June 30, 1983 and prior to July 1, 2002
that is eligible for amnesty under the Tax Delinquency Amnesty
Act and the taxpayer fails to satisfy the tax liability during
the amnesty period provided for in that Act for that taxable
period, then the penalty imposed by the Department under this
Section shall be imposed in an amount that is 200% of the
amount that would otherwise be imposed under this Section.
    (j) If a taxpayer has a tax liability for the taxable
period ending after June 30, 2002 and prior to July 1, 2009
that is eligible for amnesty under the Tax Delinquency Amnesty
Act, except for any tax liability reported pursuant to Section
506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that
is not final, and the taxpayer fails to satisfy the tax
liability during the amnesty period provided for in that Act
for that taxable period, then the penalty imposed by the
Department under this Section shall be imposed in an amount
that is 200% of the amount that would otherwise be imposed
under this Section.
(Source: P.A. 103-98, eff. 1-1-24; revised 1-2-24.)
 
    Section 220. The Illinois Independent Tax Tribunal Act of
2012 is amended by changing Section 1-60 as follows:
 
    (35 ILCS 1010/1-60)
    Sec. 1-60. Discovery and stipulation.
    (a) The parties to the proceeding shall comply with the
Supreme Court Rules for Civil Proceedings in the Trial Court
regarding Discovery, Requests for Admission, and Pre-Trial
Procedure.
    (b) An A administrative law judge or the clerk of the Tax
Tribunal, on the request of any party to the proceeding, shall
issue subpoenas requiring the attendance of witnesses and
giving of testimony and subpoenas duces tecum requiring the
production of evidence or things.
    (c) Any employee of the Tax Tribunal designated in writing
for that purpose by the Chief Administrative Law Judge may
administer oaths.
    (d) The Tax Tribunal may enforce its order on discovery
and other procedural issues, among other means, by deciding
issues wholly or partly against the offending party.
(Source: P.A. 97-1129, eff. 8-28-12; revised 9-21-23.)
 
    Section 225. The Illinois Pension Code is amended by
changing Sections 15-198 and 16-127 as follows:
 
    (40 ILCS 5/15-198)
    Sec. 15-198. Application and expiration of new benefit
increases.
    (a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
100-23, Public Act 100-587, Public Act 100-769, Public Act
101-10, Public Act 101-610, Public Act 102-16, Public Act
103-80, or Public Act 103-548 or this amendatory Act of the
103rd General Assembly.
    (b) Notwithstanding any other provision of this Code or
any subsequent amendment to this Code, every new benefit
increase is subject to this Section and shall be deemed to be
granted only in conformance with and contingent upon
compliance with the provisions of this Section.
    (c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
    Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of
the Department of Insurance. A new benefit increase created by
a Public Act that does not include the additional funding
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is
or has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.
    (d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
    (e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including, without limitation, a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;
103-548, eff. 8-11-23; revised 8-31-23.)
 
    (40 ILCS 5/16-127)  (from Ch. 108 1/2, par. 16-127)
    Sec. 16-127. Computation of creditable service.
    (a) Each member shall receive regular credit for all
service as a teacher from the date membership begins, for
which satisfactory evidence is supplied and all contributions
have been paid.
    (b) The following periods of service shall earn optional
credit and each member shall receive credit for all such
service for which satisfactory evidence is supplied and all
contributions have been paid as of the date specified:
        (1) Prior service as a teacher.
        (2) Service in a capacity essentially similar or
    equivalent to that of a teacher, in the public common
    schools in school districts in this State not included
    within the provisions of this System, or of any other
    State, territory, dependency or possession of the United
    States, or in schools operated by or under the auspices of
    the United States, or under the auspices of any agency or
    department of any other State, and service during any
    period of professional speech correction or special
    education experience for a public agency within this State
    or any other State, territory, dependency or possession of
    the United States, and service prior to February 1, 1951
    as a recreation worker for the Illinois Department of
    Public Safety, for a period not exceeding the lesser of
    2/5 of the total creditable service of the member or 10
    years. The maximum service of 10 years which is allowable
    under this paragraph shall be reduced by the service
    credit which is validated by other retirement systems
    under paragraph (i) of Section 15-113 and paragraph 1 of
    Section 17-133. Credit granted under this paragraph may
    not be used in determination of a retirement annuity or
    disability benefits unless the member has at least 5 years
    of creditable service earned subsequent to this employment
    with one or more of the following systems: Teachers'
    Retirement System of the State of Illinois, State
    Universities Retirement System, and the Public School
    Teachers' Pension and Retirement Fund of Chicago. Whenever
    such service credit exceeds the maximum allowed for all
    purposes of this Article, the first service rendered in
    point of time shall be considered. The changes to this
    paragraph subdivision (b)(2) made by Public Act 86-272
    shall apply not only to persons who on or after its
    effective date (August 23, 1989) are in service as a
    teacher under the System, but also to persons whose status
    as such a teacher terminated prior to such effective date,
    whether or not such person is an annuitant on that date.
        (3) Any periods immediately following teaching
    service, under this System or under Article 17, (or
    immediately following service prior to February 1, 1951 as
    a recreation worker for the Illinois Department of Public
    Safety) spent in active service with the military forces
    of the United States; periods spent in educational
    programs that prepare for return to teaching sponsored by
    the federal government following such active military
    service; if a teacher returns to teaching service within
    one calendar year after discharge or after the completion
    of the educational program, a further period, not
    exceeding one calendar year, between time spent in
    military service or in such educational programs and the
    return to employment as a teacher under this System; and a
    period of up to 2 years of active military service not
    immediately following employment as a teacher.
        The changes to this Section and Section 16-128
    relating to military service made by Public Act P.A.
    87-794 shall apply not only to persons who on or after its
    effective date are in service as a teacher under the
    System, but also to persons whose status as a teacher
    terminated prior to that date, whether or not the person
    is an annuitant on that date. In the case of an annuitant
    who applies for credit allowable under this Section for a
    period of military service that did not immediately follow
    employment, and who has made the required contributions
    for such credit, the annuity shall be recalculated to
    include the additional service credit, with the increase
    taking effect on the date the System received written
    notification of the annuitant's intent to purchase the
    credit, if payment of all the required contributions is
    made within 60 days of such notice, or else on the first
    annuity payment date following the date of payment of the
    required contributions. In calculating the automatic
    annual increase for an annuity that has been recalculated
    under this Section, the increase attributable to the
    additional service allowable under Public Act P.A. 87-794
    shall be included in the calculation of automatic annual
    increases accruing after the effective date of the
    recalculation.
        Credit for military service shall be determined as
    follows: if entry occurs during the months of July,
    August, or September and the member was a teacher at the
    end of the immediately preceding school term, credit shall
    be granted from July 1 of the year in which he or she
    entered service; if entry occurs during the school term
    and the teacher was in teaching service at the beginning
    of the school term, credit shall be granted from July 1 of
    such year. In all other cases where credit for military
    service is allowed, credit shall be granted from the date
    of entry into the service.
        The total period of military service for which credit
    is granted shall not exceed 5 years for any member unless
    the service: (A) is validated before July 1, 1964, and (B)
    does not extend beyond July 1, 1963. Credit for military
    service shall be granted under this Section only if not
    more than 5 years of the military service for which credit
    is granted under this Section is used by the member to
    qualify for a military retirement allotment from any
    branch of the armed forces of the United States. The
    changes to this paragraph subdivision (b)(3) made by
    Public Act 86-272 shall apply not only to persons who on or
    after its effective date (August 23, 1989) are in service
    as a teacher under the System, but also to persons whose
    status as such a teacher terminated prior to such
    effective date, whether or not such person is an annuitant
    on that date.
        (4) Any periods served as a member of the General
    Assembly.
        (5)(i) Any periods for which a teacher, as defined in
    Section 16-106, is granted a leave of absence, provided he
    or she returns to teaching service creditable under this
    System or the State Universities Retirement System
    following the leave; (ii) periods during which a teacher
    is involuntarily laid off from teaching, provided he or
    she returns to teaching following the lay-off; (iii)
    periods prior to July 1, 1983 during which a teacher
    ceased covered employment due to pregnancy, provided that
    the teacher returned to teaching service creditable under
    this System or the State Universities Retirement System
    following the pregnancy and submits evidence satisfactory
    to the Board documenting that the employment ceased due to
    pregnancy; and (iv) periods prior to July 1, 1983 during
    which a teacher ceased covered employment for the purpose
    of adopting an infant under 3 years of age or caring for a
    newly adopted infant under 3 years of age, provided that
    the teacher returned to teaching service creditable under
    this System or the State Universities Retirement System
    following the adoption and submits evidence satisfactory
    to the Board documenting that the employment ceased for
    the purpose of adopting an infant under 3 years of age or
    caring for a newly adopted infant under 3 years of age.
    However, total credit under this paragraph (5) may not
    exceed 3 years.
        Any qualified member or annuitant may apply for credit
    under item (iii) or (iv) of this paragraph (5) without
    regard to whether service was terminated before June 27,
    1997 (the effective date of Public Act 90-32) this
    amendatory Act of 1997. In the case of an annuitant who
    establishes credit under item (iii) or (iv), the annuity
    shall be recalculated to include the additional service
    credit. The increase in annuity shall take effect on the
    date the System receives written notification of the
    annuitant's intent to purchase the credit, if the required
    evidence is submitted and the required contribution paid
    within 60 days of that notification, otherwise on the
    first annuity payment date following the System's receipt
    of the required evidence and contribution. The increase in
    an annuity recalculated under this provision shall be
    included in the calculation of automatic annual increases
    in the annuity accruing after the effective date of the
    recalculation.
        Optional credit may be purchased under this paragraph
    subsection (b)(5) for periods during which a teacher has
    been granted a leave of absence pursuant to Section 24-13
    of the School Code. A teacher whose service under this
    Article terminated prior to the effective date of Public
    Act P.A. 86-1488 shall be eligible to purchase such
    optional credit. If a teacher who purchases this optional
    credit is already receiving a retirement annuity under
    this Article, the annuity shall be recalculated as if the
    annuitant had applied for the leave of absence credit at
    the time of retirement. The difference between the
    entitled annuity and the actual annuity shall be credited
    to the purchase of the optional credit. The remainder of
    the purchase cost of the optional credit shall be paid on
    or before April 1, 1992.
        The change in this paragraph made by Public Act 86-273
    shall be applicable to teachers who retire after June 1,
    1989, as well as to teachers who are in service on that
    date.
        (6) Any days of unused and uncompensated accumulated
    sick leave earned by a teacher. The service credit granted
    under this paragraph shall be the ratio of the number of
    unused and uncompensated accumulated sick leave days to
    170 days, subject to a maximum of 2 years of service
    credit. Prior to the member's retirement, each former
    employer shall certify to the System the number of unused
    and uncompensated accumulated sick leave days credited to
    the member at the time of termination of service. The
    period of unused sick leave shall not be considered in
    determining the effective date of retirement. A member is
    not required to make contributions in order to obtain
    service credit for unused sick leave.
        Credit for sick leave shall, at retirement, be granted
    by the System for any retiring regional or assistant
    regional superintendent of schools at the rate of 6 days
    per year of creditable service or portion thereof
    established while serving as such superintendent or
    assistant superintendent.
        (7) Periods prior to February 1, 1987 served as an
    employee of the Illinois Mathematics and Science Academy
    for which credit has not been terminated under Section
    15-113.9 of this Code.
        (8) Service as a substitute teacher for work performed
    prior to July 1, 1990.
        (9) Service as a part-time teacher for work performed
    prior to July 1, 1990.
        (10) Up to 2 years of employment with Southern
    Illinois University - Carbondale from September 1, 1959 to
    August 31, 1961, or with Governors State University from
    September 1, 1972 to August 31, 1974, for which the
    teacher has no credit under Article 15. To receive credit
    under this item (10), a teacher must apply in writing to
    the Board and pay the required contributions before May 1,
    1993 and have at least 12 years of service credit under
    this Article.
        (11) Periods of service as a student teacher as
    described in Section 24-8.5 of the School Code for which
    the student teacher received a salary.
    (b-1) A member may establish optional credit for up to 2
years of service as a teacher or administrator employed by a
private school recognized by the Illinois State Board of
Education, provided that the teacher (i) was certified under
the law governing the certification of teachers at the time
the service was rendered, (ii) applies in writing on or before
June 30, 2028, (iii) supplies satisfactory evidence of the
employment, (iv) completes at least 10 years of contributing
service as a teacher as defined in Section 16-106, and (v) pays
the contribution required in subsection (d-5) of Section
16-128. The member may apply for credit under this subsection
and pay the required contribution before completing the 10
years of contributing service required under item (iv), but
the credit may not be used until the item (iv) contributing
service requirement has been met.
    (c) The service credits specified in this Section shall be
granted only if: (1) such service credits are not used for
credit in any other statutory tax-supported public employee
retirement system other than the federal Social Security
program; and (2) the member makes the required contributions
as specified in Section 16-128. Except as provided in
subsection (b-1) of this Section, the service credit shall be
effective as of the date the required contributions are
completed.
    Any service credits granted under this Section shall
terminate upon cessation of membership for any cause.
    Credit may not be granted under this Section covering any
period for which an age retirement or disability retirement
allowance has been paid.
    Credit may not be granted under this Section for service
as an employee of an entity that provides substitute teaching
services under Section 2-3.173 of the School Code and is not a
school district.
(Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23;
103-525, eff. 8-11-23; revised 9-5-23.)
 
    Section 230. The Local Government Taxpayers' Bill of
Rights Act is amended by changing Section 30 as follows:
 
    (50 ILCS 45/30)
    Sec. 30. Statute of limitations. Units of local government
have an obligation to review tax returns in a timely manner and
issue any determination of tax due as promptly as possible so
that taxpayers may make timely corrections of future returns
and minimize any interest charges applied to tax
underpayments. Each unit of local government must provide
appropriate statutes of limitation for the determination and
assessment of taxes covered by this Act, provided, however,
that a statute of limitations may not exceed the following:
        (1) No notice of determination of tax due or
    assessment may be issued more than 5 years after the end of
    the calendar year for which the return for the period was
    filed or the end of the calendar year in which the return
    for the period was due, whichever occurs later. An audit
    or review that is timely performed under Section 35 of
    this Act or Section 8-11-2.5 of the Illinois Municipal
    Code shall toll the applicable 5-year period for a period
    of not more than one 1 year.
        (2) If any tax return was not filed or if during any
    4-year period for which a notice of tax determination or
    assessment may be issued by the unit of local government
    the tax paid or remitted was less than 75% of the tax due
    for that period, the statute of limitations shall be no
    more than 6 years after the end of the calendar year in
    which the return for the period was due or the end of the
    calendar year in which the return for the period was
    filed, whichever occurs later. In the event that a unit of
    local government fails to provide a statute of
    limitations, the maximum statutory period provided in this
    Section applies.
    (3) The changes to this Section made by Public Act
102-1144 this amendatory Act of the 102nd General Assembly do
not revive any determination and assessment of tax due where
the statute of limitations has expired as of March 17, 2023
(the effective date of Public Act 102-1144) this amendatory
Act of the 102nd General Assembly, but the changes do extend
the statute of limitations for the determination and
assessment of taxes where the statute of limitation has not
expired as of March 17, 2023 (the effective date of Public Act
102-1144) this amendatory Act of the 102nd General Assembly.
    This Section does not place any limitation on a unit of
local government if a fraudulent tax return is filed.
(Source: P.A. 102-1144, eff. 3-17-23; revised 4-5-23.)
 
    Section 235. The Uniform Peace Officers' Disciplinary Act
is amended by changing Section 7.2 as follows:
 
    (50 ILCS 725/7.2)
    Sec. 7.2. Possession of a Firearm Owner's Identification
Card. An employer of an officer shall not make possession of a
Firearm Owner's Identification Card a condition of continued
employment if the officer's Firearm Owner's Identification
Card is revoked or seized because the officer has been a
patient of a mental health facility and the officer has not
been determined to pose a clear and present danger to himself,
herself, or others as determined by a physician, clinical
psychologist, or qualified examiner. Nothing in is this
Section shall otherwise impair an employer's ability to
determine an officer's fitness for duty. On and after August
17, 2018 (the effective date of Public Act 100-911) this
amendatory Act of the 100th General Assembly, Section 6 of
this Act shall not apply to the prohibition requiring a
Firearm Owner's Identification Card as a condition of
continued employment, but a collective bargaining agreement
already in effect on that issue on August 17, 2018 (the
effective date of Public Act 100-911) this amendatory Act of
the 100th General Assembly cannot be modified. The employer
shall document if and why an officer has been determined to
pose a clear and present danger.
(Source: P.A. 100-911, eff. 8-17-18; 101-375, eff. 8-16-19;
revised 4-5-23.)
 
    Section 240. The Counties Code is amended by changing
Sections 3-8002, 4-7001, 5-1022, and 5-1069.3 as follows:
 
    (55 ILCS 5/3-8002)  (from Ch. 34, par. 3-8002)
    Sec. 3-8002. Applicability and adoption. The county board
of every county having a county police department merit board
established under the "The County Police Department Act",
approved August 7, 1967, as amended (repealed), or a merit
commission for sheriff's personnel established under Section
58.1 of "An Act to revise the law in relation to counties",
approved March 31, 1874, as amended (repealed), shall adopt
and implement the merit system provided by this Division and
shall modify the merit system now in effect in that county as
may be necessary to comply with this Division.
    The county board of any county having a population of less
than 1,000,000 which does not have a merit board or merit
commission for sheriff's personnel may adopt and implement by
ordinance the merit system provided by this Division. If the
county board does not adopt such a merit system by an ordinance
and if a petition signed by not fewer than 5% or 1000,
whichever is less, of the registered electors of any such
county is filed with the county clerk requesting a referendum
on the adoption of a merit system for deputies in the office of
the Sheriff, the county board shall, by appropriate ordinance,
cause the question to be submitted to the electors of the
county, at a special or general election specified in such
ordinance, in accordance with the provisions of Section 28-3
of the "The Election Code", approved May 11, 1943, as now or
hereafter amended. Notice of the election shall be given as
provided in Article 12 of that Code such code. If a majority of
those voting on the proposition at such election vote in favor
thereof, the county board shall adopt and implement a merit
system provided in this Division. When a merit board or merit
commission for sheriff's personnel has been established in a
county, it may be abolished by the same procedure in which it
was established.
    This Division does not apply to any county having a
population of more than 1,000,000 nor to any county which has
not elected to adopt the merit system provided by this
Division and which is not required to do so under this Section.
(Source: P.A. 86-962; revised 9-25-23.)
 
    (55 ILCS 5/4-7001)
    Sec. 4-7001. Coroner's fees. The fees of the coroner's
office shall be as follows:
        1. For a copy of a transcript of sworn testimony:
    $5.00 per page.
        2. For a copy of an autopsy report (if not included in
    transcript): $50.00.
        3. For a copy of the verdict of a coroner's jury:
    $5.00.
        4. For a copy of a toxicology report: $25.00.
        5. For a print of or an electronic file containing a
    picture obtained by the coroner: actual cost or $3.00,
    whichever is greater.
        6. For each copy of miscellaneous reports, including
    artist's drawings but not including police reports: actual
    cost or $25.00, whichever is greater.
        7. For a coroner's or medical examiner's permit to
    cremate a dead human body: $100. The coroner may waive, at
    his or her discretion, the permit fee if the coroner
    determines that the person is indigent and unable to pay
    the permit fee or under other special circumstances.
        8. Except in a county with a population over
    3,000,000, on and after January 1, 2024, for a certified
    copy of a transcript of sworn testimony of a coroner's
    inquest made by written request declaring the request is
    for research or genealogy purposes: $15.00 for the entire
    transcript. A request shall be deemed a proper request for
    purpose of research or genealogy if the requested inquest
    occurred not less than 20 years prior to the date of the
    written request. The transcript shall be stamped with the
    words "FOR GENEALOGY OR RESEARCH PURPOSES ONLY".
    All of which fees shall be certified by the court; in the
case of inmates of any State charitable or penal institution,
the fees shall be paid by the operating department or
commission, out of the State Treasury. The coroner shall file
his or her claim in probate for his or her fees and he or she
shall render assistance to the State's Attorney attorney in
the collection of such fees out of the estate of the deceased.
In counties of less than 1,000,000 population, the State's
Attorney attorney shall collect such fees out of the estate of
the deceased.
    Except in a county with a population over 3,000,000, on
and after January 1, 2024, the coroner may waive, at his or her
discretion, any fees under this Section if the coroner
determines that the person is indigent and unable to pay the
fee or under other special circumstances as determined by the
coroner.
    Except as otherwise provided in this Section, whenever the
coroner is required by law to perform any of the duties of the
office of the sheriff, the coroner is entitled to the like fees
and compensation as are allowed by law to the sheriff for the
performance of similar services.
    Except as otherwise provided in this Section, whenever the
coroner of any county is required to travel in the performance
of his or her duties, he or she shall receive the same mileage
fees as are authorized for the sheriff of such county.
    All fees under this Section collected by or on behalf of
the coroner's office shall be paid over to the county
treasurer and deposited into a special account in the county
treasury. Moneys in the special account shall be used solely
for the purchase of electronic and forensic identification
equipment or other related supplies and the operating expenses
of the coroner's office.
    The changes made by Public Act 103-73 this amendatory Act
of the 103rd General Assembly do not apply retroactively.
(Source: P.A. 103-29, eff. 7-1-23; 103-73, eff. 1-1-24;
revised 12-12-23.)
 
    (55 ILCS 5/5-1022)
    Sec. 5-1022. Competitive bids.
    (a) Any purchase by a county with fewer than 2,000,000
inhabitants of services, materials, equipment or supplies in
excess of $30,000, other than professional services, shall be
contracted for in one of the following ways:
        (1) by a contract let to the lowest responsible bidder
    after advertising for bids in a newspaper published within
    the county or, if no newspaper is published within the
    county, then a newspaper having general circulation within
    the county; or
        (2) by a contract let without advertising for bids in
    the case of an emergency if authorized by the county
    board; or .
        (3) by a contract let without advertising for bids in
    the case of the expedited replacement of a disabled,
    inoperable, or damaged patrol vehicle of the sheriff's
    department if authorized by the county board.
    (b) In determining the lowest responsible bidder, the
county board shall take into consideration the qualities of
the articles supplied; their conformity with the
specifications; their suitability to the requirements of the
county; the availability of support services; the uniqueness
of the service, materials, equipment, or supplies as it
applies to networked, integrated computer systems; the
compatibility to existing equipment; and the delivery terms.
In addition, the county board may take into consideration the
bidder's active participation in an applicable apprenticeship
program registered with the United States Department of Labor.
The county board also may take into consideration whether a
bidder is a private enterprise or a State-controlled
enterprise and, notwithstanding any other provision of this
Section or a lower bid by a State-controlled enterprise, may
let a contract to the lowest responsible bidder that is a
private enterprise.
    (c) This Section does not apply to contracts by a county
with the federal government or to purchases of used equipment,
purchases at auction or similar transactions which by their
very nature are not suitable to competitive bids, pursuant to
an ordinance adopted by the county board.
    (d) Notwithstanding the provisions of this Section, a
county may let without advertising for bids in the case of
purchases and contracts, when individual orders do not exceed
$35,000, for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or
services and telecommunications and inter-connect equipment,
software, and services.
    (e) A county may require, as a condition of any contract
for goods and services, that persons awarded a contract with
the county and all affiliates of the person collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions
of the Illinois Use Tax Act regardless of whether the person or
affiliate is a "retailer maintaining a place of business
within this State" as defined in Section 2 of the Use Tax Act.
For purposes of this subsection (e), the term "affiliate"
means any entity that (1) directly, indirectly, or
constructively controls another entity, (2) is directly,
indirectly, or constructively controlled by another entity, or
(3) is subject to the control of a common entity. For purposes
of this subsection (e), an entity controls another entity if
it owns, directly or individually, more than 10% of the voting
securities of that entity. As used in this subsection (e), the
term "voting security" means a security that (1) confers upon
the holder the right to vote for the election of members of the
board of directors or similar governing body of the business
or (2) is convertible into, or entitles the holder to receive
upon its exercise, a security that confers such a right to
vote. A general partnership interest is a voting security.
    (f) Bids submitted to, and contracts executed by, the
county may require a certification by the bidder or contractor
that the bidder or contractor is not barred from bidding for or
entering into a contract under this Section and that the
bidder or contractor acknowledges that the county may declare
the contract void if the certification completed pursuant to
this subsection (f) is false.
(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;
revised 12-12-23.)
 
    (55 ILCS 5/5-1069.3)
    Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes
of providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53,
356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and
356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the
Illinois Insurance Code. The coverage shall comply with
Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
Insurance Code. The Department of Insurance shall enforce the
requirements of this Section. The requirement that health
benefits be covered as provided in this Section is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule county to which this
Section applies must comply with every provision of this
Section.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
8-29-23.)
 
    Section 245. The Illinois Municipal Code is amended by
changing Sections 8-4-1 and 10-4-2.3 as follows:
 
    (65 ILCS 5/8-4-1)  (from Ch. 24, par. 8-4-1)
    Sec. 8-4-1. No bonds shall be issued by the corporate
authorities of any municipality until the question of
authorizing such bonds has been submitted to the electors of
that municipality provided that notice of the bond referendum,
if held before July 1, 1999, has been given in accordance with
the provisions of Section 12-5 of the Election Code in effect
at the time of the bond referendum, at least 10 and not more
than 45 days before the date of the election, notwithstanding
the time for publication otherwise imposed by Section 12-5,
and approved by a majority of the electors voting upon that
question. Notices required in connection with the submission
of public questions on or after July 1, 1999 shall be as set
forth in Section 12-5 of the Election Code. The clerk shall
certify the proposition of the corporate authorities to the
proper election authority who shall submit the question at an
election in accordance with the general election law, subject
to the notice provisions set forth in this Section.
    Notice of any such election shall contain the amount of
the bond issue, purpose for which issued, and maximum rate of
interest.
    In addition to all other authority to issue bonds, the
Village of Indian Head Park is authorized to issue bonds for
the purpose of paying the costs of making roadway improvements
in an amount not to exceed the aggregate principal amount of
$2,500,000, provided that 60% of the votes cast at the general
primary election held on March 18, 2014 are cast in favor of
the issuance of the bonds, and the bonds are issued by December
31, 2014.
    However, without the submission of the question of issuing
bonds to the electors, the corporate authorities of any
municipality may authorize the issuance of any of the
following bonds:
        (1) Bonds to refund any existing bonded indebtedness;
        (2) Bonds to fund or refund any existing judgment
    indebtedness;
        (3) In any municipality of less than 500,000
    population, bonds to anticipate the collection of
    installments of special assessments and special taxes
    against property owned by the municipality and to
    anticipate the collection of the amount apportioned to the
    municipality as public benefits under Article 9;
        (4) Bonds issued by any municipality under Sections
    8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-26-1
    through 11-26-6, 11-71-1 through 11-71-10, 11-74.3-1
    through 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1
    through 11-74.5-15, 11-94-1 through 11-94-7, 11-102-1
    through 11-102-10, 11-103-11 through 11-103-15, 11-118-1
    through 11-118-6, 11-119-1 through 11-119-5, 11-129-1
    through 11-129-7, 11-133-1 through 11-133-4, 11-139-1
    through 11-139-12, 11-141-1 through 11-141-18 of this
    Code, or 10-801 through 10-808 of the Illinois Highway
    Code, as amended;
        (5) Bonds issued by the board of education of any
    school district under the provisions of Sections 34-30
    through 34-36 of the The School Code, as amended;
        (6) Bonds issued by any municipality under the
    provisions of Division 6 of this Article 8; and by any
    municipality under the provisions of Division 7 of this
    Article 8; or under the provisions of Sections 11-121-4
    and 11-121-5;
        (7) Bonds to pay for the purchase of voting machines
    by any municipality that has adopted Article 24 of the The
    Election Code, approved May 11, 1943, as amended;
        (8) Bonds issued by any municipality under Sections 15
    and 46 of the "Environmental Protection Act", approved
    June 29, 1970;
        (9) Bonds issued by the corporate authorities of any
    municipality under the provisions of Section 8-4-25 of
    this Article 8;
        (10) Bonds issued under Section 8-4-26 of this Article
    8 by any municipality having a board of election
    commissioners;
        (11) Bonds issued under the provisions of the Special
    Service Area Tax Act (repealed) "An Act to provide the
    manner of levying or imposing taxes for the provision of
    special services to areas within the boundaries of home
    rule units and nonhome rule municipalities and counties",
    approved September 21, 1973;
        (12) Bonds issued under Section 8-5-16 of this Code;
        (13) Bonds to finance the cost of the acquisition,
    construction, or improvement of water or wastewater
    treatment facilities mandated by an enforceable compliance
    schedule developed in connection with the federal Clean
    Water Act or a compliance order issued by the United
    States Environmental Protection Agency or the Illinois
    Pollution Control Board; provided that such bonds are
    authorized by an ordinance adopted by a three-fifths
    majority of the corporate authorities of the municipality
    issuing the bonds which ordinance shall specify that the
    construction or improvement of such facilities is
    necessary to alleviate an emergency condition in such
    municipality;
        (14) Bonds issued by any municipality pursuant to
    Section 11-113.1-1;
        (15) Bonds issued under Sections 11-74.6-1 through
    11-74.6-45, the Industrial Jobs Recovery Law of this Code;
        (16) Bonds issued under the Innovation Development and
    Economy Act, except as may be required by Section 35 of
    that Act.
(Source: P.A. 102-587, eff. 1-1-22; revised 9-25-23.)
 
    (65 ILCS 5/10-4-2.3)
    Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include
coverage for the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under
Section 356t and the coverage required under Sections 356g,
356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and 356z.62,
356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois
Insurance Code. The coverage shall comply with Sections
155.22a, 355b, 356z.19, and 370c of the Illinois Insurance
Code. The Department of Insurance shall enforce the
requirements of this Section. The requirement that health
benefits be covered as provided in this is an exclusive power
and function of the State and is a denial and limitation under
Article VII, Section 6, subsection (h) of the Illinois
Constitution. A home rule municipality to which this Section
applies must comply with every provision of this Section.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
8-29-23.)
 
    Section 250. The Fire Protection District Act is amended
by changing Section 20 as follows:
 
    (70 ILCS 705/20)  (from Ch. 127 1/2, par. 38.3)
    Sec. 20. Disconnection by operation of law.
    (a) Any territory within a fire protection district that
is or has been annexed to a municipality that provides fire
protection for property within such city, village or
incorporated town is, by operation of law, disconnected from
the fire protection district as of the January first after
such territory is annexed to the municipality as long as the
municipality has conducted a response-time study that shows,
at a minimum, estimated response times from the fire
protection district to the territory and estimated response
times of the municipal fire department from the territory or
in case any such territory has been so annexed prior to the
effective date of this amendatory Act of 1965, as of January 1,
1966.
    (b) The disconnection by operation of law does not occur
if, within 60 days after such annexation or after the
effective date of this amendatory Act of 1965, whichever is
later, the fire protection district files with the appropriate
court and with the County Clerk of each county in which the
fire protection district is located, a petition alleging that
such disconnection will cause the territory remaining in the
district to be noncontiguous or that the loss of assessed
valuation by reason of such disconnection will impair the
ability of the district to render fully adequate fire
protection service to the territory remaining with the
district. When such a petition is filed, with the court and
with the County Clerk of each county in which the fire
protection district is located, the court shall set it for
hearing, and further proceedings shall be held, as provided in
Section 15 of this Act, except that the city, village or
incorporated town that annexed the territory shall be a
necessary party to the proceedings, and it shall be served
with summons in the manner for a party defendant under the
Civil Practice Law. At such hearing, the district has the
burden of proving the truth of the allegations in its
petition.
    (c) If disconnection does not occur, then the city,
village or incorporated town in which part of a fire
protection district's territory is located, is prohibited from
levying the tax provided for by Section 11-7-1 of the
"Illinois Municipal Code" in such fire protection district
territory for services provided to the residents of such
territory by the fire protection district.
    (d) If there are any general obligation bonds of the fire
protection district outstanding and unpaid at the time such
territory is disconnected from the fire protection district by
operation of this Section, such territory shall remain liable
for its proportionate share of such bonded indebtedness and
the fire protection district may continue to levy and extend
taxes upon the taxable property in such territory for the
purpose of amortizing such bonds until such time as sufficient
funds to retire such bonds have been collected.
    (e) On and after January 1, 2000 (the effective date of
Public Act 91-307) this amendatory Act of the 91st General
Assembly, when territory is disconnected from a fire
protection district under this Section, the annexing
municipality shall pay, on or before December 31 of each year
for a period of 5 years after the effective date of the
disconnection, to the fire protection district from which the
territory was disconnected, an amount as follows:
        (1) In the first year after the disconnection, an
    amount equal to the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (2) In the second year after the disconnection, an
    amount equal to 80% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (3) In the third year after the disconnection, an
    amount equal to 60% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (4) In the fourth year after the disconnection, an
    amount equal to 40% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (5) In the fifth year after the disconnection, an
    amount equal to 20% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
    This subsection (e) applies to a fire protection district
only if the corporate authorities of the district do not file a
petition against the disconnection under subsection (b).
    (f) A municipality that does not timely make the payment
required in subsection (e) and which refuses to make such
payment within 30 days following a written demand by the fire
protection district entitled to the payment or which causes a
fire protection district to incur an expense in order to
collect the amount to which it is entitled under subsection
(e) shall, in addition to the amount due under subsection (e),
be responsible to reimburse the fire protection district for
all costs incurred by the fire protection district in
collecting the amount due, including, but not limited to,
reasonable legal fees and court costs.
(Source: P.A. 102-574, eff. 1-1-22; 102-773, eff. 1-1-23;
revised 4-5-23.)
 
    Section 255. The Illinois Waterway Ports Commission Act is
amended by changing Section 15 as follows:
 
    (70 ILCS 1816/15)
    Sec. 15. Powers.
    (a) The Commission may request funding from any federal,
state, municipal, or local government or any other person or
organization for purposes of the Commission within the
Commission's jurisdiction. The individual port districts
within the Commission's jurisdiction retain authority to
request funding from any federal, state, municipal, or local
government or any other person or organization for purposes of
the individual port districts within the Commission area.
    (b) The Commission may enter into a memorandum of
understanding or intergovernmental agreement with the State, a
unit of local government, or a federal governmental
organization in the performance of its duties. The Commission
may not exercise control over an a operation of a port district
established by any other law except by voluntary agreement
between the port district and the Commission.
    (c) The Commission may perform any other act that may be
useful in performing its duties under Section 10 or powers
under this Section.
(Source: P.A. 103-214, eff. 6-30-23; revised 9-25-23.)
 
    Section 260. The Emergency Services Districts Act is
amended by changing Section 11 as follows:
 
    (70 ILCS 2005/11)
    Sec. 11. Property tax; fees.
    (a) An emergency services district organized under this
Act may levy and collect a general tax on the property situated
in the district, but the aggregate amount of taxes levied for
any one year shall not exceed the rate of .20% of value, as
equalized or assessed by the Department of Revenue. The board
of trustees shall determine and certify the amount to be
levied and shall return the same to the county clerk. The
limitation upon the tax rate may be increased or decreased
under the referendum provisions of the General Revenue Law of
Illinois.
    In case the district is located in more than one county,
the board of trustees shall determine and certify the amount
to be levied upon the taxable property lying in each county and
return the same to the respective county clerks of the
counties in which the amount is to be levied. In order to
determine the amount to be levied upon the taxable property of
that part of the district lying in each county, the board shall
ascertain from the county clerk of the respective counties in
which the district lies the last ascertained equalized value
of the taxable property of the district lying in their
respective counties, then shall ascertain the rate per cent
required and shall, accordingly, apportion the whole amount to
be raised between the several parts of the district so lying in
the different counties. The tax provided for in this Section
shall be levied at the same time and in the same manner as
nearly as practicable as taxes are now levied for municipal
purposes under the laws of this State.
    All general taxes under this Act, when collected, shall be
paid over to the treasurer of the board of trustees, who is
authorized to receive and receipt for the same.
    (b) An emergency services A rescue squad district
organized under this Act may fix, charge, and collect fees for
rescue squad services and ambulance services within or outside
of the rescue squad district not exceeding the reasonable cost
of the service.
(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23;
revised 12-12-23.)
 
    Section 265. The Metropolitan Transit Authority Act is
amended by changing Section 51 as follows:
 
    (70 ILCS 3605/51)
    Sec. 51. Free and reduced fare services; eligibility.
    (a) Notwithstanding any law to the contrary, no later than
60 days following January 18, 2008 (the effective date of
Public Act 95-708) this amendatory Act of the 95th General
Assembly and until subsection (b) is implemented, any fixed
route public transportation services provided by, or under
grant or purchase of service contracts of, the Board shall be
provided without charge to all senior citizens of the
Metropolitan Region (as such term is defined in Section 1.03
of the Regional Transportation Authority Act 70 ILCS
3615/1.03) aged 65 and older, under such conditions as shall
be prescribed by the Board.
    (b) Notwithstanding any law to the contrary, no later than
180 days following February 14, 2011 (the effective date of
Public Act 96-1527) this amendatory Act of the 96th General
Assembly, any fixed route public transportation services
provided by, or under grant or purchase of service contracts
of, the Board shall be provided without charge to senior
citizens aged 65 and older who meet the income eligibility
limitation set forth in subsection (a-5) of Section 4 of the
Senior Citizens and Persons with Disabilities Property Tax
Relief Act, under such conditions as shall be prescribed by
the Board. The Department on Aging shall furnish all
information reasonably necessary to determine eligibility,
including updated lists of individuals who are eligible for
services without charge under this Section. After an initial
eligibility determination is made, an individual's eligibility
for free services shall automatically renew every 5 years
after receipt by the Authority of a copy of the individual's
government-issued identification card validating Illinois
residency. Nothing in this Section shall relieve the Board
from providing reduced fares as may be required by federal
law.
    (c) The Board shall partner with the City of Chicago to
provide transportation at reduced fares for participants in
programs that offer employment and internship opportunities to
youth and young adults ages 14 through 24.
(Source: P.A. 103-241, eff. 1-1-24; 103-281, eff. 1-1-24;
revised 12-12-23.)
 
    Section 270. The Illinois Library System Act is amended by
changing Section 3 as follows:
 
    (75 ILCS 10/3)  (from Ch. 81, par. 113)
    Sec. 3. The State Librarian and the Illinois State Library
staff shall administer the provisions of this Act and shall
prescribe such rules and regulations as are necessary to carry
the provisions of this Act into effect.
    The rules and regulations established by the State
Librarian for the administration of this Act shall be designed
to achieve the following standards and objectives:
        (A) Provide A provide library service for every
    citizen in the State by extending library facilities to
    areas not now served.
        (B) Provide B provide library materials for student
    needs at every educational level.
        (C) Provide C provide adequate library materials to
    satisfy the reference and research needs of the people of
    this State.
        (D) Provide D provide an adequate staff of
    professionally trained librarians for the State.
        (E) Adopt E adopt the American Library Association's
    Library Bill of Rights that indicates materials should not
    be proscribed or removed because of partisan or doctrinal
    disapproval or, in the alternative, develop a written
    statement declaring the inherent authority of the library
    or library system to provide an adequate collection of
    books and other materials sufficient in size and varied in
    kind and subject matter to satisfy the library needs of
    the people of this State and prohibit the practice of
    banning specific books or resources.
        (F) Provide F provide adequate library outlets and
    facilities convenient in time and place to serve the
    people of this State.
        (G) Encourage G encourage existing and new libraries
    to develop library systems serving a sufficiently large
    population to support adequate library service at
    reasonable cost.
        (H) Foster H foster the economic and efficient
    utilization of public funds.
        (I) Promote I promote the full utilization of local
    pride, responsibility, initiative, and support of library
    service and, at the same time, employ State aid as a
    supplement to local support.
    The Advisory Committee of the Illinois State Library shall
confer with, advise, and make recommendations to the State
Librarian regarding any matter under this Act and particularly
with reference to the formation of library systems.
(Source: P.A. 103-100, eff. 1-1-24; revised 1-2-24.)
 
    Section 275. The School Code is amended by changing
Sections 2-3.25d-5, 2-3.25o, 2-3.163, 3-11, 10-17a, 10-20.67,
10-22.3f, 10-22.36, 10-22.39, 14-7.02, 14-8.02, 18-8.15, 19-6,
21B-30, 21B-50, 21B-70, 22-30, 24-2, 24-12, 24A-5, 26A-40,
27-23.1, 27A-3, 27A-5, 27A-6, 27A-7, 27A-11.5, and 34-84, by
setting forth and renumbering multiple versions of Sections
2-3.196, 10-20.85, and 34-18.82, and by setting forth,
renumbering, and changing multiple versions of Section 22-95
as follows:
 
    (105 ILCS 5/2-3.25d-5)
    Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive
schools.
    (a) Beginning in 2018, a school designated as
"Comprehensive" shall be defined as:
        (1) a school that is among the lowest performing 5% of
    schools in this State based on the multi-measures
    accountability system defined in the State Plan, with
    respect to the performance of the "all students" group;
        (2) any high school with a graduation rate of less
    than 67%;
        (2.5) any school that has completed a full 4-year
    cycle of Targeted School Improvement but remains
    identified for Targeted Support for one or more of the
    same student groups originally identified for Targeted
    Support; or
        (3) (blank).
    The State Board of Education shall work with districts
with one or more schools in Comprehensive School Improvement
Status to perform a needs assessment to determine the
district's core functions that are areas of strength and
weakness. The results from the needs assessment shall be used
by the district and school to identify goals and objectives
for improvement. The needs assessment shall include, at a
minimum, a review of the following areas: student performance
on State assessments; student performance on local
assessments; finances, including resource allocation reviews;
governance, including effectiveness of school leadership;
student engagement opportunities and access to those
opportunities; instructional practices; standards-aligned
curriculum; school climate and culture survey results; family
and community engagement; reflective stakeholder engagement;
continuous school improvement practices; educator and employee
quality, including staff continuity and turnover rates; and
alignment of professional development to continuous
improvement efforts.
    (b) Beginning in 2018, a school designated as "Targeted"
shall be defined as a school in which one or more student
groups is performing at or below the level of the "all
students" group of schools designated Comprehensive, as
defined in paragraph (1) of subsection (a) of this Section.
    (c) Beginning in 2023, a school designated as "Intensive"
shall be defined as a school that has completed a full 4-year
cycle of Comprehensive School Improvement but does not meet
the criteria to exit that status, as defined in the State Plan
referenced in subsection (b) of Section 2-3.25a of this Code,
at the end of the cycle.
    (d) All schools in school improvement status, including
Comprehensive, Targeted, and Intensive schools, must complete
a school-level needs assessment and develop and implement a
continuous improvement plan.
(Source: P.A. 103-175, eff. 6-30-23; revised 9-22-23.)
 
    (105 ILCS 5/2-3.25o)
    Sec. 2-3.25o. Registration and recognition of non-public
elementary and secondary schools.
    (a) Findings. The General Assembly finds and declares (i)
that the Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the
educational development of all persons to the limits of their
capacities" and (ii) that the educational development of every
school student serves the public purposes of the State. In
order to ensure that all Illinois students and teachers have
the opportunity to enroll and work in State-approved
educational institutions and programs, the State Board of
Education shall provide for the voluntary registration and
recognition of non-public elementary and secondary schools.
    (b) Registration. All non-public elementary and secondary
schools in the State of Illinois may voluntarily register with
the State Board of Education on an annual basis. Registration
shall be completed in conformance with procedures prescribed
by the State Board of Education. Information required for
registration shall include assurances of compliance (i) with
federal and State laws regarding health examination and
immunization, attendance, length of term, and
nondiscrimination, including assurances that the school will
not prohibit hairstyles historically associated with race,
ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists, and
(ii) with applicable fire and health safety requirements.
    (c) Recognition. All non-public elementary and secondary
schools in the State of Illinois may voluntarily seek the
status of "Non-public School Recognition" from the State Board
of Education. This status may be obtained by compliance with
administrative guidelines and review procedures as prescribed
by the State Board of Education. The guidelines and procedures
must recognize that some of the aims and the financial bases of
non-public schools are different from public schools and will
not be identical to those for public schools, nor will they be
more burdensome. The guidelines and procedures must also
recognize the diversity of non-public schools and shall not
impinge upon the noneducational relationships between those
schools and their clientele.
    (c-5) Prohibition against recognition. A non-public
elementary or secondary school may not obtain "Non-public
School Recognition" status unless the school requires all
certified and non-certified applicants for employment with the
school, after July 1, 2007, to authorize a fingerprint-based
criminal history records check as a condition of employment to
determine if such applicants have been convicted of any of the
enumerated criminal or drug offenses set forth in Section
21B-80 of this Code or have been convicted, within 7 years of
the application for employment, of any other felony under the
laws of this State or of any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
    Authorization for the check shall be furnished by the
applicant to the school, except that if the applicant is a
substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as
a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school, then only one of the non-public schools employing the
individual shall request the authorization. Upon receipt of
this authorization, the non-public school shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police.
    The Illinois State Police and Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereafter, until expunged, to the president or
principal of the non-public school that requested the check.
The Illinois State Police shall charge that school a fee for
conducting such check, which fee must be deposited into the
State Police Services Fund and must not exceed the cost of the
inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse non-public
schools for fees paid to obtain criminal history records
checks under this Section.
    A non-public school may not obtain recognition status
unless the school also performs a check of the Statewide Sex
Offender Database, as authorized by the Sex Offender Community
Notification Law, and the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Registration Act, for each
applicant for employment, after July 1, 2007, to determine
whether the applicant has been adjudicated of a sex offense or
of a murder or other violent crime against youth. The checks of
the Statewide Sex Offender Database and the Statewide
Stateside Murderer and Violent Offender Against Youth Database
must be conducted by the non-public school once for every 5
years that an applicant remains employed by the non-public
school..
    Any information concerning the record of convictions
obtained by a non-public school's president or principal under
this Section is confidential and may be disseminated only to
the governing body of the non-public school or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Illinois State Police shall be provided to the applicant
for employment. Upon a check of the Statewide Sex Offender
Database, the non-public school shall notify the applicant as
to whether or not the applicant has been identified in the Sex
Offender Database as a sex offender. Any information
concerning the records of conviction obtained by the
non-public school's president or principal under this Section
for a substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as
a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school may be shared with another non-public school's
principal or president to which the applicant seeks
employment. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
    No non-public school may obtain recognition status that
knowingly employs a person, hired after July 1, 2007, for whom
an Illinois State Police and Federal Bureau of Investigation
fingerprint-based criminal history records check and a
Statewide Sex Offender Database check has not been initiated
or who has been convicted of any offense enumerated in Section
21B-80 of this Code or any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as one or more of those offenses. No non-public
school may obtain recognition status under this Section that
knowingly employs a person who has been found to be the
perpetrator of sexual or physical abuse of a minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
    In order to obtain recognition status under this Section,
a non-public school must require compliance with the
provisions of this subsection (c-5) from all employees of
persons or firms holding contracts with the school, including,
but not limited to, food service workers, school bus drivers,
and other transportation employees, who have direct, daily
contact with pupils. Any information concerning the records of
conviction or identification as a sex offender of any such
employee obtained by the non-public school principal or
president must be promptly reported to the school's governing
body.
    Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in any non-public elementary
or secondary school that has obtained or seeks to obtain
recognition status under this Section, a student teacher is
required to authorize a fingerprint-based criminal history
records check. Authorization for and payment of the costs of
the check must be furnished by the student teacher to the chief
administrative officer of the non-public school where the
student teaching is to be completed. Upon receipt of this
authorization and payment, the chief administrative officer of
the non-public school shall submit the student teacher's name,
sex, race, date of birth, social security number, fingerprint
images, and other identifiers, as prescribed by the Illinois
State Police, to the Illinois State Police. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the chief administrative officer of the
non-public school that requested the check. The Illinois State
Police shall charge the school a fee for conducting the check,
which fee must be passed on to the student teacher, must not
exceed the cost of the inquiry, and must be deposited into the
State Police Services Fund. The school shall further perform a
check of the Statewide Sex Offender Database, as authorized by
the Sex Offender Community Notification Law, and of the
Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school that has obtained or seeks to obtain recognition status
under this Section may knowingly allow a person to student
teach for whom a criminal history records check, a Statewide
Sex Offender Database check, and a Statewide Murderer and
Violent Offender Against Youth Database check have not been
completed and reviewed by the chief administrative officer of
the non-public school.
    A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the chief administrative officer of the non-public school
is confidential and may be transmitted only to the chief
administrative officer of the non-public school or his or her
designee, the State Superintendent of Education, the State
Educator Preparation and Licensure Board, or, for
clarification purposes, the Illinois State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
    No school that has obtained or seeks to obtain recognition
status under this Section may knowingly allow a person to
student teach who has been convicted of any offense that would
subject him or her to license suspension or revocation
pursuant to Section 21B-80 of this Code or who has been found
to be the perpetrator of sexual or physical abuse of a minor
under 18 years of age pursuant to proceedings under Article II
of the Juvenile Court Act of 1987.
    Any school that has obtained or seeks to obtain
recognition status under this Section may not prohibit
hairstyles historically associated with race, ethnicity, or
hair texture, including, but not limited to, protective
hairstyles such as braids, locks, and twists.
    (d) Public purposes. The provisions of this Section are in
the public interest, for the public benefit, and serve secular
public purposes.
    (e) Definition. For purposes of this Section, a non-public
school means any non-profit, non-home-based, and non-public
elementary or secondary school that is in compliance with
Title VI of the Civil Rights Act of 1964 and attendance at
which satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-111, eff. 6-29-23; revised
9-20-23.)
 
    (105 ILCS 5/2-3.163)
    Sec. 2-3.163. PUNS database information for students and
parents or guardians.
    (a) The General Assembly makes all of the following
findings:
        (1) Pursuant to Section 10-26 of the Department of
    Human Services Act, the Department of Human Services
    maintains a statewide database known as the PUNS database
    that records information about individuals with
    intellectual disabilities or developmental disabilities
    who are potentially in need of services.
        (2) The Department of Human Services uses the data on
    PUNS to select individuals for services as funding becomes
    available, to develop proposals and materials for
    budgeting, and to plan for future needs.
        (3) The PUNS database is available for adults with
    intellectual disabilities or developmental disabilities
    who have unmet service needs anticipated in the next 5
    years. The PUNS database is also available for children
    with intellectual disabilities or developmental
    disabilities with unmet service needs.
        (4) Registration to be included on the PUNS database
    is the first step toward receiving developmental
    disabilities services in this State. A child or an adult
    who is not on the PUNS database will not be in queue for
    State developmental disabilities services.
        (5) Lack of awareness and information about the PUNS
    database results in underutilization or delays in
    registration for the PUNS database by students with
    intellectual disabilities or developmental disabilities
    and their parents or guardians.
    (a-5) The purpose of this Section is to ensure that each
student with an intellectual disability or a developmental
disability who has an individualized education program ("IEP")
and the student's parents or guardian are informed about the
PUNS database, where to register for the PUNS database, and
whom they can contact for information about the PUNS database
and the PUNS database registration process. This Section is
not intended to change the PUNS database registration process
established by the Department of Human Services or to impose
any responsibility on the State Board of Education or a school
district to register students for the PUNS database.
    (a-10) As used in this Section, "PUNS" means the
Prioritization of Urgency of Need for Services database or
PUNS database developed and maintained by the Department of
Human Services pursuant to Section 10-26 of the Department of
Human Services Act.
    (b) The State Board of Education may work in consultation
with the Department of Human Services and with school
districts to ensure that all students with intellectual
disabilities or developmental disabilities and their parents
or guardians are informed about the PUNS database, as
described in subsections (c), (c-5), and (d) of this Section.
    (c) The Department of Human Services, in consultation with
the State Board of Education, shall develop and implement an
online, computer-based training program for at least one
designated employee in every public school in this State to
educate the designated employee or employees about the PUNS
database and steps required to register students for the PUNS
database, including the documentation and information parents
or guardians will need for the registration process. The
training shall include instruction on identifying and
contacting the appropriate developmental disabilities
Independent Service Coordination agency ("ISC") to register
students for the PUNS database. The training of the designated
employee or employees shall also include information about
organizations and programs available in this State that offer
assistance to families in understanding the PUNS database and
navigating the PUNS database registration process. Each school
district shall post on its public website and include in its
student handbook the names of the designated trained employee
or employees in each school within the school district.
    (c-5) During the student's annual IEP review meeting, if
the student has an intellectual disability or a developmental
disability, the student's IEP team shall determine the
student's PUNS database registration status based upon
information provided by the student's parents or guardian or
by the student. If it is determined that the student is not
registered for the PUNS database or if it is unclear whether
the student is registered for the PUNS database, the parents
or guardian and the student shall be referred to a designated
employee of the public school who has completed the training
described in subsection (c). The designated trained employee
shall provide the student's parents or guardian and the
student with the name, location, and contact information of
the appropriate ISC to contact in order to register the
student for the PUNS database. The designated trained employee
shall also identify for the parents or guardian and the
student the information and documentation they will need to
complete the PUNS database registration process with the ISC,
and shall also provide information to the parents or guardian
and the student about organizations and programs available in
this State that offer information to families about the PUNS
database and the PUNS database registration process.
    (d) The State Board of Education, in consultation with the
Department of Human Services, through school districts, shall
provide to the parents and guardians of each student with an
IEP a copy of the latest version of the Department of Human
Services's guide titled "Understanding PUNS: A Guide to
Prioritization for Urgency of Need for Services" each year at
the annual review meeting for the student's individualized
education program.
    (e) (Blank).
    (f) Subject to appropriation, the Department of Human
Services shall expand its selection of individuals from the
PUNS Prioritization of Urgency of Need for Services database
to include individuals who receive services through the
Children and Young Adults with Developmental Disabilities -
Support Waiver.
(Source: P.A. 102-57, eff. 7-9-21; 103-504, eff. 1-1-24;
103-546, eff. 8-11-23; revised 9-28-23.)
 
    (105 ILCS 5/2-3.196)
    (This Section may contain text from a Public Act with a
delayed effective date)
    (Section scheduled to be repealed on July 1, 2029)
    Sec. 2-3.196. Discrimination, harassment, and retaliation
reporting.
    (a) The requirements of this Section are subject to
appropriation.
    (b) The State Board of Education shall build data
collection systems to allow the collection of data on reported
allegations of the conduct described in paragraph (1).
Beginning on August 1 of the year after the systems are
implemented and for each reporting school year beginning on
August 1 and ending on July 31 thereafter, each school
district, charter school, and nonpublic, nonsectarian
elementary or secondary school shall disclose to the State
Board of Education all of the following information:
        (1) The total number of reported allegations of
    discrimination, harassment, or retaliation against
    students received by each school district, charter school,
    or nonpublic, nonsectarian elementary or secondary school
    during the reporting school year, defined as August 1 to
    July 31, in each of the following categories:
            (A) sexual harassment;
            (B) discrimination or harassment on the basis of
        race, color, or national origin;
            (C) discrimination or harassment on the basis of
        sex;
            (D) discrimination or harassment on the basis of
        religion;
            (E) discrimination or harassment on the basis of
        disability; and
            (F) retaliation.
        (2) The status of allegations, as of the last day of
    the reporting period, in each category under paragraph
    (1).
        Allegations shall be reported as unfounded, founded,
    or investigation pending by the school district, charter
    school, or nonpublic, nonsectarian elementary or secondary
    school.
    (c) A school district, charter school, or nonpublic,
nonsectarian elementary or secondary school may not include in
any disclosures required under this Section any information by
which an individual may be personally identified, including
the name of the victim or victims or those accused of an act of
alleged discrimination, harassment, or retaliation.
    (d) If a school district, charter school, or nonpublic,
nonsectarian elementary or secondary school fails to disclose
the information required in subsection (b) of this Section by
July 31 of the reporting school year, the State Board of
Education shall provide a written request for disclosure to
the school district, charter school, or nonpublic,
nonsectarian elementary or secondary school, thereby providing
the period of time in which the required information must be
disclosed. If a school district, charter school, or nonpublic,
nonsectarian elementary or secondary school fails to disclose
the information within 14 days after receipt of that written
request, the State Board of Education may petition the
Department of Human Rights to initiate a charge of a civil
rights violation pursuant to Section 5A-102 of the Illinois
Human Rights Act.
    (e) The State Board of Education shall publish an annual
report aggregating the information reported by school
districts, charter schools, and nonpublic, nonsectarian
elementary or secondary schools under subsection (b) of this
Section. Data included in the report shall not be publicly
attributed to any individual school district, charter school,
or nonpublic, nonsectarian elementary or secondary school. The
report shall include the number of incidents reported between
August 1 and July 31 of the preceding reporting school year,
based on each of the categories identified under paragraph (1)
of this subsection (b).
    The annual report shall be filed with the Department of
Human Rights and the General Assembly and made available to
the public by July 1 of the year following the reporting school
year. Data submitted by a school district, charter school, or
nonpublic, nonsectarian elementary or secondary school to
comply with this Section is confidential and exempt from the
Freedom of Information Act.
    (f) The State Board of Education may adopt any rules
deemed necessary for implementation of this Section.
    (g) This Section is repealed on July 1, 2029.
(Source: P.A. 103-472, eff. 8-1-24.)
 
    (105 ILCS 5/2-3.198)
    Sec. 2-3.198 2-3.196. Teacher Vacancy Grant Pilot Program.
    (a) Subject to appropriation, beginning in Fiscal Year
2024, the State Board of Education shall administer a 3-year
Teacher Vacancy Grant Pilot Program for the allocation of
formula grant funds to school districts to support the
reduction of unfilled teaching positions throughout the State.
The State Board shall identify which districts are eligible to
apply for a 3-year grant under this Section by reviewing the
State Board's Fiscal Year 2023 annual unfilled teaching
positions report to determine which districts designated as
Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the
greatest need for funds. Based on the National Center for
Education Statistics locale classifications, 60% of eligible
districts shall be rural districts and 40% of eligible
districts shall be urban districts. Continued funding for the
grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to
appropriation. The State Board shall post, on its website,
information about the grant program and the list of identified
districts that are eligible to apply for a grant under this
subsection.
    (b) A school district that is determined to be eligible
for a grant under subsection (a) and that chooses to
participate in the program must submit an application to the
State Board that describes the relevant context for the need
for teacher vacancy support, suspected causes of teacher
vacancies in the district, and the district's plan in
utilizing grant funds to reduce unfilled teaching positions
throughout the district. If an eligible school district
chooses not to participate in the program, the State Board
shall identify a potential replacement district by using the
same methodology described in subsection (a).
    (c) Grant funds awarded under this Section may be used for
financial incentives to support the recruitment and hiring of
teachers, programs and incentives to strengthen teacher
pipelines, or investments to sustain teachers and reduce
attrition among teachers. Grant funds shall be used only for
the purposes outlined in the district's application to the
State Board to reduce unfilled teaching positions. Grant funds
shall not be used for any purposes not approved by the State
Board.
    (d) A school district that receives grant funds under this
Section shall submit an annual report to the State Board that
includes, but is not limited to, a summary of all grant-funded
activities implemented to reduce unfilled teaching positions,
progress towards reducing unfilled teaching positions, the
number of unfilled teaching positions in the district in the
preceding fiscal year, the number of new teachers hired during
the program, the teacher attrition rate, the number of
individuals participating in any programs designed to reduce
attrition, the number of teachers retained using support of
the grant funds, participation in any strategic pathway
programs created under the program, and the number of and
participation in any new pathways into teaching positions
created under the program.
    (e) No later than March 1, 2027, the State Board shall
submit a report to the Governor and the General Assembly on the
efficacy of the pilot program that includes a summary of the
information received under subsection (d) and an overview of
its activities to support grantees.
(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
 
    (105 ILCS 5/2-3.199)
    Sec. 2-3.199 2-3.196. Computer Science Equity Grant
Program.
    (a) Subject to appropriation, the State Board shall
establish a competitive grant program to support the
development or enhancement of computer science programs in the
K-12 schools. Eligible entities are regional offices of
education, intermediate service centers, State higher
education institutions, schools designated as laboratory
schools, and school districts. Approved entities shall be
responsible for ensuring that appropriate facilities are
available and educators are appropriately trained on the use
of any technologies or devices acquired for the purposes of
the grant.
    (b) Computer Science Equity Grant Program funds shall be
used in the following manner consistent with application
requirements established by the State Board of Education as
provided in this Article:
        (1) to expand learning opportunities in grades K-12 to
    ensure that all students have access to computer science
    coursework that is aligned to rigorous State standards and
    emerging labor market needs;
        (2) to train and retrain teachers of grades K-12 to be
    more proficient in the teaching of computer science by
    providing professional development opportunities;
        (3) to supply classrooms with materials and equipment
    related to the teaching and learning of computer science;
    and
        (4) to more effectively recruit and better serve K-12
    learners who are underrepresented in the computer science
    labor market for enrollment in computer science
    coursework.
    (c) Computer Science Equity Grant Program funds shall be
made available to each eligible entity upon completion of an
application process that is consistent with rules established
by the State Board of Education. The application shall include
the planned use of the funds; identification of need for the
funds that is supported by local, regional, and state data; a
plan for long-term sustainability; and a long-term plan for
continuous improvement.
    (d) The State Board of Education shall adopt rules as may
be necessary to implement the provision of this Article,
including, but not limited to, the identification of
additional prioritization areas for each competitive grant
application cycle that are within the scope of the authorized
uses. Priority consideration for all applications will be
given for proposals that intend to serve a majority of
learners or teachers with gender or racial/ethnic identities
that are underrepresented in the computer science labor
market.
    (e) Up to 2 renewals of the grant will be allowed,
providing the entity awarded satisfactorily completes
programmatic reporting and meets program objectives
commensurate with application requirements set forth by the
State Board of Education.
    (f) Grants under the Computer Science Equity Grant Program
and funding levels for satisfactory applications may be
prorated according to the amount appropriated.
(Source: P.A. 103-264, eff. 1-1-24; revised 9-25-23.)
 
    (105 ILCS 5/2-3.200)
    Sec. 2-3.200 2-3.196. State Board of Education literacy
assistance.
    (a) The State Board of Education shall adopt and make
available all of the following to each publicly funded school
district by July 1, 2024:
        (1) A rubric by which districts may evaluate curricula
    and select and implement evidence-based, culturally
    inclusive core reading instruction programs aligned with
    the comprehensive literacy plan for the State described in
    subsection (c).
        (2) A template to support districts when developing
    comprehensive, district-wide literacy plans that include
    support for special student populations, including, at a
    minimum, students with disabilities, multilingual
    students, and bidialectal students.
        (3) Guidance on evidence-based practices for effective
    structures for training and deploying literacy coaches to
    support teachers and close opportunity gaps among student
    demographic groups.
    (b) On or before January 1, 2025, the State Board of
Education shall develop and make available training
opportunities for educators in teaching reading that are
aligned with the comprehensive literacy plan described in
subsection (c) and consistent with State learning standards.
This support may include:
        (1) the development of a microcredential or a series
    of microcredentials in literacy instruction aligned with
    the comprehensive literacy plan described in subsection
    (c) to be affixed to educator licenses upon successful
    demonstration of the skill or completion of the required
    coursework or assessment, or both, or online training
    modules on literacy instruction, aligned with the
    comprehensive literacy plan described in subsection (c)
    and consistent with State learning standards, accepted for
    continuing professional development units; and
        (2) the creation and dissemination of a tool that
    school districts, educators, and the public may use to
    evaluate professional development and training programs
    related to literacy instruction.
    (c) In consultation with education stakeholders, the State
Board of Education shall develop and adopt a comprehensive
literacy plan for the State on or before January 31, 2024. The
comprehensive literacy plan shall consider, without
limitation, evidence-based research and culturally and
linguistically sustaining pedagogical approaches to meet the
needs of all students and shall, at a minimum, do all of the
following:
        (1) Consider core instructional literacy practices and
    practices related to the unique needs of and support for
    specific student populations, including, at a minimum,
    students with disabilities, multilingual students, and
    bidialectal students, and the resources and support,
    including professional learning for teachers, needed to
    effectively implement the literacy instruction.
        (2) Provide guidance related to screening tools, the
    administration of such screening tools, and the
    interpretation of the resulting data to identify students
    at risk of reading difficulties in grades kindergarten
    through 2. This guidance shall outline instances in which
    dyslexia screenings and other universal screeners are
    appropriate for use with English learners.
        (3) Provide guidance related to early literacy
    intervention for students in grades kindergarten through 2
    for schools to implement with students at risk of reading
    difficulties, as well as literacy intervention for
    students in grades 3 through 12 demonstrating reading
    difficulties.
        (4) Consider the impact of second language acquisition
    and bilingual education on reading instruction in the
    student's native language and English.
        (5) Define key terminology, such as "evidence-based".
        (6) Contextualize the interaction between elements of
    the plan and existing laws and regulations that have
    overlapping components, such as a multi-tiered system of
    support.
        (7) Focus on a comprehensive range of elements of
    literacy, including phonological awareness; decoding
    (phonics); encoding (spelling); vocabulary development,
    including morphology, oracy, and reading fluency; and
    reading comprehension, including syntax and background and
    content knowledge.
(Source: P.A. 103-402, eff. 7-28-23; revised 9-25-23.)
 
    (105 ILCS 5/2-3.201)
    Sec. 2-3.201 2-3.196. Children's Adversity Index. The
Illinois State Board of Education shall develop a community or
district-level Children's Adversity Index ("index") to measure
community childhood trauma exposure across the population of
children 3 through 18 years of age by May 31, 2025. This
cross-agency effort shall be led by the State Board of
Education and must include agencies that both collect the data
and will have an ultimate use for the index information,
including, but not limited to, the Governor's Office of Early
Childhood Development, the Department of Human Services, the
Department of Public Health, the Department of Innovation and
Technology, the Illinois Criminal Justice Information
Authority, the Department of Children and Family Services, and
the Department of Juvenile Justice. The State Board of
Education may also involve non-agency personnel with relevant
expertise. The index shall be informed by research and include
both adverse incident data, such as the number or rates of
students and families experiencing homelessness and the number
or percentages of children who have had contact with the child
welfare system, and indicators of aspects of a child's
environment that can undermine the child's sense of safety,
stability, and bonding, including growing up in a household
with caregivers struggling with substance disorders or
instability due to parent or guardian separation or
incarceration of a parent or guardian, sibling, or other
member of the household, or exposure to community violence.
The index shall provide information that allows for measuring
progress, comparing school districts to the State average, and
that enables the index to be updated at least every 2 years.
The data shall be made publicly available. The initial
development of the index should leverage available data.
Personally identifiable information of any individual shall
not be revealed within this index.
(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)
 
    (105 ILCS 5/2-3.202)
    Sec. 2-3.202 2-3.196. Clothing resource materials. By no
later than July 1, 2024, the State Board of Education shall
make available to schools resource materials developed in
consultation with stakeholders regarding a student wearing or
accessorizing the student's graduation attire with general
items that may be used by the student to associate with,
identify, or declare the student's cultural, ethnic, or
religious identity or any other protected characteristic or
category identified in subsection (Q) of Section 1-103 of the
Illinois Human Rights Act. The State Board of Education shall
make the resource materials available on its Internet website.
(Source: P.A. 103-463, eff. 8-4-23; revised 9-25-23.)
 
    (105 ILCS 5/2-3.203)
    Sec. 2-3.203 2-3.196. Mental health screenings. On or
before December 15, 2023, the State Board of Education, in
consultation with the Children's Behavioral Health
Transformation Officer, Children's Behavioral Health
Transformation Team, and the Office of the Governor, shall
file a report with the Governor and the General Assembly that
includes recommendations for implementation of mental health
screenings in schools for students enrolled in kindergarten
through grade 12. This report must include a landscape scan of
current district-wide screenings, recommendations for
screening tools, training for staff, and linkage and referral
for identified students.
(Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.)
 
    (105 ILCS 5/3-11)
    (Text of Section before amendment by P.A. 103-542)
    Sec. 3-11. Institutes or inservice training workshops.
    (a) In counties of less than 2,000,000 inhabitants, the
regional superintendent may arrange for or conduct district,
regional, or county institutes, or equivalent professional
educational experiences, not more than 4 days annually. Of
those 4 days, 2 days may be used as a teacher's and educational
support personnel workshop, when approved by the regional
superintendent, up to 2 days may be used for conducting
parent-teacher conferences, or up to 2 days may be utilized as
parental institute days as provided in Section 10-22.18d.
Educational support personnel may be exempt from a workshop if
the workshop is not relevant to the work they do. A school
district may use one of its 4 institute days on the last day of
the school term. "Institute" or "Professional educational
experiences" means any educational gathering, demonstration of
methods of instruction, visitation of schools or other
institutions or facilities, sexual abuse and sexual assault
awareness seminar, or training in First Aid (which may include
cardiopulmonary resuscitation or defibrillator training) held
or approved by the regional superintendent and declared by the
regional superintendent him to be an institute day, or
parent-teacher conferences. With the concurrence of the State
Superintendent of Education, he or she may employ such
assistance as is necessary to conduct the institute. Two or
more adjoining counties may jointly hold an institute.
Institute instruction shall be free to holders of licenses
good in the county or counties holding the institute and to
those who have paid an examination fee and failed to receive a
license.
    In counties of 2,000,000 or more inhabitants, the regional
superintendent may arrange for or conduct district, regional,
or county inservice training workshops, or equivalent
professional educational experiences, not more than 4 days
annually. Of those 4 days, 2 days may be used as a teacher's
and educational support personnel workshop, when approved by
the regional superintendent, up to 2 days may be used for
conducting parent-teacher conferences, or up to 2 days may be
utilized as parental institute days as provided in Section
10-22.18d. Educational support personnel may be exempt from a
workshop if the workshop is not relevant to the work they do. A
school district may use one of those 4 days on the last day of
the school term. "Inservice Training Workshops" or
"Professional educational experiences" means any educational
gathering, demonstration of methods of instruction, visitation
of schools or other institutions or facilities, sexual abuse
and sexual assault awareness seminar, or training in First Aid
(which may include cardiopulmonary resuscitation or
defibrillator training) held or approved by the regional
superintendent and declared by him to be an inservice training
workshop, or parent-teacher conferences. With the concurrence
of the State Superintendent of Education, he may employ such
assistance as is necessary to conduct the inservice training
workshop. With the approval of the regional superintendent, 2
or more adjoining districts may jointly hold an inservice
training workshop. In addition, with the approval of the
regional superintendent, one district may conduct its own
inservice training workshop with subject matter consultants
requested from the county, State or any State institution of
higher learning.
    Such teachers institutes as referred to in this Section
may be held on consecutive or separate days at the option of
the regional superintendent having jurisdiction thereof.
    Whenever reference is made in this Act to "teachers
institute", it shall be construed to include the inservice
training workshops or equivalent professional educational
experiences provided for in this Section.
    Any institute advisory committee existing on April 1,
1995, is dissolved and the duties and responsibilities of the
institute advisory committee are assumed by the regional
office of education advisory board.
    Districts providing inservice training programs shall
constitute inservice committees, 1/2 of which shall be
teachers, 1/4 school service personnel and 1/4 administrators
to establish program content and schedules.
    The teachers institutes shall include teacher training
committed to (i) peer counseling programs and other
anti-violence and conflict resolution programs, including
without limitation programs for preventing at risk students
from committing violent acts, and (ii) educator ethics and
teacher-student conduct. Beginning with the 2009-2010 school
year, the teachers institutes shall include instruction on
prevalent student chronic health conditions. Beginning with
the 2016-2017 school year, the teachers institutes shall
include, at least once every 2 years, instruction on the
federal Americans with Disabilities Act as it pertains to the
school environment.
    (b) In this subsection (b):
    "Trauma" is defined according to an event, an experience,
and effects. Individual trauma results from an event, series
of events, or set of circumstances that is experienced by an
individual as physically or emotionally harmful or life
threatening and that has lasting adverse effects on the
individual's functioning and mental, physical, social, or
emotional well-being. Collective trauma is a psychological
reaction to a traumatic event shared by any group of people.
This may include, but is not limited to, community violence,
experiencing racism and discrimination, and the lack of the
essential supports for well-being, such as educational or
economic opportunities, food, health care, housing, and
community cohesion. Trauma can be experienced by anyone,
though it is disproportionately experienced by members of
marginalized groups. Systemic and historical oppression, such
as racism, is often at the root of this inequity. Symptoms may
vary at different developmental stages and across different
cultural groups and different communities.
    "Trauma-responsive learning environments" means learning
environments developed during an ongoing, multiyear-long
process that typically progresses across the following 3
stages:
        (1) A school or district is "trauma aware" when it:
            (A) has personnel that demonstrate a foundational
        understanding of a broad definition of trauma that is
        developmentally and culturally based; includes
        students, personnel, and communities; and recognizes
        the potential effect on biological, cognitive,
        academic, and social-emotional functioning; and
            (B) recognizes that traumatic exposure can impact
        behavior and learning and should be acknowledged in
        policies, strategies, and systems of support for
        students, families, and personnel.
        (2) A school or district is "trauma responsive" when
    it progresses from awareness to action in the areas of
    policy, practice, and structural changes within a
    multi-tiered system of support to promote safety, positive
    relationships, and self-regulation while underscoring the
    importance of personal well-being and cultural
    responsiveness. Such progress may:
            (A) be aligned with the Illinois Quality Framework
        and integrated into a school or district's continuous
        improvement process as evidence to support allocation
        of financial resources;
            (B) be assessed and monitored by a
        multidisciplinary leadership team on an ongoing basis;
        and
            (C) involve the engagement and capacity building
        of personnel at all levels to ensure that adults in the
        learning environment are prepared to recognize and
        respond to those impacted by trauma.
        (3) A school or district is healing centered when it
    acknowledges its role and responsibility to the community,
    fully responds to trauma, and promotes resilience and
    healing through genuine, trusting, and creative
    relationships. Such school schools or district districts
    may:
            (A) promote holistic and collaborative approaches
        that are grounded in culture, spirituality, civic
        engagement, and equity; and
            (B) support agency within individuals, families,
        and communities while engaging people in collective
        action that moves from transactional to
        transformational.
    "Whole child" means using a child-centered, holistic,
equitable lens across all systems that prioritizes physical,
mental, and social-emotional health to ensure that every child
is healthy, safe, supported, challenged, engaged, and
protected.
    Starting with the 2024-2025 school year, the teachers
institutes shall provide instruction on trauma-informed
practices and include the definitions of trauma,
trauma-responsive learning environments, and whole child set
forth in this subsection (b) before the first student
attendance day of each school year.
(Source: P.A. 103-413, eff. 1-1-24; revised 11-27-23.)
 
    (Text of Section after amendment by P.A. 103-542)
    Sec. 3-11. Institutes or inservice training workshops.
    (a) In counties of less than 2,000,000 inhabitants, the
regional superintendent may arrange for or conduct district,
regional, or county institutes, or equivalent professional
educational experiences, not more than 4 days annually. Of
those 4 days, 2 days may be used as a teachers, administrators,
and school support personnel workshop, when approved by the
regional superintendent, up to 2 days may be used for
conducting parent-teacher conferences, or up to 2 days may be
utilized as parental institute days as provided in Section
10-22.18d. School support personnel may be exempt from a
workshop if the workshop is not relevant to the work they do. A
school district may use one of its 4 institute days on the last
day of the school term. "Institute" or "Professional
educational experiences" means any educational gathering,
demonstration of methods of instruction, visitation of schools
or other institutions or facilities, sexual abuse and sexual
assault awareness seminar, or training in First Aid (which may
include cardiopulmonary resuscitation or defibrillator
training) held or approved by the regional superintendent and
declared by the regional superintendent him to be an institute
day, or parent-teacher conferences. With the concurrence of
the State Superintendent of Education, the regional
superintendent may employ such assistance as is necessary to
conduct the institute. Two or more adjoining counties may
jointly hold an institute. Institute instruction shall be free
to holders of licenses good in the county or counties holding
the institute and to those who have paid an examination fee and
failed to receive a license.
    In counties of 2,000,000 or more inhabitants, the regional
superintendent may arrange for or conduct district, regional,
or county inservice training workshops, or equivalent
professional educational experiences, not more than 4 days
annually. Of those 4 days, 2 days may be used as a teachers,
administrators, and school support personnel workshop, when
approved by the regional superintendent, up to 2 days may be
used for conducting parent-teacher conferences, or up to 2
days may be utilized as parental institute days as provided in
Section 10-22.18d. School support personnel may be exempt from
a workshop if the workshop is not relevant to the work they do.
A school district may use one of those 4 days on the last day
of the school term. "Inservice Training Workshops" or
"Professional educational experiences" means any educational
gathering, demonstration of methods of instruction, visitation
of schools or other institutions or facilities, sexual abuse
and sexual assault awareness seminar, or training in First Aid
(which may include cardiopulmonary resuscitation or
defibrillator training) held or approved by the regional
superintendent and declared by the regional superintendent to
be an inservice training workshop, or parent-teacher
conferences. With the concurrence of the State Superintendent
of Education, the regional superintendent may employ such
assistance as is necessary to conduct the inservice training
workshop. With the approval of the regional superintendent, 2
or more adjoining districts may jointly hold an inservice
training workshop. In addition, with the approval of the
regional superintendent, one district may conduct its own
inservice training workshop with subject matter consultants
requested from the county, State or any State institution of
higher learning.
    Such institutes as referred to in this Section may be held
on consecutive or separate days at the option of the regional
superintendent having jurisdiction thereof.
    Whenever reference is made in this Act to "institute", it
shall be construed to include the inservice training workshops
or equivalent professional educational experiences provided
for in this Section.
    Any institute advisory committee existing on April 1,
1995, is dissolved and the duties and responsibilities of the
institute advisory committee are assumed by the regional
office of education advisory board.
    Districts providing inservice training programs shall
constitute inservice committees, 1/2 of which shall be
teachers, 1/4 school service personnel and 1/4 administrators
to establish program content and schedules.
    In addition to other topics not listed in this Section,
the teachers institutes may include training committed to
health conditions of students; social-emotional learning;
developing cultural competency; identifying warning signs of
mental illness and suicidal behavior in youth; domestic and
sexual violence and the needs of expectant and parenting
youth; protections and accommodations for students; educator
ethics; responding to child sexual abuse and grooming
behavior; and effective instruction in violence prevention and
conflict resolution. Institute programs in these topics shall
be credited toward hours of professional development required
for license renewal as outlined in subsection (e) of Section
21B-45.
    (b) In this subsection (b):
    "Trauma" is defined according to an event, an experience,
and effects. Individual trauma results from an event, series
of events, or set of circumstances that is experienced by an
individual as physically or emotionally harmful or life
threatening and that has lasting adverse effects on the
individual's functioning and mental, physical, social, or
emotional well-being. Collective trauma is a psychological
reaction to a traumatic event shared by any group of people.
This may include, but is not limited to, community violence,
experiencing racism and discrimination, and the lack of the
essential supports for well-being, such as educational or
economic opportunities, food, health care, housing, and
community cohesion. Trauma can be experienced by anyone,
though it is disproportionately experienced by members of
marginalized groups. Systemic and historical oppression, such
as racism, is often at the root of this inequity. Symptoms may
vary at different developmental stages and across different
cultural groups and different communities.
    "Trauma-responsive learning environments" means learning
environments developed during an ongoing, multiyear-long
process that typically progresses across the following 3
stages:
        (1) A school or district is "trauma aware" when it:
            (A) has personnel that demonstrate a foundational
        understanding of a broad definition of trauma that is
        developmentally and culturally based; includes
        students, personnel, and communities; and recognizes
        the potential effect on biological, cognitive,
        academic, and social-emotional functioning; and
            (B) recognizes that traumatic exposure can impact
        behavior and learning and should be acknowledged in
        policies, strategies, and systems of support for
        students, families, and personnel.
        (2) A school or district is "trauma responsive" when
    it progresses from awareness to action in the areas of
    policy, practice, and structural changes within a
    multi-tiered system of support to promote safety, positive
    relationships, and self-regulation while underscoring the
    importance of personal well-being and cultural
    responsiveness. Such progress may:
            (A) be aligned with the Illinois Quality Framework
        and integrated into a school or district's continuous
        improvement process as evidence to support allocation
        of financial resources;
            (B) be assessed and monitored by a
        multidisciplinary leadership team on an ongoing basis;
        and
            (C) involve the engagement and capacity building
        of personnel at all levels to ensure that adults in the
        learning environment are prepared to recognize and
        respond to those impacted by trauma.
        (3) A school or district is healing centered when it
    acknowledges its role and responsibility to the community,
    fully responds to trauma, and promotes resilience and
    healing through genuine, trusting, and creative
    relationships. Such school schools or district districts
    may:
            (A) promote holistic and collaborative approaches
        that are grounded in culture, spirituality, civic
        engagement, and equity; and
            (B) support agency within individuals, families,
        and communities while engaging people in collective
        action that moves from transactional to
        transformational.
    "Whole child" means using a child-centered, holistic,
equitable lens across all systems that prioritizes physical,
mental, and social-emotional health to ensure that every child
is healthy, safe, supported, challenged, engaged, and
protected.
    Starting with the 2024-2025 school year, the teachers
institutes shall provide instruction on trauma-informed
practices and include the definitions of trauma,
trauma-responsive learning environments, and whole child set
forth in this subsection (b) before the first student
attendance day of each school year.
(Source: P.A. 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see
Section 905 of P.A. 103-563 for effective date of P.A.
103-542); revised 11-27-23.)
 
    (105 ILCS 5/10-17a)
    Sec. 10-17a. State, school district, and school report
cards; Expanded High School Snapshot Report.
    (1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economical means provide to each school
district in this State, including special charter districts
and districts subject to the provisions of Article 34, the
report cards for the school district and each of its schools.
Because of the impacts of the COVID-19 public health emergency
during school year 2020-2021, the State Board of Education
shall have until December 31, 2021 to prepare and provide the
report cards that would otherwise be due by October 31, 2021.
During a school year in which the Governor has declared a
disaster due to a public health emergency pursuant to Section
7 of the Illinois Emergency Management Agency Act, the report
cards for the school districts and each of its schools shall be
prepared by December 31.
    (2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators
and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
        (A) school characteristics and student demographics,
    including average class size, average teaching experience,
    student racial/ethnic breakdown, and the percentage of
    students classified as low-income; the percentage of
    students classified as English learners, the number of
    students who graduate from a bilingual or English learner
    program, and the number of students who graduate from,
    transfer from, or otherwise leave bilingual programs; the
    percentage of students who have individualized education
    plans or 504 plans that provide for special education
    services; the number and the percentage of all students in
    grades kindergarten through 8, disaggregated by the
    student students demographics described in this paragraph
    (A), in each of the following categories: (i) those who
    have been assessed for placement in a gifted education
    program or accelerated placement, (ii) those who have
    enrolled in a gifted education program or in accelerated
    placement, and (iii) for each of categories (i) and (ii),
    those who received direct instruction from a teacher who
    holds a gifted education endorsement; the number and the
    percentage of all students in grades 9 through 12,
    disaggregated by the student demographics described in
    this paragraph (A), who have been enrolled in an advanced
    academic program; the percentage of students scoring at
    the "exceeds expectations" level on the assessments
    required under Section 2-3.64a-5 of this Code; the
    percentage of students who annually transferred in or out
    of the school district; average daily attendance; the
    per-pupil operating expenditure of the school district;
    and the per-pupil State average operating expenditure for
    the district type (elementary, high school, or unit);
        (B) curriculum information, including, where
    applicable, Advanced Placement, International
    Baccalaureate or equivalent courses, dual credit courses,
    foreign language classes, computer science courses, school
    personnel resources (including Career Technical Education
    teachers), before and after school programs,
    extracurricular activities, subjects in which elective
    classes are offered, health and wellness initiatives
    (including the average number of days of Physical
    Education per week per student), approved programs of
    study, awards received, community partnerships, and
    special programs such as programming for the gifted and
    talented, students with disabilities, and work-study
    students;
        (C) student outcomes, including, where applicable, the
    percentage of students deemed proficient on assessments of
    State standards, the percentage of students in the eighth
    grade who pass Algebra, the percentage of students who
    participated in workplace learning experiences, the
    percentage of students enrolled in post-secondary
    institutions (including colleges, universities, community
    colleges, trade/vocational schools, and training programs
    leading to career certification within 2 semesters of high
    school graduation), the percentage of students graduating
    from high school who are college and career ready, the
    percentage of graduates enrolled in community colleges,
    colleges, and universities who are in one or more courses
    that the community college, college, or university
    identifies as a developmental course, and the percentage
    of students with disabilities under the federal
    Individuals with Disabilities Education Act and Article 14
    of this Code who have fulfilled the minimum State
    graduation requirements set forth in Section 27-22 of this
    Code and have been issued a regular high school diploma;
        (D) student progress, including, where applicable, the
    percentage of students in the ninth grade who have earned
    5 credits or more without failing more than one core
    class, a measure of students entering kindergarten ready
    to learn, a measure of growth, and the percentage of
    students who enter high school on track for college and
    career readiness;
        (E) the school environment, including, where
    applicable, high school dropout rate by grade level, the
    percentage of students with less than 10 absences in a
    school year, the percentage of teachers with less than 10
    absences in a school year for reasons other than
    professional development, leaves taken pursuant to the
    federal Family Medical Leave Act of 1993, long-term
    disability, or parental leaves, the 3-year average of the
    percentage of teachers returning to the school from the
    previous year, the number of different principals at the
    school in the last 6 years, the number of teachers who hold
    a gifted education endorsement, the process and criteria
    used by the district to determine whether a student is
    eligible for participation in a gifted education program
    or advanced academic program and the manner in which
    parents and guardians are made aware of the process and
    criteria, the number of teachers who are National Board
    Certified Teachers, disaggregated by race and ethnicity, 2
    or more indicators from any school climate survey selected
    or approved by the State and administered pursuant to
    Section 2-3.153 of this Code, with the same or similar
    indicators included on school report cards for all surveys
    selected or approved by the State pursuant to Section
    2-3.153 of this Code, the combined percentage of teachers
    rated as proficient or excellent in their most recent
    evaluation, and, beginning with the 2022-2023 school year,
    data on the number of incidents of violence that occurred
    on school grounds or during school-related activities and
    that resulted in an out-of-school suspension, expulsion,
    or removal to an alternative setting, as reported pursuant
    to Section 2-3.162;
        (F) a school district's and its individual schools'
    balanced accountability measure, in accordance with
    Section 2-3.25a of this Code;
        (G) the total and per pupil normal cost amount the
    State contributed to the Teachers' Retirement System of
    the State of Illinois in the prior fiscal year for the
    school's employees, which shall be reported to the State
    Board of Education by the Teachers' Retirement System of
    the State of Illinois;
        (H) for a school district organized under Article 34
    of this Code only, State contributions to the Public
    School Teachers' Pension and Retirement Fund of Chicago
    and State contributions for health care for employees of
    that school district;
        (I) a school district's Final Percent of Adequacy, as
    defined in paragraph (4) of subsection (f) of Section
    18-8.15 of this Code;
        (J) a school district's Local Capacity Target, as
    defined in paragraph (2) of subsection (c) of Section
    18-8.15 of this Code, displayed as a percentage amount;
        (K) a school district's Real Receipts, as defined in
    paragraph (1) of subsection (d) of Section 18-8.15 of this
    Code, divided by a school district's Adequacy Target, as
    defined in paragraph (1) of subsection (b) of Section
    18-8.15 of this Code, displayed as a percentage amount;
        (L) a school district's administrative costs;
        (M) whether or not the school has participated in the
    Illinois Youth Survey. In this paragraph (M), "Illinois
    Youth Survey" means a self-report survey, administered in
    school settings every 2 years, designed to gather
    information about health and social indicators, including
    substance abuse patterns and the attitudes of students in
    grades 8, 10, and 12;
        (N) whether the school offered its students career and
    technical education opportunities; and
        (O) beginning Beginning with the October 2024 report
    card, the total number of school counselors, school social
    workers, school nurses, and school psychologists by
    school, district, and State, the average number of
    students per school counselor in the school, district, and
    State, the average number of students per school social
    worker in the school, district, and State, the average
    number of students per school nurse in the school,
    district, and State, and the average number of students
    per school psychologist in the school, district, and
    State.
    The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
    As used in this subsection (2):
    "Accelerated placement" has the meaning ascribed to that
term in Section 14A-17 of this Code.
    "Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
    "Advanced academic program" means a course of study,
including, but not limited to, accelerated placement, advanced
placement coursework, International Baccalaureate coursework,
dual credit, or any course designated as enriched or honors,
that a student is enrolled in based on advanced cognitive
ability or advanced academic achievement compared to local age
peers and in which the curriculum is substantially
differentiated from the general curriculum to provide
appropriate challenge and pace.
    "Computer science" means the study of computers and
algorithms, including their principles, their hardware and
software designs, their implementation, and their impact on
society. "Computer science" does not include the study of
everyday uses of computers and computer applications, such as
keyboarding or accessing the Internet.
    "Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
    For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance
by Section 26-1 of this Code at each school and charter school.
    (2.5) For any school report card prepared after July 1,
2025, for all high school graduation completion rates that are
reported on the school report card as required under this
Section or by any other State or federal law, the State
Superintendent of Education shall also report the percentage
of students who did not meet the requirements of high school
graduation completion for any reason and, of those students,
the percentage that are classified as students who fulfill the
requirements of Section 14-16 of this Code.
    The State Superintendent shall ensure that for the
2023-2024 school year there is a specific code for districts
to report students who fulfill the requirements of Section
14-16 of this Code to ensure accurate reporting under this
Section.
    All reporting requirements under this subsection (2.5)
shall be included on the school report card where high school
graduation completion rates are reported, along with a brief
explanation of how fulfilling the requirements of Section
14-16 of this Code is different from receiving a regular high
school diploma.
    (3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information
relating to the operating expense per pupil and other finances
of the school district, and the State report card shall
include a subset of the information identified in paragraphs
(A) through (E) and paragraph (N) of subsection (2) of this
Section. The school district report card shall include the
average daily attendance, as that term is defined in
subsection (2) of this Section, of students who have
individualized education programs and students who have 504
plans that provide for special education services within the
school district.
    (4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
    (5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of
general circulation serving the district, and, upon request,
send the report cards home to a parent (unless the district
does not maintain an Internet web site, in which case the
report card shall be sent home to parents without request). If
the district posts the report card on its Internet web site,
the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of
the report card will be sent to parents upon request, and (iv)
the telephone number that parents may call to request a
printed copy of the report card.
    (6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
    (7) As used in this subsection (7):
    "Advanced-track coursework or programs" means any high
school courses, sequence of courses, or class or grouping of
students organized to provide more rigorous, enriched,
advanced, accelerated, gifted, or above grade-level
instruction. This may include, but is not limited to, Advanced
Placement courses, International Baccalaureate courses,
honors, weighted, advanced, or enriched courses, or gifted or
accelerated programs, classrooms, or courses.
    "Course" means any high school class or course offered by
a school that is assigned a school course code by the State
Board of Education.
    "English learner coursework or English learner program"
means a high school English learner course or program
designated to serve English learners, who may be designated as
English language learners or limited English proficiency
learners.
    "Standard coursework or programs" means any high school
courses or classes other than advanced-track coursework or
programs, English learner coursework or programs, or special
education coursework or programs.
    By October 31, 2027 and by October 31 of each subsequent
year, the State Board of Education, through the State
Superintendent of Education, shall prepare a stand-alone
report covering high schools, to be referred to as the
Expanded High School Snapshot Report. The State Board shall
post the Report on the State Board's Internet website. Each
school district with a high school shall include on the school
district's Internet website, if the district maintains an
Internet website, a hyperlink to the Report on the State
Board's Internet website titled "Expanded High School Snapshot
Report". Hyperlinks under this subsection (7) shall be
displayed in a manner that is easily accessible to the public.
    The Expanded High School Snapshot Report shall include:
        (A) a listing of all standard coursework or programs
    offered by a high school;
        (B) a listing of all advanced-track coursework or
    programs offered by a high school;
        (C) a listing of all English learner coursework or
    programs offered by a high school;
        (D) a listing of all special education coursework or
    programs offered by a high school;
        (E) data tables and graphs comparing advanced-track
    coursework or programs with standard coursework or
    programs according to the following parameters:
            (i) the average years of experience of all
        teachers in a high school who are assigned to teach
        advanced-track coursework or programs compared with
        the average years of experience of all teachers in the
        high school who are assigned to teach standard
        coursework or programs;
            (ii) the average years of experience of all
        teachers in a high school who are assigned to teach
        special education coursework or programs compared with
        the average years of experience of all teachers in the
        high school who are assigned to teach standard
        coursework or programs;
            (iii) the average years of experience of all
        teachers in a high school who are assigned to teach
        English learner coursework or programs compared with
        the average years of experience of all teachers in the
        high school who are assigned to teach standard
        coursework or programs;
            (iv) the number of high school teachers who
        possess bachelor's, master's, or doctorate degrees and
        who are assigned to teach advanced-track courses or
        programs compared with the number of teachers who
        possess bachelor's, master's, or doctorate degrees and
        who are assigned to teach standard coursework or
        programs;
            (v) the number of high school teachers who possess
        bachelor's, master's, or doctorate degrees and who are
        assigned to teach special education coursework or
        programs compared with the number of teachers who
        possess bachelor's, master's, or doctorate degrees and
        who are assigned to teach standard coursework or
        programs;
            (vi) the number of high school teachers who
        possess bachelor's, master's, or doctorate degrees and
        who are assigned to teach English learner coursework
        or programs compared with the number of teachers who
        possess bachelor's, master's, or doctorate degrees and
        who are assigned to teach standard coursework or
        programs;
            (vii) the average student enrollment and class
        size of advanced-track coursework or programs offered
        in a high school compared with the average student
        enrollment and class size of standard coursework or
        programs;
            (viii) the percentages of students delineated by
        gender who are enrolled in advanced-track coursework
        or programs in a high school compared with the gender
        of students enrolled in standard coursework or
        programs;
            (ix) the percentages of students delineated by
        gender who are enrolled in special education
        coursework or programs in a high school compared with
        the percentages of students enrolled in standard
        coursework or programs;
            (x) the percentages of students delineated by
        gender who are enrolled in English learner coursework
        or programs in a high school compared with the gender
        of students enrolled in standard coursework or
        programs;
            (xi) the percentages of high school students in
        each individual race and ethnicity category, as
        defined in the most recent federal decennial census,
        who are enrolled in advanced-track coursework or
        programs compared with the percentages of students in
        each individual race and ethnicity category enrolled
        in standard coursework or programs;
            (xii) the percentages of high school students in
        each of the race and ethnicity categories, as defined
        in the most recent federal decennial census, who are
        enrolled in special education coursework or programs
        compared with the percentages of students in each of
        the race and ethnicity categories who are enrolled in
        standard coursework or programs;
            (xiii) the percentages of high school students in
        each of the race and ethnicity categories, as defined
        in the most recent federal decennial census, who are
        enrolled in English learner coursework or programs in
        a high school compared with the percentages of high
        school students in each of the race and ethnicity
        categories who are enrolled in standard coursework or
        programs;
            (xiv) the percentage of high school students who
        reach proficiency (the equivalent of a C grade or
        higher on a grade A through F scale) in advanced-track
        coursework or programs compared with the percentage of
        students who earn proficiency (the equivalent of a C
        grade or higher on a grade A through F scale) in
        standard coursework or programs;
            (xv) the percentage of high school students who
        reach proficiency (the equivalent of a C grade or
        higher on a grade A through F scale) in special
        education coursework or programs compared with the
        percentage of high school students who earn
        proficiency (the equivalent of a C grade or higher on a
        grade A through F scale) in standard coursework or
        programs; and
            (xvi) the percentage of high school students who
        reach proficiency (the equivalent of a C grade or
        higher on a grade A through F scale) in English learner
        coursework or programs compared with the percentage of
        high school students who earn proficiency (the
        equivalent of a C grade or higher on a grade A through
        F scale) in standard coursework or programs; and
        (F) data tables and graphs for each race and ethnicity
    category, as defined in the most recent federal decennial
    census, and gender category, as defined in the most recent
    federal decennial census, describing:
            (i) the total number of Advanced Placement courses
        taken by race and ethnicity category and gender
        category, as defined in the most recent federal
        decennial census;
            (ii) the total number of International
        Baccalaureate courses taken by race and ethnicity
        category and gender category, as defined in the most
        recent federal decennial census;
            (iii) for each race and ethnicity category and
        gender category, as defined in the most recent federal
        decennial census, the percentage of high school
        students enrolled in Advanced Placement courses;
            (iv) for each race and ethnicity category and
        gender category, as defined in the most recent federal
        decennial census, the percentage of high school
        students enrolled in International Baccalaureate
        courses; and
            (v) for each race and ethnicity category, as
        defined in the most recent federal decennial census,
        the total number and percentage of high school
        students who earn a score of 3 or higher on the
        Advanced Placement exam associated with an Advanced
        Placement course.
    For data on teacher experience and education under this
subsection (7), a teacher who teaches a combination of courses
designated as advanced-track coursework or programs, English
learner coursework or programs, or standard coursework or
programs shall be included in all relevant categories and the
teacher's level of experience shall be added to the
categories.
(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22;
102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff.
7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263,
eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24;
revised 9-12-23.)
 
    (105 ILCS 5/10-20.67)
    Sec. 10-20.67. Short-term substitute teacher training.
    (a) Each school board shall, in collaboration with its
teachers or, if applicable, the exclusive bargaining
representative of its teachers, jointly develop a short-term
substitute teacher training program that provides individuals
who hold a Short-Term Substitute Teaching License under
Section 21B-20 of this Code with information on curriculum,
classroom management techniques, school safety, and district
and building operations. The State Board of Education may
develop a model short-term substitute teacher training program
for use by a school board under this subsection (a) if the
school board and its teachers or, if applicable, the exclusive
bargaining representative of its teachers agree to use the
State Board's model. A school board with a substitute teacher
training program in place before July 1, 2018 (the effective
date of Public Act 100-596) may utilize that program to
satisfy the requirements of this subsection (a).
    (b) Nothing in this Section prohibits a school board from
offering substitute training to substitute teachers licensed
under paragraph (3) of Section 21B-20 of this Code or to
substitute teachers holding a Professional Educator License.
    (c) (Blank).
(Source: P.A. 103-111, eff. 6-29-23; revised 9-20-23.)
 
    (105 ILCS 5/10-20.85)
    Sec. 10-20.85. Trauma kit.
    (a) In this Section, "trauma kit" means a first aid
response kit that contains, at a minimum, all of the
following:
        (1) One tourniquet endorsed by the Committee on
    Tactical Combat Casualty Care.
        (2) One compression bandage.
        (3) One hemostatic bleeding control dressing endorsed
    by the Committee on Tactical Combat Casualty Care.
        (4) Protective gloves and a marker.
        (5) Scissors.
        (6) Instructional documents developed by the Stop the
    Bleed national awareness campaign of the United States
    Department of Homeland Security or the American College of
    Surgeons' Committee on Trauma, or both.
        (7) Any other medical materials or equipment similar
    to those described in paragraphs (1) through (3) or any
    other items that (i) are approved by a local law
    enforcement agency or first responders, (ii) can
    adequately treat a traumatic injury, and (iii) can be
    stored in a readily available kit.
    (b) Each school district may maintain an on-site trauma
kit at each school of the district for bleeding emergencies.
    (c) Products purchased for the trauma kit, including those
products endorsed by the Committee on Tactical Combat Casualty
Care, shall, whenever possible, be manufactured in the United
States.
(Source: P.A. 103-128, eff. 6-30-23.)
 
    (105 ILCS 5/10-20.86)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 10-20.86 10-20.85. Community input on local
assessments.
    (a) As used in this Section, "district-administered
assessment" means an assessment that requires all student test
takers at any grade level to answer the same questions, or a
selection of questions from a common bank of questions, in the
same manner or substantially the same questions in the same
manner. The term does not include an observational assessment
tool used to satisfy the requirements of Section 2-3.64a-10 of
this Code or an assessment developed by district teachers or
administrators that will be used to measure student progress
at an attendance center within the school district.
    (b) Prior to approving a new contract for any
district-administered assessment, a school board must hold a
public vote at a regular meeting of the school board, at which
the terms of the proposal must be substantially presented and
an opportunity for allowing public comments must be provided,
subject to applicable notice requirements. However, if the
assessment being made available to review is subject to
copyright, trademark, or other intellectual property
protection, the review process shall include technical and
procedural safeguards to ensure that the materials are not
able to be widely disseminated to the general public in
violation of the intellectual property rights of the publisher
and to ensure content validity is not undermined.
(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)
 
    (105 ILCS 5/10-22.3f)
    Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g, 356g.5, 356g.5-1,
356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,
356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and
356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70
of the Illinois Insurance Code. Insurance policies shall
comply with Section 356z.19 of the Illinois Insurance Code.
The coverage shall comply with Sections 155.22a, 355b, and
370c of the Illinois Insurance Code. The Department of
Insurance shall enforce the requirements of this Section.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804,
eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff.
1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420,
eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23;
103-551, eff. 8-11-23; revised 8-29-23.)
 
    (105 ILCS 5/10-22.36)  (from Ch. 122, par. 10-22.36)
    Sec. 10-22.36. Buildings for school purposes.
    (a) To build or purchase a building for school classroom
or instructional purposes upon the approval of a majority of
the voters upon the proposition at a referendum held for such
purpose or in accordance with Section 17-2.11, 19-3.5, or
19-3.10. The board may initiate such referendum by resolution.
The board shall certify the resolution and proposition to the
proper election authority for submission in accordance with
the general election law.
    The questions of building one or more new buildings for
school purposes or office facilities, and issuing bonds for
the purpose of borrowing money to purchase one or more
buildings or sites for such buildings or office sites, to
build one or more new buildings for school purposes or office
facilities or to make additions and improvements to existing
school buildings, may be combined into one or more
propositions on the ballot.
    Before erecting, or purchasing or remodeling such a
building the board shall submit the plans and specifications
respecting heating, ventilating, lighting, seating, water
supply, toilets and safety against fire to the regional
superintendent of schools having supervision and control over
the district, for approval in accordance with Section 2-3.12.
    Notwithstanding any of the foregoing, no referendum shall
be required if the purchase, construction, or building of any
such building (1) occurs while the building is being leased by
the school district or (2) is paid with (A) funds derived from
the sale or disposition of other buildings, land, or
structures of the school district or (B) funds received (i) as
a grant under the School Construction Law or (ii) as gifts or
donations, provided that no funds to purchase, construct, or
build such building, other than lease payments, are derived
from the district's bonded indebtedness or the tax levy of the
district.
    Notwithstanding any of the foregoing, no referendum shall
be required if the purchase, construction, or building of any
such building is paid with funds received from the County
School Facility and Resources Occupation Tax Law under Section
5-1006.7 of the Counties Code or from the proceeds of bonds or
other debt obligations secured by revenues obtained from that
Law.
    Notwithstanding any of the foregoing, for Decatur School
District Number 61, no referendum shall be required if at
least 50% of the cost of the purchase, construction, or
building of any such building is paid, or will be paid, with
funds received or expected to be received as part of, or
otherwise derived from, any COVID-19 pandemic relief program
or funding source, including, but not limited to, Elementary
and Secondary School Emergency Relief Fund grant proceeds.
    (b) Notwithstanding the provisions of subsection (a), for
any school district: (i) that is a tier 1 school, (ii) that has
a population of less than 50,000 inhabitants, (iii) whose
student population is between 5,800 and 6,300, (iv) in which
57% to 62% of students are low-income, and (v) whose average
district spending is between $10,000 to $12,000 per pupil,
until July 1, 2025, no referendum shall be required if at least
50% of the cost of the purchase, construction, or building of
any such building is paid, or will be paid, with funds received
or expected to be received as part of, or otherwise derived
from, the federal Consolidated Appropriations Act and the
federal American Rescue Plan Act of 2021.
    For this subsection (b), the school board must hold at
least 2 public hearings, the sole purpose of which shall be to
discuss the decision to construct a school building and to
receive input from the community. The notice of each public
hearing that sets forth the time, date, place, and name or
description of the school building that the school board is
considering constructing must be provided at least 10 days
prior to the hearing by publication on the school board's
Internet website.
    (c) Notwithstanding the provisions of subsections
subsection (a) and (b), for Cahokia Community Unit School
District 187, no referendum shall be required for the lease of
any building for school or educational purposes if the cost is
paid or will be paid with funds available at the time of the
lease in the district's existing fund balances to fund the
lease of a building during the 2023-2024 or 2024-2025 school
year.
    For the purposes of this subsection (c), the school board
must hold at least 2 public hearings, the sole purpose of which
shall be to discuss the decision to lease a school building and
to receive input from the community. The notice of each public
hearing that sets forth the time, date, place, and name or
description of the school building that the school board is
considering leasing must be provided at least 10 days prior to
the hearing by publication on the school district's website.
    (d) (c) Notwithstanding the provisions of subsections
subsection (a) and (b), for Bloomington School District 87, no
referendum shall be required for the purchase, construction,
or building of any building for school or education purposes
if such cost is paid, or will be paid with funds available at
the time of contract, purchase, construction, or building in
Bloomington School District Number 87's existing fund balances
to fund the procurement or requisition of a building or site
during the 2022-2023, 2023-2024, or 2024-2025 school year
years.
    For this subsection (d) (c), the school board must hold at
least 2 public hearings, the sole purpose of which shall be to
discuss the decision to construct a school building and to
receive input from the community. The notice of each public
hearing that sets forth the time, date, place, and name or
description of the school building that the school board is
considering constructing must be provided at least 10 days
prior to the hearing by publication on the school board's
website.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;
103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)
 
    (105 ILCS 5/10-22.39)
    (Text of Section before amendment by P.A. 103-41 and P.A.
103-542)
    Sec. 10-22.39. In-service training programs.
    (a) To conduct in-service training programs for teachers.
    (b) In addition to other topics at in-service training
programs, at least once every 2 years, licensed school
personnel and administrators who work with pupils in
kindergarten through grade 12 shall be trained to identify the
warning signs of mental illness, trauma, and suicidal behavior
in youth and shall be taught appropriate intervention and
referral techniques. A school district may utilize the
Illinois Mental Health First Aid training program, established
under the Illinois Mental Health First Aid Training Act and
administered by certified instructors trained by a national
association recognized as an authority in behavioral health,
to provide the training and meet the requirements under this
subsection. If licensed school personnel or an administrator
obtains mental health first aid training outside of an
in-service training program, he or she may present a
certificate of successful completion of the training to the
school district to satisfy the requirements of this
subsection.
    Training regarding the implementation of trauma-informed
practices satisfies the requirements of this subsection (b).
    A course of instruction as described in this subsection
(b) must include the definitions of trauma, trauma-responsive
learning environments, and whole child set forth in subsection
(b) of Section 3-11 of this Code and may provide information
that is relevant to and within the scope of the duties of
licensed school personnel or school administrators. Such
information may include, but is not limited to:
        (1) the recognition of and care for trauma in students
    and staff;
        (2) the relationship between educator wellness and
    student learning;
        (3) the effect of trauma on student behavior and
    learning;
        (4) the prevalence of trauma among students, including
    the prevalence of trauma among student populations at
    higher risk of experiencing trauma;
        (5) the effects of implicit or explicit bias on
    recognizing trauma among various student groups in
    connection with race, ethnicity, gender identity, sexual
    orientation, socio-economic status, and other relevant
    factors; and
        (6) effective district practices that are shown to:
            (A) prevent and mitigate the negative effect of
        trauma on student behavior and learning; and
            (B) support the emotional wellness of staff.
    (c) School counselors, nurses, teachers and other school
personnel who work with pupils may be trained to have a basic
knowledge of matters relating to acquired immunodeficiency
syndrome (AIDS), including the nature of the disease, its
causes and effects, the means of detecting it and preventing
its transmission, and the availability of appropriate sources
of counseling and referral, and any other information that may
be appropriate considering the age and grade level of such
pupils. The School Board shall supervise such training. The
State Board of Education and the Department of Public Health
shall jointly develop standards for such training.
    (d) In this subsection (d):
    "Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act
of 1986.
    "Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 or the Criminal Code of 2012 in Sections 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including
sexual violence committed by perpetrators who are strangers to
the victim and sexual violence committed by perpetrators who
are known or related by blood or marriage to the victim.
    At least once every 2 years, an in-service training
program for school personnel who work with pupils, including,
but not limited to, school and school district administrators,
teachers, school social workers, school counselors, school
psychologists, and school nurses, must be conducted by persons
with expertise in domestic and sexual violence and the needs
of expectant and parenting youth and shall include training
concerning (i) communicating with and listening to youth
victims of domestic or sexual violence and expectant and
parenting youth, (ii) connecting youth victims of domestic or
sexual violence and expectant and parenting youth to
appropriate in-school services and other agencies, programs,
and services as needed, and (iii) implementing the school
district's policies, procedures, and protocols with regard to
such youth, including confidentiality. At a minimum, school
personnel must be trained to understand, provide information
and referrals, and address issues pertaining to youth who are
parents, expectant parents, or victims of domestic or sexual
violence.
    (e) At least every 2 years, an in-service training program
for school personnel who work with pupils must be conducted by
persons with expertise in anaphylactic reactions and
management.
    (f) At least once every 2 years, a school board shall
conduct in-service training on educator ethics,
teacher-student conduct, and school employee-student conduct
for all personnel.
    (g) At least once every 2 years, a school board shall
conduct in-service training for all school district employees
on the methods to respond to trauma. The training must include
instruction on how to respond to an incident involving
life-threatening bleeding and, if applicable, how to use a
school's trauma kit. A school board may satisfy the training
requirements under this subsection by using the training,
including online training, available from the American College
of Surgeons or any other similar organization.
    School district employees who are trained to respond to
trauma pursuant to this subsection (g) shall be immune from
civil liability in the use of a trauma kit unless the action
constitutes willful or wanton misconduct.
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff.
1-1-24; revised 11-27-23.)
 
    (Text of Section after amendment by P.A. 103-542 but
before amendment by P.A. 103-41)
    Sec. 10-22.39. In-service training programs.
    (a) To conduct in-service training programs for teachers,
administrators, and school support personnel.
    (b) In addition to other topics at in-service training
programs listed in this Section, teachers, administrators, and
school support personnel who work with pupils must be trained
in the following topics: health conditions of students;
social-emotional learning; developing cultural competency;
identifying warning signs of mental illness and suicidal
behavior in youth; domestic and sexual violence and the needs
of expectant and parenting youth; protections and
accommodations for students; educator ethics; responding to
child sexual abuse and grooming behavior; and effective
instruction in violence prevention and conflict resolution.
In-service training programs in these topics shall be credited
toward hours of professional development required for license
renewal as outlined in subsection (e) of Section 21B-45.
    School support personnel may be exempt from in-service
training if the training is not relevant to the work they do.
    Nurses and school nurses, as defined by Section 10-22.23,
are exempt from training required in subsection (b-5).
    Beginning July 1, 2024, all teachers, administrators, and
school support personnel shall complete training as outlined
in Section 10-22.39 during an in-service training program
conducted by their school board or through other training
opportunities, including, but not limited to, institutes under
Section 3-11. Such training must be completed within 6 months
of employment by a school board and renewed at least once every
5 years, unless required more frequently by other State or
federal law or in accordance with this Section. If teachers,
administrators, or school support personnel obtain training
outside of an in-service training program or from a previous
public school district or nonpublic school employer, they may
present documentation showing current compliance with this
subsection to satisfy the requirement of receiving training
within 6 months of first being employed. Training may be
delivered through online, asynchronous means.
    (b-5) Training regarding health conditions of students for
staff required by this Section shall include, but is not
limited to:
        (1) Chronic health conditions of students.
        (2) Anaphylactic reactions and management. Such
    training shall be conducted by persons with expertise in
    anaphylactic reactions and management.
        (3) The management of asthma, the prevention of asthma
    symptoms, and emergency response in the school setting.
        (4) The basics of seizure recognition and first aid
    and appropriate emergency protocols. Such training must be
    fully consistent with the best practice guidelines issued
    by the Centers for Disease Control and Prevention.
        (5) The basics of diabetes care, how to identify when
    a student with diabetes needs immediate or emergency
    medical attention, and whom to contact in the case of an
    emergency.
        (6) Current best practices regarding the
    identification and treatment of attention deficit
    hyperactivity disorder.
        (7) Instruction on how to respond to an incident
    involving life-threatening bleeding and, if applicable,
    how to use a school's trauma kit. Beginning with the
    2024-2025 school year, training on life-threatening
    bleeding must be completed within 6 months of the employee
    first being employed by a school board and renewed within
    2 years. Beginning with the 2027-2028 school year, the
    training must be completed within 6 months of the employee
    first being employed by a school board and renewed at
    least once every 5 years thereafter.
    In consultation with professional organizations with
expertise in student health issues, including, but not limited
to, asthma management, anaphylactic reactions, seizure
recognition, and diabetes care, the State Board of Education
shall make available resource materials for educating school
personnel about student health conditions and emergency
response in the school setting.
    A school board may satisfy the life-threatening bleeding
training under this subsection by using the training,
including online training, available from the American College
of Surgeons or any other similar organization.
    (b-10) The training regarding social-emotional learning,
for staff required by this Section may include, at a minimum,
providing education to all school personnel about the content
of the Illinois Social and Emotional Learning Standards, how
those standards apply to everyday school interactions, and
examples of how social emotional learning can be integrated
into instructional practices across all grades and subjects.
    (b-15) The training regarding developing cultural
competency for staff required by this Section shall include,
but is not limited to, understanding and reducing implicit
bias, including implicit racial bias. As used in this
subsection, "implicit racial bias" has the meaning set forth
in Section 10-20.61.
    (b-20) The training regarding identifying warning signs of
mental illness, trauma, and suicidal behavior in youth for
staff required by this Section shall include, but is not
limited to, appropriate intervention and referral techniques,
including resources and guidelines as outlined in Section
2-3.166, and must include the definitions of trauma,
trauma-responsive learning environments, and whole child set
forth in subsection (b) of Section 3-11 of this Code.
    Illinois Mental Health First Aid training, established
under the Illinois Mental Health First Aid Training Act, may
satisfy the requirements of this subsection.
    If teachers, administrators, or school support personnel
obtain mental health first aid training outside of an
in-service training program, they may present a certificate of
successful completion of the training to the school district
to satisfy the requirements of this subsection. Training
regarding the implementation of trauma-informed practices
satisfies the requirements of this subsection.
    (b-25) As used in this subsection:
    "Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act
of 1986.
    "Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1,
12-15, and 12-16 of the Criminal Code of 2012, including
sexual violence committed by perpetrators who are strangers to
the victim and sexual violence committed by perpetrators who
are known or related by blood or marriage to the victim.
    The training regarding domestic and sexual violence and
the needs of expectant and parenting youth for staff required
by this Section must be conducted by persons with expertise in
domestic and sexual violence and the needs of expectant and
parenting youth, and shall include, but is not limited to:
        (1) communicating with and listening to youth victims
    of domestic or sexual violence and expectant and parenting
    youth;
        (2) connecting youth victims of domestic or sexual
    violence and expectant and parenting youth to appropriate
    in-school services and other agencies, programs, and
    services as needed;
        (3) implementing the school district's policies,
    procedures, and protocols with regard to such youth,
    including confidentiality; at . At a minimum, school
    personnel must be trained to understand, provide
    information and referrals, and address issues pertaining
    to youth who are parents, expectant parents, or victims of
    domestic or sexual violence; and
        (4) procedures for responding to incidents of teen
    dating violence that take place at the school, on school
    grounds, at school-sponsored activities, or in vehicles
    used for school-provided transportation as outlined in
    Section 3.10 of the Critical Health Problems and
    Comprehensive Health Education Act.
    (b-30) The training regarding protections and
accommodations for students shall include, but is not limited
to, instruction on the federal Americans with Disabilities
Act, as it pertains to the school environment, and
homelessness. Beginning with the 2024-2025 school year,
training on homelessness must be completed within 6 months of
an employee first being employed by a school board and renewed
within 2 years. Beginning with the 2027-2028 school year, the
training must be completed within 6 months of the employee
first being employed by a school board and renewed at least
once every 5 years thereafter. Training on homelessness shall
include the following:
        (1) the definition of homeless children and youths
    under 42 U.S.C. 11434a;
        (2) the signs of homelessness and housing insecurity;
        (3) the rights of students experiencing homelessness
    under State and federal law;
        (4) the steps to take when a homeless or
    housing-insecure student is identified; and
        (5) the appropriate referral techniques, including the
    name and contact number of the school or school district
    homeless liaison.
    School boards may work with a community-based organization
that specializes in working with homeless children and youth
to develop and provide the training.
    (b-35) The training regarding educator ethics and
responding to child sexual abuse and grooming behavior shall
include, but is not limited to, teacher-student conduct,
school employee-student conduct, and evidence-informed
training on preventing, recognizing, reporting, and responding
to child sexual abuse and grooming as outlined in Section
10-23.13.
    (b-40) The training regarding effective instruction in
violence prevention and conflict resolution required by this
Section shall be conducted in accordance with the requirements
of Section 27-23.4.
    (b-45) (c) Beginning July 1, 2024, all nonpublic
elementary and secondary school teachers, administrators, and
school support personnel shall complete the training set forth
in subsection (b-5). Training must be completed within 6
months of first being employed by a nonpublic school and
renewed at least once every 5 years, unless required more
frequently by other State or federal law. If nonpublic
teachers, administrators, or school support personnel obtain
training from a public school district or nonpublic school
employer, the teacher, administrator, or school support
personnel may present documentation to the nonpublic school
showing current compliance with this subsection to satisfy the
requirement of receiving training within 6 months of first
being employed. must include the definitions of trauma,
trauma-responsive learning environments, and whole child set
forth in subsection (b) of Section 3-11 of this Code and
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) At least once every 2 years, a school board shall
conduct in-service training for all school district employees
on the methods to respond to trauma. The training must include
instruction on how to respond to an incident involving
life-threatening bleeding and, if applicable, how to use a
school's trauma kit. A school board may satisfy the training
requirements under this subsection by using the training,
including online training, available from the American College
of Surgeons or any other similar organization.
    School district employees who are trained to respond to
trauma pursuant to this subsection (g) shall be immune from
civil liability in the use of a trauma kit unless the action
constitutes willful or wanton misconduct.
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff.
1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
for effective date of P.A. 103-542); revised 11-27-23.)
 
    (Text of Section after amendment by P.A. 103-41)
    Sec. 10-22.39. In-service training programs.
    (a) To conduct in-service training programs for teachers,
administrators, and school support personnel.
    (b) In addition to other topics at in-service training
programs listed in this Section, teachers, administrators, and
school support personnel who work with pupils must be trained
in the following topics: health conditions of students;
social-emotional learning; developing cultural competency;
identifying warning signs of mental illness and suicidal
behavior in youth; domestic and sexual violence and the needs
of expectant and parenting youth; protections and
accommodations for students; educator ethics; responding to
child sexual abuse and grooming behavior; and effective
instruction in violence prevention and conflict resolution.
In-service training programs in these topics shall be credited
toward hours of professional development required for license
renewal as outlined in subsection (e) of Section 21B-45.
    School support personnel may be exempt from in-service
training if the training is not relevant to the work they do.
    Nurses and school nurses, as defined by Section 10-22.23,
are exempt from training required in subsection (b-5).
    Beginning July 1, 2024, all teachers, administrators, and
school support personnel shall complete training as outlined
in Section 10-22.39 during an in-service training program
conducted by their school board or through other training
opportunities, including, but not limited to, institutes under
Section 3-11. Such training must be completed within 6 months
of employment by a school board and renewed at least once every
5 years, unless required more frequently by other State or
federal law or in accordance with this Section. If teachers,
administrators, or school support personnel obtain training
outside of an in-service training program or from a previous
public school district or nonpublic school employer, they may
present documentation showing current compliance with this
subsection to satisfy the requirement of receiving training
within 6 months of first being employed. Training may be
delivered through online, asynchronous means.
    (b-5) Training regarding health conditions of students for
staff required by this Section shall include, but is not
limited to:
        (1) Chronic health conditions of students.
        (2) Anaphylactic reactions and management. Such
    training shall be conducted by persons with expertise in
    anaphylactic reactions and management.
        (3) The management of asthma, the prevention of asthma
    symptoms, and emergency response in the school setting.
        (4) The basics of seizure recognition and first aid
    and appropriate emergency protocols. Such training must be
    fully consistent with the best practice guidelines issued
    by the Centers for Disease Control and Prevention.
        (5) The basics of diabetes care, how to identify when
    a student with diabetes needs immediate or emergency
    medical attention, and whom to contact in the case of an
    emergency.
        (6) Current best practices regarding the
    identification and treatment of attention deficit
    hyperactivity disorder.
        (7) Instruction on how to respond to an incident
    involving life-threatening bleeding and, if applicable,
    how to use a school's trauma kit. Beginning with the
    2024-2025 school year, training on life-threatening
    bleeding must be completed within 6 months of the employee
    first being employed by a school board and renewed within
    2 years. Beginning with the 2027-2028 school year, the
    training must be completed within 6 months of the employee
    first being employed by a school board and renewed at
    least once every 5 years thereafter.
    In consultation with professional organizations with
expertise in student health issues, including, but not limited
to, asthma management, anaphylactic reactions, seizure
recognition, and diabetes care, the State Board of Education
shall make available resource materials for educating school
personnel about student health conditions and emergency
response in the school setting.
    A school board may satisfy the life-threatening bleeding
training under this subsection by using the training,
including online training, available from the American College
of Surgeons or any other similar organization.
    (b-10) The training regarding social-emotional learning,
for staff required by this Section may include, at a minimum,
providing education to all school personnel about the content
of the Illinois Social and Emotional Learning Standards, how
those standards apply to everyday school interactions, and
examples of how social emotional learning can be integrated
into instructional practices across all grades and subjects.
    (b-15) The training regarding developing cultural
competency for staff required by this Section shall include,
but is not limited to, understanding and reducing implicit
bias, including implicit racial bias. As used in this
subsection, "implicit racial bias" has the meaning set forth
in Section 10-20.61.
    (b-20) The training regarding identifying warning signs of
mental illness, trauma, and suicidal behavior in youth for
staff required by this Section shall include, but is not
limited to, appropriate intervention and referral techniques,
including resources and guidelines as outlined in Section
2-3.166, and must include the definitions of trauma,
trauma-responsive learning environments, and whole child set
forth in subsection (b) of Section 3-11 of this Code.
    Illinois Mental Health First Aid training, established
under the Illinois Mental Health First Aid Training Act, may
satisfy the requirements of this subsection.
    If teachers, administrators, or school support personnel
obtain mental health first aid training outside of an
in-service training program, they may present a certificate of
successful completion of the training to the school district
to satisfy the requirements of this subsection. Training
regarding the implementation of trauma-informed practices
satisfies the requirements of this subsection.
    (b-25) As used in this subsection:
    "Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act
of 1986.
    "Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1,
12-15, and 12-16 of the Criminal Code of 2012, including
sexual violence committed by perpetrators who are strangers to
the victim and sexual violence committed by perpetrators who
are known or related by blood or marriage to the victim.
    The training regarding domestic and sexual violence and
the needs of expectant and parenting youth for staff required
by this Section must be conducted by persons with expertise in
domestic and sexual violence and the needs of expectant and
parenting youth, and shall include, but is not limited to:
        (1) communicating with and listening to youth victims
    of domestic or sexual violence and expectant and parenting
    youth;
        (2) connecting youth victims of domestic or sexual
    violence and expectant and parenting youth to appropriate
    in-school services and other agencies, programs, and
    services as needed;
        (3) implementing the school district's policies,
    procedures, and protocols with regard to such youth,
    including confidentiality; at . At a minimum, school
    personnel must be trained to understand, provide
    information and referrals, and address issues pertaining
    to youth who are parents, expectant parents, or victims of
    domestic or sexual violence; and
        (4) procedures for responding to incidents of teen
    dating violence that take place at the school, on school
    grounds, at school-sponsored activities, or in vehicles
    used for school-provided transportation as outlined in
    Section 3.10 of the Critical Health Problems and
    Comprehensive Health Education Act.
    (b-30) The training regarding protections and
accommodations for students shall include, but is not limited
to, instruction on the federal Americans with Disabilities
Act, as it pertains to the school environment, and
homelessness. Beginning with the 2024-2025 school year,
training on homelessness must be completed within 6 months of
an employee first being employed by a school board and renewed
within 2 years. Beginning with the 2027-2028 school year, the
training must be completed within 6 months of the employee
first being employed by a school board and renewed at least
once every 5 years thereafter. Training on homelessness shall
include the following:
        (1) the definition of homeless children and youths
    under 42 U.S.C. 11434a;
        (2) the signs of homelessness and housing insecurity;
        (3) the rights of students experiencing homelessness
    under State and federal law;
        (4) the steps to take when a homeless or
    housing-insecure student is identified; and
        (5) the appropriate referral techniques, including the
    name and contact number of the school or school district
    homeless liaison.
    School boards may work with a community-based organization
that specializes in working with homeless children and youth
to develop and provide the training.
    (b-35) The training regarding educator ethics and
responding to child sexual abuse and grooming behavior shall
include, but is not limited to, teacher-student conduct,
school employee-student conduct, and evidence-informed
training on preventing, recognizing, reporting, and responding
to child sexual abuse and grooming as outlined in Section
10-23.13.
    (b-40) The training regarding effective instruction in
violence prevention and conflict resolution required by this
Section shall be conducted in accordance with the requirements
of Section 27-23.4.
    (b-45) (c) Beginning July 1, 2024, all nonpublic
elementary and secondary school teachers, administrators, and
school support personnel shall complete the training set forth
in subsection (b-5). Training must be completed within 6
months of first being employed by a nonpublic school and
renewed at least once every 5 years, unless required more
frequently by other State or federal law. If nonpublic
teachers, administrators, or school support personnel obtain
training from a public school district or nonpublic school
employer, the teacher, administrator, or school support
personnel may present documentation to the nonpublic school
showing current compliance with this subsection to satisfy the
requirement of receiving training within 6 months of first
being employed. must include the definitions of trauma,
trauma-responsive learning environments, and whole child set
forth in subsection (b) of Section 3-11 of this Code and
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) At least once every 2 years, a school board shall
conduct in-service training for all school district employees
on the methods to respond to trauma. The training must include
instruction on how to respond to an incident involving
life-threatening bleeding and, if applicable, how to use a
school's trauma kit. A school board may satisfy the training
requirements under this subsection by using the training,
including online training, available from the American College
of Surgeons or any other similar organization.
    School district employees who are trained to respond to
trauma pursuant to this subsection (g) shall be immune from
civil liability in the use of a trauma kit unless the action
constitutes willful or wanton misconduct.
    (h) (g) At least once every 2 years, a school board shall
conduct in-service training on homelessness for all school
personnel. The training shall include:
        (1) the definition of homeless children and youth
    under Section 11434a of Title 42 of the United States
    Code;
        (2) the signs of homelessness and housing insecurity;
        (3) the rights of students experiencing homelessness
    under State and federal law;
        (4) the steps to take when a homeless or
    housing-insecure student is identified; and
        (5) the appropriate referral techniques, including the
    name and contact number of the school or school district
    homeless liaison.
    A school board may work with a community-based
organization that specializes in working with homeless
children and youth to develop and provide the training.
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
102-813, eff. 5-13-22; 103-41, eff. 8-20-24; 103-128, eff.
6-30-23; 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see
Section 905 of P.A. 103-563 for effective date of P.A.
103-542); revised 11-27-23.)
 
    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
    Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or
private special education facilities.
    (a) The General Assembly recognizes that non-public
schools or special education facilities provide an important
service in the educational system in Illinois.
    (b) If a student's individualized education program (IEP)
team determines that because of his or her disability the
special education program of a district is unable to meet the
needs of the child and the child attends a non-public school or
special education facility, a public out-of-state school or a
special education facility owned and operated by a county
government unit that provides special educational services
required by the child and is in compliance with the
appropriate rules and regulations of the State Superintendent
of Education, the school district in which the child is a
resident shall pay the actual cost of tuition for special
education and related services provided during the regular
school term and during the summer school term if the child's
educational needs so require, excluding room, board and
transportation costs charged the child by that non-public
school or special education facility, public out-of-state
school or county special education facility, or $4,500 per
year, whichever is less, and shall provide him any necessary
transportation. "Nonpublic special education facility" shall
include a residential facility, within or without the State of
Illinois, which provides special education and related
services to meet the needs of the child by utilizing private
schools or public schools, whether located on the site or off
the site of the residential facility. Resident district
financial responsibility and reimbursement applies for both
nonpublic special education facilities that are approved by
the State Board of Education pursuant to 23 Ill. Adm. Code 401
or other applicable laws or rules and for emergency
residential placements in nonpublic special education
facilities that are not approved by the State Board of
Education pursuant to 23 Ill. Adm. Code 401 or other
applicable laws or rules, subject to the requirements of this
Section.
    (c) Prior to the placement of a child in an out-of-state
special education residential facility, the school district
must refer to the child or the child's parent or guardian the
option to place the child in a special education residential
facility located within this State, if any, that provides
treatment and services comparable to those provided by the
out-of-state special education residential facility. The
school district must review annually the placement of a child
in an out-of-state special education residential facility. As
a part of the review, the school district must refer to the
child or the child's parent or guardian the option to place the
child in a comparable special education residential facility
located within this State, if any.
    (c-5) Before a provider that operates a nonpublic special
education facility terminates a student's placement in that
facility, the provider must request an IEP meeting from the
contracting school district. If the provider elects to
terminate the student's placement following the IEP meeting,
the provider must give written notice to this effect to the
parent or guardian, the contracting public school district,
and the State Board of Education no later than 20 business days
before the date of termination, unless the health and safety
of any student are endangered. The notice must include the
detailed reasons for the termination and any actions taken to
address the reason for the termination.
    (d) Payments shall be made by the resident school district
to the entity providing the educational services, whether the
entity is the nonpublic special education facility or the
school district wherein the facility is located, no less than
once per quarter, unless otherwise agreed to in writing by the
parties.
    (e) A school district may residentially place a student in
a nonpublic special education facility providing educational
services, but not approved by the State Board of Education
pursuant to 23 Ill. Adm. Code 401 or other applicable laws or
rules, provided that the State Board of Education provides an
emergency and student-specific approval for residential
placement. The State Board of Education shall promptly, within
10 days after the request, approve a request for emergency and
student-specific approval for residential placement if the
following have been demonstrated to the State Board of
Education:
        (1) the facility demonstrates appropriate licensure of
    teachers for the student population;
        (2) the facility demonstrates age-appropriate
    curriculum;
        (3) the facility provides enrollment and attendance
    data;
        (4) the facility demonstrates the ability to implement
    the child's IEP; and
        (5) the school district demonstrates that it made good
    faith efforts to residentially place the student in an
    approved facility, but no approved facility has accepted
    the student or has availability for immediate residential
    placement of the student.
A resident school district may also submit such proof to the
State Board of Education as may be required for its student.
The State Board of Education may not unreasonably withhold
approval once satisfactory proof is provided to the State
Board.
    (f) If an impartial due process hearing officer who is
contracted by the State Board of Education pursuant to this
Article orders placement of a student with a disability in a
residential facility that is not approved by the State Board
of Education, then, for purposes of this Section, the facility
shall be deemed approved for placement and school district
payments and State reimbursements shall be made accordingly.
    (g) Emergency residential placement in a facility approved
pursuant to subsection (e) or (f) may continue to be utilized
so long as (i) the student's IEP team determines annually that
such placement continues to be appropriate to meet the
student's needs and (ii) at least every 3 years following the
student's residential placement, the IEP team reviews
appropriate placements approved by the State Board of
Education pursuant to 23 Ill. Adm. Code 401 or other
applicable laws or rules to determine whether there are any
approved placements that can meet the student's needs, have
accepted the student, and have availability for placement of
the student.
    (h) The State Board of Education shall promulgate rules
and regulations for determining when placement in a private
special education facility is appropriate. Such rules and
regulations shall take into account the various types of
services needed by a child and the availability of such
services to the particular child in the public school. In
developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on Education
of Children with Disabilities and hold public hearings to
secure recommendations from parents, school personnel, and
others concerned about this matter.
    The State Board of Education shall also promulgate rules
and regulations for transportation to and from a residential
school. Transportation to and from home to a residential
school more than once each school term shall be subject to
prior approval by the State Superintendent in accordance with
the rules and regulations of the State Board.
    (i) A school district making tuition payments pursuant to
this Section is eligible for reimbursement from the State for
the amount of such payments actually made in excess of the
district per capita tuition charge for students not receiving
special education services. Such reimbursement shall be
approved in accordance with Section 14-12.01 and each district
shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms
prescribed by the State Superintendent of Education. Data used
as a basis of reimbursement claims shall be for the preceding
regular school term and summer school term. Each school
district shall transmit its claims to the State Board of
Education on or before August 15. The State Board of
Education, before approving any such claims, shall determine
their accuracy and whether they are based upon services and
facilities provided under approved programs. Upon approval the
State Board shall cause vouchers to be prepared showing the
amount due for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on the
30th day of September, December, and March, respectively, and
the final voucher, no later than June 20. If the money
appropriated by the General Assembly for such purpose for any
year is insufficient, it shall be apportioned on the basis of
the claims approved.
    (j) No child shall be placed in a special education
program pursuant to this Section if the tuition cost for
special education and related services increases more than 10
percent over the tuition cost for the previous school year or
exceeds $4,500 per year unless such costs have been approved
by the Illinois Purchased Care Review Board. The Illinois
Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and
Family Services, Public Health, Public Aid, and the Governor's
Office of Management and Budget; the Secretary of Human
Services; the State Superintendent of Education; and such
other persons as the Governor may designate. The Review Board
shall also consist of one non-voting member who is an
administrator of a private, nonpublic, special education
school. The Review Board shall establish rules and regulations
for its determination of allowable costs and payments made by
local school districts for special education, room and board,
and other related services provided by non-public schools or
special education facilities and shall establish uniform
standards and criteria which it shall follow. The Review Board
shall approve the usual and customary rate or rates of a
special education program that (i) is offered by an
out-of-state, non-public provider of integrated autism
specific educational and autism specific residential services,
(ii) offers 2 or more levels of residential care, including at
least one locked facility, and (iii) serves 12 or fewer
Illinois students.
    (k) In determining rates based on allowable costs, the
Review Board shall consider any wage increases awarded by the
General Assembly to front line personnel defined as direct
support persons, aides, front-line supervisors, qualified
intellectual disabilities professionals, nurses, and
non-administrative support staff working in service settings
in community-based settings within the State and adjust
customary rates or rates of a special education program to be
equitable to the wage increase awarded to similar staff
positions in a community residential setting. Any wage
increase awarded by the General Assembly to front line
personnel defined as direct support persons, aides, front-line
supervisors, qualified intellectual disabilities
professionals, nurses, and non-administrative support staff
working in community-based settings within the State,
including the $0.75 per hour increase contained in Public Act
100-23 and the $0.50 per hour increase included in Public Act
100-23, shall also be a basis for any facility covered by this
Section to appeal its rate before the Review Board under the
process defined in Title 89, Part 900, Section 340 of the
Illinois Administrative Code. Illinois Administrative Code
Title 89, Part 900, Section 342 shall be updated to recognize
wage increases awarded to community-based settings to be a
basis for appeal. However, any wage increase that is captured
upon appeal from a previous year shall not be counted by the
Review Board as revenue for the purpose of calculating a
facility's future rate.
    (l) Any definition used by the Review Board in
administrative rule or policy to define "related
organizations" shall include any and all exceptions contained
in federal law or regulation as it pertains to the federal
definition of "related organizations".
    (m) The Review Board shall establish uniform definitions
and criteria for accounting separately by special education,
room and board and other related services costs. The Board
shall also establish guidelines for the coordination of
services and financial assistance provided by all State
agencies to assure that no otherwise qualified child with a
disability receiving services under Article 14 shall be
excluded from participation in, be denied the benefits of or
be subjected to discrimination under any program or activity
provided by any State agency.
    (n) The Review Board shall review the costs for special
education and related services provided by non-public schools
or special education facilities and shall approve or
disapprove such facilities in accordance with the rules and
regulations established by it with respect to allowable costs.
    (o) The State Board of Education shall provide
administrative and staff support for the Review Board as
deemed reasonable by the State Superintendent of Education.
This support shall not include travel expenses or other
compensation for any Review Board member other than the State
Superintendent of Education.
    (p) The Review Board shall seek the advice of the Advisory
Council on Education of Children with Disabilities on the
rules and regulations to be promulgated by it relative to
providing special education services.
    (q) If a child has been placed in a program in which the
actual per pupil costs of tuition for special education and
related services based on program enrollment, excluding room,
board and transportation costs, exceed $4,500 and such costs
have been approved by the Review Board, the district shall pay
such total costs which exceed $4,500. A district making such
tuition payments in excess of $4,500 pursuant to this Section
shall be responsible for an amount in excess of $4,500 equal to
the district per capita tuition charge and shall be eligible
for reimbursement from the State for the amount of such
payments actually made in excess of the districts per capita
tuition charge for students not receiving special education
services.
    (r) If a child has been placed in an approved individual
program and the tuition costs including room and board costs
have been approved by the Review Board, then such room and
board costs shall be paid by the appropriate State agency
subject to the provisions of Section 14-8.01 of this Act. Room
and board costs not provided by a State agency other than the
State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall
the State's liability for funding of these tuition costs begin
until after the legal obligations of third party payors have
been subtracted from such costs. If the money appropriated by
the General Assembly for such purpose for any year is
insufficient, it shall be apportioned on the basis of the
claims approved. Each district shall submit estimated claims
to the State Superintendent of Education. Upon approval of
such claims, the State Superintendent of Education shall
direct the State Comptroller to make payments on a monthly
basis. The frequency for submitting estimated claims and the
method of determining payment shall be prescribed in rules and
regulations adopted by the State Board of Education. Such
current state reimbursement shall be reduced by an amount
equal to the proceeds which the child or child's parents are
eligible to receive under any public or private insurance or
assistance program. Nothing in this Section shall be construed
as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services
provided to a child with a disability.
    (s) If it otherwise qualifies, a school district is
eligible for the transportation reimbursement under Section
14-13.01 and for the reimbursement of tuition payments under
this Section whether the non-public school or special
education facility, public out-of-state school or county
special education facility, attended by a child who resides in
that district and requires special educational services, is
within or outside of the State of Illinois. However, a
district is not eligible to claim transportation reimbursement
under this Section unless the district certifies to the State
Superintendent of Education that the district is unable to
provide special educational services required by the child for
the current school year.
    (t) Nothing in this Section authorizes the reimbursement
of a school district for the amount paid for tuition of a child
attending a non-public school or special education facility,
public out-of-state school or county special education
facility unless the school district certifies to the State
Superintendent of Education that the special education program
of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of
Education finds that the school district is in substantial
compliance with Section 14-4.01. However, if a child is
unilaterally placed by a State agency or any court in a
non-public school or special education facility, public
out-of-state school, or county special education facility, a
school district shall not be required to certify to the State
Superintendent of Education, for the purpose of tuition
reimbursement, that the special education program of that
district is unable to meet the needs of a child because of his
or her disability.
    (u) Any educational or related services provided, pursuant
to this Section in a non-public school or special education
facility or a special education facility owned and operated by
a county government unit shall be at no cost to the parent or
guardian of the child. However, current law and practices
relative to contributions by parents or guardians for costs
other than educational or related services are not affected by
this amendatory Act of 1978.
    (v) Reimbursement for children attending public school
residential facilities shall be made in accordance with the
provisions of this Section.
    (w) Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
all or a portion of the funds that it receives in a particular
fiscal year or from general State aid pursuant to Section
18-8.05 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of
education. The resolution must identify the amount of any
payments or general State aid to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.
This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of
Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or
timing of money the district is entitled to receive under this
Code. No classification under this paragraph by a district
shall in any way relieve the district from or affect any
requirements that otherwise would apply with respect to that
funding program, including any accounting of funds by source,
reporting expenditures by original source and purpose,
reporting requirements, or requirements of providing services.
(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22;
103-175, eff. 6-30-23; 103-546, eff. 8-11-23; revised
8-30-23.)
 
    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
    Sec. 14-8.02. Identification, evaluation, and placement of
children.
    (a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the
State Board of Education shall include in the rules
definitions of "case study", "staff conference",
"individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in this Article. For purposes of
determining the eligibility of children from homes in which a
language other than English is used, the State Board of
Education shall include in the rules definitions for
"qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs".
For purposes of this Section, as well as Sections 14-8.02a,
14-8.02b, and 14-8.02c of this Code, "parent" means a parent
as defined in the federal Individuals with Disabilities
Education Act (20 U.S.C. 1401(23)).
    (b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child and, if the child is in the legal
custody of the Department of Children and Family Services, the
Department's Office of Education and Transition Services shall
be given a copy of the multidisciplinary conference summary
report and recommendations, which includes options considered,
and, in the case of the parent, be informed of his or her right
to obtain an independent educational evaluation if he or she
disagrees with the evaluation findings conducted or obtained
by the school district. If the school district's evaluation is
shown to be inappropriate, the school district shall reimburse
the parent for the cost of the independent evaluation. The
State Board of Education shall, with advice from the State
Advisory Council on Education of Children with Disabilities on
the inclusion of specific independent educational evaluators,
prepare a list of suggested independent educational
evaluators. The State Board of Education shall include on the
list clinical psychologists licensed pursuant to the Clinical
Psychologist Licensing Act. Such psychologists shall not be
paid fees in excess of the amount that would be received by a
school psychologist for performing the same services. The
State Board of Education shall supply school districts with
such list and make the list available to parents at their
request. School districts shall make the list available to
parents at the time they are informed of their right to obtain
an independent educational evaluation. However, the school
district may initiate an impartial due process hearing under
this Section within 5 days of any written parent request for an
independent educational evaluation to show that its evaluation
is appropriate. If the final decision is that the evaluation
is appropriate, the parent still has a right to an independent
educational evaluation, but not at public expense. An
independent educational evaluation at public expense must be
completed within 30 days of a parent's parent written request
unless the school district initiates an impartial due process
hearing or the parent or school district offers reasonable
grounds to show that such 30-day time period should be
extended. If the due process hearing decision indicates that
the parent is entitled to an independent educational
evaluation, it must be completed within 30 days of the
decision unless the parent or the school district offers
reasonable grounds to show that such 30-day period should be
extended. If a parent disagrees with the summary report or
recommendations of the multidisciplinary conference or the
findings of any educational evaluation which results
therefrom, the school district shall not proceed with a
placement based upon such evaluation and the child shall
remain in his or her regular classroom setting. No child shall
be eligible for admission to a special class for children with
a mental disability who are educable or for children with a
mental disability who are trainable except with a
psychological evaluation and recommendation by a school
psychologist. Consent shall be obtained from the parent of a
child before any evaluation is conducted. If consent is not
given by the parent or if the parent disagrees with the
findings of the evaluation, then the school district may
initiate an impartial due process hearing under this Section.
The school district may evaluate the child if that is the
decision resulting from the impartial due process hearing and
the decision is not appealed or if the decision is affirmed on
appeal. The determination of eligibility shall be made and the
IEP meeting shall be completed within 60 school days from the
date of written parental consent. In those instances when
written parental consent is obtained with fewer than 60 pupil
attendance days left in the school year, the eligibility
determination shall be made and the IEP meeting shall be
completed prior to the first day of the following school year.
Special education and related services must be provided in
accordance with the student's IEP no later than 10 school
attendance days after notice is provided to the parents
pursuant to Section 300.503 of Title 34 of the Code of Federal
Regulations and implementing rules adopted by the State Board
of Education. The appropriate program pursuant to the
individualized educational program of students whose native
tongue is a language other than English shall reflect the
special education, cultural and linguistic needs. No later
than September 1, 1993, the State Board of Education shall
establish standards for the development, implementation and
monitoring of appropriate bilingual special individualized
educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to
verify implementation of these standards. The district shall
indicate to the parent, the State Board of Education, and, if
applicable, the Department's Office of Education and
Transition Services the nature of the services the child will
receive for the regular school term while awaiting placement
in the appropriate special education class. At the child's
initial IEP meeting and at each annual review meeting, the
child's IEP team shall provide the child's parent or guardian
and, if applicable, the Department's Office of Education and
Transition Services with a written notification that informs
the parent or guardian or the Department's Office of Education
and Transition Services that the IEP team is required to
consider whether the child requires assistive technology in
order to receive free, appropriate public education. The
notification must also include a toll-free telephone number
and internet address for the State's assistive technology
program.
    If the child is deaf, hard of hearing, blind, or visually
impaired or has an orthopedic impairment or physical
disability and he or she might be eligible to receive services
from the Illinois School for the Deaf, the Illinois School for
the Visually Impaired, or the Illinois Center for
Rehabilitation and Education-Roosevelt, the school district
shall notify the parents, in writing, of the existence of
these schools and the services they provide and shall make a
reasonable effort to inform the parents of the existence of
other, local schools that provide similar services and the
services that these other schools provide. This notification
shall include, without limitation, information on school
services, school admissions criteria, and school contact
information.
    In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
        (1) The verbal and nonverbal communication needs of
    the child.
        (2) The need to develop social interaction skills and
    proficiencies.
        (3) The needs resulting from the child's unusual
    responses to sensory experiences.
        (4) The needs resulting from resistance to
    environmental change or change in daily routines.
        (5) The needs resulting from engagement in repetitive
    activities and stereotyped movements.
        (6) The need for any positive behavioral
    interventions, strategies, and supports to address any
    behavioral difficulties resulting from autism spectrum
    disorder.
        (7) Other needs resulting from the child's disability
    that impact progress in the general curriculum, including
    social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
    If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be
taken by specified individuals, agencies, or officials.
    (c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result
in functional blindness. Each student who is functionally
blind shall be entitled to Braille reading and writing
instruction that is sufficient to enable the student to
communicate with the same level of proficiency as other
students of comparable ability. Instruction should be provided
to the extent that the student is physically and cognitively
able to use Braille. Braille instruction may be used in
combination with other special education services appropriate
to the student's educational needs. The assessment of each
student who is functionally blind for the purpose of
developing the student's individualized education program
shall include documentation of the student's strengths and
weaknesses in Braille skills. Each person assisting in the
development of the individualized education program for a
student who is functionally blind shall receive information
describing the benefits of Braille instruction. The
individualized education program for each student who is
functionally blind shall specify the appropriate learning
medium or media based on the assessment report.
    (d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children
with disabilities who are recommended to be placed into
regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular classroom instruction and are included on the
teacher's regular education class register. Subject to the
limitation of the preceding sentence, placement in special
classes, separate schools or other removal of the child with a
disability from the regular educational environment shall
occur only when the nature of the severity of the disability is
such that education in the regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily. The placement of English learners with
disabilities shall be in non-restrictive environments which
provide for integration with peers who do not have
disabilities in bilingual classrooms. Annually, each January,
school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
    (e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
    (f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that
such examination or treatment conflicts with his religious
beliefs.
    (g) School boards or their designee shall provide to the
parents of a child or, if applicable, the Department of
Children and Family Services' Office of Education and
Transition Services prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate
or change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor. For
a parent, such written notification shall also inform the
parent of the opportunity to present complaints with respect
to any matter relating to the educational placement of the
student, or the provision of a free appropriate public
education and to have an impartial due process hearing on the
complaint. The notice shall inform the parents in the parents'
native language, unless it is clearly not feasible to do so, of
their rights and all procedures available pursuant to this Act
and the federal Individuals with Disabilities Education
Improvement Act of 2004 (Public Law 108-446); it shall be the
responsibility of the State Superintendent to develop uniform
notices setting forth the procedures available under this Act
and the federal Individuals with Disabilities Education
Improvement Act of 2004 (Public Law 108-446) to be used by all
school boards. The notice shall also inform the parents of the
availability upon request of a list of free or low-cost legal
and other relevant services available locally to assist
parents in initiating an impartial due process hearing. The
State Superintendent shall revise the uniform notices required
by this subsection (g) to reflect current law and procedures
at least once every 2 years. Any parent who is deaf or does not
normally communicate using spoken English and who participates
in a meeting with a representative of a local educational
agency for the purposes of developing an individualized
educational program or attends a multidisciplinary conference
shall be entitled to the services of an interpreter. The State
Board of Education must adopt rules to establish the criteria,
standards, and competencies for a bilingual language
interpreter who attends an individualized education program
meeting under this subsection to assist a parent who has
limited English proficiency.
    (g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
    To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements
of this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the
proposed visit, the purpose of the visit, and the approximate
duration of the visit. The visitor and the school district
shall arrange the visit or visits at times that are mutually
agreeable. Visitors shall comply with school safety, security,
and visitation policies at all times. School district
visitation policies must not conflict with this subsection
(g-5). Visitors shall be required to comply with the
requirements of applicable privacy laws, including those laws
protecting the confidentiality of education records such as
the federal Family Educational Rights and Privacy Act and the
Illinois School Student Records Act. The visitor shall not
disrupt the educational process.
        (1) A parent must be afforded reasonable access of
    sufficient duration and scope for the purpose of observing
    his or her child in the child's current educational
    placement, services, or program or for the purpose of
    visiting an educational placement or program proposed for
    the child.
        (2) An independent educational evaluator or a
    qualified professional retained by or on behalf of a
    parent or child must be afforded reasonable access of
    sufficient duration and scope for the purpose of
    conducting an evaluation of the child, the child's
    performance, the child's current educational program,
    placement, services, or environment, or any educational
    program, placement, services, or environment proposed for
    the child, including interviews of educational personnel,
    child observations, assessments, tests or assessments of
    the child's educational program, services, or placement or
    of any proposed educational program, services, or
    placement. If one or more interviews of school personnel
    are part of the evaluation, the interviews must be
    conducted at a mutually agreed-upon agreed upon time,
    date, and place that do not interfere with the school
    employee's school duties. The school district may limit
    interviews to personnel having information relevant to the
    child's current educational services, program, or
    placement or to a proposed educational service, program,
    or placement.
    (h) In the development of the individualized education
program or federal Section 504 plan for a student, if the
student needs extra accommodation during emergencies,
including natural disasters or an active shooter situation,
then that accommodation shall be taken into account when
developing the student's individualized education program or
federal Section 504 plan.
(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.
6-10-22; 103-197, eff. 1-1-24; revised 1-30-24.)
 
    (105 ILCS 5/18-8.15)
    Sec. 18-8.15. Evidence-Based Funding for student success
for the 2017-2018 and subsequent school years.
    (a) General provisions.
        (1) The purpose of this Section is to ensure that, by
    June 30, 2027 and beyond, this State has a kindergarten
    through grade 12 public education system with the capacity
    to ensure the educational development of all persons to
    the limits of their capacities in accordance with Section
    1 of Article X of the Constitution of the State of
    Illinois. To accomplish that objective, this Section
    creates a method of funding public education that is
    evidence-based; is sufficient to ensure every student
    receives a meaningful opportunity to learn irrespective of
    race, ethnicity, sexual orientation, gender, or
    community-income level; and is sustainable and
    predictable. When fully funded under this Section, every
    school shall have the resources, based on what the
    evidence indicates is needed, to:
            (A) provide all students with a high quality
        education that offers the academic, enrichment, social
        and emotional support, technical, and career-focused
        programs that will allow them to become competitive
        workers, responsible parents, productive citizens of
        this State, and active members of our national
        democracy;
            (B) ensure all students receive the education they
        need to graduate from high school with the skills
        required to pursue post-secondary education and
        training for a rewarding career;
            (C) reduce, with a goal of eliminating, the
        achievement gap between at-risk and non-at-risk
        students by raising the performance of at-risk
        students and not by reducing standards; and
            (D) ensure this State satisfies its obligation to
        assume the primary responsibility to fund public
        education and simultaneously relieve the
        disproportionate burden placed on local property taxes
        to fund schools.
        (2) The Evidence-Based Funding formula under this
    Section shall be applied to all Organizational Units in
    this State. The Evidence-Based Funding formula outlined in
    this Act is based on the formula outlined in Senate Bill 1
    of the 100th General Assembly, as passed by both
    legislative chambers. As further defined and described in
    this Section, there are 4 major components of the
    Evidence-Based Funding model:
            (A) First, the model calculates a unique Adequacy
        Target for each Organizational Unit in this State that
        considers the costs to implement research-based
        activities, the unit's student demographics, and
        regional wage differences.
            (B) Second, the model calculates each
        Organizational Unit's Local Capacity, or the amount
        each Organizational Unit is assumed to contribute
        toward its Adequacy Target from local resources.
            (C) Third, the model calculates how much funding
        the State currently contributes to the Organizational
        Unit and adds that to the unit's Local Capacity to
        determine the unit's overall current adequacy of
        funding.
            (D) Finally, the model's distribution method
        allocates new State funding to those Organizational
        Units that are least well-funded, considering both
        Local Capacity and State funding, in relation to their
        Adequacy Target.
        (3) An Organizational Unit receiving any funding under
    this Section may apply those funds to any fund so received
    for which that Organizational Unit is authorized to make
    expenditures by law.
        (4) As used in this Section, the following terms shall
    have the meanings ascribed in this paragraph (4):
        "Adequacy Target" is defined in paragraph (1) of
    subsection (b) of this Section.
        "Adjusted EAV" is defined in paragraph (4) of
    subsection (d) of this Section.
        "Adjusted Local Capacity Target" is defined in
    paragraph (3) of subsection (c) of this Section.
        "Adjusted Operating Tax Rate" means a tax rate for all
    Organizational Units, for which the State Superintendent
    shall calculate and subtract for the Operating Tax Rate a
    transportation rate based on total expenses for
    transportation services under this Code, as reported on
    the most recent Annual Financial Report in Pupil
    Transportation Services, function 2550 in both the
    Education and Transportation funds and functions 4110 and
    4120 in the Transportation fund, less any corresponding
    fiscal year State of Illinois scheduled payments excluding
    net adjustments for prior years for regular, vocational,
    or special education transportation reimbursement pursuant
    to Section 29-5 or subsection (b) of Section 14-13.01 of
    this Code divided by the Adjusted EAV. If an
    Organizational Unit's corresponding fiscal year State of
    Illinois scheduled payments excluding net adjustments for
    prior years for regular, vocational, or special education
    transportation reimbursement pursuant to Section 29-5 or
    subsection (b) of Section 14-13.01 of this Code exceed the
    total transportation expenses, as defined in this
    paragraph, no transportation rate shall be subtracted from
    the Operating Tax Rate.
        "Allocation Rate" is defined in paragraph (3) of
    subsection (g) of this Section.
        "Alternative School" means a public school that is
    created and operated by a regional superintendent of
    schools and approved by the State Board.
        "Applicable Tax Rate" is defined in paragraph (1) of
    subsection (d) of this Section.
        "Assessment" means any of those benchmark, progress
    monitoring, formative, diagnostic, and other assessments,
    in addition to the State accountability assessment, that
    assist teachers' needs in understanding the skills and
    meeting the needs of the students they serve.
        "Assistant principal" means a school administrator
    duly endorsed to be employed as an assistant principal in
    this State.
        "At-risk student" means a student who is at risk of
    not meeting the Illinois Learning Standards or not
    graduating from elementary or high school and who
    demonstrates a need for vocational support or social
    services beyond that provided by the regular school
    program. All students included in an Organizational Unit's
    Low-Income Count, as well as all English learner and
    disabled students attending the Organizational Unit, shall
    be considered at-risk students under this Section.
        "Average Student Enrollment" or "ASE" for fiscal year
    2018 means, for an Organizational Unit, the greater of the
    average number of students (grades K through 12) reported
    to the State Board as enrolled in the Organizational Unit
    on October 1 in the immediately preceding school year,
    plus the pre-kindergarten students who receive special
    education services of 2 or more hours a day as reported to
    the State Board on December 1 in the immediately preceding
    school year, or the average number of students (grades K
    through 12) reported to the State Board as enrolled in the
    Organizational Unit on October 1, plus the
    pre-kindergarten students who receive special education
    services of 2 or more hours a day as reported to the State
    Board on December 1, for each of the immediately preceding
    3 school years. For fiscal year 2019 and each subsequent
    fiscal year, "Average Student Enrollment" or "ASE" means,
    for an Organizational Unit, the greater of the average
    number of students (grades K through 12) reported to the
    State Board as enrolled in the Organizational Unit on
    October 1 and March 1 in the immediately preceding school
    year, plus the pre-kindergarten students who receive
    special education services as reported to the State Board
    on October 1 and March 1 in the immediately preceding
    school year, or the average number of students (grades K
    through 12) reported to the State Board as enrolled in the
    Organizational Unit on October 1 and March 1, plus the
    pre-kindergarten students who receive special education
    services as reported to the State Board on October 1 and
    March 1, for each of the immediately preceding 3 school
    years. For the purposes of this definition, "enrolled in
    the Organizational Unit" means the number of students
    reported to the State Board who are enrolled in schools
    within the Organizational Unit that the student attends or
    would attend if not placed or transferred to another
    school or program to receive needed services. For the
    purposes of calculating "ASE", all students, grades K
    through 12, excluding those attending kindergarten for a
    half day and students attending an alternative education
    program operated by a regional office of education or
    intermediate service center, shall be counted as 1.0. All
    students attending kindergarten for a half day shall be
    counted as 0.5, unless in 2017 by June 15 or by March 1 in
    subsequent years, the school district reports to the State
    Board of Education the intent to implement full-day
    kindergarten district-wide for all students, then all
    students attending kindergarten shall be counted as 1.0.
    Special education pre-kindergarten students shall be
    counted as 0.5 each. If the State Board does not collect or
    has not collected both an October 1 and March 1 enrollment
    count by grade or a December 1 collection of special
    education pre-kindergarten students as of August 31, 2017
    (the effective date of Public Act 100-465), it shall
    establish such collection for all future years. For any
    year in which a count by grade level was collected only
    once, that count shall be used as the single count
    available for computing a 3-year average ASE. Funding for
    programs operated by a regional office of education or an
    intermediate service center must be calculated using the
    Evidence-Based Funding formula under this Section for the
    2019-2020 school year and each subsequent school year
    until separate adequacy formulas are developed and adopted
    for each type of program. ASE for a program operated by a
    regional office of education or an intermediate service
    center must be determined by the March 1 enrollment for
    the program. For the 2019-2020 school year, the ASE used
    in the calculation must be the first-year ASE and, in that
    year only, the assignment of students served by a regional
    office of education or intermediate service center shall
    not result in a reduction of the March enrollment for any
    school district. For the 2020-2021 school year, the ASE
    must be the greater of the current-year ASE or the 2-year
    average ASE. Beginning with the 2021-2022 school year, the
    ASE must be the greater of the current-year ASE or the
    3-year average ASE. School districts shall submit the data
    for the ASE calculation to the State Board within 45 days
    of the dates required in this Section for submission of
    enrollment data in order for it to be included in the ASE
    calculation. For fiscal year 2018 only, the ASE
    calculation shall include only enrollment taken on October
    1. In recognition of the impact of COVID-19, the
    definition of "Average Student Enrollment" or "ASE" shall
    be adjusted for calculations under this Section for fiscal
    years 2022 through 2024. For fiscal years 2022 through
    2024, the enrollment used in the calculation of ASE
    representing the 2020-2021 school year shall be the
    greater of the enrollment for the 2020-2021 school year or
    the 2019-2020 school year.
        "Base Funding Guarantee" is defined in paragraph (10)
    of subsection (g) of this Section.
        "Base Funding Minimum" is defined in subsection (e) of
    this Section.
        "Base Tax Year" means the property tax levy year used
    to calculate the Budget Year allocation of primary State
    aid.
        "Base Tax Year's Extension" means the product of the
    equalized assessed valuation utilized by the county clerk
    in the Base Tax Year multiplied by the limiting rate as
    calculated by the county clerk and defined in PTELL.
        "Bilingual Education Allocation" means the amount of
    an Organizational Unit's final Adequacy Target
    attributable to bilingual education divided by the
    Organizational Unit's final Adequacy Target, the product
    of which shall be multiplied by the amount of new funding
    received pursuant to this Section. An Organizational
    Unit's final Adequacy Target attributable to bilingual
    education shall include all additional investments in
    English learner students' adequacy elements.
        "Budget Year" means the school year for which primary
    State aid is calculated and awarded under this Section.
        "Central office" means individual administrators and
    support service personnel charged with managing the
    instructional programs, business and operations, and
    security of the Organizational Unit.
        "Comparable Wage Index" or "CWI" means a regional cost
    differentiation metric that measures systemic, regional
    variations in the salaries of college graduates who are
    not educators. The CWI utilized for this Section shall,
    for the first 3 years of Evidence-Based Funding
    implementation, be the CWI initially developed by the
    National Center for Education Statistics, as most recently
    updated by Texas A & M University. In the fourth and
    subsequent years of Evidence-Based Funding implementation,
    the State Superintendent shall re-determine the CWI using
    a similar methodology to that identified in the Texas A & M
    University study, with adjustments made no less frequently
    than once every 5 years.
        "Computer technology and equipment" means computers
    servers, notebooks, network equipment, copiers, printers,
    instructional software, security software, curriculum
    management courseware, and other similar materials and
    equipment.
        "Computer technology and equipment investment
    allocation" means the final Adequacy Target amount of an
    Organizational Unit assigned to Tier 1 or Tier 2 in the
    prior school year attributable to the additional $285.50
    per student computer technology and equipment investment
    grant divided by the Organizational Unit's final Adequacy
    Target, the result of which shall be multiplied by the
    amount of new funding received pursuant to this Section.
    An Organizational Unit assigned to a Tier 1 or Tier 2 final
    Adequacy Target attributable to the received computer
    technology and equipment investment grant shall include
    all additional investments in computer technology and
    equipment adequacy elements.
        "Core subject" means mathematics; science; reading,
    English, writing, and language arts; history and social
    studies; world languages; and subjects taught as Advanced
    Placement in high schools.
        "Core teacher" means a regular classroom teacher in
    elementary schools and teachers of a core subject in
    middle and high schools.
        "Core Intervention teacher (tutor)" means a licensed
    teacher providing one-on-one or small group tutoring to
    students struggling to meet proficiency in core subjects.
        "CPPRT" means corporate personal property replacement
    tax funds paid to an Organizational Unit during the
    calendar year one year before the calendar year in which a
    school year begins, pursuant to "An Act in relation to the
    abolition of ad valorem personal property tax and the
    replacement of revenues lost thereby, and amending and
    repealing certain Acts and parts of Acts in connection
    therewith", certified August 14, 1979, as amended (Public
    Act 81-1st S.S.-1).
        "EAV" means equalized assessed valuation as defined in
    paragraph (2) of subsection (d) of this Section and
    calculated in accordance with paragraph (3) of subsection
    (d) of this Section.
        "ECI" means the Bureau of Labor Statistics' national
    employment cost index for civilian workers in educational
    services in elementary and secondary schools on a
    cumulative basis for the 12-month calendar year preceding
    the fiscal year of the Evidence-Based Funding calculation.
        "EIS Data" means the employment information system
    data maintained by the State Board on educators within
    Organizational Units.
        "Employee benefits" means health, dental, and vision
    insurance offered to employees of an Organizational Unit,
    the costs associated with the statutorily required payment
    of the normal cost of the Organizational Unit's teacher
    pensions, Social Security employer contributions, and
    Illinois Municipal Retirement Fund employer contributions.
        "English learner" or "EL" means a child included in
    the definition of "English learners" under Section 14C-2
    of this Code participating in a program of transitional
    bilingual education or a transitional program of
    instruction meeting the requirements and program
    application procedures of Article 14C of this Code. For
    the purposes of collecting the number of EL students
    enrolled, the same collection and calculation methodology
    as defined above for "ASE" shall apply to English
    learners, with the exception that EL student enrollment
    shall include students in grades pre-kindergarten through
    12.
        "Essential Elements" means those elements, resources,
    and educational programs that have been identified through
    academic research as necessary to improve student success,
    improve academic performance, close achievement gaps, and
    provide for other per student costs related to the
    delivery and leadership of the Organizational Unit, as
    well as the maintenance and operations of the unit, and
    which are specified in paragraph (2) of subsection (b) of
    this Section.
        "Evidence-Based Funding" means State funding provided
    to an Organizational Unit pursuant to this Section.
        "Extended day" means academic and enrichment programs
    provided to students outside the regular school day before
    and after school or during non-instructional times during
    the school day.
        "Extension Limitation Ratio" means a numerical ratio
    in which the numerator is the Base Tax Year's Extension
    and the denominator is the Preceding Tax Year's Extension.
        "Final Percent of Adequacy" is defined in paragraph
    (4) of subsection (f) of this Section.
        "Final Resources" is defined in paragraph (3) of
    subsection (f) of this Section.
        "Full-time equivalent" or "FTE" means the full-time
    equivalency compensation for staffing the relevant
    position at an Organizational Unit.
        "Funding Gap" is defined in paragraph (1) of
    subsection (g).
        "Hybrid District" means a partial elementary unit
    district created pursuant to Article 11E of this Code.
        "Instructional assistant" means a core or special
    education, non-licensed employee who assists a teacher in
    the classroom and provides academic support to students.
        "Instructional facilitator" means a qualified teacher
    or licensed teacher leader who facilitates and coaches
    continuous improvement in classroom instruction; provides
    instructional support to teachers in the elements of
    research-based instruction or demonstrates the alignment
    of instruction with curriculum standards and assessment
    tools; develops or coordinates instructional programs or
    strategies; develops and implements training; chooses
    standards-based instructional materials; provides
    teachers with an understanding of current research; serves
    as a mentor, site coach, curriculum specialist, or lead
    teacher; or otherwise works with fellow teachers, in
    collaboration, to use data to improve instructional
    practice or develop model lessons.
        "Instructional materials" means relevant
    instructional materials for student instruction,
    including, but not limited to, textbooks, consumable
    workbooks, laboratory equipment, library books, and other
    similar materials.
        "Laboratory School" means a public school that is
    created and operated by a public university and approved
    by the State Board.
        "Librarian" means a teacher with an endorsement as a
    library information specialist or another individual whose
    primary responsibility is overseeing library resources
    within an Organizational Unit.
        "Limiting rate for Hybrid Districts" means the
    combined elementary school and high school limiting rates.
        "Local Capacity" is defined in paragraph (1) of
    subsection (c) of this Section.
        "Local Capacity Percentage" is defined in subparagraph
    (A) of paragraph (2) of subsection (c) of this Section.
        "Local Capacity Ratio" is defined in subparagraph (B)
    of paragraph (2) of subsection (c) of this Section.
        "Local Capacity Target" is defined in paragraph (2) of
    subsection (c) of this Section.
        "Low-Income Count" means, for an Organizational Unit
    in a fiscal year, the higher of the average number of
    students for the prior school year or the immediately
    preceding 3 school years who, as of July 1 of the
    immediately preceding fiscal year (as determined by the
    Department of Human Services), are eligible for at least
    one of the following low-income programs: Medicaid, the
    Children's Health Insurance Program, Temporary Assistance
    for Needy Families (TANF), or the Supplemental Nutrition
    Assistance Program, excluding pupils who are eligible for
    services provided by the Department of Children and Family
    Services. Until such time that grade level low-income
    populations become available, grade level low-income
    populations shall be determined by applying the low-income
    percentage to total student enrollments by grade level.
    The low-income percentage is determined by dividing the
    Low-Income Count by the Average Student Enrollment. The
    low-income percentage for programs operated by a regional
    office of education or an intermediate service center must
    be set to the weighted average of the low-income
    percentages of all of the school districts in the service
    region. The weighted low-income percentage is the result
    of multiplying the low-income percentage of each school
    district served by the regional office of education or
    intermediate service center by each school district's
    Average Student Enrollment, summarizing those products and
    dividing the total by the total Average Student Enrollment
    for the service region.
        "Maintenance and operations" means custodial services,
    facility and ground maintenance, facility operations,
    facility security, routine facility repairs, and other
    similar services and functions.
        "Minimum Funding Level" is defined in paragraph (9) of
    subsection (g) of this Section.
        "New Property Tax Relief Pool Funds" means, for any
    given fiscal year, all State funds appropriated under
    Section 2-3.170 of this Code.
        "New State Funds" means, for a given school year, all
    State funds appropriated for Evidence-Based Funding in
    excess of the amount needed to fund the Base Funding
    Minimum for all Organizational Units in that school year.
        "Nurse" means an individual licensed as a certified
    school nurse, in accordance with the rules established for
    nursing services by the State Board, who is an employee of
    and is available to provide health care-related services
    for students of an Organizational Unit.
        "Operating Tax Rate" means the rate utilized in the
    previous year to extend property taxes for all purposes,
    except Bond and Interest, Summer School, Rent, Capital
    Improvement, and Vocational Education Building purposes.
    For Hybrid Districts, the Operating Tax Rate shall be the
    combined elementary and high school rates utilized in the
    previous year to extend property taxes for all purposes,
    except Bond and Interest, Summer School, Rent, Capital
    Improvement, and Vocational Education Building purposes.
        "Organizational Unit" means a Laboratory School or any
    public school district that is recognized as such by the
    State Board and that contains elementary schools typically
    serving kindergarten through 5th grades, middle schools
    typically serving 6th through 8th grades, high schools
    typically serving 9th through 12th grades, a program
    established under Section 2-3.66 or 2-3.41, or a program
    operated by a regional office of education or an
    intermediate service center under Article 13A or 13B. The
    General Assembly acknowledges that the actual grade levels
    served by a particular Organizational Unit may vary
    slightly from what is typical.
        "Organizational Unit CWI" is determined by calculating
    the CWI in the region and original county in which an
    Organizational Unit's primary administrative office is
    located as set forth in this paragraph, provided that if
    the Organizational Unit CWI as calculated in accordance
    with this paragraph is less than 0.9, the Organizational
    Unit CWI shall be increased to 0.9. Each county's current
    CWI value shall be adjusted based on the CWI value of that
    county's neighboring Illinois counties, to create a
    "weighted adjusted index value". This shall be calculated
    by summing the CWI values of all of a county's adjacent
    Illinois counties and dividing by the number of adjacent
    Illinois counties, then taking the weighted value of the
    original county's CWI value and the adjacent Illinois
    county average. To calculate this weighted value, if the
    number of adjacent Illinois counties is greater than 2,
    the original county's CWI value will be weighted at 0.25
    and the adjacent Illinois county average will be weighted
    at 0.75. If the number of adjacent Illinois counties is 2,
    the original county's CWI value will be weighted at 0.33
    and the adjacent Illinois county average will be weighted
    at 0.66. The greater of the county's current CWI value and
    its weighted adjusted index value shall be used as the
    Organizational Unit CWI.
        "Preceding Tax Year" means the property tax levy year
    immediately preceding the Base Tax Year.
        "Preceding Tax Year's Extension" means the product of
    the equalized assessed valuation utilized by the county
    clerk in the Preceding Tax Year multiplied by the
    Operating Tax Rate.
        "Preliminary Percent of Adequacy" is defined in
    paragraph (2) of subsection (f) of this Section.
        "Preliminary Resources" is defined in paragraph (2) of
    subsection (f) of this Section.
        "Principal" means a school administrator duly endorsed
    to be employed as a principal in this State.
        "Professional development" means training programs for
    licensed staff in schools, including, but not limited to,
    programs that assist in implementing new curriculum
    programs, provide data focused or academic assessment data
    training to help staff identify a student's weaknesses and
    strengths, target interventions, improve instruction,
    encompass instructional strategies for English learner,
    gifted, or at-risk students, address inclusivity, cultural
    sensitivity, or implicit bias, or otherwise provide
    professional support for licensed staff.
        "Prototypical" means 450 special education
    pre-kindergarten and kindergarten through grade 5 students
    for an elementary school, 450 grade 6 through 8 students
    for a middle school, and 600 grade 9 through 12 students
    for a high school.
        "PTELL" means the Property Tax Extension Limitation
    Law.
        "PTELL EAV" is defined in paragraph (4) of subsection
    (d) of this Section.
        "Pupil support staff" means a nurse, psychologist,
    social worker, family liaison personnel, or other staff
    member who provides support to at-risk or struggling
    students.
        "Real Receipts" is defined in paragraph (1) of
    subsection (d) of this Section.
        "Regionalization Factor" means, for a particular
    Organizational Unit, the figure derived by dividing the
    Organizational Unit CWI by the Statewide Weighted CWI.
        "School counselor" means a licensed school counselor
    who provides guidance and counseling support for students
    within an Organizational Unit.
        "School site staff" means the primary school secretary
    and any additional clerical personnel assigned to a
    school.
        "Special education" means special educational
    facilities and services, as defined in Section 14-1.08 of
    this Code.
        "Special Education Allocation" means the amount of an
    Organizational Unit's final Adequacy Target attributable
    to special education divided by the Organizational Unit's
    final Adequacy Target, the product of which shall be
    multiplied by the amount of new funding received pursuant
    to this Section. An Organizational Unit's final Adequacy
    Target attributable to special education shall include all
    special education investment adequacy elements.
        "Specialist teacher" means a teacher who provides
    instruction in subject areas not included in core
    subjects, including, but not limited to, art, music,
    physical education, health, driver education,
    career-technical education, and such other subject areas
    as may be mandated by State law or provided by an
    Organizational Unit.
        "Specially Funded Unit" means an Alternative School,
    safe school, Department of Juvenile Justice school,
    special education cooperative or entity recognized by the
    State Board as a special education cooperative,
    State-approved charter school, or alternative learning
    opportunities program that received direct funding from
    the State Board during the 2016-2017 school year through
    any of the funding sources included within the calculation
    of the Base Funding Minimum or Glenwood Academy.
        "Supplemental Grant Funding" means supplemental
    general State aid funding received by an Organizational
    Unit during the 2016-2017 school year pursuant to
    subsection (H) of Section 18-8.05 of this Code (now
    repealed).
        "State Adequacy Level" is the sum of the Adequacy
    Targets of all Organizational Units.
        "State Board" means the State Board of Education.
        "State Superintendent" means the State Superintendent
    of Education.
        "Statewide Weighted CWI" means a figure determined by
    multiplying each Organizational Unit CWI times the ASE for
    that Organizational Unit creating a weighted value,
    summing all Organizational Units' weighted values, and
    dividing by the total ASE of all Organizational Units,
    thereby creating an average weighted index.
        "Student activities" means non-credit producing
    after-school programs, including, but not limited to,
    clubs, bands, sports, and other activities authorized by
    the school board of the Organizational Unit.
        "Substitute teacher" means an individual teacher or
    teaching assistant who is employed by an Organizational
    Unit and is temporarily serving the Organizational Unit on
    a per diem or per period-assignment basis to replace
    another staff member.
        "Summer school" means academic and enrichment programs
    provided to students during the summer months outside of
    the regular school year.
        "Supervisory aide" means a non-licensed staff member
    who helps in supervising students of an Organizational
    Unit, but does so outside of the classroom, in situations
    such as, but not limited to, monitoring hallways and
    playgrounds, supervising lunchrooms, or supervising
    students when being transported in buses serving the
    Organizational Unit.
        "Target Ratio" is defined in paragraph (4) of
    subsection (g).
        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
    in paragraph (3) of subsection (g).
        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
    Funding", "Tier 3 Aggregate Funding", and "Tier 4
    Aggregate Funding" are defined in paragraph (1) of
    subsection (g).
    (b) Adequacy Target calculation.
        (1) Each Organizational Unit's Adequacy Target is the
    sum of the Organizational Unit's cost of providing
    Essential Elements, as calculated in accordance with this
    subsection (b), with the salary amounts in the Essential
    Elements multiplied by a Regionalization Factor calculated
    pursuant to paragraph (3) of this subsection (b).
        (2) The Essential Elements are attributable on a pro
    rata basis related to defined subgroups of the ASE of each
    Organizational Unit as specified in this paragraph (2),
    with investments and FTE positions pro rata funded based
    on ASE counts in excess of or less than the thresholds set
    forth in this paragraph (2). The method for calculating
    attributable pro rata costs and the defined subgroups
    thereto are as follows:
            (A) Core class size investments. Each
        Organizational Unit shall receive the funding required
        to support that number of FTE core teacher positions
        as is needed to keep the respective class sizes of the
        Organizational Unit to the following maximum numbers:
                (i) For grades kindergarten through 3, the
            Organizational Unit shall receive funding required
            to support one FTE core teacher position for every
            15 Low-Income Count students in those grades and
            one FTE core teacher position for every 20
            non-Low-Income Count students in those grades.
                (ii) For grades 4 through 12, the
            Organizational Unit shall receive funding required
            to support one FTE core teacher position for every
            20 Low-Income Count students in those grades and
            one FTE core teacher position for every 25
            non-Low-Income Count students in those grades.
            The number of non-Low-Income Count students in a
        grade shall be determined by subtracting the
        Low-Income students in that grade from the ASE of the
        Organizational Unit for that grade.
            (B) Specialist teacher investments. Each
        Organizational Unit shall receive the funding needed
        to cover that number of FTE specialist teacher
        positions that correspond to the following
        percentages:
                (i) if the Organizational Unit operates an
            elementary or middle school, then 20.00% of the
            number of the Organizational Unit's core teachers,
            as determined under subparagraph (A) of this
            paragraph (2); and
                (ii) if such Organizational Unit operates a
            high school, then 33.33% of the number of the
            Organizational Unit's core teachers.
            (C) Instructional facilitator investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE instructional facilitator position
        for every 200 combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students of the Organizational Unit.
            (D) Core intervention teacher (tutor) investments.
        Each Organizational Unit shall receive the funding
        needed to cover one FTE teacher position for each
        prototypical elementary, middle, and high school.
            (E) Substitute teacher investments. Each
        Organizational Unit shall receive the funding needed
        to cover substitute teacher costs that is equal to
        5.70% of the minimum pupil attendance days required
        under Section 10-19 of this Code for all full-time
        equivalent core, specialist, and intervention
        teachers, school nurses, special education teachers
        and instructional assistants, instructional
        facilitators, and summer school and extended day
        teacher positions, as determined under this paragraph
        (2), at a salary rate of 33.33% of the average salary
        for grade K through 12 teachers and 33.33% of the
        average salary of each instructional assistant
        position.
            (F) Core school counselor investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE school counselor for each 450
        combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 5
        students, plus one FTE school counselor for each 250
        grades 6 through 8 ASE middle school students, plus
        one FTE school counselor for each 250 grades 9 through
        12 ASE high school students.
            (G) Nurse investments. Each Organizational Unit
        shall receive the funding needed to cover one FTE
        nurse for each 750 combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students across all grade levels it
        serves.
            (H) Supervisory aide investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE for each 225 combined ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 5 students, plus one FTE
        for each 225 ASE middle school students, plus one FTE
        for each 200 ASE high school students.
            (I) Librarian investments. Each Organizational
        Unit shall receive the funding needed to cover one FTE
        librarian for each prototypical elementary school,
        middle school, and high school and one FTE aide or
        media technician for every 300 combined ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 12 students.
            (J) Principal investments. Each Organizational
        Unit shall receive the funding needed to cover one FTE
        principal position for each prototypical elementary
        school, plus one FTE principal position for each
        prototypical middle school, plus one FTE principal
        position for each prototypical high school.
            (K) Assistant principal investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE assistant principal position for each
        prototypical elementary school, plus one FTE assistant
        principal position for each prototypical middle
        school, plus one FTE assistant principal position for
        each prototypical high school.
            (L) School site staff investments. Each
        Organizational Unit shall receive the funding needed
        for one FTE position for each 225 ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 5 students, plus one FTE
        position for each 225 ASE middle school students, plus
        one FTE position for each 200 ASE high school
        students.
            (M) Gifted investments. Each Organizational Unit
        shall receive $40 per kindergarten through grade 12
        ASE.
            (N) Professional development investments. Each
        Organizational Unit shall receive $125 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students for trainers and other professional
        development-related expenses for supplies and
        materials.
            (O) Instructional material investments. Each
        Organizational Unit shall receive $190 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover instructional material costs.
            (P) Assessment investments. Each Organizational
        Unit shall receive $25 per student of the combined ASE
        of pre-kindergarten children with disabilities and all
        kindergarten through grade 12 students to cover
        assessment costs.
            (Q) Computer technology and equipment investments.
        Each Organizational Unit shall receive $285.50 per
        student of the combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students to cover computer technology
        and equipment costs. For the 2018-2019 school year and
        subsequent school years, Organizational Units assigned
        to Tier 1 and Tier 2 in the prior school year shall
        receive an additional $285.50 per student of the
        combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover computer technology and equipment
        costs in the Organizational Unit's Adequacy Target.
        The State Board may establish additional requirements
        for Organizational Unit expenditures of funds received
        pursuant to this subparagraph (Q), including a
        requirement that funds received pursuant to this
        subparagraph (Q) may be used only for serving the
        technology needs of the district. It is the intent of
        Public Act 100-465 that all Tier 1 and Tier 2 districts
        receive the addition to their Adequacy Target in the
        following year, subject to compliance with the
        requirements of the State Board.
            (R) Student activities investments. Each
        Organizational Unit shall receive the following
        funding amounts to cover student activities: $100 per
        kindergarten through grade 5 ASE student in elementary
        school, plus $200 per ASE student in middle school,
        plus $675 per ASE student in high school.
            (S) Maintenance and operations investments. Each
        Organizational Unit shall receive $1,038 per student
        of the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students for day-to-day maintenance and operations
        expenditures, including salary, supplies, and
        materials, as well as purchased services, but
        excluding employee benefits. The proportion of salary
        for the application of a Regionalization Factor and
        the calculation of benefits is equal to $352.92.
            (T) Central office investments. Each
        Organizational Unit shall receive $742 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover central office operations, including
        administrators and classified personnel charged with
        managing the instructional programs, business and
        operations of the school district, and security
        personnel. The proportion of salary for the
        application of a Regionalization Factor and the
        calculation of benefits is equal to $368.48.
            (U) Employee benefit investments. Each
        Organizational Unit shall receive 30% of the total of
        all salary-calculated elements of the Adequacy Target,
        excluding substitute teachers and student activities
        investments, to cover benefit costs. For central
        office and maintenance and operations investments, the
        benefit calculation shall be based upon the salary
        proportion of each investment. If at any time the
        responsibility for funding the employer normal cost of
        teacher pensions is assigned to school districts, then
        that amount certified by the Teachers' Retirement
        System of the State of Illinois to be paid by the
        Organizational Unit for the preceding school year
        shall be added to the benefit investment. For any
        fiscal year in which a school district organized under
        Article 34 of this Code is responsible for paying the
        employer normal cost of teacher pensions, then that
        amount of its employer normal cost plus the amount for
        retiree health insurance as certified by the Public
        School Teachers' Pension and Retirement Fund of
        Chicago to be paid by the school district for the
        preceding school year that is statutorily required to
        cover employer normal costs and the amount for retiree
        health insurance shall be added to the 30% specified
        in this subparagraph (U). The Teachers' Retirement
        System of the State of Illinois and the Public School
        Teachers' Pension and Retirement Fund of Chicago shall
        submit such information as the State Superintendent
        may require for the calculations set forth in this
        subparagraph (U).
            (V) Additional investments in low-income students.
        In addition to and not in lieu of all other funding
        under this paragraph (2), each Organizational Unit
        shall receive funding based on the average teacher
        salary for grades K through 12 to cover the costs of:
                (i) one FTE intervention teacher (tutor)
            position for every 125 Low-Income Count students;
                (ii) one FTE pupil support staff position for
            every 125 Low-Income Count students;
                (iii) one FTE extended day teacher position
            for every 120 Low-Income Count students; and
                (iv) one FTE summer school teacher position
            for every 120 Low-Income Count students.
            (W) Additional investments in English learner
        students. In addition to and not in lieu of all other
        funding under this paragraph (2), each Organizational
        Unit shall receive funding based on the average
        teacher salary for grades K through 12 to cover the
        costs of:
                (i) one FTE intervention teacher (tutor)
            position for every 125 English learner students;
                (ii) one FTE pupil support staff position for
            every 125 English learner students;
                (iii) one FTE extended day teacher position
            for every 120 English learner students;
                (iv) one FTE summer school teacher position
            for every 120 English learner students; and
                (v) one FTE core teacher position for every
            100 English learner students.
            (X) Special education investments. Each
        Organizational Unit shall receive funding based on the
        average teacher salary for grades K through 12 to
        cover special education as follows:
                (i) one FTE teacher position for every 141
            combined ASE of pre-kindergarten children with
            disabilities and all kindergarten through grade 12
            students;
                (ii) one FTE instructional assistant for every
            141 combined ASE of pre-kindergarten children with
            disabilities and all kindergarten through grade 12
            students; and
                (iii) one FTE psychologist position for every
            1,000 combined ASE of pre-kindergarten children
            with disabilities and all kindergarten through
            grade 12 students.
        (3) For calculating the salaries included within the
    Essential Elements, the State Superintendent shall
    annually calculate average salaries to the nearest dollar
    using the employment information system data maintained by
    the State Board, limited to public schools only and
    excluding special education and vocational cooperatives,
    schools operated by the Department of Juvenile Justice,
    and charter schools, for the following positions:
            (A) Teacher for grades K through 8.
            (B) Teacher for grades 9 through 12.
            (C) Teacher for grades K through 12.
            (D) School counselor for grades K through 8.
            (E) School counselor for grades 9 through 12.
            (F) School counselor for grades K through 12.
            (G) Social worker.
            (H) Psychologist.
            (I) Librarian.
            (J) Nurse.
            (K) Principal.
            (L) Assistant principal.
        For the purposes of this paragraph (3), "teacher"
    includes core teachers, specialist and elective teachers,
    instructional facilitators, tutors, special education
    teachers, pupil support staff teachers, English learner
    teachers, extended day teachers, and summer school
    teachers. Where specific grade data is not required for
    the Essential Elements, the average salary for
    corresponding positions shall apply. For substitute
    teachers, the average teacher salary for grades K through
    12 shall apply.
        For calculating the salaries included within the
    Essential Elements for positions not included within EIS
    Data, the following salaries shall be used in the first
    year of implementation of Evidence-Based Funding:
            (i) school site staff, $30,000; and
            (ii) non-instructional assistant, instructional
        assistant, library aide, library media tech, or
        supervisory aide: $25,000.
        In the second and subsequent years of implementation
    of Evidence-Based Funding, the amounts in items (i) and
    (ii) of this paragraph (3) shall annually increase by the
    ECI.
        The salary amounts for the Essential Elements
    determined pursuant to subparagraphs (A) through (L), (S)
    and (T), and (V) through (X) of paragraph (2) of
    subsection (b) of this Section shall be multiplied by a
    Regionalization Factor.
    (c) Local Capacity calculation.
        (1) Each Organizational Unit's Local Capacity
    represents an amount of funding it is assumed to
    contribute toward its Adequacy Target for purposes of the
    Evidence-Based Funding formula calculation. "Local
    Capacity" means either (i) the Organizational Unit's Local
    Capacity Target as calculated in accordance with paragraph
    (2) of this subsection (c) if its Real Receipts are equal
    to or less than its Local Capacity Target or (ii) the
    Organizational Unit's Adjusted Local Capacity, as
    calculated in accordance with paragraph (3) of this
    subsection (c) if Real Receipts are more than its Local
    Capacity Target.
        (2) "Local Capacity Target" means, for an
    Organizational Unit, that dollar amount that is obtained
    by multiplying its Adequacy Target by its Local Capacity
    Ratio.
            (A) An Organizational Unit's Local Capacity
        Percentage is the conversion of the Organizational
        Unit's Local Capacity Ratio, as such ratio is
        determined in accordance with subparagraph (B) of this
        paragraph (2), into a cumulative distribution
        resulting in a percentile ranking to determine each
        Organizational Unit's relative position to all other
        Organizational Units in this State. The calculation of
        Local Capacity Percentage is described in subparagraph
        (C) of this paragraph (2).
            (B) An Organizational Unit's Local Capacity Ratio
        in a given year is the percentage obtained by dividing
        its Adjusted EAV or PTELL EAV, whichever is less, by
        its Adequacy Target, with the resulting ratio further
        adjusted as follows:
                (i) for Organizational Units serving grades
            kindergarten through 12 and Hybrid Districts, no
            further adjustments shall be made;
                (ii) for Organizational Units serving grades
            kindergarten through 8, the ratio shall be
            multiplied by 9/13;
                (iii) for Organizational Units serving grades
            9 through 12, the Local Capacity Ratio shall be
            multiplied by 4/13; and
                (iv) for an Organizational Unit with a
            different grade configuration than those specified
            in items (i) through (iii) of this subparagraph
            (B), the State Superintendent shall determine a
            comparable adjustment based on the grades served.
            (C) The Local Capacity Percentage is equal to the
        percentile ranking of the district. Local Capacity
        Percentage converts each Organizational Unit's Local
        Capacity Ratio to a cumulative distribution resulting
        in a percentile ranking to determine each
        Organizational Unit's relative position to all other
        Organizational Units in this State. The Local Capacity
        Percentage cumulative distribution resulting in a
        percentile ranking for each Organizational Unit shall
        be calculated using the standard normal distribution
        of the score in relation to the weighted mean and
        weighted standard deviation and Local Capacity Ratios
        of all Organizational Units. If the value assigned to
        any Organizational Unit is in excess of 90%, the value
        shall be adjusted to 90%. For Laboratory Schools, the
        Local Capacity Percentage shall be set at 10% in
        recognition of the absence of EAV and resources from
        the public university that are allocated to the
        Laboratory School. For programs operated by a regional
        office of education or an intermediate service center,
        the Local Capacity Percentage must be set at 10% in
        recognition of the absence of EAV and resources from
        school districts that are allocated to the regional
        office of education or intermediate service center.
        The weighted mean for the Local Capacity Percentage
        shall be determined by multiplying each Organizational
        Unit's Local Capacity Ratio times the ASE for the unit
        creating a weighted value, summing the weighted values
        of all Organizational Units, and dividing by the total
        ASE of all Organizational Units. The weighted standard
        deviation shall be determined by taking the square
        root of the weighted variance of all Organizational
        Units' Local Capacity Ratio, where the variance is
        calculated by squaring the difference between each
        unit's Local Capacity Ratio and the weighted mean,
        then multiplying the variance for each unit times the
        ASE for the unit to create a weighted variance for each
        unit, then summing all units' weighted variance and
        dividing by the total ASE of all units.
            (D) For any Organizational Unit, the
        Organizational Unit's Adjusted Local Capacity Target
        shall be reduced by either (i) the school board's
        remaining contribution pursuant to paragraph (ii) of
        subsection (b-4) of Section 16-158 of the Illinois
        Pension Code in a given year or (ii) the board of
        education's remaining contribution pursuant to
        paragraph (iv) of subsection (b) of Section 17-129 of
        the Illinois Pension Code absent the employer normal
        cost portion of the required contribution and amount
        allowed pursuant to subdivision (3) of Section
        17-142.1 of the Illinois Pension Code in a given year.
        In the preceding sentence, item (i) shall be certified
        to the State Board of Education by the Teachers'
        Retirement System of the State of Illinois and item
        (ii) shall be certified to the State Board of
        Education by the Public School Teachers' Pension and
        Retirement Fund of the City of Chicago.
        (3) If an Organizational Unit's Real Receipts are more
    than its Local Capacity Target, then its Local Capacity
    shall equal an Adjusted Local Capacity Target as
    calculated in accordance with this paragraph (3). The
    Adjusted Local Capacity Target is calculated as the sum of
    the Organizational Unit's Local Capacity Target and its
    Real Receipts Adjustment. The Real Receipts Adjustment
    equals the Organizational Unit's Real Receipts less its
    Local Capacity Target, with the resulting figure
    multiplied by the Local Capacity Percentage.
        As used in this paragraph (3), "Real Percent of
    Adequacy" means the sum of an Organizational Unit's Real
    Receipts, CPPRT, and Base Funding Minimum, with the
    resulting figure divided by the Organizational Unit's
    Adequacy Target.
    (d) Calculation of Real Receipts, EAV, and Adjusted EAV
for purposes of the Local Capacity calculation.
        (1) An Organizational Unit's Real Receipts are the
    product of its Applicable Tax Rate and its Adjusted EAV.
    An Organizational Unit's Applicable Tax Rate is its
    Adjusted Operating Tax Rate for property within the
    Organizational Unit.
        (2) The State Superintendent shall calculate the
    equalized assessed valuation, or EAV, of all taxable
    property of each Organizational Unit as of September 30 of
    the previous year in accordance with paragraph (3) of this
    subsection (d). The State Superintendent shall then
    determine the Adjusted EAV of each Organizational Unit in
    accordance with paragraph (4) of this subsection (d),
    which Adjusted EAV figure shall be used for the purposes
    of calculating Local Capacity.
        (3) To calculate Real Receipts and EAV, the Department
    of Revenue shall supply to the State Superintendent the
    value as equalized or assessed by the Department of
    Revenue of all taxable property of every Organizational
    Unit, together with (i) the applicable tax rate used in
    extending taxes for the funds of the Organizational Unit
    as of September 30 of the previous year and (ii) the
    limiting rate for all Organizational Units subject to
    property tax extension limitations as imposed under PTELL.
            (A) The Department of Revenue shall add to the
        equalized assessed value of all taxable property of
        each Organizational Unit situated entirely or
        partially within a county that is or was subject to the
        provisions of Section 15-176 or 15-177 of the Property
        Tax Code (i) an amount equal to the total amount by
        which the homestead exemption allowed under Section
        15-176 or 15-177 of the Property Tax Code for real
        property situated in that Organizational Unit exceeds
        the total amount that would have been allowed in that
        Organizational Unit if the maximum reduction under
        Section 15-176 was (I) $4,500 in Cook County or $3,500
        in all other counties in tax year 2003 or (II) $5,000
        in all counties in tax year 2004 and thereafter and
        (ii) an amount equal to the aggregate amount for the
        taxable year of all additional exemptions under
        Section 15-175 of the Property Tax Code for owners
        with a household income of $30,000 or less. The county
        clerk of any county that is or was subject to the
        provisions of Section 15-176 or 15-177 of the Property
        Tax Code shall annually calculate and certify to the
        Department of Revenue for each Organizational Unit all
        homestead exemption amounts under Section 15-176 or
        15-177 of the Property Tax Code and all amounts of
        additional exemptions under Section 15-175 of the
        Property Tax Code for owners with a household income
        of $30,000 or less. It is the intent of this
        subparagraph (A) that if the general homestead
        exemption for a parcel of property is determined under
        Section 15-176 or 15-177 of the Property Tax Code
        rather than Section 15-175, then the calculation of
        EAV shall not be affected by the difference, if any,
        between the amount of the general homestead exemption
        allowed for that parcel of property under Section
        15-176 or 15-177 of the Property Tax Code and the
        amount that would have been allowed had the general
        homestead exemption for that parcel of property been
        determined under Section 15-175 of the Property Tax
        Code. It is further the intent of this subparagraph
        (A) that if additional exemptions are allowed under
        Section 15-175 of the Property Tax Code for owners
        with a household income of less than $30,000, then the
        calculation of EAV shall not be affected by the
        difference, if any, because of those additional
        exemptions.
            (B) With respect to any part of an Organizational
        Unit within a redevelopment project area in respect to
        which a municipality has adopted tax increment
        allocation financing pursuant to the Tax Increment
        Allocation Redevelopment Act, Division 74.4 of Article
        11 of the Illinois Municipal Code, or the Industrial
        Jobs Recovery Law, Division 74.6 of Article 11 of the
        Illinois Municipal Code, no part of the current EAV of
        real property located in any such project area that is
        attributable to an increase above the total initial
        EAV of such property shall be used as part of the EAV
        of the Organizational Unit, until such time as all
        redevelopment project costs have been paid, as
        provided in Section 11-74.4-8 of the Tax Increment
        Allocation Redevelopment Act or in Section 11-74.6-35
        of the Industrial Jobs Recovery Law. For the purpose
        of the EAV of the Organizational Unit, the total
        initial EAV or the current EAV, whichever is lower,
        shall be used until such time as all redevelopment
        project costs have been paid.
            (B-5) The real property equalized assessed
        valuation for a school district shall be adjusted by
        subtracting from the real property value, as equalized
        or assessed by the Department of Revenue, for the
        district an amount computed by dividing the amount of
        any abatement of taxes under Section 18-170 of the
        Property Tax Code by 3.00% for a district maintaining
        grades kindergarten through 12, by 2.30% for a
        district maintaining grades kindergarten through 8, or
        by 1.05% for a district maintaining grades 9 through
        12 and adjusted by an amount computed by dividing the
        amount of any abatement of taxes under subsection (a)
        of Section 18-165 of the Property Tax Code by the same
        percentage rates for district type as specified in
        this subparagraph (B-5).
            (C) For Organizational Units that are Hybrid
        Districts, the State Superintendent shall use the
        lesser of the adjusted equalized assessed valuation
        for property within the partial elementary unit
        district for elementary purposes, as defined in
        Article 11E of this Code, or the adjusted equalized
        assessed valuation for property within the partial
        elementary unit district for high school purposes, as
        defined in Article 11E of this Code.
            (D) If a school district's boundaries span
        multiple counties, then the Department of Revenue
        shall send to the State Board, for the purposes of
        calculating Evidence-Based Funding, the limiting rate
        and individual rates by purpose for the county that
        contains the majority of the school district's
        equalized assessed valuation.
        (4) An Organizational Unit's Adjusted EAV shall be the
    average of its EAV over the immediately preceding 3 years
    or the lesser of its EAV in the immediately preceding year
    or the average of its EAV over the immediately preceding 3
    years if the EAV in the immediately preceding year has
    declined by 10% or more when comparing the 2 most recent
    years. In the event of Organizational Unit reorganization,
    consolidation, or annexation, the Organizational Unit's
    Adjusted EAV for the first 3 years after such change shall
    be as follows: the most current EAV shall be used in the
    first year, the average of a 2-year EAV or its EAV in the
    immediately preceding year if the EAV declines by 10% or
    more when comparing the 2 most recent years for the second
    year, and the lesser of a 3-year average EAV or its EAV in
    the immediately preceding year if the Adjusted EAV
    declines by 10% or more when comparing the 2 most recent
    years for the third year. For any school district whose
    EAV in the immediately preceding year is used in
    calculations, in the following year, the Adjusted EAV
    shall be the average of its EAV over the immediately
    preceding 2 years or the immediately preceding year if
    that year represents a decline of 10% or more when
    comparing the 2 most recent years.
        "PTELL EAV" means a figure calculated by the State
    Board for Organizational Units subject to PTELL as
    described in this paragraph (4) for the purposes of
    calculating an Organizational Unit's Local Capacity Ratio.
    Except as otherwise provided in this paragraph (4), the
    PTELL EAV of an Organizational Unit shall be equal to the
    product of the equalized assessed valuation last used in
    the calculation of general State aid under Section 18-8.05
    of this Code (now repealed) or Evidence-Based Funding
    under this Section and the Organizational Unit's Extension
    Limitation Ratio. If an Organizational Unit has approved
    or does approve an increase in its limiting rate, pursuant
    to Section 18-190 of the Property Tax Code, affecting the
    Base Tax Year, the PTELL EAV shall be equal to the product
    of the equalized assessed valuation last used in the
    calculation of general State aid under Section 18-8.05 of
    this Code (now repealed) or Evidence-Based Funding under
    this Section multiplied by an amount equal to one plus the
    percentage increase, if any, in the Consumer Price Index
    for All Urban Consumers for all items published by the
    United States Department of Labor for the 12-month
    calendar year preceding the Base Tax Year, plus the
    equalized assessed valuation of new property, annexed
    property, and recovered tax increment value and minus the
    equalized assessed valuation of disconnected property.
        As used in this paragraph (4), "new property" and
    "recovered tax increment value" shall have the meanings
    set forth in the Property Tax Extension Limitation Law.
    (e) Base Funding Minimum calculation.
        (1) For the 2017-2018 school year, the Base Funding
    Minimum of an Organizational Unit or a Specially Funded
    Unit shall be the amount of State funds distributed to the
    Organizational Unit or Specially Funded Unit during the
    2016-2017 school year prior to any adjustments and
    specified appropriation amounts described in this
    paragraph (1) from the following Sections, as calculated
    by the State Superintendent: Section 18-8.05 of this Code
    (now repealed); Section 5 of Article 224 of Public Act
    99-524 (equity grants); Section 14-7.02b of this Code
    (funding for children requiring special education
    services); Section 14-13.01 of this Code (special
    education facilities and staffing), except for
    reimbursement of the cost of transportation pursuant to
    Section 14-13.01; Section 14C-12 of this Code (English
    learners); and Section 18-4.3 of this Code (summer
    school), based on an appropriation level of $13,121,600.
    For a school district organized under Article 34 of this
    Code, the Base Funding Minimum also includes (i) the funds
    allocated to the school district pursuant to Section 1D-1
    of this Code attributable to funding programs authorized
    by the Sections of this Code listed in the preceding
    sentence and (ii) the difference between (I) the funds
    allocated to the school district pursuant to Section 1D-1
    of this Code attributable to the funding programs
    authorized by Section 14-7.02 (non-public special
    education reimbursement), subsection (b) of Section
    14-13.01 (special education transportation), Section 29-5
    (transportation), Section 2-3.80 (agricultural
    education), Section 2-3.66 (truants' alternative
    education), Section 2-3.62 (educational service centers),
    and Section 14-7.03 (special education - orphanage) of
    this Code and Section 15 of the Childhood Hunger Relief
    Act (free breakfast program) and (II) the school
    district's actual expenditures for its non-public special
    education, special education transportation,
    transportation programs, agricultural education, truants'
    alternative education, services that would otherwise be
    performed by a regional office of education, special
    education orphanage expenditures, and free breakfast, as
    most recently calculated and reported pursuant to
    subsection (f) of Section 1D-1 of this Code. The Base
    Funding Minimum for Glenwood Academy shall be $952,014.
    For programs operated by a regional office of education or
    an intermediate service center, the Base Funding Minimum
    must be the total amount of State funds allocated to those
    programs in the 2018-2019 school year and amounts provided
    pursuant to Article 34 of Public Act 100-586 and Section
    3-16 of this Code. All programs established after June 5,
    2019 (the effective date of Public Act 101-10) and
    administered by a regional office of education or an
    intermediate service center must have an initial Base
    Funding Minimum set to an amount equal to the first-year
    ASE multiplied by the amount of per pupil funding received
    in the previous school year by the lowest funded similar
    existing program type. If the enrollment for a program
    operated by a regional office of education or an
    intermediate service center is zero, then it may not
    receive Base Funding Minimum funds for that program in the
    next fiscal year, and those funds must be distributed to
    Organizational Units under subsection (g).
        (2) For the 2018-2019 and subsequent school years, the
    Base Funding Minimum of Organizational Units and Specially
    Funded Units shall be the sum of (i) the amount of
    Evidence-Based Funding for the prior school year, (ii) the
    Base Funding Minimum for the prior school year, and (iii)
    any amount received by a school district pursuant to
    Section 7 of Article 97 of Public Act 100-21.
        For the 2022-2023 school year, the Base Funding
    Minimum of Organizational Units shall be the amounts
    recalculated by the State Board of Education for Fiscal
    Year 2019 through Fiscal Year 2022 that were necessary due
    to average student enrollment errors for districts
    organized under Article 34 of this Code, plus the Fiscal
    Year 2022 property tax relief grants provided under
    Section 2-3.170 of this Code, ensuring each Organizational
    Unit has the correct amount of resources for Fiscal Year
    2023 Evidence-Based Funding calculations and that Fiscal
    Year 2023 Evidence-Based Funding Distributions are made in
    accordance with this Section.
        (3) Subject to approval by the General Assembly as
    provided in this paragraph (3), an Organizational Unit
    that meets all of the following criteria, as determined by
    the State Board, shall have District Intervention Money
    added to its Base Funding Minimum at the time the Base
    Funding Minimum is calculated by the State Board:
            (A) The Organizational Unit is operating under an
        Independent Authority under Section 2-3.25f-5 of this
        Code for a minimum of 4 school years or is subject to
        the control of the State Board pursuant to a court
        order for a minimum of 4 school years.
            (B) The Organizational Unit was designated as a
        Tier 1 or Tier 2 Organizational Unit in the previous
        school year under paragraph (3) of subsection (g) of
        this Section.
            (C) The Organizational Unit demonstrates
        sustainability through a 5-year financial and
        strategic plan.
            (D) The Organizational Unit has made sufficient
        progress and achieved sufficient stability in the
        areas of governance, academic growth, and finances.
        As part of its determination under this paragraph (3),
    the State Board may consider the Organizational Unit's
    summative designation, any accreditations of the
    Organizational Unit, or the Organizational Unit's
    financial profile, as calculated by the State Board.
        If the State Board determines that an Organizational
    Unit has met the criteria set forth in this paragraph (3),
    it must submit a report to the General Assembly, no later
    than January 2 of the fiscal year in which the State Board
    makes it determination, on the amount of District
    Intervention Money to add to the Organizational Unit's
    Base Funding Minimum. The General Assembly must review the
    State Board's report and may approve or disapprove, by
    joint resolution, the addition of District Intervention
    Money. If the General Assembly fails to act on the report
    within 40 calendar days from the receipt of the report,
    the addition of District Intervention Money is deemed
    approved. If the General Assembly approves the amount of
    District Intervention Money to be added to the
    Organizational Unit's Base Funding Minimum, the District
    Intervention Money must be added to the Base Funding
    Minimum annually thereafter.
        For the first 4 years following the initial year that
    the State Board determines that an Organizational Unit has
    met the criteria set forth in this paragraph (3) and has
    received funding under this Section, the Organizational
    Unit must annually submit to the State Board, on or before
    November 30, a progress report regarding its financial and
    strategic plan under subparagraph (C) of this paragraph
    (3). The plan shall include the financial data from the
    past 4 annual financial reports or financial audits that
    must be presented to the State Board by November 15 of each
    year and the approved budget financial data for the
    current year. The plan shall be developed according to the
    guidelines presented to the Organizational Unit by the
    State Board. The plan shall further include financial
    projections for the next 3 fiscal years and include a
    discussion and financial summary of the Organizational
    Unit's facility needs. If the Organizational Unit does not
    demonstrate sufficient progress toward its 5-year plan or
    if it has failed to file an annual financial report, an
    annual budget, a financial plan, a deficit reduction plan,
    or other financial information as required by law, the
    State Board may establish a Financial Oversight Panel
    under Article 1H of this Code. However, if the
    Organizational Unit already has a Financial Oversight
    Panel, the State Board may extend the duration of the
    Panel.
    (f) Percent of Adequacy and Final Resources calculation.
        (1) The Evidence-Based Funding formula establishes a
    Percent of Adequacy for each Organizational Unit in order
    to place such units into tiers for the purposes of the
    funding distribution system described in subsection (g) of
    this Section. Initially, an Organizational Unit's
    Preliminary Resources and Preliminary Percent of Adequacy
    are calculated pursuant to paragraph (2) of this
    subsection (f). Then, an Organizational Unit's Final
    Resources and Final Percent of Adequacy are calculated to
    account for the Organizational Unit's poverty
    concentration levels pursuant to paragraphs (3) and (4) of
    this subsection (f).
        (2) An Organizational Unit's Preliminary Resources are
    equal to the sum of its Local Capacity Target, CPPRT, and
    Base Funding Minimum. An Organizational Unit's Preliminary
    Percent of Adequacy is the lesser of (i) its Preliminary
    Resources divided by its Adequacy Target or (ii) 100%.
        (3) Except for Specially Funded Units, an
    Organizational Unit's Final Resources are equal to the sum
    of its Local Capacity, CPPRT, and Adjusted Base Funding
    Minimum. The Base Funding Minimum of each Specially Funded
    Unit shall serve as its Final Resources, except that the
    Base Funding Minimum for State-approved charter schools
    shall not include any portion of general State aid
    allocated in the prior year based on the per capita
    tuition charge times the charter school enrollment.
        (4) An Organizational Unit's Final Percent of Adequacy
    is its Final Resources divided by its Adequacy Target. An
    Organizational Unit's Adjusted Base Funding Minimum is
    equal to its Base Funding Minimum less its Supplemental
    Grant Funding, with the resulting figure added to the
    product of its Supplemental Grant Funding and Preliminary
    Percent of Adequacy.
    (g) Evidence-Based Funding formula distribution system.
        (1) In each school year under the Evidence-Based
    Funding formula, each Organizational Unit receives funding
    equal to the sum of its Base Funding Minimum and the unit's
    allocation of New State Funds determined pursuant to this
    subsection (g). To allocate New State Funds, the
    Evidence-Based Funding formula distribution system first
    places all Organizational Units into one of 4 tiers in
    accordance with paragraph (3) of this subsection (g),
    based on the Organizational Unit's Final Percent of
    Adequacy. New State Funds are allocated to each of the 4
    tiers as follows: Tier 1 Aggregate Funding equals 50% of
    all New State Funds, Tier 2 Aggregate Funding equals 49%
    of all New State Funds, Tier 3 Aggregate Funding equals
    0.9% of all New State Funds, and Tier 4 Aggregate Funding
    equals 0.1% of all New State Funds. Each Organizational
    Unit within Tier 1 or Tier 2 receives an allocation of New
    State Funds equal to its tier Funding Gap, as defined in
    the following sentence, multiplied by the tier's
    Allocation Rate determined pursuant to paragraph (4) of
    this subsection (g). For Tier 1, an Organizational Unit's
    Funding Gap equals the tier's Target Ratio, as specified
    in paragraph (5) of this subsection (g), multiplied by the
    Organizational Unit's Adequacy Target, with the resulting
    amount reduced by the Organizational Unit's Final
    Resources. For Tier 2, an Organizational Unit's Funding
    Gap equals the tier's Target Ratio, as described in
    paragraph (5) of this subsection (g), multiplied by the
    Organizational Unit's Adequacy Target, with the resulting
    amount reduced by the Organizational Unit's Final
    Resources and its Tier 1 funding allocation. To determine
    the Organizational Unit's Funding Gap, the resulting
    amount is then multiplied by a factor equal to one minus
    the Organizational Unit's Local Capacity Target
    percentage. Each Organizational Unit within Tier 3 or Tier
    4 receives an allocation of New State Funds equal to the
    product of its Adequacy Target and the tier's Allocation
    Rate, as specified in paragraph (4) of this subsection
    (g).
        (2) To ensure equitable distribution of dollars for
    all Tier 2 Organizational Units, no Tier 2 Organizational
    Unit shall receive fewer dollars per ASE than any Tier 3
    Organizational Unit. Each Tier 2 and Tier 3 Organizational
    Unit shall have its funding allocation divided by its ASE.
    Any Tier 2 Organizational Unit with a funding allocation
    per ASE below the greatest Tier 3 allocation per ASE shall
    get a funding allocation equal to the greatest Tier 3
    funding allocation per ASE multiplied by the
    Organizational Unit's ASE. Each Tier 2 Organizational
    Unit's Tier 2 funding allocation shall be multiplied by
    the percentage calculated by dividing the original Tier 2
    Aggregate Funding by the sum of all Tier 2 Organizational
    Units' Tier 2 funding allocation after adjusting
    districts' funding below Tier 3 levels.
        (3) Organizational Units are placed into one of 4
    tiers as follows:
            (A) Tier 1 consists of all Organizational Units,
        except for Specially Funded Units, with a Percent of
        Adequacy less than the Tier 1 Target Ratio. The Tier 1
        Target Ratio is the ratio level that allows for Tier 1
        Aggregate Funding to be distributed, with the Tier 1
        Allocation Rate determined pursuant to paragraph (4)
        of this subsection (g).
            (B) Tier 2 consists of all Tier 1 Units and all
        other Organizational Units, except for Specially
        Funded Units, with a Percent of Adequacy of less than
        0.90.
            (C) Tier 3 consists of all Organizational Units,
        except for Specially Funded Units, with a Percent of
        Adequacy of at least 0.90 and less than 1.0.
            (D) Tier 4 consists of all Organizational Units
        with a Percent of Adequacy of at least 1.0.
        (4) The Allocation Rates for Tiers 1 through 4 are
    determined as follows:
            (A) The Tier 1 Allocation Rate is 30%.
            (B) The Tier 2 Allocation Rate is the result of the
        following equation: Tier 2 Aggregate Funding, divided
        by the sum of the Funding Gaps for all Tier 2
        Organizational Units, unless the result of such
        equation is higher than 1.0. If the result of such
        equation is higher than 1.0, then the Tier 2
        Allocation Rate is 1.0.
            (C) The Tier 3 Allocation Rate is the result of the
        following equation: Tier 3 Aggregate Funding, divided
        by the sum of the Adequacy Targets of all Tier 3
        Organizational Units.
            (D) The Tier 4 Allocation Rate is the result of the
        following equation: Tier 4 Aggregate Funding, divided
        by the sum of the Adequacy Targets of all Tier 4
        Organizational Units.
        (5) A tier's Target Ratio is determined as follows:
            (A) The Tier 1 Target Ratio is the ratio level that
        allows for Tier 1 Aggregate Funding to be distributed
        with the Tier 1 Allocation Rate.
            (B) The Tier 2 Target Ratio is 0.90.
            (C) The Tier 3 Target Ratio is 1.0.
        (6) If, at any point, the Tier 1 Target Ratio is
    greater than 90%, then all Tier 1 funding shall be
    allocated to Tier 2 and no Tier 1 Organizational Unit's
    funding may be identified.
        (7) In the event that all Tier 2 Organizational Units
    receive funding at the Tier 2 Target Ratio level, any
    remaining New State Funds shall be allocated to Tier 3 and
    Tier 4 Organizational Units.
        (8) If any Specially Funded Units, excluding Glenwood
    Academy, recognized by the State Board do not qualify for
    direct funding following the implementation of Public Act
    100-465 from any of the funding sources included within
    the definition of Base Funding Minimum, the unqualified
    portion of the Base Funding Minimum shall be transferred
    to one or more appropriate Organizational Units as
    determined by the State Superintendent based on the prior
    year ASE of the Organizational Units.
        (8.5) If a school district withdraws from a special
    education cooperative, the portion of the Base Funding
    Minimum that is attributable to the school district may be
    redistributed to the school district upon withdrawal. The
    school district and the cooperative must include the
    amount of the Base Funding Minimum that is to be
    reapportioned in their withdrawal agreement and notify the
    State Board of the change with a copy of the agreement upon
    withdrawal.
        (9) The Minimum Funding Level is intended to establish
    a target for State funding that will keep pace with
    inflation and continue to advance equity through the
    Evidence-Based Funding formula. The target for State
    funding of New Property Tax Relief Pool Funds is
    $50,000,000 for State fiscal year 2019 and subsequent
    State fiscal years. The Minimum Funding Level is equal to
    $350,000,000. In addition to any New State Funds, no more
    than $50,000,000 New Property Tax Relief Pool Funds may be
    counted toward the Minimum Funding Level. If the sum of
    New State Funds and applicable New Property Tax Relief
    Pool Funds are less than the Minimum Funding Level, than
    funding for tiers shall be reduced in the following
    manner:
            (A) First, Tier 4 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds until such time as
        Tier 4 funding is exhausted.
            (B) Next, Tier 3 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds and the reduction in
        Tier 4 funding until such time as Tier 3 funding is
        exhausted.
            (C) Next, Tier 2 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds and the reduction in
        Tier 4 and Tier 3.
            (D) Finally, Tier 1 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding level and New State Funds and the reduction in
        Tier 2, 3, and 4 funding. In addition, the Allocation
        Rate for Tier 1 shall be reduced to a percentage equal
        to the Tier 1 Allocation Rate set by paragraph (4) of
        this subsection (g), multiplied by the result of New
        State Funds divided by the Minimum Funding Level.
        (9.5) For State fiscal year 2019 and subsequent State
    fiscal years, if New State Funds exceed $300,000,000, then
    any amount in excess of $300,000,000 shall be dedicated
    for purposes of Section 2-3.170 of this Code up to a
    maximum of $50,000,000.
        (10) In the event of a decrease in the amount of the
    appropriation for this Section in any fiscal year after
    implementation of this Section, the Organizational Units
    receiving Tier 1 and Tier 2 funding, as determined under
    paragraph (3) of this subsection (g), shall be held
    harmless by establishing a Base Funding Guarantee equal to
    the per pupil kindergarten through grade 12 funding
    received in accordance with this Section in the prior
    fiscal year. Reductions shall be made to the Base Funding
    Minimum of Organizational Units in Tier 3 and Tier 4 on a
    per pupil basis equivalent to the total number of the ASE
    in Tier 3-funded and Tier 4-funded Organizational Units
    divided by the total reduction in State funding. The Base
    Funding Minimum as reduced shall continue to be applied to
    Tier 3 and Tier 4 Organizational Units and adjusted by the
    relative formula when increases in appropriations for this
    Section resume. In no event may State funding reductions
    to Organizational Units in Tier 3 or Tier 4 exceed an
    amount that would be less than the Base Funding Minimum
    established in the first year of implementation of this
    Section. If additional reductions are required, all school
    districts shall receive a reduction by a per pupil amount
    equal to the aggregate additional appropriation reduction
    divided by the total ASE of all Organizational Units.
        (11) The State Superintendent shall make minor
    adjustments to the distribution formula set forth in this
    subsection (g) to account for the rounding of percentages
    to the nearest tenth of a percentage and dollar amounts to
    the nearest whole dollar.
    (h) State Superintendent administration of funding and
district submission requirements.
        (1) The State Superintendent shall, in accordance with
    appropriations made by the General Assembly, meet the
    funding obligations created under this Section.
        (2) The State Superintendent shall calculate the
    Adequacy Target for each Organizational Unit under this
    Section. No Evidence-Based Funding shall be distributed
    within an Organizational Unit without the approval of the
    unit's school board.
        (3) Annually, the State Superintendent shall calculate
    and report to each Organizational Unit the unit's
    aggregate financial adequacy amount, which shall be the
    sum of the Adequacy Target for each Organizational Unit.
    The State Superintendent shall calculate and report
    separately for each Organizational Unit the unit's total
    State funds allocated for its students with disabilities.
    The State Superintendent shall calculate and report
    separately for each Organizational Unit the amount of
    funding and applicable FTE calculated for each Essential
    Element of the unit's Adequacy Target.
        (4) Annually, the State Superintendent shall calculate
    and report to each Organizational Unit the amount the unit
    must expend on special education and bilingual education
    and computer technology and equipment for Organizational
    Units assigned to Tier 1 or Tier 2 that received an
    additional $285.50 per student computer technology and
    equipment investment grant to their Adequacy Target
    pursuant to the unit's Base Funding Minimum, Special
    Education Allocation, Bilingual Education Allocation, and
    computer technology and equipment investment allocation.
        (5) Moneys distributed under this Section shall be
    calculated on a school year basis, but paid on a fiscal
    year basis, with payments beginning in August and
    extending through June. Unless otherwise provided, the
    moneys appropriated for each fiscal year shall be
    distributed in 22 equal payments at least 2 times monthly
    to each Organizational Unit. If moneys appropriated for
    any fiscal year are distributed other than monthly, the
    distribution shall be on the same basis for each
    Organizational Unit.
        (6) Any school district that fails, for any given
    school year, to maintain school as required by law or to
    maintain a recognized school is not eligible to receive
    Evidence-Based Funding. In case of non-recognition of one
    or more attendance centers in a school district otherwise
    operating recognized schools, the claim of the district
    shall be reduced in the proportion that the enrollment in
    the attendance center or centers bears to the enrollment
    of the school district. "Recognized school" means any
    public school that meets the standards for recognition by
    the State Board. A school district or attendance center
    not having recognition status at the end of a school term
    is entitled to receive State aid payments due upon a legal
    claim that was filed while it was recognized.
        (7) School district claims filed under this Section
    are subject to Sections 18-9 and 18-12 of this Code,
    except as otherwise provided in this Section.
        (8) Each fiscal year, the State Superintendent shall
    calculate for each Organizational Unit an amount of its
    Base Funding Minimum and Evidence-Based Funding that shall
    be deemed attributable to the provision of special
    educational facilities and services, as defined in Section
    14-1.08 of this Code, in a manner that ensures compliance
    with maintenance of State financial support requirements
    under the federal Individuals with Disabilities Education
    Act. An Organizational Unit must use such funds only for
    the provision of special educational facilities and
    services, as defined in Section 14-1.08 of this Code, and
    must comply with any expenditure verification procedures
    adopted by the State Board.
        (9) All Organizational Units in this State must submit
    annual spending plans, as part of the budget submission
    process, no later than October 31 of each year to the State
    Board. The spending plan shall describe how each
    Organizational Unit will utilize the Base Funding Minimum
    and Evidence-Based Funding it receives from this State
    under this Section with specific identification of the
    intended utilization of Low-Income, English learner, and
    special education resources. Additionally, the annual
    spending plans of each Organizational Unit shall describe
    how the Organizational Unit expects to achieve student
    growth and how the Organizational Unit will achieve State
    education goals, as defined by the State Board. The State
    Superintendent may, from time to time, identify additional
    requisites for Organizational Units to satisfy when
    compiling the annual spending plans required under this
    subsection (h). The format and scope of annual spending
    plans shall be developed by the State Superintendent and
    the State Board of Education. School districts that serve
    students under Article 14C of this Code shall continue to
    submit information as required under Section 14C-12 of
    this Code.
        (10) No later than January 1, 2018, the State
    Superintendent shall develop a 5-year strategic plan for
    all Organizational Units to help in planning for adequacy
    funding under this Section. The State Superintendent shall
    submit the plan to the Governor and the General Assembly,
    as provided in Section 3.1 of the General Assembly
    Organization Act. The plan shall include recommendations
    for:
            (A) a framework for collaborative, professional,
        innovative, and 21st century learning environments
        using the Evidence-Based Funding model;
            (B) ways to prepare and support this State's
        educators for successful instructional careers;
            (C) application and enhancement of the current
        financial accountability measures, the approved State
        plan to comply with the federal Every Student Succeeds
        Act, and the Illinois Balanced Accountability Measures
        in relation to student growth and elements of the
        Evidence-Based Funding model; and
            (D) implementation of an effective school adequacy
        funding system based on projected and recommended
        funding levels from the General Assembly.
        (11) On an annual basis, the State Superintendent must
    recalibrate all of the following per pupil elements of the
    Adequacy Target and applied to the formulas, based on the
    study of average expenses and as reported in the most
    recent annual financial report:
            (A) Gifted under subparagraph (M) of paragraph (2)
        of subsection (b).
            (B) Instructional materials under subparagraph (O)
        of paragraph (2) of subsection (b).
            (C) Assessment under subparagraph (P) of paragraph
        (2) of subsection (b).
            (D) Student activities under subparagraph (R) of
        paragraph (2) of subsection (b).
            (E) Maintenance and operations under subparagraph
        (S) of paragraph (2) of subsection (b).
            (F) Central office under subparagraph (T) of
        paragraph (2) of subsection (b).
    (i) Professional Review Panel.
        (1) A Professional Review Panel is created to study
    and review topics related to the implementation and effect
    of Evidence-Based Funding, as assigned by a joint
    resolution or Public Act of the General Assembly or a
    motion passed by the State Board of Education. The Panel
    must provide recommendations to and serve the Governor,
    the General Assembly, and the State Board. The State
    Superintendent or his or her designee must serve as a
    voting member and chairperson of the Panel. The State
    Superintendent must appoint a vice chairperson from the
    membership of the Panel. The Panel must advance
    recommendations based on a three-fifths majority vote of
    Panel members present and voting. A minority opinion may
    also accompany any recommendation of the Panel. The Panel
    shall be appointed by the State Superintendent, except as
    otherwise provided in paragraph (2) of this subsection (i)
    and include the following members:
            (A) Two appointees that represent district
        superintendents, recommended by a statewide
        organization that represents district superintendents.
            (B) Two appointees that represent school boards,
        recommended by a statewide organization that
        represents school boards.
            (C) Two appointees from districts that represent
        school business officials, recommended by a statewide
        organization that represents school business
        officials.
            (D) Two appointees that represent school
        principals, recommended by a statewide organization
        that represents school principals.
            (E) Two appointees that represent teachers,
        recommended by a statewide organization that
        represents teachers.
            (F) Two appointees that represent teachers,
        recommended by another statewide organization that
        represents teachers.
            (G) Two appointees that represent regional
        superintendents of schools, recommended by
        organizations that represent regional superintendents.
            (H) Two independent experts selected solely by the
        State Superintendent.
            (I) Two independent experts recommended by public
        universities in this State.
            (J) One member recommended by a statewide
        organization that represents parents.
            (K) Two representatives recommended by collective
        impact organizations that represent major metropolitan
        areas or geographic areas in Illinois.
            (L) One member from a statewide organization
        focused on research-based education policy to support
        a school system that prepares all students for
        college, a career, and democratic citizenship.
            (M) One representative from a school district
        organized under Article 34 of this Code.
        The State Superintendent shall ensure that the
    membership of the Panel includes representatives from
    school districts and communities reflecting the
    geographic, socio-economic, racial, and ethnic diversity
    of this State. The State Superintendent shall additionally
    ensure that the membership of the Panel includes
    representatives with expertise in bilingual education and
    special education. Staff from the State Board shall staff
    the Panel.
        (2) In addition to those Panel members appointed by
    the State Superintendent, 4 members of the General
    Assembly shall be appointed as follows: one member of the
    House of Representatives appointed by the Speaker of the
    House of Representatives, one member of the Senate
    appointed by the President of the Senate, one member of
    the House of Representatives appointed by the Minority
    Leader of the House of Representatives, and one member of
    the Senate appointed by the Minority Leader of the Senate.
    There shall be one additional member appointed by the
    Governor. All members appointed by legislative leaders or
    the Governor shall be non-voting, ex officio members.
        (3) The Panel must study topics at the direction of
    the General Assembly or State Board of Education, as
    provided under paragraph (1). The Panel may also study the
    following topics at the direction of the chairperson:
            (A) The format and scope of annual spending plans
        referenced in paragraph (9) of subsection (h) of this
        Section.
            (B) The Comparable Wage Index under this Section.
            (C) Maintenance and operations, including capital
        maintenance and construction costs.
            (D) "At-risk student" definition.
            (E) Benefits.
            (F) Technology.
            (G) Local Capacity Target.
            (H) Funding for Alternative Schools, Laboratory
        Schools, safe schools, and alternative learning
        opportunities programs.
            (I) Funding for college and career acceleration
        strategies.
            (J) Special education investments.
            (K) Early childhood investments, in collaboration
        with the Illinois Early Learning Council.
        (4) (Blank).
        (5) Within 5 years after the implementation of this
    Section, and every 5 years thereafter, the Panel shall
    complete an evaluative study of the entire Evidence-Based
    Funding model, including an assessment of whether or not
    the formula is achieving State goals. The Panel shall
    report to the State Board, the General Assembly, and the
    Governor on the findings of the study.
        (6) (Blank).
        (7) To ensure that (i) the Adequacy Target calculation
    under subsection (b) accurately reflects the needs of
    students living in poverty or attending schools located in
    areas of high poverty, (ii) racial equity within the
    Evidence-Based Funding formula is explicitly explored and
    advanced, and (iii) the funding goals of the formula
    distribution system established under this Section are
    sufficient to provide adequate funding for every student
    and to fully fund every school in this State, the Panel
    shall review the Essential Elements under paragraph (2) of
    subsection (b). The Panel shall consider all of the
    following in its review:
            (A) The financial ability of school districts to
        provide instruction in a foreign language to every
        student and whether an additional Essential Element
        should be added to the formula to ensure that every
        student has access to instruction in a foreign
        language.
            (B) The adult-to-student ratio for each Essential
        Element in which a ratio is identified. The Panel
        shall consider whether the ratio accurately reflects
        the staffing needed to support students living in
        poverty or who have traumatic backgrounds.
            (C) Changes to the Essential Elements that may be
        required to better promote racial equity and eliminate
        structural racism within schools.
            (D) The impact of investing $350,000,000 in
        additional funds each year under this Section and an
        estimate of when the school system will become fully
        funded under this level of appropriation.
            (E) Provide an overview of alternative funding
        structures that would enable the State to become fully
        funded at an earlier date.
            (F) The potential to increase efficiency and to
        find cost savings within the school system to expedite
        the journey to a fully funded system.
            (G) The appropriate levels for reenrolling and
        graduating high-risk high school students who have
        been previously out of school. These outcomes shall
        include enrollment, attendance, skill gains, credit
        gains, graduation or promotion to the next grade
        level, and the transition to college, training, or
        employment, with an emphasis on progressively
        increasing the overall attendance.
            (H) The evidence-based or research-based practices
        that are shown to reduce the gaps and disparities
        experienced by African American students in academic
        achievement and educational performance, including
        practices that have been shown to reduce disparities
        in disciplinary rates, drop-out rates, graduation
        rates, college matriculation rates, and college
        completion rates.
        On or before December 31, 2021, the Panel shall report
    to the State Board, the General Assembly, and the Governor
    on the findings of its review. This paragraph (7) is
    inoperative on and after July 1, 2022.
        (8) On or before April 1, 2024, the Panel must submit a
    report to the General Assembly on annual adjustments to
    Glenwood Academy's base-funding minimum in a similar
    fashion to school districts under this Section.
    (j) References. Beginning July 1, 2017, references in
other laws to general State aid funds or calculations under
Section 18-8.05 of this Code (now repealed) shall be deemed to
be references to evidence-based model formula funds or
calculations under this Section.
(Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;
102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.
1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,
eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;
revised 8-30-23.)
 
    (105 ILCS 5/19-6)  (from Ch. 122, par. 19-6)
    Sec. 19-6. Bond money to school treasurer; delivery
treasurer - Delivery of bonds; record; payment bonds - Record -
Payment. All moneys borrowed under the authority of this
Act, except money borrowed by school districts having a
population of more than 500,000 inhabitants, shall be paid to
the school treasurer of the district. The treasurer shall,
before receiving any of the money, execute a bond with a surety
company authorized to do business in this State, as surety,
payable to the school board of the district in Class I county
school units or township trustees in Class II county school
units and conditioned upon the faithful discharge of his
duties, except that the bond required of the school treasurer
of a school district which is located in a Class II county
school unit but which no longer is subject to the jurisdiction
and authority of a township treasurer or trustees of schools
of a township because the district has withdrawn from the
jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices
have been abolished as provided in subsection (b) or (c) of
Section 5-1 shall be payable to the school board of such
district and conditioned upon the faithful discharge of his
duties. The bond shall be submitted for approval or rejection
to the school board of the district or to the township trustees
to which such bond is payable. The penalty of the bond or bonds
shall be an amount no less than 10% of the amount of such bond
issue, whether individuals act as surety or whether the surety
is given by a surety company authorized to transact business
in this State. The bond shall be in substantially the same form
as that required by Section 8-2 of this Act and when so given
shall fully describe the bond issue which it specifically
covers and shall remain in force until the funds of the bond
issue are taken into account in determining the penalty amount
for the surety bond required by Section 8-2 of this Code. Upon
receiving such moneys the treasurer shall deliver the bonds
issued therefor to the persons entitled to receive them, and
shall credit the funds received to the district issuing the
bonds. The treasurer shall record the amount received for each
bond issued. When any bonds are paid the treasurer shall
cancel them and shall enter, against the record of the bonds,
the words, "paid and cancelled the .... day of ...., 1 ....,"
filling the blanks with the day, month, and year corresponding
to the date of payment.
(Source: P.A. 103-49, eff. 6-9-23; revised 9-20-23.)
 
    (105 ILCS 5/21B-30)
    Sec. 21B-30. Educator testing.
    (a) (Blank).
    (b) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, shall design
and implement a system of examinations, which shall be
required prior to the issuance of educator licenses. These
examinations and indicators must be based on national and
State professional teaching standards, as determined by the
State Board of Education, in consultation with the State
Educator Preparation and Licensure Board. The State Board of
Education may adopt such rules as may be necessary to
implement and administer this Section.
    (c) (Blank).
    (c-5) The State Board must adopt rules to implement a
paraprofessional competency test. This test would allow an
applicant seeking an Educator License with Stipulations with a
paraprofessional educator endorsement to obtain the
endorsement if he or she passes the test and meets the other
requirements of subparagraph (J) of paragraph (2) of Section
21B-20 other than the higher education requirements.
    (d) All applicants seeking a State license shall be
required to pass a test of content area knowledge for each area
of endorsement for which there is an applicable test. There
shall be no exception to this requirement. No candidate shall
be allowed to student teach or serve as the teacher of record
until he or she has passed the applicable content area test.
    (d-5) The State Board shall consult with any applicable
vendors within 90 days after July 28, 2023 (the effective date
of Public Act 103-402) this amendatory Act of the 103rd
General Assembly to develop a plan to transition the test of
content area knowledge in the endorsement area of elementary
education, grades one through 6, by July 1, 2026 to a content
area test that contains testing elements that cover
bilingualism, biliteracy, oral language development,
foundational literacy skills, and developmentally appropriate
higher-order comprehension and on which a valid and reliable
language and literacy subscore can be determined. The State
Board shall base its rules concerning the passing subscore on
the language and literacy portion of the test on the
recommended cut-score determined in the formal
standard-setting process. Candidates need not achieve a
particular subscore in the area of language and literacy. The
State Board shall aggregate and publish the number of
candidates in each preparation program who take the test and
the number who pass the language and literacy portion.
    (e) (Blank).
    (f) Beginning on August 4, 2023 (the effective date of
Public Act 103-488) this amendatory Act of the 103rd General
Assembly through August 31, 2025, no candidate completing a
teacher preparation program in this State or candidate subject
to Section 21B-35 of this Code is required to pass a teacher
performance assessment. Except as otherwise provided in this
Article, beginning on September 1, 2015 until August 4, 2023
(the effective date of Public Act 103-488) this amendatory Act
of the 103rd General Assembly and beginning again on September
1, 2025, all candidates completing teacher preparation
programs in this State and all candidates subject to Section
21B-35 of this Code are required to pass a teacher performance
assessment approved by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board. A candidate may not be required to submit test
materials by video submission. Subject to appropriation, an
individual who holds a Professional Educator License and is
employed for a minimum of one school year by a school district
designated as Tier 1 under Section 18-8.15 may, after
application to the State Board, receive from the State Board a
refund for any costs associated with completing the teacher
performance assessment under this subsection.
    (f-5) The Teacher Performance Assessment Task Force is
created to evaluate potential performance-based and objective
teacher performance assessment systems for implementation
across all educator preparation programs in this State, with
the intention of ensuring consistency across programs and
supporting a thoughtful and well-rounded licensure system.
Members appointed to the Task Force must reflect the racial,
ethnic, and geographic diversity of this State. The Task Force
shall consist of all of the following members:
        (1) One member of the Senate, appointed by the
    President of the Senate.
        (2) One member of the Senate, appointed by the
    Minority Leader of the Senate.
        (3) One member of the House of Representatives,
    appointed by the Speaker of the House of Representatives.
        (4) One member of the House of Representatives,
    appointed by the Minority Leader of the House of
    Representatives.
        (5) One member who represents a statewide professional
    teachers' organization, appointed by the State
    Superintendent of Education.
        (6) One member who represents a different statewide
    professional teachers' organization, appointed by the
    State Superintendent of Education.
        (7) One member from a statewide organization
    representing school principals, appointed by the State
    Superintendent of Education.
        (8) One member from a statewide organization
    representing regional superintendents of schools,
    appointed by the State Superintendent of Education.
        (9) One member from a statewide organization
    representing school administrators, appointed by the State
    Superintendent of Education.
        (10) One member representing a school district
    organized under Article 34 of this Code, appointed by the
    State Superintendent of Education.
        (11) One member of an association representing rural
    and small schools, appointed by the State Superintendent
    of Education.
        (12) One member representing a suburban school
    district, appointed by the State Superintendent of
    Education.
        (13) One member from a statewide organization
    representing school districts in the southern suburbs of
    the City of Chicago, appointed by the State Superintendent
    of Education.
        (14) One member from a statewide organization
    representing large unit school districts, appointed by the
    State Superintendent of Education.
        (15) One member from a statewide organization
    representing school districts in the collar counties of
    the City of Chicago, appointed by the State Superintendent
    of Education.
        (16) Three members, each representing a different
    public university in this State and each a current member
    of the faculty of an approved educator preparation
    program, appointed by the State Superintendent of
    Education.
        (17) Three members, each representing a different
    4-year nonpublic university or college in this State and
    each a current member of the faculty of an approved
    educator preparation program, appointed by the State
    Superintendent of Education.
        (18) One member of the Board of Higher Education,
    appointed by the State Superintendent of Education.
        (19) One member representing a statewide policy
    organization advocating on behalf of multilingual students
    and families, appointed by the State Superintendent of
    Education.
        (20) One member representing a statewide organization
    focused on research-based education policy to support a
    school system that prepares all students for college, a
    career, and democratic citizenship, appointed by the State
    Superintendent of Education.
        (21) Two members representing an early childhood
    advocacy organization, appointed by the State
    Superintendent of Education.
        (22) One member representing a statewide organization
    that partners with educator preparation programs and
    school districts to support the growth and development of
    preservice teachers, appointed by the State Superintendent
    of Education.
        (23) One member representing a statewide organization
    that advocates for educational equity and racial justice
    in schools, appointed by the State Superintendent of
    Education.
        (24) One member representing a statewide organization
    that represents school boards, appointed by the State
    Superintendent of Education.
        (25) One member who has, within the last 5 years,
    served as a cooperating teacher, appointed by the State
    Superintendent of Education.
    Members of the Task Force shall serve without
compensation. The Task Force shall first meet at the call of
the State Superintendent of Education, and each subsequent
meeting shall be called by the chairperson of the Task Force,
who shall be designated by the State Superintendent of
Education. The State Board of Education shall provide
administrative and other support to the Task Force.
    On or before August 1, 2024, the Task Force shall report on
its work, including recommendations on a teacher performance
assessment system in this State, to the State Board of
Education and the General Assembly. The Task Force is
dissolved upon submission of this report.
    (g) The content area knowledge test and the teacher
performance assessment shall be the tests that from time to
time are designated by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board, and may be tests prepared by an educational testing
organization or tests designed by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The test of content area knowledge shall
assess content knowledge in a specific subject field. The
tests must be designed to be racially neutral to ensure that no
person taking the tests is discriminated against on the basis
of race, color, national origin, or other factors unrelated to
the person's ability to perform as a licensed employee. The
score required to pass the tests shall be fixed by the State
Board of Education, in consultation with the State Educator
Preparation and Licensure Board. The tests shall be
administered not fewer than 3 times a year at such time and
place as may be designated by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board.
    The State Board shall implement a test or tests to assess
the speaking, reading, writing, and grammar skills of
applicants for an endorsement or a license issued under
subdivision (G) of paragraph (2) of Section 21B-20 of this
Code in the English language and in the language of the
transitional bilingual education program requested by the
applicant.
    (h) Except as provided in Section 34-6 of this Code, the
provisions of this Section shall apply equally in any school
district subject to Article 34 of this Code.
    (i) The rules developed to implement and enforce the
testing requirements under this Section shall include, without
limitation, provisions governing test selection, test
validation, and determination of a passing score,
administration of the tests, frequency of administration,
applicant fees, frequency of applicants taking the tests, the
years for which a score is valid, and appropriate special
accommodations. The State Board of Education shall develop
such rules as may be needed to ensure uniformity from year to
year in the level of difficulty for each form of an assessment.
(Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23;
103-488, eff. 8-4-23; revised 9-1-23.)
 
    (105 ILCS 5/21B-50)
    Sec. 21B-50. Alternative Educator Licensure Program for
Teachers.
    (a) There is established an alternative educator licensure
program, to be known as the Alternative Educator Licensure
Program for Teachers.
    (b) The Alternative Educator Licensure Program for
Teachers may be offered by a recognized institution approved
to offer educator preparation programs by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board.
    The program shall be comprised of up to 3 phases:
        (1) A course of study that at a minimum includes
    instructional planning; instructional strategies,
    including special education, reading, and English language
    learning; classroom management; and the assessment of
    students and use of data to drive instruction.
        (2) A year of residency, which is a candidate's
    assignment to a full-time teaching position or as a
    co-teacher for one full school year. An individual must
    hold an Educator License with Stipulations with an
    alternative provisional educator endorsement in order to
    enter the residency. In residency, the candidate must: be
    assigned an effective, fully licensed teacher by the
    principal or principal equivalent to act as a mentor and
    coach the candidate through residency, complete additional
    program requirements that address required State and
    national standards, pass the State Board's teacher
    performance assessment, if required under Section 21B-30,
    and be recommended by the principal or qualified
    equivalent of a principal, as required under subsection
    (d) of this Section, and the program coordinator to be
    recommended for full licensure or to continue with a
    second year of the residency.
        (3) (Blank).
        (4) A comprehensive assessment of the candidate's
    teaching effectiveness, as evaluated by the principal or
    qualified equivalent of a principal, as required under
    subsection (d) of this Section, and the program
    coordinator, at the end of either the first or the second
    year of residency. If there is disagreement between the 2
    evaluators about the candidate's teaching effectiveness at
    the end of the first year of residency, a second year of
    residency shall be required. If there is disagreement
    between the 2 evaluators at the end of the second year of
    residency, the candidate may complete one additional year
    of residency teaching under a professional development
    plan developed by the principal or qualified equivalent
    and the preparation program. At the completion of the
    third year, a candidate must have positive evaluations and
    a recommendation for full licensure from both the
    principal or qualified equivalent and the program
    coordinator or no Professional Educator License shall be
    issued.
    Successful completion of the program shall be deemed to
satisfy any other practice or student teaching and content
matter requirements established by law.
    (c) An alternative provisional educator endorsement on an
Educator License with Stipulations is valid for up to 2 years
of teaching in the public schools, including without
limitation a preschool educational program under Section
2-3.71 of this Code or charter school, or in a
State-recognized nonpublic school in which the chief
administrator is required to have the licensure necessary to
be a principal in a public school in this State and in which a
majority of the teachers are required to have the licensure
necessary to be instructors in a public school in this State,
but may be renewed for a third year if needed to complete the
Alternative Educator Licensure Program for Teachers. The
endorsement shall be issued only once to an individual who
meets all of the following requirements:
        (1) Has graduated from a regionally accredited college
    or university with a bachelor's degree or higher.
        (2) (Blank).
        (3) Has completed a major in the content area if
    seeking a middle or secondary level endorsement or, if
    seeking an early childhood, elementary, or special
    education endorsement, has completed a major in the
    content area of early childhood reading, English/language
    arts, mathematics, or one of the sciences. If the
    individual does not have a major in a content area for any
    level of teaching, he or she must submit transcripts to
    the State Board of Education to be reviewed for
    equivalency.
        (4) Has successfully completed phase (1) of subsection
    (b) of this Section.
        (5) Has passed a content area test required for the
    specific endorsement for admission into the program, as
    required under Section 21B-30 of this Code.
    A candidate possessing the alternative provisional
educator endorsement may receive a salary, benefits, and any
other terms of employment offered to teachers in the school
who are members of an exclusive bargaining representative, if
any, but a school is not required to provide these benefits
during the years of residency if the candidate is serving only
as a co-teacher. If the candidate is serving as the teacher of
record, the candidate must receive a salary, benefits, and any
other terms of employment. Residency experiences must not be
counted towards tenure.
    (d) The recognized institution offering the Alternative
Educator Licensure Program for Teachers must partner with a
school district, including without limitation a preschool
educational program under Section 2-3.71 of this Code or
charter school, or a State-recognized, nonpublic school in
this State in which the chief administrator is required to
have the licensure necessary to be a principal in a public
school in this State and in which a majority of the teachers
are required to have the licensure necessary to be instructors
in a public school in this State. A recognized institution
that partners with a public school district administering a
preschool educational program under Section 2-3.71 of this
Code must require a principal to recommend or evaluate
candidates in the program. A recognized institution that
partners with an eligible entity administering a preschool
educational program under Section 2-3.71 of this Code and that
is not a public school district must require a principal or
qualified equivalent of a principal to recommend or evaluate
candidates in the program. The program presented for approval
by the State Board of Education must demonstrate the supports
that are to be provided to assist the provisional teacher
during the one-year 1-year or 2-year residency period and if
the residency period is to be less than 2 years in length,
assurances from the partner school districts to provide
intensive mentoring and supports through at least the end of
the second full year of teaching for educators who completed
the Alternative Educator Educators Licensure Program for
Teachers in less than 2 years. These supports must, at a
minimum, provide additional contact hours with mentors during
the first year of residency.
    (e) Upon completion of phases under paragraphs (1), (2),
(4), and, if needed, (3) in subsection (b) of this Section and
all assessments required under Section 21B-30 of this Code, an
individual shall receive a Professional Educator License.
    (f) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to establish and implement the
Alternative Educator Licensure Program for Teachers.
(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
revised 9-1-23.)
 
    (105 ILCS 5/21B-70)
    Sec. 21B-70. Illinois Teaching Excellence Program.
    (a) As used in this Section:
    "Diverse candidate" means a candidate who identifies with
any of the ethnicities reported on the Illinois Report Card
other than White.
    "Hard-to-staff school" means a public school in which no
less than 30% of the student enrollment is considered
low-income as reported by the report card under Section 10-17a
of this Code.
    "National Board certified teacher candidate cohort
facilitator" means a National Board certified teacher who
collaborates to advance the goal of supporting all other
candidate cohorts other than diverse candidate cohorts through
the Illinois National Board for Professional Teaching
Standards Comprehensive Support System.
    "National Board certified teacher diverse candidate cohort
facilitator" means a National Board certified teacher who
collaborates to advance the goal of supporting racially and
ethnically diverse candidates through the Illinois National
Board for Professional Teaching Standards Comprehensive
Support System.
    "National Board certified teacher diverse liaison" means
an individual or entity that supports the National Board
certified teacher leading a diverse candidate cohort.
    "National Board certified teacher liaison" means an
individual or entity that supports the National Board
certified teacher leading candidate cohorts other than diverse
candidate cohorts.
    "National Board certified teacher rural or remote or
distant candidate cohort facilitator" means a National Board
certified teacher who collaborates to advance the goal of
supporting rural or remote candidates through the Illinois
National Board for Professional Teaching Standards
Comprehensive Support System.
    "National Board certified teacher rural or remote or
distant liaison" means an individual or entity that supports
the National Board certified teacher leading a rural or remote
candidate cohort.
    "Qualified educator" means a teacher or school counselor
currently employed in a school district who is in the process
of obtaining certification through the National Board for
Professional Teaching Standards or who has completed
certification and holds a current Professional Educator
License with a National Board for Professional Teaching
Standards designation or a retired teacher or school counselor
who holds a Professional Educator License with a National
Board for Professional Teaching Standards designation.
    "Rural or remote" or "rural or remote or distant" means
local codes 32, 33, 41, 42, and 43 of the New Urban-Centric
Locale Codes, as defined by the National Center for Education
Statistics.
    "Tier 1" has the meaning given to that term under Section
18-8.15.
    "Tier 2" has the meaning given to that term under Section
18-8.15.
    (b) Any funds appropriated for the Illinois Teaching
Excellence Program must be used to provide monetary assistance
and incentives for qualified educators who are employed by or
retired from school districts and who have or are in the
process of obtaining licensure through the National Board for
Professional Teaching Standards. The goal of the program is to
improve instruction and student performance.
    The State Board of Education shall allocate an amount as
annually appropriated by the General Assembly for the Illinois
Teaching Excellence Program for (i) application or re-take
fees for each qualified educator seeking to complete
certification through the National Board for Professional
Teaching Standards, to be paid directly to the National Board
for Professional Teaching Standards, and (ii) incentives under
paragraphs (1), (2), and (3) of subsection (c) for each
qualified educator, to be distributed to the respective school
district, and incentives under paragraph (5) of subsection
(c), to be distributed to the respective school district or
directly to the qualified educator. The school district shall
distribute this payment to each eligible teacher or school
counselor as a single payment.
    The State Board of Education's annual budget must set out
by separate line item the appropriation for the program.
Unless otherwise provided by appropriation, qualified
educators are eligible for monetary assistance and incentives
outlined in subsections (c) and (d) of this Section.
    (c) When there are adequate funds available, monetary
assistance and incentives shall include the following:
        (1) A maximum of $2,000 toward towards the application
    or re-take fee for teachers or school counselors in a Tier
    1 school district who apply on a first-come, first-serve
    basis for National Board certification.
        (2) A maximum of $2,000 toward towards the application
    or re-take fee for teachers or school counselors in a
    school district other than a Tier 1 school district who
    apply on a first-come, first-serve basis for National
    Board certification.
        (3) A maximum of $1,000 toward towards the National
    Board for Professional Teaching Standards' renewal
    application fee.
        (4) (Blank).
        (5) An annual incentive of no more than $2,250
    prorated at $50 per hour, which shall be paid to each
    qualified educator currently employed in a school district
    who holds both a National Board for Professional Teaching
    Standards designation and a current corresponding
    certificate issued by the National Board for Professional
    Teaching Standards and who agrees, in writing, to provide
    up to 45 hours of mentoring or National Board for
    Professional Teaching Standards professional development
    or both during the school year to classroom teachers or
    school counselors, as applicable. Funds must be disbursed
    on a first-come, first-serve basis, with priority given to
    Tier 1 school districts. Mentoring shall include, either
    singly or in combination, the following:
            (A) National Board for Professional Teaching
        Standards certification candidates.
            (B) National Board for Professional Teaching
        Standards re-take candidates.
            (C) National Board for Professional Teaching
        Standards renewal candidates.
            (D) (Blank).
    Funds may also be used for professional development
training provided by the National Board Resource Center.
    Funds may also be used for instructional leadership
training for qualified educators interested in supporting
implementation of the Illinois Learning Standards or teaching
and learning priorities of the State Board of Education or
both.
    (d) In addition to the monetary assistance and incentives
provided under subsection (c), if adequate funds are
available, incentives shall include the following incentives
for the program in rural or remote schools or school districts
or for programs working with diverse candidates or for
retention bonuses for hard-to-staff hard to staff schools, to
be distributed to the respective school district or directly
to the qualified educator or entity:
        (1) A one-time incentive of $3,000 payable to National
    Board certified teachers teaching in Tier 1 or Tier 2
    rural or remote school districts or rural or remote
    schools in Tier 1 or Tier 2 school districts, with
    priority given to teachers teaching in Tier 1 rural or
    remote school districts or rural or remote schools in Tier
    1 school districts.
        (2) An annual incentive of $3,200 for National Board
    certified teacher rural or remote or distant candidate
    cohort facilitators, diverse candidate cohort
    facilitators, and candidate cohort facilitators. Priority
    shall be given to rural or remote candidate cohort
    facilitators and diverse candidate cohort facilitators.
        (3) An annual incentive of $2,500 for National Board
    certified teacher rural or remote or distant liaisons,
    diverse liaisons, and liaisons. Priority shall be given to
    rural or remote liaisons and diverse liaisons.
        (4) An annual retention bonus of $4,000 per year for 2
    consecutive years shall be awarded to National Board
    certified teachers employed in hard-to-staff schools.
    Funds must be disbursed on a first-come, first-served
    basis.
(Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24;
revised 12-12-23.)
 
    (105 ILCS 5/22-30)
    (Text of Section before amendment by P.A. 103-542)
    Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine injectors; administration of
undesignated epinephrine injectors; administration of an
opioid antagonist; administration of undesignated asthma
medication; supply of undesignated oxygen tanks; asthma
episode emergency response protocol.
    (a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
    "Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
    "Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
    "Epinephrine injector" includes an auto-injector approved
by the United States Food and Drug Administration for the
administration of epinephrine and a pre-filled syringe
approved by the United States Food and Drug Administration and
used for the administration of epinephrine that contains a
pre-measured dose of epinephrine that is equivalent to the
dosages used in an auto-injector.
    "Asthma medication" means quick-relief asthma medication,
including albuterol or other short-acting bronchodilators,
that is approved by the United States Food and Drug
Administration for the treatment of respiratory distress.
"Asthma medication" includes medication delivered through a
device, including a metered dose inhaler with a reusable or
disposable spacer or a nebulizer with a mouthpiece or mask.
    "Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
    "Respiratory distress" means the perceived or actual
presence of wheezing, coughing, shortness of breath, chest
tightness, breathing difficulty, or any other symptoms
consistent with asthma. Respiratory distress may be
categorized as "mild-to-moderate" or "severe".
    "School nurse" means a registered nurse working in a
school with or without licensure endorsed in school nursing.
    "Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
injector.
    "Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine injector.
    "Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
    "Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis, an opioid overdose, or respiratory distress.
    "Undesignated asthma medication" means asthma medication
prescribed in the name of a school district, public school,
charter school, or nonpublic school.
    "Undesignated epinephrine injector" means an epinephrine
injector prescribed in the name of a school district, public
school, charter school, or nonpublic school.
    (b) A school, whether public, charter, or nonpublic, must
permit the self-administration and self-carry of asthma
medication by a pupil with asthma or the self-administration
and self-carry of an epinephrine injector by a pupil, provided
that:
        (1) the parents or guardians of the pupil provide to
    the school (i) written authorization from the parents or
    guardians for (A) the self-administration and self-carry
    of asthma medication or (B) the self-carry of asthma
    medication or (ii) for (A) the self-administration and
    self-carry of an epinephrine injector or (B) the
    self-carry of an epinephrine injector, written
    authorization from the pupil's physician, physician
    assistant, or advanced practice registered nurse; and
        (2) the parents or guardians of the pupil provide to
    the school (i) the prescription label, which must contain
    the name of the asthma medication, the prescribed dosage,
    and the time at which or circumstances under which the
    asthma medication is to be administered, or (ii) for the
    self-administration or self-carry of an epinephrine
    injector, a written statement from the pupil's physician,
    physician assistant, or advanced practice registered nurse
    containing the following information:
            (A) the name and purpose of the epinephrine
        injector;
            (B) the prescribed dosage; and
            (C) the time or times at which or the special
        circumstances under which the epinephrine injector is
        to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
    (b-5) A school district, public school, charter school, or
nonpublic school may authorize the provision of a
student-specific or undesignated epinephrine injector to a
student or any personnel authorized under a student's
Individual Health Care Action Plan, allergy emergency action
plan, or plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973 to administer an epinephrine
injector to the student, that meets the student's prescription
on file.
    (b-10) The school district, public school, charter school,
or nonpublic school may authorize a school nurse or trained
personnel to do the following: (i) provide an undesignated
epinephrine injector to a student for self-administration only
or any personnel authorized under a student's Individual
Health Care Action Plan, allergy emergency action plan, plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973, or individualized education program plan to administer
to the student that meets the student's prescription on file;
(ii) administer an undesignated epinephrine injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, allergy emergency action
plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan that authorizes the use of an epinephrine
injector; (iii) administer an undesignated epinephrine
injector to any person that the school nurse or trained
personnel in good faith believes is having an anaphylactic
reaction; (iv) administer an opioid antagonist to any person
that the school nurse or trained personnel in good faith
believes is having an opioid overdose; (v) provide
undesignated asthma medication to a student for
self-administration only or to any personnel authorized under
a student's Individual Health Care Action Plan or asthma
action plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan to administer to the student that meets the
student's prescription on file; (vi) administer undesignated
asthma medication that meets the prescription on file to any
student who has an Individual Health Care Action Plan or
asthma action plan, plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973, or individualized
education program plan that authorizes the use of asthma
medication; and (vii) administer undesignated asthma
medication to any person that the school nurse or trained
personnel believes in good faith is having respiratory
distress.
    (c) The school district, public school, charter school, or
nonpublic school must inform the parents or guardians of the
pupil, in writing, that the school district, public school,
charter school, or nonpublic school and its employees and
agents, including a physician, physician assistant, or
advanced practice registered nurse providing standing protocol
and a prescription for school epinephrine injectors, an opioid
antagonist, or undesignated asthma medication, are to incur no
liability or professional discipline, except for willful and
wanton conduct, as a result of any injury arising from the
administration of asthma medication, an epinephrine injector,
or an opioid antagonist regardless of whether authorization
was given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice
registered nurse. The parents or guardians of the pupil must
sign a statement acknowledging that the school district,
public school, charter school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse and that the parents or guardians
must indemnify and hold harmless the school district, public
school, charter school, or nonpublic school and its employees
and agents against any claims, except a claim based on willful
and wanton conduct, arising out of the administration of
asthma medication, an epinephrine injector, or an opioid
antagonist regardless of whether authorization was given by
the pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
    (c-5) When a school nurse or trained personnel administers
an undesignated epinephrine injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction, administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
or administers undesignated asthma medication to a person whom
the school nurse or trained personnel in good faith believes
is having respiratory distress, notwithstanding the lack of
notice to the parents or guardians of the pupil or the absence
of the parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, charter school, or nonpublic school
and its employees and agents, and a physician, a physician
assistant, or an advanced practice registered nurse providing
standing protocol and a prescription for undesignated
epinephrine injectors, an opioid antagonist, or undesignated
asthma medication, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine injector, the use of an opioid antagonist, or the
use of undesignated asthma medication, regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
    (d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine injector is effective for the school year
for which it is granted and shall be renewed each subsequent
school year upon fulfillment of the requirements of this
Section.
    (e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine injector (i)
while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
    (e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine injector to any person whom the
school nurse or trained personnel in good faith believes to be
having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after
normal school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine injectors on his
or her person while in school or at a school-sponsored
activity.
    (e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an
opioid overdose (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school
care on school-operated property. A school nurse or trained
personnel may carry an opioid antagonist on his or her person
while in school or at a school-sponsored activity.
    (e-15) If the requirements of this Section are met, a
school nurse or trained personnel may administer undesignated
asthma medication to any person whom the school nurse or
trained personnel in good faith believes to be experiencing
respiratory distress (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, including before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry undesignated asthma medication on his or her person
while in school or at a school-sponsored activity.
    (f) The school district, public school, charter school, or
nonpublic school may maintain a supply of undesignated
epinephrine injectors in any secure location that is
accessible before, during, and after school where an allergic
person is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has prescriptive authority in accordance with Section 7.5
of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine injectors
in the name of the school district, public school, charter
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine injectors shall be
maintained in accordance with the manufacturer's instructions.
    The school district, public school, charter school, or
nonpublic school shall maintain a supply of an opioid
antagonist in any secure location where an individual may have
an opioid overdose, unless there is a shortage of opioid
antagonists, in which case the school district, public school,
charter school, or nonpublic school shall make a reasonable
effort to maintain a supply of an opioid antagonist. Unless
the school district, public school, charter school, or
nonpublic school is able to obtain opioid antagonists without
a prescription, a health care professional who has been
delegated prescriptive authority for opioid antagonists in
accordance with Section 5-23 of the Substance Use Disorder Act
shall prescribe opioid antagonists in the name of the school
district, public school, charter school, or nonpublic school,
to be maintained for use when necessary. Any supply of opioid
antagonists shall be maintained in accordance with the
manufacturer's instructions.
    The school district, public school, charter school, or
nonpublic school may maintain a supply of asthma medication in
any secure location that is accessible before, during, or
after school where a person is most at risk, including, but not
limited to, a classroom or the nurse's office. A physician, a
physician assistant who has prescriptive authority under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or an advanced practice registered nurse who has prescriptive
authority under Section 65-40 of the Nurse Practice Act may
prescribe undesignated asthma medication in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
undesignated asthma medication must be maintained in
accordance with the manufacturer's instructions.
    A school district that provides special educational
facilities for children with disabilities under Section
14-4.01 of this Code may maintain a supply of undesignated
oxygen tanks in any secure location that is accessible before,
during, and after school where a person with developmental
disabilities is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has prescriptive authority in accordance with Section 7.5
of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated oxygen tanks in the
name of the school district that provides special educational
facilities for children with disabilities under Section
14-4.01 of this Code to be maintained for use when necessary.
Any supply of oxygen tanks shall be maintained in accordance
with the manufacturer's instructions and with the local fire
department's rules.
    (f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine injectors and providing training to
personnel for carrying and administering undesignated
epinephrine injectors shall pay for the costs of the
undesignated epinephrine injectors.
    (f-5) Upon any administration of an epinephrine injector,
a school district, public school, charter school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
    Upon any administration of an opioid antagonist, a school
district, public school, charter school, or nonpublic school
must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
    (f-10) Within 24 hours of the administration of an
undesignated epinephrine injector, a school district, public
school, charter school, or nonpublic school must notify the
physician, physician assistant, or advanced practice
registered nurse who provided the standing protocol and a
prescription for the undesignated epinephrine injector of its
use.
    Within 24 hours after the administration of an opioid
antagonist, a school district, public school, charter school,
or nonpublic school must notify the health care professional
who provided the prescription for the opioid antagonist of its
use.
    Within 24 hours after the administration of undesignated
asthma medication, a school district, public school, charter
school, or nonpublic school must notify the student's parent
or guardian or emergency contact, if known, and the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol and a prescription for the
undesignated asthma medication of its use. The district or
school must follow up with the school nurse, if available, and
may, with the consent of the child's parent or guardian,
notify the child's health care provider of record, as
determined under this Section, of its use.
    (g) Prior to the administration of an undesignated
epinephrine injector, trained personnel must submit to the
school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. The school district, public
school, charter school, or nonpublic school must maintain
records related to the training curriculum and trained
personnel.
    Prior to the administration of an opioid antagonist,
trained personnel must submit to the school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. The school
district, public school, charter school, or nonpublic school
must maintain records relating to the training curriculum and
the trained personnel.
    Prior to the administration of undesignated asthma
medication, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to respiratory distress, which must meet
the requirements of subsection (h-10) of this Section.
Training must be completed annually, and the school district,
public school, charter school, or nonpublic school must
maintain records relating to the training curriculum and the
trained personnel.
    (h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine injector, may be conducted online or in person.
    Training shall include, but is not limited to:
        (1) how to recognize signs and symptoms of an allergic
    reaction, including anaphylaxis;
        (2) how to administer an epinephrine injector; and
        (3) a test demonstrating competency of the knowledge
    required to recognize anaphylaxis and administer an
    epinephrine injector.
    Training may also include, but is not limited to:
        (A) a review of high-risk areas within a school and
    its related facilities;
        (B) steps to take to prevent exposure to allergens;
        (C) emergency follow-up procedures, including the
    importance of calling 9-1-1 or, if 9-1-1 is not available,
    other local emergency medical services;
        (D) how to respond to a student with a known allergy,
    as well as a student with a previously unknown allergy;
        (E) other criteria as determined in rules adopted
    pursuant to this Section; and
        (F) any policy developed by the State Board of
    Education under Section 2-3.190.
    In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all
of its branches, registered nurses, and school nurses, the
State Board of Education shall make available resource
materials consistent with criteria in this subsection (h) for
educating trained personnel to recognize and respond to
anaphylaxis. The State Board may take into consideration the
curriculum on this subject developed by other states, as well
as any other curricular materials suggested by medical experts
and other groups that work on life-threatening allergy issues.
The State Board is not required to create new resource
materials. The State Board shall make these resource materials
available on its Internet website.
    (h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Substance Use Disorder Act and the corresponding rules.
It must include, but is not limited to:
        (1) how to recognize symptoms of an opioid overdose;
        (2) information on drug overdose prevention and
    recognition;
        (3) how to perform rescue breathing and resuscitation;
        (4) how to respond to an emergency involving an opioid
    overdose;
        (5) opioid antagonist dosage and administration;
        (6) the importance of calling 9-1-1 or, if 9-1-1 is
    not available, other local emergency medical services;
        (7) care for the overdose victim after administration
    of the overdose antagonist;
        (8) a test demonstrating competency of the knowledge
    required to recognize an opioid overdose and administer a
    dose of an opioid antagonist; and
        (9) other criteria as determined in rules adopted
    pursuant to this Section.
    (h-10) A training curriculum to recognize and respond to
respiratory distress, including the administration of
undesignated asthma medication, may be conducted online or in
person. The training must include, but is not limited to:
        (1) how to recognize symptoms of respiratory distress
    and how to distinguish respiratory distress from
    anaphylaxis;
        (2) how to respond to an emergency involving
    respiratory distress;
        (3) asthma medication dosage and administration;
        (4) the importance of calling 9-1-1 or, if 9-1-1 is
    not available, other local emergency medical services;
        (5) a test demonstrating competency of the knowledge
    required to recognize respiratory distress and administer
    asthma medication; and
        (6) other criteria as determined in rules adopted
    under this Section.
    (i) Within 3 days after the administration of an
undesignated epinephrine injector by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
        (1) age and type of person receiving epinephrine
    (student, staff, visitor);
        (2) any previously known diagnosis of a severe
    allergy;
        (3) trigger that precipitated allergic episode;
        (4) location where symptoms developed;
        (5) number of doses administered;
        (6) type of person administering epinephrine (school
    nurse, trained personnel, student); and
        (7) any other information required by the State Board.
    If a school district, public school, charter school, or
nonpublic school maintains or has an independent contractor
providing transportation to students who maintains a supply of
undesignated epinephrine injectors, then the school district,
public school, charter school, or nonpublic school must report
that information to the State Board of Education upon adoption
or change of the policy of the school district, public school,
charter school, nonpublic school, or independent contractor,
in a manner as prescribed by the State Board. The report must
include the number of undesignated epinephrine injectors in
supply.
    (i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
        (1) the age and type of person receiving the opioid
    antagonist (student, staff, or visitor);
        (2) the location where symptoms developed;
        (3) the type of person administering the opioid
    antagonist (school nurse or trained personnel); and
        (4) any other information required by the State Board.
    (i-10) Within 3 days after the administration of
undesignated asthma medication by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education, on a form and in a manner prescribed by the State
Board of Education, the following information:
        (1) the age and type of person receiving the asthma
    medication (student, staff, or visitor);
        (2) any previously known diagnosis of asthma for the
    person;
        (3) the trigger that precipitated respiratory
    distress, if identifiable;
        (4) the location of where the symptoms developed;
        (5) the number of doses administered;
        (6) the type of person administering the asthma
    medication (school nurse, trained personnel, or student);
        (7) the outcome of the asthma medication
    administration; and
        (8) any other information required by the State Board.
    (j) By October 1, 2015 and every year thereafter, the
State Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
undesignated epinephrine and undesignated asthma medication
administration during the preceding academic year. Beginning
with the 2017 report, the report shall also contain
information on which school districts, public schools, charter
schools, and nonpublic schools maintain or have independent
contractors providing transportation to students who maintain
a supply of undesignated epinephrine injectors. This report
shall be published on the State Board's Internet website on
the date the report is delivered to the General Assembly.
    (j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if
applicable, may be attached to the pupil's federal Section 504
plan or individualized education program plan.
    (j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
    (j-15) Every 2 years, school personnel who work with
pupils shall complete an in-person or online training program
on the management of asthma, the prevention of asthma
symptoms, and emergency response in the school setting. In
consultation with statewide professional organizations with
expertise in asthma management, the State Board of Education
shall make available resource materials for educating school
personnel about asthma and emergency response in the school
setting.
    (j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
    (k) The State Board of Education may adopt rules necessary
to implement this Section.
    (l) Nothing in this Section shall limit the amount of
epinephrine injectors that any type of school or student may
carry or maintain a supply of.
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
1-1-24; revised 11-27-23.)
 
    (Text of Section after amendment by P.A. 103-542)
    Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine injectors; administration of
undesignated epinephrine injectors; administration of an
opioid antagonist; administration of undesignated asthma
medication; supply of undesignated oxygen tanks; asthma
episode emergency response protocol.
    (a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
    "Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
    "Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
    "Epinephrine injector" includes an auto-injector approved
by the United States Food and Drug Administration for the
administration of epinephrine and a pre-filled syringe
approved by the United States Food and Drug Administration and
used for the administration of epinephrine that contains a
pre-measured dose of epinephrine that is equivalent to the
dosages used in an auto-injector.
    "Asthma medication" means quick-relief asthma medication,
including albuterol or other short-acting bronchodilators,
that is approved by the United States Food and Drug
Administration for the treatment of respiratory distress.
"Asthma medication" includes medication delivered through a
device, including a metered dose inhaler with a reusable or
disposable spacer or a nebulizer with a mouthpiece or mask.
    "Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
    "Respiratory distress" means the perceived or actual
presence of wheezing, coughing, shortness of breath, chest
tightness, breathing difficulty, or any other symptoms
consistent with asthma. Respiratory distress may be
categorized as "mild-to-moderate" or "severe".
    "School nurse" means a registered nurse working in a
school with or without licensure endorsed in school nursing.
    "Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
injector.
    "Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine injector.
    "Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
    "Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis, an opioid overdose, or respiratory distress.
    "Undesignated asthma medication" means asthma medication
prescribed in the name of a school district, public school,
charter school, or nonpublic school.
    "Undesignated epinephrine injector" means an epinephrine
injector prescribed in the name of a school district, public
school, charter school, or nonpublic school.
    (b) A school, whether public, charter, or nonpublic, must
permit the self-administration and self-carry of asthma
medication by a pupil with asthma or the self-administration
and self-carry of an epinephrine injector by a pupil, provided
that:
        (1) the parents or guardians of the pupil provide to
    the school (i) written authorization from the parents or
    guardians for (A) the self-administration and self-carry
    of asthma medication or (B) the self-carry of asthma
    medication or (ii) for (A) the self-administration and
    self-carry of an epinephrine injector or (B) the
    self-carry of an epinephrine injector, written
    authorization from the pupil's physician, physician
    assistant, or advanced practice registered nurse; and
        (2) the parents or guardians of the pupil provide to
    the school (i) the prescription label, which must contain
    the name of the asthma medication, the prescribed dosage,
    and the time at which or circumstances under which the
    asthma medication is to be administered, or (ii) for the
    self-administration or self-carry of an epinephrine
    injector, a written statement from the pupil's physician,
    physician assistant, or advanced practice registered nurse
    containing the following information:
            (A) the name and purpose of the epinephrine
        injector;
            (B) the prescribed dosage; and
            (C) the time or times at which or the special
        circumstances under which the epinephrine injector is
        to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
    (b-5) A school district, public school, charter school, or
nonpublic school may authorize the provision of a
student-specific or undesignated epinephrine injector to a
student or any personnel authorized under a student's
Individual Health Care Action Plan, allergy emergency action
plan, or plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973 to administer an epinephrine
injector to the student, that meets the student's prescription
on file.
    (b-10) The school district, public school, charter school,
or nonpublic school may authorize a school nurse or trained
personnel to do the following: (i) provide an undesignated
epinephrine injector to a student for self-administration only
or any personnel authorized under a student's Individual
Health Care Action Plan, allergy emergency action plan, plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973, or individualized education program plan to administer
to the student that meets the student's prescription on file;
(ii) administer an undesignated epinephrine injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, allergy emergency action
plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan that authorizes the use of an epinephrine
injector; (iii) administer an undesignated epinephrine
injector to any person that the school nurse or trained
personnel in good faith believes is having an anaphylactic
reaction; (iv) administer an opioid antagonist to any person
that the school nurse or trained personnel in good faith
believes is having an opioid overdose; (v) provide
undesignated asthma medication to a student for
self-administration only or to any personnel authorized under
a student's Individual Health Care Action Plan or asthma
action plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan to administer to the student that meets the
student's prescription on file; (vi) administer undesignated
asthma medication that meets the prescription on file to any
student who has an Individual Health Care Action Plan or
asthma action plan, plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973, or individualized
education program plan that authorizes the use of asthma
medication; and (vii) administer undesignated asthma
medication to any person that the school nurse or trained
personnel believes in good faith is having respiratory
distress.
    (c) The school district, public school, charter school, or
nonpublic school must inform the parents or guardians of the
pupil, in writing, that the school district, public school,
charter school, or nonpublic school and its employees and
agents, including a physician, physician assistant, or
advanced practice registered nurse providing standing protocol
and a prescription for school epinephrine injectors, an opioid
antagonist, or undesignated asthma medication, are to incur no
liability or professional discipline, except for willful and
wanton conduct, as a result of any injury arising from the
administration of asthma medication, an epinephrine injector,
or an opioid antagonist regardless of whether authorization
was given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice
registered nurse. The parents or guardians of the pupil must
sign a statement acknowledging that the school district,
public school, charter school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse and that the parents or guardians
must indemnify and hold harmless the school district, public
school, charter school, or nonpublic school and its employees
and agents against any claims, except a claim based on willful
and wanton conduct, arising out of the administration of
asthma medication, an epinephrine injector, or an opioid
antagonist regardless of whether authorization was given by
the pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
    (c-5) When a school nurse or trained personnel administers
an undesignated epinephrine injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction, administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
or administers undesignated asthma medication to a person whom
the school nurse or trained personnel in good faith believes
is having respiratory distress, notwithstanding the lack of
notice to the parents or guardians of the pupil or the absence
of the parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, charter school, or nonpublic school
and its employees and agents, and a physician, a physician
assistant, or an advanced practice registered nurse providing
standing protocol and a prescription for undesignated
epinephrine injectors, an opioid antagonist, or undesignated
asthma medication, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine injector, the use of an opioid antagonist, or the
use of undesignated asthma medication, regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
    (d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine injector is effective for the school year
for which it is granted and shall be renewed each subsequent
school year upon fulfillment of the requirements of this
Section.
    (e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine injector (i)
while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
    (e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine injector to any person whom the
school nurse or trained personnel in good faith believes to be
having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after
normal school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine injectors on his
or her person while in school or at a school-sponsored
activity.
    (e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an
opioid overdose (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school
care on school-operated property. A school nurse or trained
personnel may carry an opioid antagonist on his or her person
while in school or at a school-sponsored activity.
    (e-15) If the requirements of this Section are met, a
school nurse or trained personnel may administer undesignated
asthma medication to any person whom the school nurse or
trained personnel in good faith believes to be experiencing
respiratory distress (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, including before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry undesignated asthma medication on his or her person
while in school or at a school-sponsored activity.
    (f) The school district, public school, charter school, or
nonpublic school may maintain a supply of undesignated
epinephrine injectors in any secure location that is
accessible before, during, and after school where an allergic
person is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has prescriptive authority in accordance with Section 7.5
of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine injectors
in the name of the school district, public school, charter
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine injectors shall be
maintained in accordance with the manufacturer's instructions.
    The school district, public school, charter school, or
nonpublic school shall maintain a supply of an opioid
antagonist in any secure location where an individual may have
an opioid overdose, unless there is a shortage of opioid
antagonists, in which case the school district, public school,
charter school, or nonpublic school shall make a reasonable
effort to maintain a supply of an opioid antagonist. Unless
the school district, public school, charter school, or
nonpublic school is able to obtain opioid antagonists without
a prescription, a health care professional who has been
delegated prescriptive authority for opioid antagonists in
accordance with Section 5-23 of the Substance Use Disorder Act
shall prescribe opioid antagonists in the name of the school
district, public school, charter school, or nonpublic school,
to be maintained for use when necessary. Any supply of opioid
antagonists shall be maintained in accordance with the
manufacturer's instructions.
    The school district, public school, charter school, or
nonpublic school may maintain a supply of asthma medication in
any secure location that is accessible before, during, or
after school where a person is most at risk, including, but not
limited to, a classroom or the nurse's office. A physician, a
physician assistant who has prescriptive authority under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or an advanced practice registered nurse who has prescriptive
authority under Section 65-40 of the Nurse Practice Act may
prescribe undesignated asthma medication in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
undesignated asthma medication must be maintained in
accordance with the manufacturer's instructions.
    A school district that provides special educational
facilities for children with disabilities under Section
14-4.01 of this Code may maintain a supply of undesignated
oxygen tanks in any secure location that is accessible before,
during, and after school where a person with developmental
disabilities is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has prescriptive authority in accordance with Section 7.5
of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated oxygen tanks in the
name of the school district that provides special educational
facilities for children with disabilities under Section
14-4.01 of this Code to be maintained for use when necessary.
Any supply of oxygen tanks shall be maintained in accordance
with the manufacturer's instructions and with the local fire
department's rules.
    (f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine injectors and providing training to
personnel for carrying and administering undesignated
epinephrine injectors shall pay for the costs of the
undesignated epinephrine injectors.
    (f-5) Upon any administration of an epinephrine injector,
a school district, public school, charter school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
    Upon any administration of an opioid antagonist, a school
district, public school, charter school, or nonpublic school
must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
    (f-10) Within 24 hours of the administration of an
undesignated epinephrine injector, a school district, public
school, charter school, or nonpublic school must notify the
physician, physician assistant, or advanced practice
registered nurse who provided the standing protocol and a
prescription for the undesignated epinephrine injector of its
use.
    Within 24 hours after the administration of an opioid
antagonist, a school district, public school, charter school,
or nonpublic school must notify the health care professional
who provided the prescription for the opioid antagonist of its
use.
    Within 24 hours after the administration of undesignated
asthma medication, a school district, public school, charter
school, or nonpublic school must notify the student's parent
or guardian or emergency contact, if known, and the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol and a prescription for the
undesignated asthma medication of its use. The district or
school must follow up with the school nurse, if available, and
may, with the consent of the child's parent or guardian,
notify the child's health care provider of record, as
determined under this Section, of its use.
    (g) Prior to the administration of an undesignated
epinephrine injector, trained personnel must submit to the
school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. The school district, public
school, charter school, or nonpublic school must maintain
records related to the training curriculum and trained
personnel.
    Prior to the administration of an opioid antagonist,
trained personnel must submit to the school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. The school
district, public school, charter school, or nonpublic school
must maintain records relating to the training curriculum and
the trained personnel.
    Prior to the administration of undesignated asthma
medication, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to respiratory distress, which must meet
the requirements of subsection (h-10) of this Section.
Training must be completed annually, and the school district,
public school, charter school, or nonpublic school must
maintain records relating to the training curriculum and the
trained personnel.
    (h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine injector, may be conducted online or in person.
    Training shall include, but is not limited to:
        (1) how to recognize signs and symptoms of an allergic
    reaction, including anaphylaxis;
        (2) how to administer an epinephrine injector; and
        (3) a test demonstrating competency of the knowledge
    required to recognize anaphylaxis and administer an
    epinephrine injector.
    Training may also include, but is not limited to:
        (A) a review of high-risk areas within a school and
    its related facilities;
        (B) steps to take to prevent exposure to allergens;
        (C) emergency follow-up procedures, including the
    importance of calling 9-1-1 or, if 9-1-1 is not available,
    other local emergency medical services;
        (D) how to respond to a student with a known allergy,
    as well as a student with a previously unknown allergy;
        (E) other criteria as determined in rules adopted
    pursuant to this Section; and
        (F) any policy developed by the State Board of
    Education under Section 2-3.190.
    In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all
of its branches, registered nurses, and school nurses, the
State Board of Education shall make available resource
materials consistent with criteria in this subsection (h) for
educating trained personnel to recognize and respond to
anaphylaxis. The State Board may take into consideration the
curriculum on this subject developed by other states, as well
as any other curricular materials suggested by medical experts
and other groups that work on life-threatening allergy issues.
The State Board is not required to create new resource
materials. The State Board shall make these resource materials
available on its Internet website.
    (h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Substance Use Disorder Act and the corresponding rules.
It must include, but is not limited to:
        (1) how to recognize symptoms of an opioid overdose;
        (2) information on drug overdose prevention and
    recognition;
        (3) how to perform rescue breathing and resuscitation;
        (4) how to respond to an emergency involving an opioid
    overdose;
        (5) opioid antagonist dosage and administration;
        (6) the importance of calling 9-1-1 or, if 9-1-1 is
    not available, other local emergency medical services;
        (7) care for the overdose victim after administration
    of the overdose antagonist;
        (8) a test demonstrating competency of the knowledge
    required to recognize an opioid overdose and administer a
    dose of an opioid antagonist; and
        (9) other criteria as determined in rules adopted
    pursuant to this Section.
    (h-10) A training curriculum to recognize and respond to
respiratory distress, including the administration of
undesignated asthma medication, may be conducted online or in
person. The training must include, but is not limited to:
        (1) how to recognize symptoms of respiratory distress
    and how to distinguish respiratory distress from
    anaphylaxis;
        (2) how to respond to an emergency involving
    respiratory distress;
        (3) asthma medication dosage and administration;
        (4) the importance of calling 9-1-1 or, if 9-1-1 is
    not available, other local emergency medical services;
        (5) a test demonstrating competency of the knowledge
    required to recognize respiratory distress and administer
    asthma medication; and
        (6) other criteria as determined in rules adopted
    under this Section.
    (i) Within 3 days after the administration of an
undesignated epinephrine injector by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
        (1) age and type of person receiving epinephrine
    (student, staff, visitor);
        (2) any previously known diagnosis of a severe
    allergy;
        (3) trigger that precipitated allergic episode;
        (4) location where symptoms developed;
        (5) number of doses administered;
        (6) type of person administering epinephrine (school
    nurse, trained personnel, student); and
        (7) any other information required by the State Board.
    If a school district, public school, charter school, or
nonpublic school maintains or has an independent contractor
providing transportation to students who maintains a supply of
undesignated epinephrine injectors, then the school district,
public school, charter school, or nonpublic school must report
that information to the State Board of Education upon adoption
or change of the policy of the school district, public school,
charter school, nonpublic school, or independent contractor,
in a manner as prescribed by the State Board. The report must
include the number of undesignated epinephrine injectors in
supply.
    (i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
        (1) the age and type of person receiving the opioid
    antagonist (student, staff, or visitor);
        (2) the location where symptoms developed;
        (3) the type of person administering the opioid
    antagonist (school nurse or trained personnel); and
        (4) any other information required by the State Board.
    (i-10) Within 3 days after the administration of
undesignated asthma medication by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education, on a form and in a manner prescribed by the State
Board of Education, the following information:
        (1) the age and type of person receiving the asthma
    medication (student, staff, or visitor);
        (2) any previously known diagnosis of asthma for the
    person;
        (3) the trigger that precipitated respiratory
    distress, if identifiable;
        (4) the location of where the symptoms developed;
        (5) the number of doses administered;
        (6) the type of person administering the asthma
    medication (school nurse, trained personnel, or student);
        (7) the outcome of the asthma medication
    administration; and
        (8) any other information required by the State Board.
    (j) By October 1, 2015 and every year thereafter, the
State Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
undesignated epinephrine and undesignated asthma medication
administration during the preceding academic year. Beginning
with the 2017 report, the report shall also contain
information on which school districts, public schools, charter
schools, and nonpublic schools maintain or have independent
contractors providing transportation to students who maintain
a supply of undesignated epinephrine injectors. This report
shall be published on the State Board's Internet website on
the date the report is delivered to the General Assembly.
    (j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if
applicable, may be attached to the pupil's federal Section 504
plan or individualized education program plan.
    (j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
    (j-15) (Blank).
    (j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
    (k) The State Board of Education may adopt rules necessary
to implement this Section.
    (l) Nothing in this Section shall limit the amount of
epinephrine injectors that any type of school or student may
carry or maintain a supply of.
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
for effective date of P.A. 103-542); revised 11-27-23.)
 
    (105 ILCS 5/22-95)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 22-95. Policy on discrimination, harassment, and
retaliation; response procedures.
    (a) As used in this Section, "policy" means either the use
of a singular policy or multiple policies.
    (b) Each school district, charter school, or nonpublic,
nonsectarian elementary or secondary school must create,
implement, and maintain at least one written policy that
prohibits discrimination and harassment based on race, color,
and national origin and prohibits retaliation. The policy may
be included as part of a broader anti-harassment or
anti-discrimination policy, provided that the policy
prohibiting discrimination and harassment based on race,
color, and national origin and retaliation shall be
distinguished with an appropriate title, heading, or label.
This policy must comply with and be distributed in accordance
with all of the following:
        (1) The policy must be in writing and must include at a
    minimum, the following information:
            (A) descriptions of various forms of
        discrimination and harassment based on race, color,
        and national origin, including examples;
            (B) the school district's, charter school's, or
        nonpublic, nonsectarian elementary or secondary
        school's internal process for filing a complaint
        regarding a violation of the policy described in this
        subsection, or a reference to that process if
        described elsewhere in policy;
            (C) an overview of the school district's, charter
        school's, or nonpublic, nonsectarian elementary or
        secondary school's prevention and response program
        pursuant to subsection (c);
            (D) potential remedies for a violation of the
        policy described in this subsection;
            (E) a prohibition on retaliation for making a
        complaint or participating in the complaint process;
            (F) the legal recourse available through the
        Department of Human Rights and through federal
        agencies if a school district, charter school, or
        nonpublic, nonsectarian elementary or secondary school
        fails to take corrective action, or a reference to
        that process if described elsewhere in policy; and
            (G) directions on how to contact the Department of
        Human Rights or a reference to those directions if
        described elsewhere in the policy.
    The policy shall make clear that the policy does not
    impair or otherwise diminish the rights of unionized
    employees under federal law, State law, or a collective
    bargaining agreement to request an exclusive bargaining
    representative to be present during investigator
    interviews, nor does the policy diminish any rights
    available under the applicable negotiated collective
    bargaining agreement, including, but not limited to, the
    grievance procedure.
        (2) The policy described in this subsection shall be
    posted in a prominent and accessible location and
    distributed in such a manner as to ensure notice of the
    policy to all employees. If the school district, charter
    school, or nonpublic, nonsectarian elementary or secondary
    school maintains an Internet website or has an employee
    Intranet, the website or Intranet shall be considered a
    prominent and accessible location for the purpose of this
    paragraph (2). Posting and distribution shall be
    effectuated by the beginning of the 2024-2025 school year
    and shall occur annually thereafter.
        (3) The policy described in this subsection shall be
    published on the school district's, charter school's, or
    nonpublic, nonsectarian elementary or secondary school's
    Internet website, if one exists, and in a student
    handbook, if one exists. A summary of the policy in
    accessible, age-appropriate language shall be distributed
    annually to students and to the parents or guardians of
    minor students. School districts, charter schools, and
    nonpublic, nonsectarian elementary or secondary schools
    shall provide a summary of the policy in the parent or
    guardian's native language. For the annual distribution of
    the summary, inclusion of the summary in a student
    handbook is deemed compliant.
    (c) Each school district, charter school, and nonpublic,
nonsectarian elementary or secondary school must establish
procedures for responding to complaints of discrimination and
harassment based on race, color, and national origin and
retaliation. These procedures must comply with subsection (b)
of this Section. Based on these procedures, school districts,
charter schools, and nonpublic, nonsectarian elementary or
secondary schools:
        (1) shall reduce or remove, to the extent practicable,
    barriers to reporting discrimination, harassment, and
    retaliation;
        (2) shall permit any person who reports or is the
    victim of an incident of alleged discrimination,
    harassment, or retaliation to be accompanied when making a
    report by a support individual of the person's choice who
    complies with the school district's, charter school's, or
    nonpublic, nonsectarian elementary or secondary school's
    policies or rules;
        (3) shall permit anonymous reporting, except that this
    paragraph (3) may not be construed to permit formal
    disciplinary action solely on the basis of an anonymous
    report;
        (4) shall offer remedial interventions or take such
    disciplinary action as may be appropriate on a
    case-by-case basis;
        (5) may offer, but not require or unduly influence, a
    person who reports or is the victim of an incident of
    discrimination, harassment, or retaliation the option to
    resolve allegations directly with the offender; and
        (6) may not cause a person who reports or is the victim
    of an incident of discrimination, harassment, or
    retaliation to suffer adverse consequences as a result of
    a report of, an investigation of, or a response to the
    incident; this protection may not permit victims to engage
    in retaliation against the offender or limit a school
    district, charter school, or nonpublic, nonsectarian
    elementary or secondary school from applying disciplinary
    measures in response to other acts or conduct not related
    to the process of reporting, investigating, or responding
    to a report of an incident of discrimination, harassment,
    or retaliation.
(Source: P.A. 103-472, eff. 8-1-24.)
 
    (105 ILCS 5/22-97)
    (Section scheduled to be repealed on February 1, 2029)
    Sec. 22-97 22-95. Whole Child Task Force.
    (a) The General Assembly makes all of the following
findings:
        (1) The COVID-19 pandemic has exposed systemic
    inequities in American society. Students, educators, and
    families throughout this State have been deeply affected
    by the pandemic, and the impact of the pandemic will be
    felt for years to come. The negative consequences of the
    pandemic have impacted students and communities
    differently along the lines of race, income, language, and
    special needs. However, students in this State faced
    significant unmet physical health, mental health, and
    social and emotional needs even prior to the pandemic.
        (2) The path to recovery requires a commitment from
    adults in this State to address our students cultural,
    physical, emotional, and mental health needs and to
    provide them with stronger and increased systemic support
    and intervention.
        (3) It is well documented that trauma and toxic stress
    diminish a child's ability to thrive. Forms of childhood
    trauma and toxic stress include adverse childhood
    experiences, systemic racism, poverty, food and housing
    insecurity, and gender-based violence. The COVID-19
    pandemic has exacerbated these issues and brought them
    into focus.
        (4) It is estimated that, overall, approximately 40%
    of children in this State have experienced at least one
    adverse childhood experience and approximately 10% have
    experienced 3 or more adverse childhood experiences.
    However, the number of adverse childhood experiences is
    higher for Black and Hispanic children who are growing up
    in poverty. The COVID-19 pandemic has amplified the number
    of students who have experienced childhood trauma. Also,
    the COVID-19 pandemic has highlighted preexisting
    inequities in school disciplinary practices that
    disproportionately impact Black and Brown students.
    Research shows, for example, that girls of color are
    disproportionately impacted by trauma, adversity, and
    abuse, and instead of receiving the care and
    trauma-informed support they may need, many Black girls in
    particular face disproportionately harsh disciplinary
    measures.
        (5) The cumulative effects of trauma and toxic stress
    adversely impact the physical health of students, as well
    as the students' ability to learn, form relationships, and
    self-regulate. If left unaddressed, these effects increase
    a student's risk for depression, alcoholism, anxiety,
    asthma, smoking, and suicide, all of which are risks that
    disproportionately affect Black youth and may lead to a
    host of medical diseases as an adult. Access to infant and
    early childhood mental health services is critical to
    ensure the social and emotional well-being of this State's
    youngest children, particularly those children who have
    experienced trauma.
        (6) Although this State enacted measures through
    Public Act 100-105 to address the high rate of early care
    and preschool expulsions of infants, toddlers, and
    preschoolers and the disproportionately higher rate of
    expulsion for Black and Hispanic children, a recent study
    found a wide variation in the awareness, understanding,
    and compliance with the law by providers of early
    childhood care. Further work is needed to implement the
    law, which includes providing training to early childhood
    care providers to increase the providers' understanding of
    the law, increasing the availability and access to infant
    and early childhood mental health services, and building
    aligned data collection systems to better understand
    expulsion rates and to allow for accurate reporting as
    required by the law.
        (7) Many educators and schools in this State have
    embraced and implemented evidence-based restorative
    justice and trauma-responsive and culturally relevant
    practices and interventions. However, the use of these
    interventions on students is often isolated or is
    implemented occasionally and only if the school has the
    appropriate leadership, resources, and partners available
    to engage seriously in this work. It would be malpractice
    to deny our students access to these practices and
    interventions, especially in the aftermath of a
    once-in-a-century pandemic.
    (b) The Whole Child Task Force created by Public Act
101-654 is reestablished for the purpose of establishing an
equitable, inclusive, safe, and supportive environment in all
schools for every student in this State. The task force shall
have all of the following goals, which means key steps have to
be taken to ensure that every child in every school in this
State has access to teachers, social workers, school leaders,
support personnel, and others who have been trained in
evidence-based interventions and restorative practices:
        (1) To create a common definition of a
    trauma-responsive school, a trauma-responsive district,
    and a trauma-responsive community.
        (2) To outline the training and resources required to
    create and sustain a system of support for
    trauma-responsive schools, districts, and communities and
    to identify this State's role in that work, including
    recommendations concerning options for redirecting
    resources from school resource officers to classroom-based
    support.
        (3) To identify or develop a process to conduct an
    analysis of the organizations that provide training in
    restorative practices, implicit bias, anti-racism, and
    trauma-responsive systems, mental health services, and
    social and emotional services to schools.
        (4) To provide recommendations concerning the key data
    to be collected and reported to ensure that this State has
    a full and accurate understanding of the progress toward
    ensuring that all schools, including programs and
    providers of care to pre-kindergarten children, employ
    restorative, anti-racist, and trauma-responsive
    strategies and practices. The data collected must include
    information relating to the availability of trauma
    responsive support structures in schools, as well as
    disciplinary practices employed on students in person or
    through other means, including during remote or blended
    learning. It should also include information on the use of
    and funding for school resource officers and other similar
    police personnel in school programs.
        (5) To recommend an implementation timeline, including
    the key roles, responsibilities, and resources to advance
    this State toward a system in which every school,
    district, and community is progressing toward becoming
    trauma-responsive.
        (6) To seek input and feedback from stakeholders,
    including parents, students, and educators, who reflect
    the diversity of this State.
        (7) To recommend legislation, policies, and practices
    to prevent learning loss in students during periods of
    suspension and expulsion, including, but not limited to,
    remote instruction.
    (c) Members of the Whole Child Task Force shall be
appointed by the State Superintendent of Education. Members of
this task force must represent the diversity of this State and
possess the expertise needed to perform the work required to
meet the goals of the task force set forth under subsection
(a). Members of the task force shall include all of the
following:
        (1) One member of a statewide professional teachers'
    organization.
        (2) One member of another statewide professional
    teachers' organization.
        (3) One member who represents a school district
    serving a community with a population of 500,000 or more.
        (4) One member of a statewide organization
    representing social workers.
        (5) One member of an organization that has specific
    expertise in trauma-responsive school practices and
    experience in supporting schools in developing
    trauma-responsive and restorative practices.
        (6) One member of another organization that has
    specific expertise in trauma-responsive school practices
    and experience in supporting schools in developing
    trauma-responsive and restorative practices.
        (7) One member of a statewide organization that
    represents school administrators.
        (8) One member of a statewide policy organization that
    works to build a healthy public education system that
    prepares all students for a successful college, career,
    and civic life.
        (9) One member of a statewide organization that brings
    teachers together to identify and address issues critical
    to student success.
        (10) One member of the General Assembly recommended by
    the President of the Senate.
        (11) One member of the General Assembly recommended by
    the Speaker of the House of Representatives.
        (12) One member of the General Assembly recommended by
    the Minority Leader of the Senate.
        (13) One member of the General Assembly recommended by
    the Minority Leader of the House of Representatives.
        (14) One member of a civil rights organization that
    works actively on issues regarding student support.
        (15) One administrator from a school district that has
    actively worked to develop a system of student support
    that uses a trauma-informed lens.
        (16) One educator from a school district that has
    actively worked to develop a system of student support
    that uses a trauma-informed lens.
        (17) One member of a youth-led organization.
        (18) One member of an organization that has
    demonstrated expertise in restorative practices.
        (19) One member of a coalition of mental health and
    school practitioners who assist schools in developing and
    implementing trauma-informed and restorative strategies
    and systems.
        (20) One member of an organization whose mission is to
    promote the safety, health, and economic success of
    children, youth, and families in this State.
        (21) One member who works or has worked as a
    restorative justice coach or disciplinarian.
        (22) One member who works or has worked as a social
    worker.
        (23) One member of the State Board of Education.
        (24) One member who represents a statewide principals'
    organization.
        (25) One member who represents a statewide
    organization of school boards.
        (26) One member who has expertise in pre-kindergarten
    education.
        (27) One member who represents a school social worker
    association.
        (28) One member who represents an organization that
    represents school districts in the south suburbs of the
    City of Chicago.
        (29) One member who is a licensed clinical
    psychologist who (i) has a doctor of philosophy in the
    field of clinical psychology and has an appointment at an
    independent free-standing children's hospital located in
    the City of Chicago, (ii) serves as an associate professor
    at a medical school located in the City of Chicago, and
    (iii) serves as the clinical director of a coalition of
    voluntary collaboration of organizations that are
    committed to applying a trauma lens to the member's
    efforts on behalf of families and children in the State.
        (30) One member who represents a school district in
    the west suburbs of the City of Chicago.
        (31) One member from a governmental agency who has
    expertise in child development and who is responsible for
    coordinating early childhood mental health programs and
    services.
        (32) One member who has significant expertise in early
    childhood mental health and childhood trauma.
        (33) One member who represents an organization that
    represents school districts in the collar counties around
    the City of Chicago.
        (34) One member who represents an organization
    representing regional offices of education.
    (d) The Whole Child Task Force shall meet at the call of
the State Superintendent of Education or his or her designee,
who shall serve as the chairperson. The State Board of
Education shall provide administrative and other support to
the task force. Members of the task force shall serve without
compensation.
    (e) The Whole Child Task Force shall reconvene by March
2027 to review progress on the recommendations in the March
2022 report submitted pursuant to Public Act 101-654 and shall
submit a new report on its assessment of the State's progress
and any additional recommendations to the General Assembly,
the Illinois Legislative Black Caucus, the State Board of
Education, and the Governor on or before December 31, 2027.
    (f) This Section is repealed on February 1, 2029.
(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)
 
    (105 ILCS 5/22-98)
    Sec. 22-98 22-95. Retirement and deferred compensation
plans.
    (a) This Section applies only to school districts, other
than a school district organized under Article 34, with a
full-time licensed teacher population of 575 or more teachers
that maintain a 457 plan. Every applicable school district
shall make available to participants more than one financial
institution or investment provider to provide services to the
school district's 457 plan.
    (b) A financial institution or investment provider, by
entering into a written agreement, may offer or provide
services to a plan offered, established, or maintained by a
school district under Section 457 of the Internal Revenue Code
of 1986 if the written agreement is not combined with any other
written agreement for the administration of the school
district's 457 plan.
    Each school district that offers a 457 plan shall make
available to participants, in the manner provided in
subsection (d), more than one financial institution or
investment provider that has not entered into a written
agreement to provide administration services and that provides
services to a 457 plan offered to school districts.
    (c) A financial institution or investment provider
providing services for any plan offered, established, or
maintained by a school district under Section 457 of the
Internal Revenue Code of 1986 shall:
        (1) enter into an agreement with the school district
    or the school district's independent compliance
    administrator that requires the financial institution or
    investment provider to provide, in an electronic format,
    all data necessary for the administration of the 457 plan,
    as determined by the school district or the school
    district's compliance administrator;
        (2) provide all data required by the school district
    or the school district's compliance administrator to
    facilitate disclosure of all fees, charges, expenses,
    commissions, compensation, and payments to third parties
    related to investments offered under the 457 plan; and
        (3) cover all plan administration costs agreed to by
    the school district relating to the administration of the
    457 plan.
    (d) A school district that offers, establishes, or
maintains a plan under Section 457 of the Internal Revenue
Code of 1986, except for a plan established under Section
16-204 of the Illinois Pension Code, shall select more than
one financial institution or investment provider, in addition
to the financial institution or investment provider that has
entered into a written agreement under subsection (b), to
provide services to the 457 plan. A financial institution or
investment provider shall be designated a 457 plan provider if
the financial institution or investment provider enters into
an agreement in accordance with subsection (c).
    (e) A school district shall have one year after the
effective date of this amendatory Act of the 103rd General
Assembly to find a 457 plan provider under this Section.
    (f) Nothing in this Section shall apply to or impact the
optional defined contribution benefit established by the
Teachers' Retirement System of the State of Illinois under
Section 16-204 of the Illinois Pension Code. Notwithstanding
the foregoing, the Teachers' Retirement System may elect to
share plan data for the 457 plan established pursuant to
Section 16-204 of the Illinois Pension Code with the school
district, upon request by the school district, in order to
facilitate school districts' compliance with this Section and
Section 457 of the Internal Revenue Code of 1986. If a school
district requests that the Teachers' Retirement System share
plan information for the 457 plan established pursuant to
Section 16-204 of the Illinois Pension Code, the Teachers'
Retirement System may assess a fee on the applicable school
district.
(Source: P.A. 103-481, eff. 1-1-24; revised 9-25-23.)
 
    (105 ILCS 5/22-99)
    (Section scheduled to be repealed on December 31, 2031)
    Sec. 22-99 22-95. Rural Education Advisory Council.
    (a) The Rural Education Advisory Council is created as a
statewide advisory council to exchange thoughtful dialogue
concerning the needs, challenges, and opportunities of rural
school schools districts and to provide policy recommendations
to the State. The Council shall perform all of the following
functions:
        (1) Convey and impart the perspective of rural
    communities and provide context during policy discussions
    on various statewide issues with the State Superintendent
    of Education.
        (2) Present to the State Superintendent of Education
    the opportunity to speak directly with representatives of
    rural communities on various policy and legal issues, to
    present feedback on critical issues facing rural
    communities, to generate ideas, and to communicate
    information to the State Superintendent.
        (3) Provide feedback about this State's
    pre-kindergarten through grade 12 practices and policies
    so that the application of policies in rural areas may be
    more fully understood.
    (b) The Council shall consist of all of the following
members:
        (1) The State Superintendent of Education or his or
    her designee.
        (2) One representative of an association representing
    rural and small schools, appointed by the State
    Superintendent of Education.
        (3) Five superintendents of rural school districts who
    represent 3 super-regions of this State and who are
    recommended by an association representing rural and small
    schools, appointed by the State Superintendent of
    Education.
        (4) One principal from a rural school district
    recommended by a statewide organization representing
    school principals, appointed by the State Superintendent
    of Education.
        (5) One representative from a rural school district
    recommended by a statewide organization representing
    school boards, appointed by the State Superintendent of
    Education.
        (6) One representative of a statewide organization
    representing district superintendents, appointed by the
    State Superintendent of Education.
        (7) One representative of a statewide organization
    representing regional superintendents of schools,
    appointed by the State Superintendent of Education.
        (8) One student who is at least 15 years old, who is a
    member of the State Board of Education's Student Advisory
    Council, and who is from a rural school district,
    appointed by the State Superintendent of Education.
    Council members must reflect, as much as possible, the
racial and ethnic diversity of this State.
    Council members shall serve without compensation but shall
be reimbursed for their reasonable and necessary expenses from
funds appropriated to the State Board of Education for that
purpose, subject to the rules of the appropriate travel
control board.
    (c) The Council shall meet initially at the call of the
State Superintendent of Education, shall select one member as
chairperson at its initial meeting, and shall thereafter meet
at the call of the chairperson.
    (d) The State Board of Education shall provide
administrative and other support to the Council as needed.
    (e) The Council is dissolved and this Section is repealed
on December 31, 2031.
(Source: P.A. 103-497, eff. 1-1-24; revised 1-30-24.)
 
    (105 ILCS 5/24-2)
    Sec. 24-2. Holidays.
    (a) Teachers shall not be required to teach on Saturdays,
nor, except as provided in subsection (b) of this Section,
shall teachers, educational support personnel employees, or
other school employees, other than noncertificated school
employees whose presence is necessary because of an emergency
or for the continued operation and maintenance of school
facilities or property, be required to work on legal school
holidays, which are January 1, New Year's Day; the third
Monday in January, the Birthday of Dr. Martin Luther King,
Jr.; February 12, the Birthday of President Abraham Lincoln;
the first Monday in March (to be known as Casimir Pulaski's
birthday); Good Friday; the day designated as Memorial Day by
federal law; June 19, Juneteenth National Freedom Day; July 4,
Independence Day; the first Monday in September, Labor Day;
the second Monday in October, Columbus Day; November 11,
Veterans' Day; the Thursday in November commonly called
Thanksgiving Day; and December 25, Christmas Day. School
boards may grant special holidays whenever in their judgment
such action is advisable. No deduction shall be made from the
time or compensation of a school employee, including an
educational support personnel employee, on account of any
legal or special holiday in which that employee would have
otherwise been scheduled to work but for the legal or special
holiday.
    (b) A school board or other entity eligible to apply for
waivers and modifications under Section 2-3.25g of this Code
is authorized to hold school or schedule teachers' institutes,
parent-teacher conferences, or staff development on the third
Monday in January (the Birthday of Dr. Martin Luther King,
Jr.); February 12 (the Birthday of President Abraham Lincoln);
the first Monday in March (known as Casimir Pulaski's
birthday); the second Monday in October (Columbus Day); and
November 11 (Veterans' Day), provided that:
        (1) the person or persons honored by the holiday are
    recognized through instructional activities conducted on
    that day or, if the day is not used for student attendance,
    on the first school day preceding or following that day;
    and
        (2) the entity that chooses to exercise this authority
    first holds a public hearing about the proposal. The
    entity shall provide notice preceding the public hearing
    to both educators and parents. The notice shall set forth
    the time, date, and place of the hearing, describe the
    proposal, and indicate that the entity will take testimony
    from educators and parents about the proposal.
    (c) Commemorative holidays, which recognize specified
patriotic, civic, cultural or historical persons, activities,
or events, are regular school days. Commemorative holidays
are: January 17 (the birthday of Muhammad Ali), January 28 (to
be known as Christa McAuliffe Day and observed as a
commemoration of space exploration), February 15 (the birthday
of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), September 17
(Constitution Day), the school day immediately preceding
Veterans' Day (Korean War Veterans' Day), October 1 (Recycling
Day), October 7 (Iraq and Afghanistan Veterans Remembrance
Day), December 7 (Pearl Harbor Veterans' Day), and any day so
appointed by the President or Governor. School boards may
establish commemorative holidays whenever in their judgment
such action is advisable. School boards shall include
instruction relative to commemorated persons, activities, or
events on the commemorative holiday or at any other time
during the school year and at any point in the curriculum when
such instruction may be deemed appropriate. The State Board of
Education shall prepare and make available to school boards
instructional materials relative to commemorated persons,
activities, or events which may be used by school boards in
conjunction with any instruction provided pursuant to this
paragraph.
    (d) City of Chicago School District 299 shall observe
March 4 of each year as a commemorative holiday. This holiday
shall be known as Mayors' Day which shall be a day to
commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late
Mayor Richard J. Daley and the late Mayor Harold Washington.
If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
observed on the following Monday.
    (e) Notwithstanding any other provision of State law to
the contrary, November 3, 2020 shall be a State holiday known
as 2020 General Election Day and shall be observed throughout
the State pursuant to Public Act 101-642 this amendatory Act
of the 101st General Assembly. All government offices, with
the exception of election authorities, shall be closed unless
authorized to be used as a location for election day services
or as a polling place.
    Notwithstanding any other provision of State law to the
contrary, November 8, 2022 shall be a State holiday known as
2022 General Election Day and shall be observed throughout the
State under Public Act 102-15.
    Notwithstanding any other provision of State law to the
contrary, November 5, 2024 shall be a State holiday known as
2024 General Election Day and shall be observed throughout
this State pursuant to Public Act 103-467 this amendatory Act
of the 103rd General Assembly.
(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21;
102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff.
5-13-22; 103-15, eff. 7-1-23; 103-395, eff. 1-1-24; 103-467,
eff. 8-4-23; revised 9-1-23.)
 
    (105 ILCS 5/24-12)
    Sec. 24-12. Removal or dismissal of teachers in
contractual continued service.
    (a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided on or before the end of the 2010-2011 school term. If
a teacher in contractual continued service is removed or
dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue
some particular type of teaching service, written notice shall
be mailed to the teacher and also given the teacher either by
certified mail, return receipt requested or personal delivery
with receipt at least 60 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued service
and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
    As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall be
dismissed first unless an alternative method of determining
the sequence of dismissal is established in a collective
bargaining agreement or contract between the board and a
professional faculty members' organization and except that
this provision shall not impair the operation of any
affirmative action program in the district, regardless of
whether it exists by operation of law or is conducted on a
voluntary basis by the board. Any teacher dismissed as a
result of such decrease or discontinuance shall be paid all
earned compensation on or before the third business day
following the last day of pupil attendance in the regular
school term.
    If the board has any vacancies for the following school
term or within one calendar year from the beginning of the
following school term, the positions thereby becoming
available shall be tendered to the teachers so removed or
dismissed so far as they are legally qualified to hold such
positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full-time equivalent positions filled by
certified employees (excluding principals and administrative
personnel) during the preceding school year, then if the board
has any vacancies for the following school term or within 2
calendar years from the beginning of the following school
term, the positions so becoming available shall be tendered to
the teachers who were so notified and removed or dismissed
whenever they are legally qualified to hold such positions.
Each board shall, in consultation with any exclusive employee
representatives, each year establish a list, categorized by
positions, showing the length of continuing service of each
teacher who is qualified to hold any such positions, unless an
alternative method of determining a sequence of dismissal is
established as provided for in this Section, in which case a
list shall be made in accordance with the alternative method.
Copies of the list shall be distributed to the exclusive
employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon
economic necessity exceeds 5, or 150% of the average number of
teachers honorably dismissed in the preceding 3 years,
whichever is more, then the board also shall hold a public
hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
    (b) If any teacher, whether or not in contractual
continued service, is removed or dismissed as a result of a
decision of a school board to decrease the number of teachers
employed by the board, a decision of a school board to
discontinue some particular type of teaching service, or a
reduction in the number of programs or positions in a special
education joint agreement, then written notice must be mailed
to the teacher and also given to the teacher either by
electronic mail, certified mail, return receipt requested, or
personal delivery with receipt on or before April 15, together
with a statement of honorable dismissal and the reason
therefor, and in all such cases the sequence of dismissal
shall occur in accordance with this subsection (b); except
that this subsection (b) shall not impair the operation of any
affirmative action program in the school district, regardless
of whether it exists by operation of law or is conducted on a
voluntary basis by the board.
    Each teacher must be categorized into one or more
positions for which the teacher is qualified to hold, based
upon legal qualifications and any other qualifications
established in a district or joint agreement job description,
on or before the May 10 prior to the school year during which
the sequence of dismissal is determined. Within each position
and subject to agreements made by the joint committee on
honorable dismissals that are authorized by subsection (c) of
this Section, the school district or joint agreement must
establish 4 groupings of teachers qualified to hold the
position as follows:
        (1) Grouping one shall consist of each teacher who is
    not in contractual continued service and who (i) has not
    received a performance evaluation rating, (ii) is employed
    for one school term or less to replace a teacher on leave,
    or (iii) is employed on a part-time basis. "Part-time
    basis" for the purposes of this subsection (b) means a
    teacher who is employed to teach less than a full-day,
    teacher workload or less than 5 days of the normal student
    attendance week, unless otherwise provided for in a
    collective bargaining agreement between the district and
    the exclusive representative of the district's teachers.
    For the purposes of this Section, a teacher (A) who is
    employed as a full-time teacher but who actually teaches
    or is otherwise present and participating in the
    district's educational program for less than a school term
    or (B) who, in the immediately previous school term, was
    employed on a full-time basis and actually taught or was
    otherwise present and participated in the district's
    educational program for 120 days or more is not considered
    employed on a part-time basis.
        (2) Grouping 2 shall consist of each teacher with a
    Needs Improvement or Unsatisfactory performance evaluation
    rating on either of the teacher's last 2 performance
    evaluation ratings.
        (3) Grouping 3 shall consist of each teacher with a
    performance evaluation rating of at least Satisfactory or
    Proficient on both of the teacher's last 2 performance
    evaluation ratings, if 2 ratings are available, or on the
    teacher's last performance evaluation rating, if only one
    rating is available, unless the teacher qualifies for
    placement into grouping 4.
        (4) Grouping 4 shall consist of each teacher whose
    last 2 performance evaluation ratings are Excellent and
    each teacher with 2 Excellent performance evaluation
    ratings out of the teacher's last 3 performance evaluation
    ratings with a third rating of Satisfactory or Proficient.
    Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last.
    Within grouping one, the sequence of dismissal must be at
the discretion of the school district or joint agreement.
Within grouping 2, the sequence of dismissal must be based
upon average performance evaluation ratings, with the teacher
or teachers with the lowest average performance evaluation
rating dismissed first. A teacher's average performance
evaluation rating must be calculated using the average of the
teacher's last 2 performance evaluation ratings, if 2 ratings
are available, or the teacher's last performance evaluation
rating, if only one rating is available, using the following
numerical values: 4 for Excellent; 3 for Proficient or
Satisfactory; 2 for Needs Improvement; and 1 for
Unsatisfactory. As between or among teachers in grouping 2
with the same average performance evaluation rating and within
each of groupings 3 and 4, the teacher or teachers with the
shorter length of continuing service with the school district
or joint agreement must be dismissed first unless an
alternative method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization.
    Each board, including the governing board of a joint
agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing
each teacher by name, along with the race or ethnicity of the
teacher if provided by the teacher, and categorized by
positions and the groupings defined in this subsection (b)
must be distributed to the exclusive bargaining representative
at least 75 days before the end of the school term, provided
that the school district or joint agreement may, with notice
to any exclusive employee representatives, move teachers from
grouping one into another grouping during the period of time
from 75 days until April 15. Each year, each board shall also
establish, in consultation with any exclusive employee
representatives, a list showing the length of continuing
service of each teacher who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list must be made in accordance with
the alternative method. Copies of the list must be distributed
to the exclusive employee representative at least 75 days
before the end of the school term.
    Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
    If the board or joint agreement has any vacancies for the
following school term or within one calendar year from the
beginning of the following school term, the positions thereby
becoming available must be tendered to the teachers so removed
or dismissed who were in grouping 3 or 4 of the sequence of
dismissal and are qualified to hold the positions, based upon
legal qualifications and any other qualifications established
in a district or joint agreement job description, on or before
the May 10 prior to the date of the positions becoming
available, provided that if the number of honorable dismissal
notices based on economic necessity exceeds 15% of the number
of full-time equivalent positions filled by certified
employees (excluding principals and administrative personnel)
during the preceding school year, then the recall period is
for the following school term or within 2 calendar years from
the beginning of the following school term. If the board or
joint agreement has any vacancies within the period from the
beginning of the following school term through February 1 of
the following school term (unless a date later than February
1, but no later than 6 months from the beginning of the
following school term, is established in a collective
bargaining agreement), the positions thereby becoming
available must be tendered to the teachers so removed or
dismissed who were in grouping 2 of the sequence of dismissal
due to one "needs improvement" rating on either of the
teacher's last 2 performance evaluation ratings, provided
that, if 2 ratings are available, the other performance
evaluation rating used for grouping purposes is
"satisfactory", "proficient", or "excellent", and are
qualified to hold the positions, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the date of the positions becoming available.
On and after July 1, 2014 (the effective date of Public Act
98-648), the preceding sentence shall apply to teachers
removed or dismissed by honorable dismissal, even if notice of
honorable dismissal occurred during the 2013-2014 school year.
Among teachers eligible for recall pursuant to the preceding
sentence, the order of recall must be in inverse order of
dismissal, unless an alternative order of recall is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization. Whenever the number of honorable dismissal
notices based upon economic necessity exceeds 5 notices or
150% of the average number of teachers honorably dismissed in
the preceding 3 years, whichever is more, then the school
board or governing board of a joint agreement, as applicable,
shall also hold a public hearing on the question of the
dismissals. Following the hearing and board review, the action
to approve any such reduction shall require a majority vote of
the board members.
    For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee
described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial
performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement
determining the sequence of dismissal, not including any
performance evaluation conducted during or at the end of a
remediation period. No more than one evaluation rating each
school term shall be one of the evaluation ratings used for the
purpose of determining the sequence of dismissal. Except as
otherwise provided in this subsection for any performance
evaluations conducted during or at the end of a remediation
period, if multiple performance evaluations are conducted in a
school term, only the rating from the last evaluation
conducted prior to establishing the sequence of honorable
dismissal list in such school term shall be the one evaluation
rating from that school term used for the purpose of
determining the sequence of dismissal. Averaging ratings from
multiple evaluations is not permitted unless otherwise agreed
to in a collective bargaining agreement or contract between
the board and a professional faculty members' organization.
The preceding 3 sentences are not a legislative declaration
that existing law does or does not already require that only
one performance evaluation each school term shall be used for
the purpose of determining the sequence of dismissal. For
performance evaluation ratings determined prior to September
1, 2012, any school district or joint agreement with a
performance evaluation rating system that does not use either
of the rating category systems specified in subsection (d) of
Section 24A-5 of this Code for all teachers must establish a
basis for assigning each teacher a rating that complies with
subsection (d) of Section 24A-5 of this Code for all of the
performance evaluation ratings that are to be used to
determine the sequence of dismissal. A teacher's grouping and
ranking on a sequence of honorable dismissal shall be deemed a
part of the teacher's performance evaluation, and that
information shall be disclosed to the exclusive bargaining
representative as part of a sequence of honorable dismissal
list, notwithstanding any laws prohibiting disclosure of such
information. A performance evaluation rating may be used to
determine the sequence of dismissal, notwithstanding the
pendency of any grievance resolution or arbitration procedures
relating to the performance evaluation. If a teacher has
received at least one performance evaluation rating conducted
by the school district or joint agreement determining the
sequence of dismissal and a subsequent performance evaluation
is not conducted in any school year in which such evaluation is
required to be conducted under Section 24A-5 of this Code, the
teacher's performance evaluation rating for that school year
for purposes of determining the sequence of dismissal is
deemed Proficient, except that, during any time in which the
Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, this default to Proficient does not
apply to any teacher who has entered into contractual
continued service and who was deemed Excellent on his or her
most recent evaluation. During any time in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act and unless the school board and any exclusive
bargaining representative have completed the performance
rating for teachers or have mutually agreed to an alternate
performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed Excellent, and whose performance evaluation is not
conducted when the evaluation is required to be conducted
shall receive a teacher's performance rating deemed Excellent.
A school board and any exclusive bargaining representative may
mutually agree to an alternate performance rating for teachers
not in contractual continued service during any time in which
the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, as long as the agreement is in writing.
If a performance evaluation rating is nullified as the result
of an arbitration, administrative agency, or court
determination, then the school district or joint agreement is
deemed to have conducted a performance evaluation for that
school year, but the performance evaluation rating may not be
used in determining the sequence of dismissal.
    Nothing in this subsection (b) shall be construed as
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
    Any provisions regarding the sequence of honorable
dismissals and recall of honorably dismissed teachers in a
collective bargaining agreement entered into on or before
January 1, 2011 and in effect on June 13, 2011 (the effective
date of Public Act 97-8) that may conflict with Public Act 97-8
shall remain in effect through the expiration of such
agreement or June 30, 2013, whichever is earlier.
    (c) Each school district and special education joint
agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
or, if applicable, the exclusive bargaining representative of
its teachers, to address the matters described in paragraphs
(1) through (5) of this subsection (c) pertaining to honorable
dismissals under subsection (b) of this Section.
        (1) The joint committee must consider and may agree to
    criteria for excluding from grouping 2 and placing into
    grouping 3 a teacher whose last 2 performance evaluations
    include a Needs Improvement and either a Proficient or
    Excellent.
        (2) The joint committee must consider and may agree to
    an alternative definition for grouping 4, which definition
    must take into account prior performance evaluation
    ratings and may take into account other factors that
    relate to the school district's or program's educational
    objectives. An alternative definition for grouping 4 may
    not permit the inclusion of a teacher in the grouping with
    a Needs Improvement or Unsatisfactory performance
    evaluation rating on either of the teacher's last 2
    performance evaluation ratings.
        (3) The joint committee may agree to including within
    the definition of a performance evaluation rating a
    performance evaluation rating administered by a school
    district or joint agreement other than the school district
    or joint agreement determining the sequence of dismissal.
        (4) For each school district or joint agreement that
    administers performance evaluation ratings that are
    inconsistent with either of the rating category systems
    specified in subsection (d) of Section 24A-5 of this Code,
    the school district or joint agreement must consult with
    the joint committee on the basis for assigning a rating
    that complies with subsection (d) of Section 24A-5 of this
    Code to each performance evaluation rating that will be
    used in a sequence of dismissal.
        (5) Upon request by a joint committee member submitted
    to the employing board by no later than 10 days after the
    distribution of the sequence of honorable dismissal list,
    a representative of the employing board shall, within 5
    days after the request, provide to members of the joint
    committee a list showing the most recent and prior
    performance evaluation ratings of each teacher identified
    only by length of continuing service in the district or
    joint agreement and not by name. If, after review of this
    list, a member of the joint committee has a good faith
    belief that a disproportionate number of teachers with
    greater length of continuing service with the district or
    joint agreement have received a recent performance
    evaluation rating lower than the prior rating, the member
    may request that the joint committee review the list to
    assess whether such a trend may exist. Following the joint
    committee's review, but by no later than the end of the
    applicable school term, the joint committee or any member
    or members of the joint committee may submit a report of
    the review to the employing board and exclusive bargaining
    representative, if any. Nothing in this paragraph (5)
    shall impact the order of honorable dismissal or a school
    district's or joint agreement's authority to carry out a
    dismissal in accordance with subsection (b) of this
    Section.
    Agreement by the joint committee as to a matter requires
the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.
    The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. Subject to the February 1
deadline for agreements, the agreement of a joint committee on
a matter shall apply to the sequence of dismissal until the
agreement is amended or terminated by the joint committee.
    The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee created under this subsection
(c).
    (d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
        (1) If a dismissal of a teacher in contractual
    continued service is sought for any reason or cause other
    than an honorable dismissal under subsections (a) or (b)
    of this Section or a dismissal sought under Section
    24-16.5 of this Code, including those under Section
    10-22.4, the board must first approve a motion containing
    specific charges by a majority vote of all its members.
    Written notice of such charges, including a bill of
    particulars and the teacher's right to request a hearing,
    must be mailed to the teacher and also given to the teacher
    either by electronic mail, certified mail, return receipt
    requested, or personal delivery with receipt within 5 days
    of the adoption of the motion. Any written notice sent on
    or after July 1, 2012 shall inform the teacher of the right
    to request a hearing before a mutually selected hearing
    officer, with the cost of the hearing officer split
    equally between the teacher and the board, or a hearing
    before a board-selected hearing officer, with the cost of
    the hearing officer paid by the board.
        Before setting a hearing on charges stemming from
    causes that are considered remediable, a board must give
    the teacher reasonable warning in writing, stating
    specifically the causes that, if not removed, may result
    in charges; however, no such written warning is required
    if the causes have been the subject of a remediation plan
    pursuant to Article 24A of this Code.
        If, in the opinion of the board, the interests of the
    school require it, the board may suspend the teacher
    without pay, pending the hearing, but if the board's
    dismissal or removal is not sustained, the teacher shall
    not suffer the loss of any salary or benefits by reason of
    the suspension.
        (2) No hearing upon the charges is required unless the
    teacher within 17 days after receiving notice requests in
    writing of the board that a hearing be scheduled before a
    mutually selected hearing officer or a hearing officer
    selected by the board. The secretary of the school board
    shall forward a copy of the notice to the State Board of
    Education.
        (3) Within 5 business days after receiving a notice of
    hearing in which either notice to the teacher was sent
    before July 1, 2012 or, if the notice was sent on or after
    July 1, 2012, the teacher has requested a hearing before a
    mutually selected hearing officer, the State Board of
    Education shall provide a list of 5 prospective, impartial
    hearing officers from the master list of qualified,
    impartial hearing officers maintained by the State Board
    of Education. Each person on the master list must (i) be
    accredited by a national arbitration organization and have
    had a minimum of 5 years of experience directly related to
    labor and employment relations matters between employers
    and employees or their exclusive bargaining
    representatives and (ii) beginning September 1, 2012, have
    participated in training provided or approved by the State
    Board of Education for teacher dismissal hearing officers
    so that he or she is familiar with issues generally
    involved in evaluative and non-evaluative dismissals.
        If notice to the teacher was sent before July 1, 2012
    or, if the notice was sent on or after July 1, 2012, the
    teacher has requested a hearing before a mutually selected
    hearing officer, the board and the teacher or their legal
    representatives within 3 business days shall alternately
    strike one name from the list provided by the State Board
    of Education until only one name remains. Unless waived by
    the teacher, the teacher shall have the right to proceed
    first with the striking. Within 3 business days of receipt
    of the list provided by the State Board of Education, the
    board and the teacher or their legal representatives shall
    each have the right to reject all prospective hearing
    officers named on the list and notify the State Board of
    Education of such rejection. Within 3 business days after
    receiving this notification, the State Board of Education
    shall appoint a qualified person from the master list who
    did not appear on the list sent to the parties to serve as
    the hearing officer, unless the parties notify it that
    they have chosen to alternatively select a hearing officer
    under paragraph (4) of this subsection (d).
        If the teacher has requested a hearing before a
    hearing officer selected by the board, the board shall
    select one name from the master list of qualified
    impartial hearing officers maintained by the State Board
    of Education within 3 business days after receipt and
    shall notify the State Board of Education of its
    selection.
        A hearing officer mutually selected by the parties,
    selected by the board, or selected through an alternative
    selection process under paragraph (4) of this subsection
    (d) (A) must not be a resident of the school district, (B)
    must be available to commence the hearing within 75 days
    and conclude the hearing within 120 days after being
    selected as the hearing officer, and (C) must issue a
    decision as to whether the teacher must be dismissed and
    give a copy of that decision to both the teacher and the
    board within 30 days from the conclusion of the hearing or
    closure of the record, whichever is later.
        Any hearing convened during a public health emergency
    pursuant to Section 7 of the Illinois Emergency Management
    Agency Act may be convened remotely. Any hearing officer
    for a hearing convened during a public health emergency
    pursuant to Section 7 of the Illinois Emergency Management
    Agency Act may voluntarily withdraw from the hearing and
    another hearing officer shall be selected or appointed
    pursuant to this Section.
        In this paragraph, "pre-hearing procedures" refers to
    the pre-hearing procedures under Section 51.55 of Title 23
    of the Illinois Administrative Code and "hearing" refers
    to the hearing under Section 51.60 of Title 23 of the
    Illinois Administrative Code. Any teacher who has been
    charged with engaging in acts of corporal punishment,
    physical abuse, grooming, or sexual misconduct and who
    previously paused pre-hearing procedures or a hearing
    pursuant to Public Act 101-643 must proceed with selection
    of a hearing officer or hearing date, or both, within the
    timeframes established by this paragraph (3) and
    paragraphs (4) through (6) of this subsection (d), unless
    the timeframes are mutually waived in writing by both
    parties, and all timelines set forth in this Section in
    cases concerning corporal punishment, physical abuse,
    grooming, or sexual misconduct shall be reset to begin the
    day after April 22, 2022 (the effective date of Public Act
    102-708) this amendatory Act of the 102nd General
    Assembly. Any teacher charged with engaging in acts of
    corporal punishment, physical abuse, grooming, or sexual
    misconduct on or after April 22, 2022 (the effective date
    of Public Act 102-708) this amendatory Act of the 102nd
    General Assembly may not pause pre-hearing procedures or a
    hearing.
        (4) In the alternative to selecting a hearing officer
    from the list received from the State Board of Education
    or accepting the appointment of a hearing officer by the
    State Board of Education or if the State Board of
    Education cannot provide a list or appoint a hearing
    officer that meets the foregoing requirements, the board
    and the teacher or their legal representatives may
    mutually agree to select an impartial hearing officer who
    is not on the master list either by direct appointment by
    the parties or by using procedures for the appointment of
    an arbitrator established by the Federal Mediation and
    Conciliation Service or the American Arbitration
    Association. The parties shall notify the State Board of
    Education of their intent to select a hearing officer
    using an alternative procedure within 3 business days of
    receipt of a list of prospective hearing officers provided
    by the State Board of Education, notice of appointment of
    a hearing officer by the State Board of Education, or
    receipt of notice from the State Board of Education that
    it cannot provide a list that meets the foregoing
    requirements, whichever is later.
        (5) If the notice of dismissal was sent to the teacher
    before July 1, 2012, the fees and costs for the hearing
    officer must be paid by the State Board of Education. If
    the notice of dismissal was sent to the teacher on or after
    July 1, 2012, the hearing officer's fees and costs must be
    paid as follows in this paragraph (5). The fees and
    permissible costs for the hearing officer must be
    determined by the State Board of Education. If the board
    and the teacher or their legal representatives mutually
    agree to select an impartial hearing officer who is not on
    a list received from the State Board of Education, they
    may agree to supplement the fees determined by the State
    Board to the hearing officer, at a rate consistent with
    the hearing officer's published professional fees. If the
    hearing officer is mutually selected by the parties, then
    the board and the teacher or their legal representatives
    shall each pay 50% of the fees and costs and any
    supplemental allowance to which they agree. If the hearing
    officer is selected by the board, then the board shall pay
    100% of the hearing officer's fees and costs. The fees and
    costs must be paid to the hearing officer within 14 days
    after the board and the teacher or their legal
    representatives receive the hearing officer's decision set
    forth in paragraph (7) of this subsection (d).
        (6) The teacher is required to answer the bill of
    particulars and aver affirmative matters in his or her
    defense, and the time for initially doing so and the time
    for updating such answer and defenses after pre-hearing
    discovery must be set by the hearing officer. The State
    Board of Education shall promulgate rules so that each
    party has a fair opportunity to present its case and to
    ensure that the dismissal process proceeds in a fair and
    expeditious manner. These rules shall address, without
    limitation, discovery and hearing scheduling conferences;
    the teacher's initial answer and affirmative defenses to
    the bill of particulars and the updating of that
    information after pre-hearing discovery; provision for
    written interrogatories and requests for production of
    documents; the requirement that each party initially
    disclose to the other party and then update the disclosure
    no later than 10 calendar days prior to the commencement
    of the hearing, the names and addresses of persons who may
    be called as witnesses at the hearing, a summary of the
    facts or opinions each witness will testify to, and all
    other documents and materials, including information
    maintained electronically, relevant to its own as well as
    the other party's case (the hearing officer may exclude
    witnesses and exhibits not identified and shared, except
    those offered in rebuttal for which the party could not
    reasonably have anticipated prior to the hearing);
    pre-hearing discovery and preparation, including provision
    for written interrogatories and requests for production of
    documents, provided that discovery depositions are
    prohibited; the conduct of the hearing; the right of each
    party to be represented by counsel, the offer of evidence
    and witnesses and the cross-examination of witnesses; the
    authority of the hearing officer to issue subpoenas and
    subpoenas duces tecum, provided that the hearing officer
    may limit the number of witnesses to be subpoenaed on
    behalf of each party to no more than 7; the length of
    post-hearing briefs; and the form, length, and content of
    hearing officers' decisions. The hearing officer shall
    hold a hearing and render a final decision for dismissal
    pursuant to Article 24A of this Code or shall report to the
    school board findings of fact and a recommendation as to
    whether or not the teacher must be dismissed for conduct.
    The hearing officer shall commence the hearing within 75
    days and conclude the hearing within 120 days after being
    selected as the hearing officer, provided that the hearing
    officer may modify these timelines upon the showing of
    good cause or mutual agreement of the parties. Good cause
    for the purpose of this subsection (d) shall mean the
    illness or otherwise unavoidable emergency of the teacher,
    district representative, their legal representatives, the
    hearing officer, or an essential witness as indicated in
    each party's pre-hearing submission. In a dismissal
    hearing pursuant to Article 24A of this Code in which a
    witness is a student or is under the age of 18, the hearing
    officer must make accommodations for the witness, as
    provided under paragraph (6.5) of this subsection. The
    hearing officer shall consider and give weight to all of
    the teacher's evaluations written pursuant to Article 24A
    that are relevant to the issues in the hearing.
        Each party shall have no more than 3 days to present
    its case, unless extended by the hearing officer to enable
    a party to present adequate evidence and testimony,
    including due to the other party's cross-examination of
    the party's witnesses, for good cause or by mutual
    agreement of the parties. The State Board of Education
    shall define in rules the meaning of "day" for such
    purposes. All testimony at the hearing shall be taken
    under oath administered by the hearing officer. The
    hearing officer shall cause a record of the proceedings to
    be kept and shall employ a competent reporter to take
    stenographic or stenotype notes of all the testimony. The
    costs of the reporter's attendance and services at the
    hearing shall be paid by the party or parties who are
    responsible for paying the fees and costs of the hearing
    officer. Either party desiring a transcript of the hearing
    shall pay for the cost thereof. Any post-hearing briefs
    must be submitted by the parties by no later than 21 days
    after a party's receipt of the transcript of the hearing,
    unless extended by the hearing officer for good cause or
    by mutual agreement of the parties.
        (6.5) In the case of charges involving any witness who
    is or was at the time of the alleged conduct a student or a
    person under the age of 18, the hearing officer shall make
    accommodations to protect a witness from being
    intimidated, traumatized, or re-traumatized. No alleged
    victim or other witness who is or was at the time of the
    alleged conduct a student or under the age of 18 may be
    compelled to testify in the physical or visual presence of
    a teacher or other witness. If such a witness invokes this
    right, then the hearing officer must provide an
    accommodation consistent with the invoked right and use a
    procedure by which each party may hear such witness's
    witness' testimony. Accommodations may include, but are
    not limited to: (i) testimony made via a telecommunication
    device in a location other than the hearing room and
    outside the physical or visual presence of the teacher and
    other hearing participants, but accessible to the teacher
    via a telecommunication device, (ii) testimony made in the
    hearing room but outside the physical presence of the
    teacher and accessible to the teacher via a
    telecommunication device, (iii) non-public testimony, (iv)
    testimony made via videoconference with the cameras and
    microphones of the teacher turned off, or (v) pre-recorded
    testimony, including, but not limited to, a recording of a
    forensic interview conducted at an accredited Children's
    Advocacy Center. With all accommodations, the hearing
    officer shall give such testimony the same consideration
    as if the witness testified without the accommodation. The
    teacher may not directly, or through a representative,
    question a witness called by the school board who is or was
    a student or under 18 years of age at the time of the
    alleged conduct. The hearing officer must permit the
    teacher to submit all relevant questions and follow-up
    questions for such a witness to have the questions posed
    by the hearing officer. All questions must exclude
    evidence of the witness' sexual behavior or
    predisposition, unless the evidence is offered to prove
    that someone other than the teacher subject to the
    dismissal hearing engaged in the charge at issue.
        (7) The hearing officer shall, within 30 days from the
    conclusion of the hearing or closure of the record,
    whichever is later, make a decision as to whether or not
    the teacher shall be dismissed pursuant to Article 24A of
    this Code or report to the school board findings of fact
    and a recommendation as to whether or not the teacher
    shall be dismissed for cause and shall give a copy of the
    decision or findings of fact and recommendation to both
    the teacher and the school board. If a hearing officer
    fails without good cause, specifically provided in writing
    to both parties and the State Board of Education, to
    render a decision or findings of fact and recommendation
    within 30 days after the hearing is concluded or the
    record is closed, whichever is later, the parties may
    mutually agree to select a hearing officer pursuant to the
    alternative procedure, as provided in this Section, to
    rehear the charges heard by the hearing officer who failed
    to render a decision or findings of fact and
    recommendation or to review the record and render a
    decision. If any hearing officer fails without good cause,
    specifically provided in writing to both parties and the
    State Board of Education, to render a decision or findings
    of fact and recommendation within 30 days after the
    hearing is concluded or the record is closed, whichever is
    later, or if any hearing officer fails to make an
    accommodation as described in paragraph (6.5), the hearing
    officer shall be removed from the master list of hearing
    officers maintained by the State Board of Education for
    not more than 24 months. The parties and the State Board of
    Education may also take such other actions as it deems
    appropriate, including recovering, reducing, or
    withholding any fees paid or to be paid to the hearing
    officer. If any hearing officer repeats such failure, he
    or she must be permanently removed from the master list
    maintained by the State Board of Education and may not be
    selected by parties through the alternative selection
    process under this paragraph (7) or paragraph (4) of this
    subsection (d). The board shall not lose jurisdiction to
    discharge a teacher if the hearing officer fails to render
    a decision or findings of fact and recommendation within
    the time specified in this Section. If the decision of the
    hearing officer for dismissal pursuant to Article 24A of
    this Code or of the school board for dismissal for cause is
    in favor of the teacher, then the hearing officer or
    school board shall order reinstatement to the same or
    substantially equivalent position and shall determine the
    amount for which the school board is liable, including,
    but not limited to, loss of income and benefits.
        (8) The school board, within 45 days after receipt of
    the hearing officer's findings of fact and recommendation
    as to whether (i) the conduct at issue occurred, (ii) the
    conduct that did occur was remediable, and (iii) the
    proposed dismissal should be sustained, shall issue a
    written order as to whether the teacher must be retained
    or dismissed for cause from its employ. The school board's
    written order shall incorporate the hearing officer's
    findings of fact, except that the school board may modify
    or supplement the findings of fact if, in its opinion, the
    findings of fact are against the manifest weight of the
    evidence.
        If the school board dismisses the teacher
    notwithstanding the hearing officer's findings of fact and
    recommendation, the school board shall make a conclusion
    in its written order, giving its reasons therefor, and
    such conclusion and reasons must be included in its
    written order. The failure of the school board to strictly
    adhere to the timelines contained in this Section shall
    not render it without jurisdiction to dismiss the teacher.
    The school board shall not lose jurisdiction to discharge
    the teacher for cause if the hearing officer fails to
    render a recommendation within the time specified in this
    Section. The decision of the school board is final, unless
    reviewed as provided in paragraph (9) of this subsection
    (d).
        If the school board retains the teacher, the school
    board shall enter a written order stating the amount of
    back pay and lost benefits, less mitigation, to be paid to
    the teacher, within 45 days after its retention order.
    Should the teacher object to the amount of the back pay and
    lost benefits or amount mitigated, the teacher shall give
    written objections to the amount within 21 days. If the
    parties fail to reach resolution within 7 days, the
    dispute shall be referred to the hearing officer, who
    shall consider the school board's written order and
    teacher's written objection and determine the amount to
    which the school board is liable. The costs of the hearing
    officer's review and determination must be paid by the
    board.
        (9) The decision of the hearing officer pursuant to
    Article 24A of this Code or of the school board's decision
    to dismiss for cause is final unless reviewed as provided
    in Section 24-16 of this Code. If the school board's
    decision to dismiss for cause is contrary to the hearing
    officer's recommendation, the court on review shall give
    consideration to the school board's decision and its
    supplemental findings of fact, if applicable, and the
    hearing officer's findings of fact and recommendation in
    making its decision. In the event such review is
    instituted, the school board shall be responsible for
    preparing and filing the record of proceedings, and such
    costs associated therewith must be divided equally between
    the parties.
        (10) If a decision of the hearing officer for
    dismissal pursuant to Article 24A of this Code or of the
    school board for dismissal for cause is adjudicated upon
    review or appeal in favor of the teacher, then the trial
    court shall order reinstatement and shall remand the
    matter to the school board with direction for entry of an
    order setting the amount of back pay, lost benefits, and
    costs, less mitigation. The teacher may challenge the
    school board's order setting the amount of back pay, lost
    benefits, and costs, less mitigation, through an expedited
    arbitration procedure, with the costs of the arbitrator
    borne by the school board.
        Any teacher who is reinstated by any hearing or
    adjudication brought under this Section shall be assigned
    by the board to a position substantially similar to the
    one which that teacher held prior to that teacher's
    suspension or dismissal.
        (11) Subject to any later effective date referenced in
    this Section for a specific aspect of the dismissal
    process, the changes made by Public Act 97-8 shall apply
    to dismissals instituted on or after September 1, 2011.
    Any dismissal instituted prior to September 1, 2011 must
    be carried out in accordance with the requirements of this
    Section prior to amendment by Public Act 97-8.
    (e) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24;
103-398, eff. 1-1-24; 103-500, eff. 8-4-23; revised 8-30-23.)
 
    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
    Sec. 24A-5. Content of evaluation plans. This Section
does not apply to teachers assigned to schools identified in
an agreement entered into between the board of a school
district operating under Article 34 of this Code and the
exclusive representative of the district's teachers in
accordance with Section 34-85c of this Code.
    Each school district to which this Article applies shall
establish a teacher evaluation plan which ensures that each
teacher in contractual continued service is evaluated at least
once in the course of every 2 or 3 school years as provided in
this Section.
    Each school district shall establish a teacher evaluation
plan that ensures that:
        (1) each teacher not in contractual continued service
    is evaluated at least once every school year; and
        (2) except as otherwise provided in this Section, each
    teacher in contractual continued service is evaluated at
    least once in the course of every 2 school years. However,
    any teacher in contractual continued service whose
    performance is rated as either "needs improvement" or
    "unsatisfactory" must be evaluated at least once in the
    school year following the receipt of such rating.
    No later than September 1, 2022, each school district must
establish a teacher evaluation plan that ensures that each
teacher in contractual continued service whose performance is
rated as either "excellent" or "proficient" is evaluated at
least once in the course of the 3 school years after receipt of
the rating and implement an informal teacher observation plan
established by agency rule and by agreement of the joint
committee established under subsection (b) of Section 24A-4 of
this Code that ensures that each teacher in contractual
continued service whose performance is rated as either
"excellent" or "proficient" is informally observed at least
once in the course of the 2 school years after receipt of the
rating.
    For the 2022-2023 school year only, if the Governor has
declared a disaster due to a public health emergency pursuant
to Section 7 of the Illinois Emergency Management Agency Act,
a school district may waive the evaluation requirement of all
teachers in contractual continued service whose performances
were rated as either "excellent" or "proficient" during the
last school year in which the teachers were evaluated under
this Section.
    Notwithstanding anything to the contrary in this Section
or any other Section of this Code, a principal shall not be
prohibited from evaluating any teachers within a school during
his or her first year as principal of such school. If a
first-year principal exercises this option in a school
district where the evaluation plan provides for a teacher in
contractual continued service to be evaluated once in the
course of every 2 or 3 school years, as applicable, then a new
2-year or 3-year evaluation plan must be established.
    The evaluation plan shall comply with the requirements of
this Section and of any rules adopted by the State Board of
Education pursuant to this Section.
    The plan shall include a description of each teacher's
duties and responsibilities and of the standards to which that
teacher is expected to conform, and shall include at least the
following components:
        (a) personal observation of the teacher in the
    classroom by the evaluator, unless the teacher has no
    classroom duties.
        (b) consideration of the teacher's attendance,
    planning, instructional methods, classroom management,
    where relevant, and competency in the subject matter
    taught.
        (c) by no later than the applicable implementation
    date, consideration of student growth as a significant
    factor in the rating of the teacher's performance.
        (d) prior to September 1, 2012, rating of the
    performance of teachers in contractual continued service
    as either:
            (i) "excellent", "satisfactory" or
        "unsatisfactory"; or
            (ii) "excellent", "proficient", "needs
        improvement" or "unsatisfactory".
        (e) on and after September 1, 2012, rating of the
    performance of all teachers as "excellent", "proficient",
    "needs improvement" or "unsatisfactory".
        (f) specification as to the teacher's strengths and
    weaknesses, with supporting reasons for the comments made.
        (g) inclusion of a copy of the evaluation in the
    teacher's personnel file and provision of a copy to the
    teacher.
        (h) within 30 school days after the completion of an
    evaluation rating a teacher in contractual continued
    service as "needs improvement", development by the
    evaluator, in consultation with the teacher, and taking
    into account the teacher's on-going professional
    responsibilities including his or her regular teaching
    assignments, of a professional development plan directed
    to the areas that need improvement and any supports that
    the district will provide to address the areas identified
    as needing improvement.
        (i) within 30 school days after completion of an
    evaluation rating a teacher in contractual continued
    service as "unsatisfactory", development and commencement
    by the district of a remediation plan designed to correct
    deficiencies cited, provided the deficiencies are deemed
    remediable. In all school districts the remediation plan
    for unsatisfactory, tenured teachers shall provide for 90
    school days of remediation within the classroom, unless an
    applicable collective bargaining agreement provides for a
    shorter duration. In all school districts evaluations
    issued pursuant to this Section shall be issued within 10
    days after the conclusion of the respective remediation
    plan. However, the school board or other governing
    authority of the district shall not lose jurisdiction to
    discharge a teacher in the event the evaluation is not
    issued within 10 days after the conclusion of the
    respective remediation plan.
        (j) participation in the remediation plan by the
    teacher in contractual continued service rated
    "unsatisfactory", an evaluator and a consulting teacher
    selected by the evaluator of the teacher who was rated
    "unsatisfactory", which consulting teacher is an
    educational employee as defined in the Illinois
    Educational Labor Relations Act, has at least 5 years'
    teaching experience, and a reasonable familiarity with the
    assignment of the teacher being evaluated, and who
    received an "excellent" rating on his or her most recent
    evaluation. Where no teachers who meet these criteria are
    available within the district, the district shall request
    and the applicable regional office of education shall
    supply, to participate in the remediation process, an
    individual who meets these criteria.
        In a district having a population of less than 500,000
    with an exclusive bargaining agent, the bargaining agent
    may, if it so chooses, supply a roster of qualified
    teachers from whom the consulting teacher is to be
    selected. That roster shall, however, contain the names of
    at least 5 teachers, each of whom meets the criteria for
    consulting teacher with regard to the teacher being
    evaluated, or the names of all teachers so qualified if
    that number is less than 5. In the event of a dispute as to
    qualification, the State Board shall determine
    qualification.
        (k) a mid-point and final evaluation by an evaluator
    during and at the end of the remediation period,
    immediately following receipt of a remediation plan
    provided for under subsections (i) and (j) of this
    Section. Each evaluation shall assess the teacher's
    performance during the time period since the prior
    evaluation; provided that the last evaluation shall also
    include an overall evaluation of the teacher's performance
    during the remediation period. A written copy of the
    evaluations and ratings, in which any deficiencies in
    performance and recommendations for correction are
    identified, shall be provided to and discussed with the
    teacher within 10 school days after the date of the
    evaluation, unless an applicable collective bargaining
    agreement provides to the contrary. These subsequent
    evaluations shall be conducted by an evaluator. The
    consulting teacher shall provide advice to the teacher
    rated "unsatisfactory" on how to improve teaching skills
    and to successfully complete the remediation plan. The
    consulting teacher shall participate in developing the
    remediation plan, but the final decision as to the
    evaluation shall be done solely by the evaluator, unless
    an applicable collective bargaining agreement provides to
    the contrary. Evaluations at the conclusion of the
    remediation process shall be separate and distinct from
    the required annual evaluations of teachers and shall not
    be subject to the guidelines and procedures relating to
    those annual evaluations. The evaluator may but is not
    required to use the forms provided for the annual
    evaluation of teachers in the district's evaluation plan.
        (l) reinstatement to the evaluation schedule set forth
    in the district's evaluation plan for any teacher in
    contractual continued service who achieves a rating equal
    to or better than "satisfactory" or "proficient" in the
    school year following a rating of "needs improvement" or
    "unsatisfactory".
        (m) dismissal in accordance with subsection (d) of
    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
    any teacher who fails to complete any applicable
    remediation plan with a rating equal to or better than a
    "satisfactory" or "proficient" rating. Districts and
    teachers subject to dismissal hearings are precluded from
    compelling the testimony of consulting teachers at such
    hearings under subsection (d) of Section 24-12 or Section
    24-16.5 or 34-85 of this Code, either as to the rating
    process or for opinions of performances by teachers under
    remediation.
        (n) After the implementation date of an evaluation
    system for teachers in a district as specified in Section
    24A-2.5 of this Code, if a teacher in contractual
    continued service successfully completes a remediation
    plan following a rating of "unsatisfactory" in an overall
    performance evaluation received after the foregoing
    implementation date and receives a subsequent rating of
    "unsatisfactory" in any of the teacher's overall
    performance evaluation ratings received during the
    36-month period following the teacher's completion of the
    remediation plan, then the school district may forgo
    forego remediation and seek dismissal in accordance with
    subsection (d) of Section 24-12 or Section 34-85 of this
    Code.
        (o) Teachers who are due to be evaluated in the last
    year before they are set to retire shall be offered the
    opportunity to waive their evaluation and to retain their
    most recent rating, unless the teacher was last rated as
    "needs improvement" or "unsatisfactory". The school
    district may still reserve the right to evaluate a teacher
    provided the district gives notice to the teacher at least
    14 days before the evaluation and a reason for evaluating
    the teacher.
    Nothing in this Section or Section 24A-4 shall be
construed as preventing immediate dismissal of a teacher for
deficiencies which are deemed irremediable or for actions
which are injurious to or endanger the health or person of
students in the classroom or school, or preventing the
dismissal or non-renewal of teachers not in contractual
continued service for any reason not prohibited by applicable
employment, labor, and civil rights laws. Failure to strictly
comply with the time requirements contained in Section 24A-5
shall not invalidate the results of the remediation plan.
    Nothing contained in Public Act 98-648 this amendatory Act
of the 98th General Assembly repeals, supersedes, invalidates,
or nullifies final decisions in lawsuits pending on July 1,
2014 (the effective date of Public Act 98-648) this amendatory
Act of the 98th General Assembly in Illinois courts involving
the interpretation of Public Act 97-8.
    If the Governor has declared a disaster due to a public
health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act that suspends in-person
instruction, the timelines in this Section connected to the
commencement and completion of any remediation plan are
waived. Except if the parties mutually agree otherwise and the
agreement is in writing, any remediation plan that had been in
place for more than 45 days prior to the suspension of
in-person instruction shall resume when in-person instruction
resumes and any remediation plan that had been in place for
fewer than 45 days prior to the suspension of in-person
instruction shall be discontinued and a new remediation period
shall begin when in-person instruction resumes. The
requirements of this paragraph apply regardless of whether
they are included in a school district's teacher evaluation
plan.
(Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22;
103-85, eff. 6-9-23; revised 9-20-23.)
 
    (105 ILCS 5/26A-40)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 26A-40. Support and services.
    (a) To facilitate the full participation of students who
are parents, expectant parents, or victims of domestic or
sexual violence, each school district must provide those
students with in-school support services and information
regarding nonschool-based support services, and the ability to
make up work missed on account of circumstances related to the
student's status as a parent, expectant parent, or victim of
domestic or sexual violence. Victims of domestic or sexual
violence must have access to those supports and services
regardless of when or where the violence for which they are
seeking supports and services occurred. All supports and
services must be offered for as long as necessary to maintain
the mental and physical well-being and safety of the student.
Schools may periodically check on students receiving supports
and services to determine whether each support and service
continues to be necessary to maintain the mental and physical
well-being and safety of the student or whether termination is
appropriate.
    (b) Supports provided under subsection (a) shall include,
but are not limited to (i) the provision of sufficiently
private settings to ensure confidentiality and time off from
class for meetings with counselors or other service providers,
(ii) assisting the student with a student success plan, (iii)
transferring a victim of domestic or sexual violence or the
student perpetrator to a different classroom or school, if
available, (iv) changing a seating assignment, (v)
implementing in-school, school grounds, and bus safety
procedures, (vi) honoring court orders, including orders of
protection and no-contact orders to the fullest extent
possible, and (vii) providing any other supports that may
facilitate the full participation in the regular education
program of students who are parents, expectant parents, or
victims of domestic or sexual violence.
    (c) If a student who is a parent, expectant parent, or
victim of domestic or sexual violence is a student at risk of
academic failure or displays poor academic performance, the
student or the student's parent or guardian may request that
the school district provide the student with or refer the
student to education and support services designed to assist
the student in meeting State learning standards. A school
district may either provide education or support services
directly or may collaborate with public or private State,
local, or community-based organizations or agencies that
provide these services. A school district must also inform
those students about support services of nonschool-based
organizations and agencies from which those students typically
receive services in the community.
    (d) Any student who is unable, because of circumstances
related to the student's status as a parent, expectant parent,
or victim of domestic or sexual violence, to participate in
classes on a particular day or days or at the particular time
of day must be excused in accordance with the procedures set
forth in this Code. Upon student or parent or guardian's
request, the teachers and of the school administrative
personnel and officials shall make available to each student
who is unable to participate because of circumstances related
to the student's status as a parent, expectant parent, or
victim of domestic or sexual violence a meaningful opportunity
to make up any examination, study, or work requirement that
the student has missed because of the inability to participate
on any particular day or days or at any particular time of day.
For a student receiving homebound instruction, it is the
responsibility of the student and parent to work with the
school or school district to meet academic standards for
matriculation, as defined by school district policy. Costs
assessed by the school district on the student for
participation in those activities shall be considered waivable
fees for any student whose parent or guardian is unable to
afford them, consistent with Section 10-20.13. Each school
district must adopt written policies for waiver of those fees
in accordance with rules adopted by the State Board of
Education.
    (e) If a school or school district employee or agent
becomes aware of or suspects a student's status as a parent,
expectant parent, or victim of domestic or sexual violence, it
is the responsibility of the employee or agent of the school or
school district to refer the student to the school district's
domestic or sexual violence and parenting resource personnel
set forth in Section 26A-35. A school district must make
respecting a student's privacy, confidentiality, mental and
physical health, and safety a paramount concern.
    (f) Each school must honor a student's and a parent's or
guardian's decision to obtain education and support services
and nonschool-based support services, to terminate the receipt
of those education and support services, or nonschool-based
support services, or to decline participation in those
education and support services, or nonschool-based support
services. No student is obligated to use education and support
services, or nonschool-based support services. In developing
educational support services, the privacy, mental and physical
health, and safety of the student shall be of paramount
concern. No adverse or prejudicial effects may result to any
student because of the student's availing of or declining the
provisions of this Section as long as the student is working
with the school to meet academic standards for matriculation
as defined by school district policy.
    (g) Any support services must be available in any school
or by home or hospital instruction to the highest quality and
fullest extent possible for the individual setting.
    (h) School-based counseling services, if available, must
be offered to students who are parents, expectant parents, or
victims of domestic or sexual violence consistent with the
Mental Health and Developmental Disabilities Code. At least
once every school year, each school district must inform, in
writing, all school personnel and all students 12 years of age
or older of the availability of counseling without parental or
guardian consent under Section 3-5A-105 (to be renumbered as
Section 3-550 in a revisory bill as of the effective date of
this amendatory Act of the 102nd General Assembly) of the
Mental Health and Developmental Disabilities Code. This
information must also be provided to students immediately
after any school personnel becomes aware that a student is a
parent, expectant parent, or victim of domestic or sexual
violence.
    (i) All domestic or sexual violence organizations and
their staff and any other nonschool organization and its staff
shall maintain confidentiality under federal and State laws
and their professional ethics policies regardless of when or
where information, advice, counseling, or any other
interaction with students takes place. A school or school
district may not request or require those organizations or
individuals to breach confidentiality.
(Source: P.A. 102-466, eff. 7-1-25; revised 4-3-23.)
 
    (105 ILCS 5/27-23.1)  (from Ch. 122, par. 27-23.1)
    Sec. 27-23.1. Parenting education.
    (a) The State Board of Education must assist each school
district that offers an evidence-based parenting education
model. School districts may provide instruction in parenting
education for grades 6 through 12 and include such instruction
in the courses of study regularly taught therein. School
districts may give regular school credit for satisfactory
completion by the student of such courses.
    As used in this subsection (a), "parenting education"
means and includes instruction in the following:
        (1) Child growth and development, including prenatal
    development.
        (2) Childbirth and child care.
        (3) Family structure, function, and management.
        (4) Prenatal and postnatal care for mothers and
    infants.
        (5) Prevention of child abuse.
        (6) The physical, mental, emotional, social, economic,
    and psychological aspects of interpersonal and family
    relationships.
        (7) Parenting skill development.
    The State Board of Education shall assist those districts
offering parenting education instruction, upon request, in
developing instructional materials, training teachers, and
establishing appropriate time allotments for each of the areas
included in such instruction.
    School districts may offer parenting education courses
during that period of the day which is not part of the regular
school day. Residents of the school district may enroll in
such courses. The school board may establish fees and collect
such charges as may be necessary for attendance at such
courses in an amount not to exceed the per capita cost of the
operation thereof, except that the board may waive all or part
of such charges if it determines that the individual is
indigent or that the educational needs of the individual
requires his or her attendance at such courses.
    (b) Beginning with the 2019-2020 school year, from
appropriations made for the purposes of this Section, the
State Board of Education shall implement and administer a
7-year pilot program supporting the health and wellness
student-learning requirement by utilizing a unit of
instruction on parenting education in participating school
districts that maintain grades 9 through 12, to be determined
by the participating school districts. The program is
encouraged to include, but is not be limited to, instruction
on (i) family structure, function, and management, (ii) the
prevention of child abuse, (iii) the physical, mental,
emotional, social, economic, and psychological aspects of
interpersonal and family relationships, and (iv) parenting
education competency development that is aligned to the social
and emotional learning standards of the student's grade level.
Instruction under this subsection (b) may be included in the
Comprehensive Health Education Program set forth under Section
3 of the Critical Health Problems and Comprehensive Health
Education Act. The State Board of Education is authorized to
make grants to school districts that apply to participate in
the pilot program under this subsection (b). The provisions of
this subsection (b), other than this sentence, are inoperative
at the conclusion of the pilot program.
(Source: P.A. 103-8, eff. 6-7-23; 103-175, eff. 6-30-23;
revised 9-5-23.)
 
    (105 ILCS 5/27A-3)
    Sec. 27A-3. Definitions. For purposes of this Article:
    "At-risk pupil" means a pupil who, because of physical,
emotional, socioeconomic, or cultural factors, is less likely
to succeed in a conventional educational environment.
    "Authorizer" means an entity authorized under this Article
to review applications, decide whether to approve or reject
applications, enter into charter contracts with applicants,
oversee charter schools, and decide whether to renew, not
renew, or revoke a charter.
    "Local school board" means the duly elected or appointed
school board or board of education of a public school
district, including special charter districts and school
districts located in cities having a population of more than
500,000, organized under the laws of this State.
    "State Board" means the State Board of Education.
    "Union neutrality clause" means a provision whereby a
charter school agrees: (1) to be neutral regarding the
unionization of any of its employees, such that the charter
school will not at any time express a position on the matter of
whether its employees will be unionized and such that the
charter school will not threaten, intimidate, discriminate
against, retaliate against, or take any adverse action against
any employees based on their decision to support or oppose
union representation; (2) to provide any bona fide labor
organization access at reasonable times to areas in which the
charter school's employees work for the purpose of meeting
with employees to discuss their right to representation,
employment rights under the law, and terms and conditions of
employment; and (3) that union recognition shall be through a
majority card check verified by a neutral third-party
arbitrator mutually selected by the charter school and the
bona fide labor organization through alternate striking from a
panel of arbitrators provided by the Federal Mediation and
Conciliation Service. As used in this definition, "bona fide
labor organization" means a labor organization recognized
under the National Labor Relations Act or the Illinois
Educational Labor Relations Act. As used in this definition,
"employees" means non-represented, non-management, and
non-confidential employees of a charter school.
(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
revised 9-5-23.)
 
    (105 ILCS 5/27A-5)
    (Text of Section before amendment by P.A. 102-466 and
103-472)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. In all
new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
    (b-5) (Blank).
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. A charter school's board of directors
or other governing body must include at least one parent or
guardian of a pupil currently enrolled in the charter school
who may be selected through the charter school or a charter
network election, appointment by the charter school's board of
directors or other governing body, or by the charter school's
Parent Teacher Organization or its equivalent.
    (c-5) No later than January 1, 2021 or within the first
year of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. The State Board shall
promulgate and post on its Internet website a list of
non-curricular health and safety requirements that a charter
school must meet. The list shall be updated annually no later
than September 1. Any charter contract between a charter
school and its authorizer must contain a provision that
requires the charter school to follow the list of all
non-curricular health and safety requirements promulgated by
the State Board and any non-curricular health and safety
requirements added by the State Board to such list during the
term of the charter. Nothing in this subsection (d) precludes
an authorizer from including non-curricular health and safety
requirements in a charter school contract that are not
contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code
    regarding criminal history records checks and checks of
    the Statewide Sex Offender Database and Statewide Murderer
    and Violent Offender Against Youth Database of applicants
    for employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school
    report cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Sections 22-90 and 26-18 of this Code;
        (15) Section 22-30 of this Code;
        (16) Sections 24-12 and 34-85 of this Code;
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code;
        (19) Sections 10-20.73 and 34-21.9 of this Code;
        (20) Section 10-22.25b of this Code;
        (21) Section 27-9.1a of this Code;
        (22) Section 27-9.1b of this Code;
        (23) Section 34-18.8 of this Code;
        (25) Section 2-3.188 of this Code;
        (26) Section 22-85.5 of this Code;
        (27) subsections (d-10), (d-15), and (d-20) of Section
    10-20.56 of this Code;
        (28) Sections 10-20.83 and 34-18.78 of this Code;
        (29) Section 10-20.13 of this Code;
        (30) Section 28-19.2 of this Code;
        (31) Section 34-21.6 of this Code; and
        (32) Section 22-85.10 of this Code.
    The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school
district may charge a charter school reasonable rent for the
use of the district's buildings, grounds, and facilities. Any
services for which a charter school contracts with a school
district shall be provided by the district at cost. Any
services for which a charter school contracts with a local
school board or with the governing body of a State college or
university or public community college shall be provided by
the public entity at cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age
or grade level.
    (k) If the charter school is authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
eff. 6-30-23.)
 
    (Text of Section after amendment by P.A. 103-472 but
before amendment by P.A. 102-466)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. In all
new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
    (b-5) (Blank).
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. A charter school's board of directors
or other governing body must include at least one parent or
guardian of a pupil currently enrolled in the charter school
who may be selected through the charter school or a charter
network election, appointment by the charter school's board of
directors or other governing body, or by the charter school's
Parent Teacher Organization or its equivalent.
    (c-5) No later than January 1, 2021 or within the first
year of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. The State Board shall
promulgate and post on its Internet website a list of
non-curricular health and safety requirements that a charter
school must meet. The list shall be updated annually no later
than September 1. Any charter contract between a charter
school and its authorizer must contain a provision that
requires the charter school to follow the list of all
non-curricular health and safety requirements promulgated by
the State Board and any non-curricular health and safety
requirements added by the State Board to such list during the
term of the charter. Nothing in this subsection (d) precludes
an authorizer from including non-curricular health and safety
requirements in a charter school contract that are not
contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code
    regarding criminal history records checks and checks of
    the Statewide Sex Offender Database and Statewide Murderer
    and Violent Offender Against Youth Database of applicants
    for employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school
    report cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Sections 22-90 and 26-18 of this Code;
        (15) Section 22-30 of this Code;
        (16) Sections 24-12 and 34-85 of this Code;
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code;
        (19) Sections 10-20.73 and 34-21.9 of this Code;
        (20) Section 10-22.25b of this Code;
        (21) Section 27-9.1a of this Code;
        (22) Section 27-9.1b of this Code;
        (23) Section 34-18.8 of this Code;
        (25) Section 2-3.188 of this Code;
        (26) Section 22-85.5 of this Code;
        (27) subsections (d-10), (d-15), and (d-20) of Section
    10-20.56 of this Code;
        (28) Sections 10-20.83 and 34-18.78 of this Code;
        (29) Section 10-20.13 of this Code;
        (30) Section 28-19.2 of this Code;
        (31) Section 34-21.6 of this Code; and
        (32) Section 22-85.10 of this Code;
        (33) Section 2-3.196 of this Code;
        (34) Section 22-95 of this Code;
        (35) Section 34-18.62 of this Code; and
        (36) the Illinois Human Rights Act.
    The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school
district may charge a charter school reasonable rent for the
use of the district's buildings, grounds, and facilities. Any
services for which a charter school contracts with a school
district shall be provided by the district at cost. Any
services for which a charter school contracts with a local
school board or with the governing body of a State college or
university or public community college shall be provided by
the public entity at cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age
or grade level.
    (k) If the charter school is authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
 
    (Text of Section after amendment by P.A. 102-466)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. In all
new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
    (b-5) (Blank).
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. A charter school's board of directors
or other governing body must include at least one parent or
guardian of a pupil currently enrolled in the charter school
who may be selected through the charter school or a charter
network election, appointment by the charter school's board of
directors or other governing body, or by the charter school's
Parent Teacher Organization or its equivalent.
    (c-5) No later than January 1, 2021 or within the first
year of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. The State Board shall
promulgate and post on its Internet website a list of
non-curricular health and safety requirements that a charter
school must meet. The list shall be updated annually no later
than September 1. Any charter contract between a charter
school and its authorizer must contain a provision that
requires the charter school to follow the list of all
non-curricular health and safety requirements promulgated by
the State Board and any non-curricular health and safety
requirements added by the State Board to such list during the
term of the charter. Nothing in this subsection (d) precludes
an authorizer from including non-curricular health and safety
requirements in a charter school contract that are not
contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code
    regarding criminal history records checks and checks of
    the Statewide Sex Offender Database and Statewide Murderer
    and Violent Offender Against Youth Database of applicants
    for employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school
    report cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Sections 22-90 and 26-18 of this Code;
        (15) Section 22-30 of this Code;
        (16) Sections 24-12 and 34-85 of this Code;
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code;
        (19) Sections 10-20.73 and 34-21.9 of this Code;
        (20) Section 10-22.25b of this Code;
        (21) Section 27-9.1a of this Code;
        (22) Section 27-9.1b of this Code;
        (23) Section 34-18.8 of this Code;
        (24) Article 26A of this Code;
        (25) Section 2-3.188 of this Code;
        (26) Section 22-85.5 of this Code;
        (27) subsections (d-10), (d-15), and (d-20) of Section
    10-20.56 of this Code;
        (28) Sections 10-20.83 and 34-18.78 of this Code;
        (29) Section 10-20.13 of this Code;
        (30) Section 28-19.2 of this Code;
        (31) Section 34-21.6 of this Code; and
        (32) Section 22-85.10 of this Code;
        (33) Section 2-3.196 of this Code;
        (34) Section 22-95 of this Code;
        (35) Section 34-18.62 of this Code; and
        (36) the Illinois Human Rights Act.
    The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school
district may charge a charter school reasonable rent for the
use of the district's buildings, grounds, and facilities. Any
services for which a charter school contracts with a school
district shall be provided by the district at cost. Any
services for which a charter school contracts with a local
school board or with the governing body of a State college or
university or public community college shall be provided by
the public entity at cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age
or grade level.
    (k) If the charter school is authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
8-31-23.)
 
    (105 ILCS 5/27A-6)
    Sec. 27A-6. Contract contents; applicability of laws and
regulations.
    (a) A certified charter shall constitute a binding
contract and agreement between the charter school and a local
school board under the terms of which the local school board
authorizes the governing body of the charter school to operate
the charter school on the terms specified in the contract.
    (b) Notwithstanding any other provision of this Article,
the certified charter may not waive or release the charter
school from the State goals, standards, and assessments
established pursuant to Section 2-3.64a-5 of this Code. The
certified charter for a charter school operating in a city
having a population exceeding 500,000 shall require the
charter school to administer any other nationally recognized
standardized tests to its students that the chartering entity
administers to other students, and the results on such tests
shall be included in the chartering entity's assessment
reports.
    (c) Subject to the provisions of subsection (e), a
material revision to a previously certified contract or a
renewal shall be made with the approval of both the local
school board and the governing body of the charter school.
    (c-5) The proposed contract shall include a provision on
how both parties will address minor violations of the
contract.
    (c-10) After August 4, 2023 (the effective date of Public
Act 103-416) this amendatory Act of the 103rd General
Assembly, any renewal of a certified charter must include a
union neutrality clause.
    (d) The proposed contract between the governing body of a
proposed charter school and the local school board as
described in Section 27A-7 must be submitted to and certified
by the State Board before it can take effect. If the State
Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the
modifications must be consented to by both the governing body
of the charter school and the local school board, and
resubmitted to the State Board for its certification. If the
proposed contract is resubmitted in a form that is not
consistent with this Article, the State Board may refuse to
certify the charter.
    The State Board shall assign a number to each submission
or resubmission in chronological order of receipt, and shall
determine whether the proposed contract is consistent with the
provisions of this Article. If the proposed contract complies,
the State Board shall so certify.
    (e) No renewal of a previously certified contract is
effective unless and until the State Board certifies that the
renewal is consistent with the provisions of this Article. A
material revision to a previously certified contract may go
into effect immediately upon approval of both the local school
board and the governing body of the charter school, unless
either party requests in writing that the State Board certify
that the material revision is consistent with the provisions
of this Article. If such a request is made, the proposed
material revision is not effective unless and until the State
Board so certifies.
(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
revised 9-5-23.)
 
    (105 ILCS 5/27A-7)
    Sec. 27A-7. Charter submission.
    (a) A proposal to establish a charter school shall be
submitted to the local school board and the State Board for
certification under Section 27A-6 of this Code in the form of a
proposed contract entered into between the local school board
and the governing body of a proposed charter school. The
charter school proposal shall include:
        (1) The name of the proposed charter school, which
    must include the words "Charter School".
        (2) The age or grade range, areas of focus, minimum
    and maximum numbers of pupils to be enrolled in the
    charter school, and any other admission criteria that
    would be legal if used by a school district.
        (3) A description of and address for the physical
    plant in which the charter school will be located;
    provided that nothing in the Article shall be deemed to
    justify delaying or withholding favorable action on or
    approval of a charter school proposal because the building
    or buildings in which the charter school is to be located
    have not been acquired or rented at the time a charter
    school proposal is submitted or approved or a charter
    school contract is entered into or submitted for
    certification or certified, so long as the proposal or
    submission identifies and names at least 2 sites that are
    potentially available as a charter school facility by the
    time the charter school is to open.
        (4) The mission statement of the charter school, which
    must be consistent with the General Assembly's declared
    purposes; provided that nothing in this Article shall be
    construed to require that, in order to receive favorable
    consideration and approval, a charter school proposal
    demonstrate unequivocally that the charter school will be
    able to meet each of those declared purposes, it being the
    intention of the Charter Schools Law that those purposes
    be recognized as goals that charter schools must aspire to
    attain.
        (5) The goals, objectives, and pupil performance
    standards to be achieved by the charter school.
        (6) In the case of a proposal to establish a charter
    school by converting an existing public school or
    attendance center to charter school status, evidence that
    the proposed formation of the charter school has received
    the approval of certified teachers, parents and guardians,
    and, if applicable, a local school council as provided in
    subsection (b) of Section 27A-8.
        (7) A description of the charter school's educational
    program, pupil performance standards, curriculum, school
    year, school days, and hours of operation.
        (8) A description of the charter school's plan for
    evaluating pupil performance, the types of assessments
    that will be used to measure pupil progress toward towards
    achievement of the school's pupil performance standards,
    the timeline for achievement of those standards, and the
    procedures for taking corrective action in the event that
    pupil performance at the charter school falls below those
    standards.
        (9) Evidence that the terms of the charter as proposed
    are economically sound for both the charter school and the
    school district, a proposed budget for the term of the
    charter, a description of the manner in which an annual
    audit of the financial and administrative operations of
    the charter school, including any services provided by the
    school district, are to be conducted, and a plan for the
    displacement of pupils, teachers, and other employees who
    will not attend or be employed in the charter school.
        (10) A description of the governance and operation of
    the charter school, including the nature and extent of
    parental, professional educator, and community involvement
    in the governance and operation of the charter school.
        (11) An explanation of the relationship that will
    exist between the charter school and its employees,
    including evidence that the terms and conditions of
    employment have been addressed with affected employees and
    their recognized representative, if any. However, a
    bargaining unit of charter school employees shall be
    separate and distinct from any bargaining units formed
    from employees of a school district in which the charter
    school is located.
        (12) An agreement between the parties regarding their
    respective legal liability and applicable insurance
    coverage.
        (13) A description of how the charter school plans to
    meet the transportation needs of its pupils, and a plan
    for addressing the transportation needs of low-income and
    at-risk pupils.
        (14) The proposed effective date and term of the
    charter; provided that the first day of the first academic
    year shall be no earlier than August 15 and no later than
    September 15 of a calendar year, and the first day of the
    fiscal year shall be July 1.
        (14.5) Disclosure of any known active civil or
    criminal investigation by a local, state, or federal law
    enforcement agency into an organization submitting the
    charter school proposal or a criminal investigation by a
    local, state, or federal law enforcement agency into any
    member of the governing body of that organization. For the
    purposes of this subdivision (14.5), a known investigation
    means a request for an interview by a law enforcement
    agency, a subpoena, an arrest, or an indictment. Such
    disclosure is required for a period from the initial
    application submission through 10 business days prior to
    the authorizer's scheduled decision date.
        (14.7) A union neutrality clause.
        (15) Any other information reasonably required by the
    State Board.
    (b) A proposal to establish a charter school may be
initiated by individuals or organizations that will have
majority representation on the board of directors or other
governing body of the corporation or other discrete legal
entity that is to be established to operate the proposed
charter school, by a board of education or an
intergovernmental agreement between or among boards of
education, or by the board of directors or other governing
body of a discrete legal entity already existing or
established to operate the proposed charter school. The
individuals or organizations referred to in this subsection
may be school teachers, school administrators, local school
councils, colleges or universities or their faculty members,
public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be submitted to the local
school board for consideration and, if appropriate, for
development of a proposed contract to be submitted to the
State Board for certification under Section 27A-6.
    (c) The local school board may not without the consent of
the governing body of the charter school condition its
approval of a charter school proposal on acceptance of an
agreement to operate under State laws and regulations and
local school board policies from which the charter school is
otherwise exempted under this Article.
(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
revised 9-6-23.)
 
    (105 ILCS 5/27A-11.5)
    Sec. 27A-11.5. State financing. The State Board shall make
the following funds available to school districts and charter
schools:
        (1) From a separate appropriation made to the State
    Board for purposes of this subdivision (1), the State
    Board shall make transition impact aid available to school
    districts that approve a new charter school. The amount of
    the aid shall equal 90% of the per capita funding paid to
    the charter school during the first year of its initial
    charter term, 65% of the per capita funding paid to the
    charter school during the second year of its initial term,
    and 35% of the per capita funding paid to the charter
    school during the third year of its initial term. This
    transition impact aid shall be paid to the local school
    board in equal quarterly installments, with the payment of
    the installment for the first quarter being made by August
    1st immediately preceding the first, second, and third
    years of the initial term. The district shall file an
    application for this aid with the State Board in a format
    designated by the State Board. If the appropriation is
    insufficient in any year to pay all approved claims, the
    impact aid shall be prorated.. If any funds remain after
    these claims have been paid, then the State Board may pay
    all other approved claims on a pro rata basis. Transition
    impact aid shall be paid for charter schools that are in
    the first, second, or third year of their initial term.
    Transition impact aid shall not be paid for any charter
    school that is proposed and created by one or more boards
    of education, as authorized under subsection (b) of
    Section 27A-7.
        (2) From a separate appropriation made for the purpose
    of this subdivision (2), the State Board shall make grants
    to charter schools to pay their start-up costs of
    acquiring educational materials and supplies, textbooks,
    electronic textbooks and the technological equipment
    necessary to gain access to and use electronic textbooks,
    furniture, and other equipment or materials needed during
    their initial term. The State Board shall annually
    establish the time and manner of application for these
    grants, which shall not exceed $250 per student enrolled
    in the charter school.
        (3) The Charter Schools Revolving Loan Fund is created
    as a special fund in the State treasury. Federal funds,
    such other funds as may be made available for costs
    associated with the establishment of charter schools in
    Illinois, and amounts repaid by charter schools that have
    received a loan from the Charter Schools Revolving Loan
    Fund shall be deposited into the Charter Schools Revolving
    Loan Fund, and the moneys in the Charter Schools Revolving
    Loan Fund shall be appropriated to the State Board and
    used to provide interest-free loans to charter schools.
    These funds shall be used to pay start-up costs of
    acquiring educational materials and supplies, textbooks,
    electronic textbooks and the technological equipment
    necessary to gain access to and use electronic textbooks,
    furniture, and other equipment or materials needed in the
    initial term of the charter school and for acquiring and
    remodeling a suitable physical plant, within the initial
    term of the charter school. Loans shall be limited to one
    loan per charter school and shall not exceed $750 per
    student enrolled in the charter school. A loan shall be
    repaid by the end of the initial term of the charter
    school. The State Board may deduct amounts necessary to
    repay the loan from funds due to the charter school or may
    require that the local school board that authorized the
    charter school deduct such amounts from funds due the
    charter school and remit these amounts to the State Board,
    provided that the local school board shall not be
    responsible for repayment of the loan. The State Board may
    use up to 3% of the appropriation to contract with a
    non-profit entity to administer the loan program.
        (4) A charter school may apply for and receive,
    subject to the same restrictions applicable to school
    districts, any grant administered by the State Board that
    is available for school districts.
    If a charter school fails to make payments toward
administrative costs, the State Board may withhold State funds
from that school until it has made all payments for those
costs.
(Source: P.A. 103-175, eff. 6-30-23; revised 9-20-23.)
 
    (105 ILCS 5/34-18.82)
    Sec. 34-18.82. Trauma kit; trauma response training.
    (a) In this Section, "trauma kit" means a first aid
response kit that contains, at a minimum, all of the
following:
        (1) One tourniquet endorsed by the Committee on
    Tactical Combat Casualty Care.
        (2) One compression bandage.
        (3) One hemostatic bleeding control dressing endorsed
    by the Committee on Tactical Combat Casualty Care.
        (4) Protective gloves and a marker.
        (5) Scissors.
        (6) Instructional documents developed by the Stop the
    Bleed national awareness campaign of the United States
    Department of Homeland Security or the American College of
    Surgeons' Committee on Trauma, or both.
        (7) Any other medical materials or equipment similar
    to those described in paragraphs (1) through (3) or any
    other items that (i) are approved by a local law
    enforcement agency or first responders, (ii) can
    adequately treat a traumatic injury, and (iii) can be
    stored in a readily available kit.
    (b) The school district may maintain an on-site trauma kit
at each school for bleeding emergencies.
    (c) Products purchased for the trauma kit, including those
products endorsed by the Committee on Tactical Combat Casualty
Care, shall, whenever possible, be manufactured in the United
States.
    (d) At least once every 2 years, the board shall conduct
in-service training for all school district employees on the
methods to respond to trauma. The training must include
instruction on how to respond to an incident involving
life-threatening bleeding and, if applicable, how to use a
school's trauma kit. The board may satisfy the training
requirements under this subsection by using the training,
including online training, available from the American College
of Surgeons or any other similar organization.
    School district employees who are trained to respond to
trauma pursuant to this subsection (d) shall be immune from
civil liability in the use of a trauma kit unless the action
constitutes willful or wanton misconduct.
(Source: P.A. 103-128, eff. 6-30-23.)
 
    (105 ILCS 5/34-18.83)
    Sec. 34-18.83 34-18.82. Subsequent teaching endorsements
for employees.
    (a) Subsequent teaching endorsements may be granted to
employees licensed under Article 21B of this Code for specific
content areas and grade levels as part of a pilot program.
    (b) The school district is authorized to prepare educators
for subsequent teaching endorsements on licenses issued under
paragraph (1) of Section 21B-20 of this Code to applicants who
meet all of the requirements for the endorsement or
endorsements, including passing any required content area
knowledge tests. If seeking to provide subsequent
endorsements, the school district must establish professional
development sequences to be offered instead of coursework
required for issuance of the subsequent endorsement and must
apply for approval of these professional development sequences
by the State Board of Education, in collaboration with the
State Educator Preparation and Licensure Board. The
professional development sequences under this Section shall
include a comprehensive review of relevant State learning
standards, the applicable State content-test framework, and,
if applicable, relevant educator preparation standards.
    (c) The State Board of Education shall adopt any rules
necessary to implement this Section no later than June 30,
2024.
(Source: P.A. 103-157, eff. 6-30-23; revised 8-30-23.)
 
    (105 ILCS 5/34-18.84)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 34-18.84 34-18.82. Community input on local
assessments.
    (a) As used in this Section, "district-administered
assessment" means an assessment that requires all student test
takers at any grade level to answer the same questions, or a
selection of questions from a common bank of questions, in the
same manner or substantially the same questions in the same
manner. The term does not include an observational assessment
tool used to satisfy the requirements of Section 2-3.64a-10 of
this Code or an assessment developed by district teachers or
administrators that will be used to measure student progress
at an attendance center within the school district.
    (b) Prior to approving a new contract for any
district-administered assessment, the board must hold a public
vote at a regular meeting of the board, at which the terms of
the proposal must be substantially presented and an
opportunity for allowing public comments must be provided,
subject to applicable notice requirements. However, if the
assessment being made available to review is subject to
copyright, trademark, or other intellectual property
protection, the review process shall include technical and
procedural safeguards to ensure that the materials are not
able to be widely disseminated to the general public in
violation of the intellectual property rights of the publisher
and to ensure content validity is not undermined.
(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)
 
    (105 ILCS 5/34-84)  (from Ch. 122, par. 34-84)
    Sec. 34-84. Appointments and promotions of teachers.
Appointments and promotions of teachers shall be made for
merit only, and after satisfactory service for a probationary
period of 3 years with respect to probationary employees
employed as full-time teachers in the public school system of
the district before January 1, 1998 or on or after July 1, 2023
and 4 years with respect to probationary employees who are
first employed as full-time teachers in the public school
system of the district on or after January 1, 1998 but before
July 1, 2023, during which period the board may dismiss or
discharge any such probationary employee upon the
recommendation, accompanied by the written reasons therefor,
of the general superintendent of schools and after which
period appointments of teachers shall become permanent,
subject to removal for cause in the manner provided by Section
34-85.
    For a probationary-appointed teacher in full-time service
who is appointed on or after July 1, 2013 and who receives
ratings of "excellent" during his or her first 3 school terms
of full-time service, the probationary period shall be 3
school terms of full-time service. For a
probationary-appointed teacher in full-time service who is
appointed on or after July 1, 2013 and who had previously
entered into contractual continued service in another school
district in this State or a program of a special education
joint agreement in this State, as defined in Section 24-11 of
this Code, the probationary period shall be 2 school terms of
full-time service, provided that (i) the teacher voluntarily
resigned or was honorably dismissed from the prior district or
program within the 3-month period preceding his or her
appointment date, (ii) the teacher's last 2 ratings in the
prior district or program were at least "proficient" and were
issued after the prior district's or program's PERA
implementation date, as defined in Section 24-11 of this Code,
and (iii) the teacher receives ratings of "excellent" during
his or her first 2 school terms of full-time service.
    For a probationary-appointed teacher in full-time service
who has not entered into contractual continued service after 2
or 3 school terms of full-time service as provided in this
Section, the probationary period shall be 3 school terms of
full-time service, provided that the teacher holds a
Professional Educator License and receives a rating of at
least "proficient" in the last school term and a rating of at
least "proficient" in either the second or third school term.
    As used in this Section, "school term" means the school
term established by the board pursuant to Section 10-19 of
this Code, and "full-time service" means the teacher has
actually worked at least 150 days during the school term. As
used in this Article, "teachers" means and includes all
members of the teaching force excluding the general
superintendent and principals.
    There shall be no reduction in teachers because of a
decrease in student membership or a change in subject
requirements within the attendance center organization after
the 20th day following the first day of the school year, except
that: (1) this provision shall not apply to desegregation
positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at
attendance centers maintaining any of grades 9 through 12,
there may be a second reduction in teachers on the first day of
the second semester of the regular school term because of a
decrease in student membership or a change in subject
requirements within the attendance center organization.
    A teacher Teachers who is are due to be evaluated in the
last year before the teacher is they are set to retire shall be
offered the opportunity to waive the their evaluation and to
retain the teacher's their most recent rating, unless the
teacher was last rated as "needs improvement" or
"unsatisfactory". The school district may still reserve the
right to evaluate a teacher provided the district gives notice
to the teacher at least 14 days before the evaluation and a
reason for evaluating the teacher.
    The school principal shall make the decision in selecting
teachers to fill new and vacant positions consistent with
Section 34-8.1.
(Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23;
revised 9-6-23.)
 
    Section 280. The Asbestos Abatement Act is amended by
changing Section 10a as follows:
 
    (105 ILCS 105/10a)  (from Ch. 122, par. 1410a)
    Sec. 10a. Licensing. No inspector, management planner,
project designer, project manager, air sampling professional,
asbestos abatement contractor, worker or project supervisor
may be employed as a response action contractor unless that
individual or entity is licensed by the Department. Those
individuals and entities wishing to be licensed shall make
application on forms prescribed and furnished by the
Department. A license shall expire annually according to a
schedule determined by the Department. Applications for
renewal of licenses shall be filed with the Department at
least 30 days before the expiration date. When a licensure
examination is required, the application for licensure shall
be submitted to the Department at least 30 days prior to the
date of the scheduled examination. The Department shall
evaluate each application based on its minimum standards for
licensure, promulgated as rules, and render a decision. Such
standards may include a requirement for the successful
completion of a course of training approved by the Department.
If the Department denies the application, the applicant may
appeal such decision pursuant to the provisions of the
"Administrative Review Law".
    The Department, upon notification by the Illinois Workers'
Compensation Commission or the Department of Insurance, shall
refuse the issuance or renewal of a license to, or suspend or
revoke the license of, any individual, corporation,
partnership, or other business entity that has been found by
the Illinois Workers' Compensation Commission or the
Department of Insurance to have failed:
        (a) to secure workers' compensation obligations in the
    manner required by subsections (a) and (b) of Section 4 of
    the Workers' Compensation Act;
        (b) to pay in full a fine or penalty imposed by the
    Illinois Workers' Compensation Commission or the
    Department of Insurance due to a failure to secure
    workers' compensation obligations in the manner required
    by subsections (a) and (b) of Section 4 of the Workers'
    Compensation Act; or
        (c) to fulfill all obligations assumed pursuant to any
    settlement reached with the Illinois Workers' Compensation
    Commission or the Department of Insurance due to a failure
    to secure workers' compensation obligations in the manner
    required by subsections (a) and (b) of Section 4 of the
    Workers' Compensation Act.
    A complaint filed with the Department by the Illinois
Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman, or the Director or Chairman's designee,
attesting to a finding of the failure to secure workers'
compensation obligations in the manner required by subsections
(a) and (b) of Section 4 of the Workers' Compensation Act or
the failure to pay any fines or penalties or to discharge any
obligation under a settlement relating to the failure to
secure workers' compensation obligations in the manner
required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act is prima facie evidence of the
licensee's or applicant's failure to comply with subsections
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
receipt of that certification, the Department shall, without a
hearing, immediately suspend all licenses held by the licensee
or the processing of any application from the applicant.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's or applicant's address of record or emailing a copy
of the order to the licensee's or applicant's email address of
record. The notice shall advise the licensee or applicant that
the suspension shall be effective 60 days after the issuance
of the order unless the Department receives, from the licensee
or applicant, a request for a hearing before the Department to
dispute the matters contained in the order.
    Upon receiving notice from the Illinois Workers'
Compensation Commission or the Department of Insurance that
the violation has been corrected or otherwise resolved, the
Department shall vacate the order suspending a licensee's
license or the processing of an applicant's application.
    No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Illinois Workers' Compensation
Commission or the Department of Insurance.
(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
 
    Section 285. The Critical Health Problems and
Comprehensive Health Education Act is amended by changing
Section 3 as follows:
 
    (105 ILCS 110/3)
    Sec. 3. Comprehensive Health Education Program. The
program established under this Act shall include, but not be
limited to, the following major educational areas as a basis
for curricula in all elementary and secondary schools in this
State: human ecology and health; human growth and development;
the emotional, psychological, physiological, hygienic, and
social responsibilities of family life, including sexual
abstinence until marriage; the prevention and control of
disease, including instruction in grades 6 through 12 on the
prevention, transmission, and spread of AIDS; age-appropriate
sexual abuse and assault awareness and prevention education in
grades pre-kindergarten through 12; public and environmental
health; consumer health; safety education and disaster
survival; mental health and illness; personal health habits;
alcohol and drug use and abuse, including the medical and
legal ramifications of alcohol, drug, and tobacco use; abuse
during pregnancy; evidence-based and medically accurate
information regarding sexual abstinence; tobacco and
e-cigarettes and other vapor devices; nutrition; and dental
health. The instruction on mental health and illness must
evaluate the multiple dimensions of health by reviewing the
relationship between physical and mental health so as to
enhance student understanding, attitudes, and behaviors that
promote health, well-being, and human dignity and must include
how and where to find mental health resources and specialized
treatment in the State. The program shall also provide course
material and instruction to advise pupils of the Abandoned
Newborn Infant Protection Act. The program shall include
information about cancer, including, without limitation, types
of cancer, signs and symptoms, risk factors, the importance of
early prevention and detection, and information on where to go
for help. Notwithstanding the above educational areas, the
following areas may also be included as a basis for curricula
in all elementary and secondary schools in this State: basic
first aid (including, but not limited to, cardiopulmonary
resuscitation and the Heimlich maneuver), heart disease,
diabetes, stroke, the prevention of child abuse, neglect, and
suicide, and teen dating violence in grades 7 through 12.
Beginning with the 2014-2015 school year, training on how to
properly administer cardiopulmonary resuscitation (which
training must be in accordance with standards of the American
Red Cross, the American Heart Association, or another
nationally recognized certifying organization) and how to use
an automated external defibrillator shall be included as a
basis for curricula in all secondary schools in this State.
    Beginning with the 2024-2025 school year in grades 9
through 12, the program shall include instruction, study, and
discussion on the dangers of allergies. Information for the
instruction, study, and discussion shall come from information
provided by the Department of Public Health and the federal
Centers for Disease Control and Prevention. This instruction,
study, and discussion shall include, at a minimum:
        (1) recognizing the signs and symptoms of an allergic
    reaction, including anaphylaxis;
        (2) the steps to take to prevent exposure to
    allergens; and
        (3) safe emergency epinephrine administration.
    The school board of each public elementary and secondary
school in the State shall encourage all teachers and other
school personnel to acquire, develop, and maintain the
knowledge and skills necessary to properly administer
life-saving techniques, including, without limitation, the
Heimlich maneuver and rescue breathing. The training shall be
in accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization. A school board may use the services
of non-governmental entities whose personnel have expertise in
life-saving techniques to instruct teachers and other school
personnel in these techniques. Each school board is encouraged
to have in its employ, or on its volunteer staff, at least one
person who is certified, by the American Red Cross or by
another qualified certifying agency, as qualified to
administer first aid and cardiopulmonary resuscitation. In
addition, each school board is authorized to allocate
appropriate portions of its institute or inservice days to
conduct training programs for teachers and other school
personnel who have expressed an interest in becoming qualified
to administer emergency first aid or cardiopulmonary
resuscitation. School boards are urged to encourage their
teachers and other school personnel who coach school athletic
programs and other extracurricular school activities to
acquire, develop, and maintain the knowledge and skills
necessary to properly administer first aid and cardiopulmonary
resuscitation in accordance with standards and requirements
established by the American Red Cross or another qualified
certifying agency. Subject to appropriation, the State Board
of Education shall establish and administer a matching grant
program to pay for half of the cost that a school district
incurs in training those teachers and other school personnel
who express an interest in becoming qualified to administer
cardiopulmonary resuscitation (which training must be in
accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization) or in learning how to use an
automated external defibrillator. A school district that
applies for a grant must demonstrate that it has funds to pay
half of the cost of the training for which matching grant money
is sought. The State Board of Education shall award the grants
on a first-come, first-serve basis.
    No pupil shall be required to take or participate in any
class or course on AIDS or family life instruction or to
receive training on how to properly administer cardiopulmonary
resuscitation or how to use an automated external
defibrillator if his or her parent or guardian submits written
objection thereto, and refusal to take or participate in the
course or program or the training shall not be reason for
suspension or expulsion of the pupil.
    Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include classroom
instruction in grades 5 through 12. The instruction, which
shall include matters relating to both the physical and legal
effects and ramifications of drug and substance abuse, shall
be integrated into existing curricula; and the State Board of
Education shall develop and make available to all elementary
and secondary schools in this State instructional materials
and guidelines which will assist the schools in incorporating
the instruction into their existing curricula. In addition,
school districts may offer, as part of existing curricula
during the school day or as part of an after-school after
school program, support services and instruction for pupils or
pupils whose parent, parents, or guardians are chemically
dependent. Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include the instruction,
study, and discussion required under subsection (c) of Section
27-13.2 of the School Code.
(Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21;
102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff.
1-1-24; revised 12-12-23.)
 
    Section 290. The School Safety Drill Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 50 as follows:
 
    (105 ILCS 128/50)
    Sec. 50. Crisis response mapping data grants.
    (a) Subject to appropriation, a public school district, a
charter school, a special education cooperative or district,
an education for employment system, a State-approved area
career center, a public university laboratory school, the
Illinois Mathematics and Science Academy, the Department of
Juvenile Justice School District, a regional office of
education, the Illinois School for the Deaf, the Illinois
School for the Visually Impaired, the Philip J. Rock Center
and School, an early childhood or preschool program supported
by the Early Childhood Block Grant, or any other public school
entity designated by the State Board of Education by rule, may
apply to the State Board of Education or the State Board of
Education or the State Board's designee for a grant to obtain
crisis response mapping data and to provide copies of the
crisis response mapping data to appropriate local, county,
State, and federal first responders for use in response to
emergencies. The crisis response mapping data shall be stored
and provided in an electronic or digital format to assist
first responders in responding to emergencies at the school.
    (b) Subject to appropriation, including funding for any
administrative costs reasonably incurred by the State Board of
Education or the State Board's designee in the administration
of the grant program described by this Section, the State
Board shall provide grants to any entity in subsection (a)
upon approval of an application submitted by the entity to
cover the costs incurred in obtaining crisis response mapping
data under this Section. The grant application must include
crisis response mapping data for all schools under the
jurisdiction of the entity submitting the application,
including, in the case of a public school district, any
charter schools authorized by the school board for the school
district.
    (c) To be eligible for a grant under this Section, the
crisis response mapping data must, at a minimum:
        (1) be compatible and integrate into security software
    platforms in use by the specific school for which the data
    is provided without requiring local law enforcement
    agencies or the school district to purchase additional
    software or requiring the integration of third-party
    software to view the data;
        (2) be compatible with security software platforms in
    use by the specific school for which the data is provided
    without requiring local public safety agencies or the
    school district to purchase additional software or
    requiring the integration of third-party software to view
    the data;
        (3) be capable of being provided in a printable
    format;
        (4) be verified for accuracy by an on-site
    walk-through of the school building and grounds;
        (5) be oriented to true north;
        (6) be overlaid on current aerial imagery or plans of
    the school building;
        (7) contain site-specific labeling that matches the
    structure of the school building, including room labels,
    hallway names, and external door or stairwell numbers and
    the location of hazards, critical utilities, key boxes,
    automated external defibrillators, and trauma kits, and
    that matches the school grounds, including parking areas,
    athletic fields, surrounding roads, and neighboring
    properties; and
        (8) be overlaid with gridded x/y coordinates.
    (d) Subject to appropriation, the crisis response mapping
data may be reviewed annually to update the data as necessary.
    (e) Crisis response mapping data obtained pursuant to this
Section are confidential and exempt from disclosure under the
Freedom of Information Act.
    (f) The State Board may adopt rules to implement the
provisions of this Section.
(Source: P.A. 103-8, eff. 6-7-23; revised 1-20-24.)
 
    (105 ILCS 128/55)
    Sec. 55 50. Rapid entry. A school building's emergency and
crisis response plan, protocol, and procedures shall include a
plan for local law enforcement to rapidly enter a school
building in the event of an emergency.
(Source: P.A. 103-194, eff. 1-1-24; revised 1-2-24.)
 
    Section 295. The University of Illinois Act is amended by
changing Section 115 as follows:
 
    (110 ILCS 305/115)
    (Section scheduled to be repealed on January 1, 2025)
    Sec. 115. Water rates report.
    (a) Subject to appropriation, no later than June 30, 2023,
the Government Finance Research Center at the University of
Illinois at Chicago, in coordination with an intergovernmental
advisory committee, must issue a report evaluating the setting
of water rates throughout the Lake Michigan service area of
northeastern Illinois and, no later than December 31, 2024,
for the remainder of Illinois. The report must provide
recommendations for policy and regulatory needs at the State
and local level based on its findings. The report shall, at a
minimum, address all of the following areas:
        (1) The components of a water bill.
        (2) Reasons for increases in water rates.
        (3) The definition of affordability throughout the
    State and any variances to that definition.
        (4) Evidence of rate-setting that utilizes
    inappropriate practices.
        (5) The extent to which State or local policies drive
    cost increases or variations in rate-settings.
        (6) Challenges within economically disadvantaged
    communities in setting water rates.
        (7) Opportunities for increased intergovernmental
    coordination for setting equitable water rates.
    (b) In developing the report under this Section, the
Government Finance Research Center shall form an advisory
committee, which shall be composed of all of the following
members:
        (1) The Director of the Environmental Protection
    Agency, or his or her designee.
        (2) The Director of Natural Resources, or his or her
    designee.
        (3) The Director of Commerce and Economic Opportunity,
    or his or her designee.
        (4) The Attorney General, or his or her designee.
        (5) At least 2 members who are representatives of
    private water utilities operating in Illinois, appointed
    by the Director of the Government Finance Research Center.
        (6) At least 4 members who are representatives of
    municipal water utilities, appointed by the Director of
    the Government Finance Research Center.
        (7) One member who is a representative of an
    environmental justice advocacy organization, appointed by
    the Director of the Government Finance Research Center.
        (8) One member who is a representative of a consumer
    advocacy organization, appointed by the Director of the
    Government Finance Research Center.
        (9) One member who is a representative of an
    environmental planning organization that serves
    northeastern Illinois, appointed by the Director of the
    Government Finance Research Center.
        (10) The Director of the Illinois State Water Survey,
    or his or her designee.
        (11) The Chairperson of the Illinois Commerce
    Commission, or his or her designee.
    (c) After all members are appointed, the committee shall
hold its first meeting at the call of the Director of the
Government Finance Research Center, at which meeting the
members shall select a chairperson from among themselves.
After its first meeting, the committee shall meet at the call
of the chairperson. Members of the committee shall serve
without compensation but may be reimbursed for their
reasonable and necessary expenses incurred in performing their
duties. The Government Finance Research Center shall provide
administrative and other support to the committee.
    (d) (Blank.).
    (e) This Section is repealed on January 1, 2025.
(Source: P.A. 102-507, eff. 8-20-21; 102-558, eff. 8-20-21;
103-4, eff. 5-31-23; revised 9-20-23.)
 
    Section 300. The University of Illinois Hospital Act is
amended by setting forth, renumbering, and changing multiple
versions of Section 8h as follows:
 
    (110 ILCS 330/8h)
    Sec. 8h. Maternal milk donation education.
    (a) To ensure an adequate supply of pasteurized donor
human milk for premature infants in Illinois, the University
of Illinois Hospital shall provide information and
instructional materials to parents of each newborn, upon
discharge from the University of Illinois Hospital, regarding
the option to voluntarily donate milk to nonprofit non-profit
milk banks that are accredited by the Human Milk Banking
Association of North America or its successor organization.
The materials shall be provided free of charge and shall
include general information regarding nonprofit non-profit
milk banking practices and contact information for area
nonprofit milk banks that are accredited by the Human Milk
Banking Association of North America.
    (b) The information and instructional materials described
in subsection (a) may be provided electronically.
    (c) Nothing in this Section prohibits the University of
Illinois Hospital from obtaining free and suitable information
on voluntary milk donation from the Human Milk Banking
Association of North America, or its successor organization,
or their accredited members.
(Source: P.A. 103-160, eff. 1-1-24; revised 9-26-23.)
 
    (110 ILCS 330/8i)
    Sec. 8i 8h. Emergency room treatment; delay of treatment
prohibition. Notwithstanding any provision of law to the
contrary, the University of Illinois Hospital, in accordance
with Section 1395dd(a) and 1395dd(b) of the Social Security
Act, shall not delay provisions of a required appropriate
medical screening examination or further medical examination
and treatment for a patient in a University of Illinois
Hospital emergency room in order to inquire about the
individual's method of payment or insurance status.
(Source: P.A. 103-213, eff. 1-1-24; revised 1-2-24.)
 
    Section 305. The Underserved Health Care Provider
Workforce Act is amended by changing Section 3.09 as follows:
 
    (110 ILCS 935/3.09)
    Sec. 3.09. Eligible health care provider. "Eligible health
care provider" means a primary care physician, general
surgeon, emergency medicine physician, obstetrician,
chiropractic physician, anesthesiologist, advanced practice
registered nurse, or physician assistant who accepts Medicaid,
Medicare, the State's Children's Health Insurance Program,
private insurance, and self-pay.
(Source: P.A. 102-888, eff. 5-17-22; 103-219, eff. 1-1-24;
103-507, eff. 1-1-24; revised 9-5-23.)
 
    Section 310. The Higher Education Student Assistance Act
is amended by changing Sections 65.100 and 67 as follows:
 
    (110 ILCS 947/65.100)
    Sec. 65.100. AIM HIGH Grant Program.
    (a) The General Assembly makes all of the following
findings:
        (1) Both access and affordability are important
    aspects of the Illinois Public Agenda for College and
    Career Success report.
        (2) This State is in the top quartile with respect to
    the percentage of family income needed to pay for college.
        (3) Research suggests that as loan amounts increase,
    rather than an increase in grant amounts, the probability
    of college attendance decreases.
        (4) There is further research indicating that
    socioeconomic status may affect the willingness of
    students to use loans to attend college.
        (5) Strategic use of tuition discounting can decrease
    the amount of loans that students must use to pay for
    tuition.
        (6) A modest, individually tailored tuition discount
    can make the difference in a student choosing to attend
    college and enhance college access for low-income and
    middle-income families.
        (7) Even if the federally calculated financial need
    for college attendance is met, the federally determined
    Expected Family Contribution can still be a daunting
    amount.
        (8) This State is the second largest exporter of
    students in the country.
        (9) When talented Illinois students attend
    universities in this State, the State and those
    universities benefit.
        (10) State universities in other states have adopted
    pricing and incentives that allow many Illinois residents
    to pay less to attend an out-of-state university than to
    remain in this State for college.
        (11) Supporting Illinois student attendance at
    Illinois public universities can assist in State efforts
    to maintain and educate a highly trained workforce.
        (12) Modest tuition discounts that are individually
    targeted and tailored can result in enhanced revenue for
    public universities.
        (13) By increasing a public university's capacity to
    strategically use tuition discounting, the public
    university will be capable of creating enhanced tuition
    revenue by increasing enrollment yields.
    (b) In this Section:
    "Eligible applicant" means a student from any high school
in this State, whether or not recognized by the State Board of
Education, who is engaged in a program of study that in due
course will be completed by the end of the school year and who
meets all of the qualifications and requirements under this
Section.
    "Tuition and other necessary fees" includes the customary
charge for instruction and use of facilities in general and
the additional fixed fees charged for specified purposes that
are required generally of non-grant recipients for each
academic period for which the grant applicant actually
enrolls, but does not include fees payable only once or
breakage fees and other contingent deposits that are
refundable in whole or in part. The Commission may adopt, by
rule not inconsistent with this Section, detailed provisions
concerning the computation of tuition and other necessary
fees.
    (c) Beginning with the 2019-2020 academic year, each
public university may establish a merit-based scholarship
program known as the AIM HIGH Grant Program. Each year, the
Commission shall receive and consider applications from public
universities under this Section. Each participating public
university shall indicate that grants under the program come
from AIM HIGH and shall use the words "AIM HIGH" in the name of
any grant under the program and in any published or posted
materials about the program. Subject to appropriation and any
tuition waiver limitation established by the Board of Higher
Education, a public university campus may award a grant to a
student under this Section if it finds that the applicant
meets all of the following criteria:
        (1) He or she is a resident of this State and a citizen
    or eligible noncitizen of the United States.
        (2) He or she files a Free Application for Federal
    Student Aid and demonstrates financial need with a
    household income no greater than 8 times the poverty
    guidelines updated periodically in the Federal Register by
    the U.S. Department of Health and Human Services under the
    authority of 42 U.S.C. 9902(2). The household income of
    the applicant at the time of initial application shall be
    deemed to be the household income of the applicant for the
    duration of the program.
        (3) He or she meets the minimum cumulative grade point
    average or ACT or SAT college admissions test score, as
    determined by the public university campus.
        (4) He or she is enrolled in a public university as an
    undergraduate student on a full-time basis.
        (5) He or she has not yet received a baccalaureate
    degree or the equivalent of 135 semester credit hours.
        (6) He or she is not incarcerated.
        (7) He or she is not in default on any student loan or
    does not owe a refund or repayment on any State or federal
    grant or scholarship.
        (8) Any other reasonable criteria, as determined by
    the public university campus.
    Each public university campus shall allow qualified
full-time undergraduate students to apply for a grant, but may
choose to allow qualified part-time undergraduate students who
are enrolling in their final semester at the public university
campus to also apply.
    (d) Each public university campus shall determine grant
renewal criteria consistent with the requirements under this
Section.
    (e) Each participating public university campus shall post
on its Internet website criteria and eligibility requirements
for receiving awards that use funds under this Section that
include a range in the sizes of these individual awards. The
criteria and amounts must also be reported to the Commission
and the Board of Higher Education, who shall post the
information on their respective Internet websites.
    (f) After enactment of an appropriation for this Program,
the Commission shall determine an allocation of funds to each
public university in an amount proportionate to the number of
undergraduate students who are residents of this State and
citizens or eligible noncitizens of the United States and who
were enrolled at each public university campus in the previous
academic year. All applications must be made to the Commission
on or before a date determined by the Commission and on forms
that the Commission shall provide to each public university
campus. The form of the application and the information
required shall be determined by the Commission and shall
include, without limitation, the total public university
campus funds used to match funds received from the Commission
in the previous academic year under this Section, if any, the
total enrollment of undergraduate students who are residents
of this State from the previous academic year, and any
supporting documents as the Commission deems necessary. Each
public university campus shall match the amount of funds
received by the Commission with financial aid for eligible
students.
    A public university in which an average of at least 49% of
the students seeking a bachelor's degree or certificate
received a Pell Grant over the prior 3 academic years, as
reported to the Commission, shall match 35% of the amount of
funds awarded in a given academic year with non-loan financial
aid for eligible students. A public university in which an
average of less than 49% of the students seeking a bachelor's
degree or certificate received a Pell Grant over the prior 3
academic years, as reported to the Commission, shall match 70%
of the amount of funds awarded in a given academic year with
non-loan financial aid for eligible students.
    A public university campus is not required to claim its
entire allocation. The Commission shall make available to all
public universities, on a date determined by the Commission,
any unclaimed funds and the funds must be made available to
those public university campuses in the proportion determined
under this subsection (f), excluding from the calculation
those public university campuses not claiming their full
allocations.
    Each public university campus may determine the award
amounts for eligible students on an individual or broad basis,
but, subject to renewal eligibility, each renewed award may
not be less than the amount awarded to the eligible student in
his or her first year attending the public university campus.
Notwithstanding this limitation, a renewal grant may be
reduced due to changes in the student's cost of attendance,
including, but not limited to, if a student reduces the number
of credit hours in which he or she is enrolled, but remains a
full-time student, or switches to a course of study with a
lower tuition rate.
    An eligible applicant awarded grant assistance under this
Section is eligible to receive other financial aid. Total
grant aid to the student from all sources may not exceed the
total cost of attendance at the public university campus.
    (g) All money allocated to a public university campus
under this Section may be used only for financial aid purposes
for students attending the public university campus during the
academic year, not including summer terms. Notwithstanding any
other provision of law to the contrary, any funds received by a
public university campus under this Section that are not
granted to students in the academic year for which the funds
are received may be retained by the public university campus
for expenditure on students participating in the Program or
students eligible to participate in the Program.
    (h) Each public university campus that establishes a
Program under this Section must annually report to the
Commission, on or before a date determined by the Commission,
the number of undergraduate students enrolled at that campus
who are residents of this State.
    (i) Each public university campus must report to the
Commission the total non-loan financial aid amount given by
the public university campus to undergraduate students in the
2017-2018 academic year or the 2021-2022 academic year, not
including the summer terms. To be eligible to receive funds
under the Program, a public university campus may not decrease
the total amount of non-loan financial aid it gives to
undergraduate students, not including any funds received from
the Commission under this Section or any funds used to match
grant awards under this Section, to an amount lower than the
amount reported under this subsection (i) for the 2017-2018
academic year or the 2021-2022 academic year, whichever is
less, not including the summer terms.
    (j) On or before a date determined by the Commission, each
public university campus that participates in the Program
under this Section shall annually submit a report to the
Commission with all of the following information:
        (1) The Program's impact on tuition revenue and
    enrollment goals and increase in access and affordability
    at the public university campus.
        (2) Total funds received by the public university
    campus under the Program.
        (3) Total non-loan financial aid awarded to
    undergraduate students attending the public university
    campus.
        (4) Total amount of funds matched by the public
    university campus.
        (5) Total amount of claimed and unexpended funds
    retained by the public university campus.
        (6) The percentage of total financial aid distributed
    under the Program by the public university campus.
        (7) The total number of students receiving grants from
    the public university campus under the Program and those
    students' grade level, race, gender, income level, family
    size, Monetary Award Program eligibility, Pell Grant
    eligibility, and zip code of residence and the amount of
    each grant award. This information shall include unit
    record data on those students regarding variables
    associated with the parameters of the public university's
    Program, including, but not limited to, a student's ACT or
    SAT college admissions test score, high school or
    university cumulative grade point average, or program of
    study.
    On or before October 1, 2020 and annually on or before
October 1 through 2024, the Commission shall submit a report
with the findings under this subsection (j) and any other
information regarding the AIM HIGH Grant Program to (i) the
Governor, (ii) the Speaker of the House of Representatives,
(iii) the Minority Leader of the House of Representatives,
(iv) the President of the Senate, and (v) the Minority Leader
of the Senate. The reports to the General Assembly shall be
filed with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct. The
Commission's report may not disaggregate data to a level that
may disclose personally identifying information of individual
students.
    The sharing and reporting of student data under this
subsection (j) must be in accordance with the requirements
under the federal Family Educational Rights and Privacy Act of
1974 and the Illinois School Student Records Act. All parties
must preserve the confidentiality of the information as
required by law. The names of the grant recipients under this
Section are not subject to disclosure under the Freedom of
Information Act.
    Public university campuses that fail to submit a report
under this subsection (j) or that fail to adhere to any other
requirements under this Section may not be eligible for
distribution of funds under the Program for the next academic
year, but may be eligible for distribution of funds for each
academic year thereafter.
    (k) The Commission shall adopt rules to implement this
Section.
    (l) (Blank).
(Source: P.A. 103-8, eff. 6-7-23; 103-516, eff. 8-11-23;
revised 9-6-23.)
 
    (110 ILCS 947/67)
    Sec. 67. Illinois DREAM Fund Commission.
    (a) The Illinois Student Assistance Commission shall
establish an Illinois DREAM Fund Commission. The Governor
shall appoint, with the advice and consent of the Senate,
members to the Illinois DREAM Fund Commission, which shall be
comprised of 9 members representing the geographic and ethnic
diversity of this State, including students, college and
university administrators and faculty, and other individuals
committed to advancing the educational opportunities of the
children of immigrants.
    (b) The Illinois DREAM Fund Commission is charged with all
of the following responsibilities:
        (1) Administering this Section and raising funds for
    the Illinois DREAM Fund.
        (2) Establishing a not-for-profit entity charged with
    raising funds for the administration of this Section, any
    educational or training programs the Commission is tasked
    with administering, and funding scholarships to students
    who are the children of immigrants to the United States.
        (3) Publicizing the availability of scholarships from
    the Illinois DREAM Fund.
        (4) Selecting the recipients of scholarships funded
    through the Illinois DREAM Fund.
        (5) Researching issues pertaining to the availability
    of assistance with the costs of higher education for the
    children of immigrants and other issues regarding access
    for and the performance of the children of immigrants
    within higher education.
        (6) Overseeing implementation of the other provisions
    of Public Act 97-233 this amendatory Act of the 97th
    General Assembly.
        (7) Establishing and administering training programs
    for high school counselors and counselors, admissions
    officers, and financial aid officers of public
    institutions of higher education. The training programs
    shall instruct participants on the educational
    opportunities available to college-bound students who are
    the children of immigrants, including, but not limited to,
    in-state tuition and scholarship programs. The Illinois
    DREAM Fund Commission may also establish a public
    awareness campaign regarding educational opportunities
    available to college bound students who are the children
    of immigrants.
    The Illinois DREAM Fund Commission shall establish, by
rule, procedures for accepting and evaluating applications for
scholarships from the children of immigrants and issuing
scholarships to selected student applicants.
    (c) To receive a scholarship under this Section, a student
must meet all of the following qualifications:
        (1) Have resided with his or her parents or guardian
    while attending a public or private high school in this
    State.
        (2) Have graduated from a public or private high
    school or received the equivalent of a high school diploma
    in this State.
        (3) Have attended school in this State for at least 3
    years as of the date he or she graduated from high school
    or received the equivalent of a high school diploma.
        (4) Have at least one parent who immigrated to the
    United States.
    (d) The Illinois Student Assistance Commission shall
establish an Illinois DREAM Fund to provide scholarships under
this Section. The Illinois DREAM Fund shall be funded entirely
from private contributions, gifts, grants, awards, and
proceeds from the scratch-off created in Section 21.16 of the
Illinois Lottery Law.
    (e) The Illinois DREAM Fund Commission shall develop a
comprehensive program, including creation of informational
materials and a marketing plan, to educate people in the State
of Illinois about the purpose and benefits of contributions
made to the Illinois DREAM Fund. The Illinois DREAM Fund
Commission shall develop specific marketing materials for the
voluntary use by persons licensed pursuant to the Transmitters
of Money Act.
(Source: P.A. 103-338, eff. 7-28-23; 103-381, eff. 7-28-23;
revised 9-6-23.)
 
    Section 315. The Illinois Educational Labor Relations Act
is amended by changing Section 2 as follows:
 
    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
    Sec. 2. Definitions. As used in this Act:
    (a) "Educational employer" or "employer" means the
governing body of a public school district, including the
governing body of a charter school established under Article
27A of the School Code or of a contract school or contract
turnaround school established under paragraph 30 of Section
34-18 of the School Code, combination of public school
districts, including the governing body of joint agreements of
any type formed by 2 or more school districts, public
community college district or State college or university, a
subcontractor of instructional services of a school district
(other than a school district organized under Article 34 of
the School Code), combination of school districts, charter
school established under Article 27A of the School Code, or
contract school or contract turnaround school established
under paragraph 30 of Section 34-18 of the School Code, an
Independent Authority created under Section 2-3.25f-5 of the
School Code, and any State agency whose major function is
providing educational services. "Educational employer" or
"employer" does not include (1) a Financial Oversight Panel
created pursuant to Section 1A-8 of the School Code due to a
district violating a financial plan or (2) an approved
nonpublic special education facility that contracts with a
school district or combination of school districts to provide
special education services pursuant to Section 14-7.02 of the
School Code, but does include a School Finance Authority
created under Article 1E of the School Code and a Financial
Oversight Panel created under Article 1B or 1H of the School
Code. The change made by Public Act 96-104 this amendatory Act
of the 96th General Assembly to this paragraph (a) to make
clear that the governing body of a charter school is an
"educational employer" is declaratory of existing law.
    (b) "Educational employee" or "employee" means any
individual, excluding supervisors, managerial, confidential,
short term employees, student, and part-time academic
employees of community colleges employed full or part time by
an educational employer, but shall not include elected
officials and appointees of the Governor with the advice and
consent of the Senate, firefighters as defined by subsection
(g-1) of Section 3 of the Illinois Public Labor Relations Act,
and peace officers employed by a State university. However,
with respect to an educational employer of a school district
organized under Article 34 of the School Code, a supervisor
shall be considered an educational employee under this
definition unless the supervisor is also a managerial
employee. For the purposes of this Act, part-time academic
employees of community colleges shall be defined as those
employees who provide less than 3 credit hours of instruction
per academic semester. In this subsection (b), the term
"student" does not include graduate students who are research
assistants primarily performing duties that involve research,
graduate assistants primarily performing duties that are
pre-professional, graduate students who are teaching
assistants primarily performing duties that involve the
delivery and support of instruction, or any other graduate
assistants.
    (c) "Employee organization" or "labor organization" means
an organization of any kind in which membership includes
educational employees, and which exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, employee-employer disputes, wages, rates of pay,
hours of employment, or conditions of work, but shall not
include any organization which practices discrimination in
membership because of race, color, creed, age, gender,
national origin or political affiliation.
    (d) "Exclusive representative" means the labor
organization which has been designated by the Illinois
Educational Labor Relations Board as the representative of the
majority of educational employees in an appropriate unit, or
recognized by an educational employer prior to January 1, 1984
as the exclusive representative of the employees in an
appropriate unit or, after January 1, 1984, recognized by an
employer upon evidence that the employee organization has been
designated as the exclusive representative by a majority of
the employees in an appropriate unit.
    (e) "Board" means the Illinois Educational Labor Relations
Board.
    (f) "Regional Superintendent" means the regional
superintendent of schools provided for in Articles 3 and 3A of
The School Code.
    (g) "Supervisor" means any individual having authority in
the interests of the employer to hire, transfer, suspend, lay
off, recall, promote, discharge, reward or discipline other
employees within the appropriate bargaining unit and adjust
their grievances, or to effectively recommend such action if
the exercise of such authority is not of a merely routine or
clerical nature but requires the use of independent judgment.
The term "supervisor" includes only those individuals who
devote a preponderance of their employment time to such
exercising authority.
    (h) "Unfair labor practice" or "unfair practice" means any
practice prohibited by Section 14 of this Act.
    (i) "Person" includes an individual, educational employee,
educational employer, legal representative, or employee
organization.
    (j) "Wages" means salaries or other forms of compensation
for services rendered.
    (k) "Professional employee" means, in the case of a public
community college, State college or university, State agency
whose major function is providing educational services, the
Illinois School for the Deaf, and the Illinois School for the
Visually Impaired, (1) any employee engaged in work (i)
predominantly intellectual and varied in character as opposed
to routine mental, manual, mechanical, or physical work; (ii)
involving the consistent exercise of discretion and judgment
in its performance; (iii) of such character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and (iv) requiring
knowledge of an advanced type in a field of science or learning
customarily acquired by a prolonged course of specialized
intellectual instruction and study in an institution of higher
learning or a hospital, as distinguished from a general
academic education or from an apprenticeship or from training
in the performance of routine mental, manual, or physical
processes; or (2) any employee, who (i) has completed the
courses of specialized intellectual instruction and study
described in clause (iv) of paragraph (1) of this subsection,
and (ii) is performing related work under the supervision of a
professional person to qualify himself or herself to become a
professional as defined in paragraph (l).
    (l) "Professional employee" means, in the case of any
public school district, or combination of school districts
pursuant to joint agreement, any employee who has a license
issued under Article 21B of the School Code.
    (m) "Unit" or "bargaining unit" means any group of
employees for which an exclusive representative is selected.
    (n) "Confidential employee" means an employee, who (i) in
the regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine and
effectuate management policies with regard to labor relations
or who (ii) in the regular course of his or her duties has
access to information relating to the effectuation or review
of the employer's collective bargaining policies.
    (o) "Managerial employee" means, with respect to an
educational employer other than an educational employer of a
school district organized under Article 34 of the School Code,
an individual who is engaged predominantly in executive and
management functions and is charged with the responsibility of
directing the effectuation of such management policies and
practices or, with respect to an educational employer of a
school district organized under Article 34 of the School Code,
an individual who has a significant role in the negotiation of
collective bargaining agreements or who formulates and
determines employer-wide management policies and practices.
"Managerial employee" includes a general superintendent of
schools provided for under Section 34-6 of the School Code.
    (p) "Craft employee" means a skilled journeyman, craft
person, and his or her apprentice or helper.
    (q) "Short-term employee" is an employee who is employed
for less than 2 consecutive calendar quarters during a
calendar year and who does not have a reasonable expectation
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year. Nothing in this
subsection shall affect the employee status of individuals who
were covered by a collective bargaining agreement on January
1, 1992 (the effective date of Public Act 87-736) this
amendatory Act of 1991.
    The changes made to this Section by Public Act 102-1138
this amendatory Act of the 102nd General Assembly may not be
construed to void or change the powers and duties given to
local school councils under Section 34-2.3 of the School Code.
(Source: P.A. 101-380, eff. 1-1-20; 102-894, eff. 5-20-22;
102-1071, eff. 6-10-22; 102-1138, eff. 2-10-23; revised
3-2-23.)
 
    Section 320. The Alternative Health Care Delivery Act is
amended by changing Section 35.2 as follows:
 
    (210 ILCS 3/35.2)
    Sec. 35.2. Maternal milk donation education.
    (a) To ensure an adequate supply of pasteurized donor
human milk for premature infants in Illinois, a birth center
with obstetrical service beds shall provide information and
instructional materials to parents of each newborn, upon
discharge from the birth center, regarding the option to
voluntarily donate milk to nonprofit non-profit milk banks
that are accredited by the Human Milk Banking Association of
North America or its successor organization. The materials
shall be provided free of charge and shall include general
information regarding nonprofit non-profit milk banking
practices and contact information for area nonprofit milk
banks that are accredited by the Human Milk Banking
Association of North America.
    (b) The information and instructional materials described
in subsection (a) may be provided electronically.
    (c) Nothing in this Section prohibits a birth center from
obtaining free and suitable information on voluntary milk
donation from the Human Milk Banking Association of North
America, or its successor organization, or its accredited
members.
(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
 
    Section 325. The Life Care Facilities Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 10.3 as follows:
 
    (210 ILCS 40/10.3)
    Sec. 10.3. Posting of Long Term Care Ombudsman Program
information.
    (a) Except as provided under subsection (b), all licensed
facilities shall post on the home page of the facility's
website the following:
        (1) The Long Term Care Ombudsman Program's statewide
    toll-free telephone number.
        (2) A link to the Long Term Care Ombudsman Program's
    website.
    (b) A facility:
        (1) may comply with this Section by posting the
    required information on the website of the facility's
    parent company if the facility does not maintain a unique
    website;
        (2) is not required to comply with this Section if the
    facility and any parent company do not maintain a website;
    and
        (3) is not required to comply with this Section in
    instances where the parent company operates in multiple
    states and the facility does not maintain a unique
    website.
(Source: P.A. 103-119, eff. 1-1-24; revised 12-22-23.)
 
    (210 ILCS 40/10.4)
    Sec. 10.4 10.3. Provision of at-home continuing care.
    (a) The Department shall adopt rules that:
        (1) establish standards for providers of at-home
    continuing care;
        (2) provide for the certification and registration of
    providers of at-home continuing care and the annual
    renewal of certificates of registration;
        (3) provide for and encourage the establishment of
    at-home continuing care programs;
        (4) set minimum requirements for any individual who is
    employed by or under contract with a provider of at-home
    continuing care and who will enter a provider of at-home
    continuing care's subscriber's home to provide at-home
    continuing care services, including requirements for
    criminal background checks of such an individual who will
    have routine, direct access to a subscriber;
        (5) establish standards for the renewal of
    certificates of registration for providers of at-home
    continuing care;
        (6) establish standards for the number of executed
    agreements necessary to begin operation as a provider of
    at-home continuing care;
        (7) establish standards for when and how a provider of
    at-home continuing care or a subscriber may rescind an
    at-home continuing care agreement before at-home
    continuing care services are provided to the subscriber;
        (8) allow a subscriber to rescind an agreement for
    at-home continuing care services at any time if the terms
    of the agreement violate this Section;
        (9) establish that a provider may terminate an
    agreement to provide at-home continuing care services or
    discharge a subscriber only for just cause; and
        (10) establish procedures to carry out a termination
    or discharge under paragraph (9).
    (b) The Department shall certify and register a person as
a provider of at-home continuing care services under this
Section if the Department determines that:
        (1) a reasonable financial plan has been developed to
    provide at-home continuing care services, including a plan
    for the number of agreements to be executed before
    beginning operation;
        (2) a market for the at-home continuing care program
    exists;
        (3) the provider has submitted all proposed
    advertisements, advertising campaigns, and other
    promotional materials for the program;
        (4) the form and substance of all advertisements,
    advertising campaigns, and other promotional materials
    submitted are not deceptive, misleading, or likely to
    mislead; and
        (5) an actuarial forecast supports the market for the
    program.
    (c) A provider may not enter into an agreement to provide
at-home continuing care services until the Department issues a
preliminary certificate of registration to the provider. An
application for a preliminary certificate of registration
shall:
        (1) be filed in a form determined by the Department by
    rule; and
        (2) include:
            (A) a copy of the proposed at-home continuing care
        agreement; and
            (B) the form and substance of any proposed
        advertisements, advertising campaigns, or other
        promotional materials for the program that are is
        available at the time of filing the application and
        that have has not been filed previously with the
        Department.
    (d) The Department shall issue a preliminary certificate
of registration to a provider under subsection (c) if the
Department determines that:
        (1) the proposed at-home continuing care agreement is
    satisfactory;
        (2) the provider has submitted all proposed
    advertisements, advertising campaigns, and other
    promotional materials for the program; and
        (3) the form and substance of all advertisements,
    advertising campaigns, and other promotional materials
    submitted are not deceptive, misleading, or likely to
    mislead.
    (e) A person may not provide at-home continuing care
services until the Department issues a certificate of
registration to the person. An application for a certificate
of registration shall:
        (1) be filed in a form determined by the Department by
    rule; and
        (2) include:
            (A) verification that the required number of
        agreements has been executed;
            (B) the form and substance of any proposed
        advertisements, advertising campaigns, or other
        promotional materials for the program that are
        available at the time of filing and that have not been
        filed previously with the Department; and
            (C) verification that any other license or
        certificate required by other appropriate State units
        has been issued to the provider.
    (f) The Department shall issue a certificate of
registration to a provider under subsection (e) if the
Department determines that:
        (1) the information and documents submitted and
    application for a preliminary certificate of registration
    are current and accurate or have been updated to make them
    accurate;
        (2) the required agreements have been executed;
        (3) any other license or certificate required by other
    appropriate State units has been issued to the provider;
        (4) the provider has submitted all proposed
    advertisements, advertising campaigns, and other
    promotional materials for the program; and
        (5) the material submitted is not an advertisement,
    advertising campaign, or other promotional material that
    is deceptive, misleading, or likely to mislead.
    If a provider intends to advertise before the Department
issues a certificate of registration, the provider shall
submit to the Department any advertisement, advertising
campaign, or other promotional material materials before using
it.
    (g) Every 2 years, within 120 days after the end of a
provider's fiscal year, a provider shall file an application
for a renewal certificate of registration with the Department.
The application shall:
            (A) be filed in a form determined by the
        Department by rule; and
            (B) contain any reasonable and pertinent
        information that the Department requires.
    (h) The Department shall issue a renewal certificate of
registration under subsection (g) if the Department determines
that:
        (1) all required documents have been filed and are
    satisfactory;
        (2) any revised agreements for at-home continuing care
    services meet the Department's requirements;
        (3) the provider has submitted all proposed
    advertisements, advertising campaigns, and other
    promotional materials for the program; and
        (4) the form and substance of all advertisements,
    advertising campaigns, and other promotional materials
    submitted are not deceptive, misleading, or likely to
    mislead.
    (i) The Department may deny, suspend, or revoke a
preliminary, initial, or renewal certificate of registration
under this Section for cause. The Department shall set forth
in writing its reasons for a denial, suspension, or
revocation. A provider may appeal a denial in writing. Grounds
for a denial, suspension, or revocation include, but are not
limited to:
        (1) violation of this Section;
        (2) violation of a rule adopted by the Department
    under this Section;
        (3) misrepresentation; or
        (4) submission of false information.
(Source: P.A. 103-332, eff. 1-1-24; revised 1-2-24.)
 
    Section 330. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.55 and 3.116 as follows:
 
    (210 ILCS 50/3.55)
    Sec. 3.55. Scope of practice.
    (a) Any person currently licensed as an EMR, EMT, EMT-I,
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency
and non-emergency medical services as defined in this Act, in
accordance with his or her level of education, training and
licensure, the standards of performance and conduct prescribed
by the Department in rules adopted pursuant to this Act, and
the requirements of the EMS System in which he or she
practices, as contained in the approved Program Plan for that
System. The Director may, by written order, temporarily modify
individual scopes of practice in response to public health
emergencies for periods not exceeding 180 days.
    (a-5) EMS personnel who have successfully completed a
Department approved course in automated defibrillator
operation and who are functioning within a Department approved
EMS System may utilize such automated defibrillator according
to the standards of performance and conduct prescribed by the
Department in rules adopted pursuant to this Act and the
requirements of the EMS System in which they practice, as
contained in the approved Program Plan for that System.
    (a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
Paramedic who has successfully completed a Department approved
course in the administration of epinephrine shall be required
to carry epinephrine with him or her as part of the EMS
personnel medical supplies whenever he or she is performing
official duties as determined by the EMS System. The
epinephrine may be administered from a glass vial,
auto-injector, ampule, or pre-filled syringe.
    (b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or
Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN,
PHAPRN, PHPA, or Paramedic license in pre-hospital or
inter-hospital emergency care settings or non-emergency
medical transport situations, under the written or verbal
direction of the EMS Medical Director. For purposes of this
Section, a "pre-hospital emergency care setting" may include a
location, that is not a health care facility, which utilizes
EMS personnel to render pre-hospital emergency care prior to
the arrival of a transport vehicle. The location shall include
communication equipment and all of the portable equipment and
drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or
Paramedic's level of care, as required by this Act, rules
adopted by the Department pursuant to this Act, and the
protocols of the EMS Systems, and shall operate only with the
approval and under the direction of the EMS Medical Director.
    This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT,
PHRN, PHAPRN, PHPA, or Paramedic from practicing within an
emergency department or other health care setting for the
purpose of receiving continuing education or training approved
by the EMS Medical Director. This Section shall also not
prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
Paramedic from seeking credentials other than his or her EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and
utilizing such credentials to work in emergency departments or
other health care settings under the jurisdiction of that
employer.
    (c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
may honor Do Not Resuscitate (DNR) orders and powers of
attorney for health care only in accordance with rules adopted
by the Department pursuant to this Act and protocols of the EMS
System in which he or she practices.
    (d) A student enrolled in a Department approved EMS
personnel program, while fulfilling the clinical training and
in-field supervised experience requirements mandated for
licensure or approval by the System and the Department, may
perform prescribed procedures under the direct supervision of
a physician licensed to practice medicine in all of its
branches, a qualified registered professional nurse, or
qualified EMS personnel, only when authorized by the EMS
Medical Director.
    (e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
Paramedic may transport a police dog injured in the line of
duty to a veterinary clinic or similar facility if there are no
persons requiring medical attention or transport at that time.
For the purposes of this subsection, "police dog" means a dog
owned or used by a law enforcement department or agency in the
course of the department or agency's work, including a search
and rescue dog, service dog, accelerant detection canine, or
other dog that is in use by a county, municipal, or State law
enforcement agency.
    (f) Nothing in this Act shall be construed to prohibit an
EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an
initial Occupational Safety and Health Administration
Respirator Medical Evaluation Questionnaire on behalf of fire
service personnel, as permitted by his or her EMS System
Medical Director.
    (g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA
shall be eligible to work for another EMS System for a period
not to exceed 2 weeks if the individual is under the direct
supervision of another licensed individual operating at the
same or higher level as the EMT, EMT-I, A-EMT, Paramedic,
PHRN, PHAPRN, or PHPA; obtained approval in writing from the
EMS System's Medical Director; and tests into the EMS System
based upon appropriate standards as outlined in the EMS System
Program Plan. The EMS System within which the EMT, EMT-I,
A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join
must make all required testing available to the EMT, EMT-I,
A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after
the written request. Failure to do so by the EMS System shall
allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA
to continue working for another EMS System until all required
testing becomes available.
    (h) (g) A member of a fire department's or fire protection
district's collective bargaining unit shall be eligible to
work under a silver spanner program for another EMS System's
fire department or fire protection district that is not the
full-time employer of that member, for a period not to exceed 2
weeks, if the member: (1) is under the direct supervision of
another licensed individual operating at the same or higher
licensure level as the member; (2) made a written request to
the EMS System's Medical Director for approval to work under
the silver spanner program, which shall be approved or denied
within 24 hours after the EMS System's Medical Director
received the request; and (3) tests into the EMS System based
upon appropriate standards as outlined in the EMS System
Program Plan. The EMS System within which the member is
seeking to join must make all required testing available to
the member within 2 weeks of the written request. Failure to do
so by the EMS System shall allow the member to continue working
under a silver spanner program until all required testing
becomes available.
(Source: P.A. 102-79, eff. 1-1-22; 103-521, eff. 1-1-24;
103-547, eff. 8-11-23; revised 8-30-23.)
 
    (210 ILCS 50/3.116)
    Sec. 3.116. Hospital Stroke Care; definitions. As used in
Sections 3.116 through 3.119, 3.130, and 3.200 of this Act:
    "Acute Stroke-Ready Hospital" means a hospital that has
been designated by the Department as meeting the criteria for
providing emergent stroke care. Designation may be provided
after a hospital has been certified or through application and
designation as such.
    "Certification" or "certified" means certification, using
evidence-based standards, from a nationally recognized
certifying body approved by the Department.
    "Comprehensive Stroke Center" means a hospital that has
been certified and has been designated as such.
    "Designation" or "designated" means the Department's
recognition of a hospital as a Comprehensive Stroke Center,
Primary Stroke Center, or Acute Stroke-Ready Hospital.
    "Emergent stroke care" is emergency medical care that
includes diagnosis and emergency medical treatment of acute
stroke patients.
    "Emergent Stroke Ready Hospital" means a hospital that has
been designated by the Department as meeting the criteria for
providing emergent stroke care.
    "Primary Stroke Center" means a hospital that has been
certified by a Department-approved, nationally recognized
certifying body and designated as such by the Department.
    "Primary Stroke Center Plus" means a hospital that has
been certified by a Department-approved, nationally recognized
certifying body and designated as such by the Department.
    "Regional Stroke Advisory Subcommittee" means a
subcommittee formed within each Regional EMS Advisory
Committee to advise the Director and the Region's EMS Medical
Directors Committee on the triage, treatment, and transport of
possible acute stroke patients and to select the Region's
representative to the State Stroke Advisory Subcommittee. At
minimum, the Regional Stroke Advisory Subcommittee shall
consist of: one representative from the EMS Medical Directors
Committee; one EMS coordinator from a Resource Hospital; one
administrative representative or his or her designee from each
level of stroke care, including Comprehensive Stroke Centers
within the Region, if any, Thrombectomy Capable Stroke Centers
within the Region, if any, Thrombectomy Ready Stroke Centers
within the Region, if any, Primary Stroke Centers Plus within
the Region, if any, Primary Stroke Centers within the Region,
if any, and Acute Stroke-Ready Hospitals within the Region, if
any; one physician from each level of stroke care, including
one physician who is a neurologist or who provides advanced
stroke care at a Comprehensive Stroke Center in the Region, if
any, one physician who is a neurologist or who provides acute
stroke care at a Thrombectomy Capable Stroke Center within the
Region, if any, a Thrombectomy Ready Stroke Center within the
Region, if any, or a Primary Stroke Center Plus in the Region,
if any, one physician who is a neurologist or who provides
acute stroke care at a Primary Stroke Center in the Region, if
any, and one physician who provides acute stroke care at an
Acute Stroke-Ready Hospital in the Region, if any; one nurse
practicing in each level of stroke care, including one nurse
from a Comprehensive Stroke Center in the Region, if any, one
nurse from a Thrombectomy Capable Stroke Center, if any, a
Thrombectomy Ready Stroke Center within the Region, if any, or
a Primary Stroke Center Plus in the Region, if any, one nurse
from a Primary Stroke Center in the Region, if any, and one
nurse from an Acute Stroke-Ready Hospital in the Region, if
any; one representative from both a public and a private
vehicle service provider that transports possible acute stroke
patients within the Region; the State-designated regional EMS
Coordinator; and a fire chief or his or her designee from the
EMS Region, if the Region serves a population of more than
2,000,000. The Regional Stroke Advisory Subcommittee shall
establish bylaws to ensure equal membership that rotates and
clearly delineates committee responsibilities and structure.
Of the members first appointed, one-third shall be appointed
for a term of one year, one-third shall be appointed for a term
of 2 years, and the remaining members shall be appointed for a
term of 3 years. The terms of subsequent appointees shall be 3
years.
    "State Stroke Advisory Subcommittee" means a standing
advisory body within the State Emergency Medical Services
Advisory Council.
    "Thrombectomy Capable Stroke Center" means a hospital that
has been certified by a Department-approved, nationally
recognized certifying body and designated as such by the
Department.
    "Thrombectomy Ready Stroke Center" means a hospital that
has been certified by a Department-approved, nationally
recognized certifying body and designated as such by the
Department.
(Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24;
103-363, eff. 7-28-23; revised 12-12-23.)
 
    Section 335. The Hospital Licensing Act is amended by
changing Sections 10.10 and 11.9 as follows:
 
    (210 ILCS 85/10.10)
    Sec. 10.10. Nurse staffing by patient acuity.
    (a) Findings. The Legislature finds and declares all of
the following:
        (1) The State of Illinois has a substantial interest
    in promoting quality care and improving the delivery of
    health care services.
        (2) Evidence-based studies have shown that the basic
    principles of staffing in the acute care setting should be
    based on the complexity of patients' care needs aligned
    with available nursing skills to promote quality patient
    care consistent with professional nursing standards.
        (3) Compliance with this Section promotes an
    organizational climate that values registered nurses'
    input in meeting the health care needs of hospital
    patients.
    (b) Definitions. As used in this Section:
    "Acuity model" means an assessment tool selected and
implemented by a hospital, as recommended by a nursing care
committee, that assesses the complexity of patient care needs
requiring professional nursing care and skills and aligns
patient care needs and nursing skills consistent with
professional nursing standards.
    "Department" means the Department of Public Health.
    "Direct patient care" means care provided by a registered
professional nurse with direct responsibility to oversee or
carry out medical regimens or nursing care for one or more
patients.
    "Nursing care committee" means a hospital-wide committee
or committees of nurses whose functions, in part or in whole,
contribute to the development, recommendation, and review of
the hospital's nurse staffing plan established pursuant to
subsection (d).
    "Registered professional nurse" means a person licensed as
a Registered Nurse under the Nurse Practice Act.
    "Written staffing plan for nursing care services" means a
written plan for the assignment of patient care nursing staff
based on multiple nurse and patient considerations that yield
minimum staffing levels for inpatient care units and the
adopted acuity model aligning patient care needs with nursing
skills required for quality patient care consistent with
professional nursing standards.
    (c) Written staffing plan.
        (1) Every hospital shall implement a written
    hospital-wide staffing plan, prepared by a nursing care
    committee or committees, that provides for minimum direct
    care professional registered nurse-to-patient staffing
    needs for each inpatient care unit, including inpatient
    emergency departments. If the staffing plan prepared by
    the nursing care committee is not adopted by the hospital,
    or if substantial changes are proposed to it, the chief
    nursing officer shall either: (i) provide a written
    explanation to the committee of the reasons the plan was
    not adopted; or (ii) provide a written explanation of any
    substantial changes made to the proposed plan prior to it
    being adopted by the hospital. The written hospital-wide
    staffing plan shall include, but need not be limited to,
    the following considerations:
            (A) The complexity of complete care, assessment on
        patient admission, volume of patient admissions,
        discharges and transfers, evaluation of the progress
        of a patient's problems, ongoing physical assessments,
        planning for a patient's discharge, assessment after a
        change in patient condition, and assessment of the
        need for patient referrals.
            (B) The complexity of clinical professional
        nursing judgment needed to design and implement a
        patient's nursing care plan, the need for specialized
        equipment and technology, the skill mix of other
        personnel providing or supporting direct patient care,
        and involvement in quality improvement activities,
        professional preparation, and experience.
            (C) Patient acuity and the number of patients for
        whom care is being provided.
            (D) The ongoing assessments of a unit's patient
        acuity levels and nursing staff needed shall be
        routinely made by the unit nurse manager or his or her
        designee.
            (E) The identification of additional registered
        nurses available for direct patient care when
        patients' unexpected needs exceed the planned workload
        for direct care staff.
        (2) In order to provide staffing flexibility to meet
    patient needs, every hospital shall identify an acuity
    model for adjusting the staffing plan for each inpatient
    care unit.
        (2.5) Each hospital shall implement the staffing plan
    and assign nursing personnel to each inpatient care unit,
    including inpatient emergency departments, in accordance
    with the staffing plan.
            (A) A registered nurse may report to the nursing
        care committee any variations where the nurse
        personnel assignment in an inpatient care unit is not
        in accordance with the adopted staffing plan and may
        make a written report to the nursing care committee
        based on the variations.
            (B) Shift-to-shift adjustments in staffing levels
        required by the staffing plan may be made by the
        appropriate hospital personnel overseeing inpatient
        care operations. If a registered nurse in an inpatient
        care unit objects to a shift-to-shift adjustment, the
        registered nurse may submit a written report to the
        nursing care committee.
            (C) The nursing care committee shall develop a
        process to examine and respond to written reports
        submitted under subparagraphs (A) and (B) of this
        paragraph (2.5), including the ability to determine if
        a specific written report is resolved or should be
        dismissed.
        (3) The written staffing plan shall be posted, either
    by physical or electronic means, in a conspicuous and
    accessible location for both patients and direct care
    staff, as required under the Hospital Report Card Act. A
    copy of the written staffing plan shall be provided to any
    member of the general public upon request.
    (d) Nursing care committee.
        (1) Every hospital shall have a nursing care committee
    that meets at least 6 times per year. A hospital shall
    appoint members of a committee whereby at least 55% of the
    members are registered professional nurses providing
    direct inpatient care, one of whom shall be selected
    annually by the direct inpatient care nurses to serve as
    co-chair of the committee.
        (2) (Blank).
        (2.5) A nursing care committee shall prepare and
    recommend to hospital administration the hospital's
    written hospital-wide staffing plan. If the staffing plan
    is not adopted by the hospital, the chief nursing officer
    shall provide a written statement to the committee prior
    to a staffing plan being adopted by the hospital that: (A)
    explains the reasons the committee's proposed staffing
    plan was not adopted; and (B) describes the changes to the
    committee's proposed staffing or any alternative to the
    committee's proposed staffing plan.
        (3) A nursing care committee's or committees' written
    staffing plan for the hospital shall be based on the
    principles from the staffing components set forth in
    subsection (c). In particular, a committee or committees
    shall provide input and feedback on the following:
            (A) Selection, implementation, and evaluation of
        minimum staffing levels for inpatient care units.
            (B) Selection, implementation, and evaluation of
        an acuity model to provide staffing flexibility that
        aligns changing patient acuity with nursing skills
        required.
            (C) Selection, implementation, and evaluation of a
        written staffing plan incorporating the items
        described in subdivisions (c)(1) and (c)(2) of this
        Section.
            (D) Review the nurse staffing plans for all
        inpatient areas and current acuity tools and measures
        in use. The nursing care committee's review shall
        consider:
                (i) patient outcomes;
                (ii) complaints regarding staffing, including
            complaints about a delay in direct care nursing or
            an absence of direct care nursing;
                (iii) the number of hours of nursing care
            provided through an inpatient hospital unit
            compared with the number of inpatients served by
            the hospital unit during a 24-hour period;
                (iv) the aggregate hours of overtime worked by
            the nursing staff;
                (v) the extent to which actual nurse staffing
            for each hospital inpatient unit differs from the
            staffing specified by the staffing plan; and
                (vi) any other matter or change to the
            staffing plan determined by the committee to
            ensure that the hospital is staffed to meet the
            health care needs of patients.
        (4) A nursing care committee must issue a written
    report addressing the items described in subparagraphs (A)
    through (D) of paragraph (3) semi-annually. A written copy
    of this report shall be made available to direct inpatient
    care nurses by making available a paper copy of the
    report, distributing it electronically, or posting it on
    the hospital's website.
        (5) A nursing care committee must issue a written
    report at least annually to the hospital governing board
    that addresses items including, but not limited to: the
    items described in paragraph (3); changes made based on
    committee recommendations and the impact of such changes;
    and recommendations for future changes related to nurse
    staffing.
        (6) A nursing care committee must annually notify the
    hospital nursing staff of the staff's rights under this
    Section. The annual notice must provide a phone number and
    an email address for staff to report noncompliance with
    the nursing staff's rights as described in this Section.
    The notice must be provided by email or by regular mail in
    a manner that effectively facilitates receipt of the
    notice. The Department shall monitor and enforce the
    requirements of this paragraph (6).
    (e) Nothing in this Section 10.10 shall be construed to
limit, alter, or modify any of the terms, conditions, or
provisions of a collective bargaining agreement entered into
by the hospital.
    (f) No hospital may discipline, discharge, or take any
other adverse employment action against an employee solely
because the employee expresses a concern or complaint
regarding an alleged violation of this Section or concerns
related to nurse staffing.
    (g) Any employee of a hospital may file a complaint with
the Department regarding an alleged violation of this Section.
The Department must forward notification of the alleged
violation to the hospital in question within 10 business days
after the complaint is filed. Upon receiving a complaint of a
violation of this Section, the Department may take any action
authorized under Section Sections 7 or 9 of this Act.
(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21;
102-813, eff. 5-13-22; 103-211, eff. 1-1-24; revised 1-2-24.)
 
    (210 ILCS 85/11.9)
    Sec. 11.9. Maternal milk donation education.
    (a) To ensure an adequate supply of pasteurized donor
human milk for premature infants in Illinois, a hospital with
licensed obstetric beds shall provide information and
instructional materials to parents of each newborn, upon
discharge from the hospital, regarding the option to
voluntarily donate milk to nonprofit non-profit milk banks
that are accredited by the Human Milk Banking Association of
North America or its successor organization. The materials
shall be provided free of charge and shall include general
information regarding nonprofit non-profit milk banking
practices and contact information for area nonprofit milk
banks that are accredited by the Human Milk Banking
Association of North America.
    (b) The information and instructional materials described
in subsection (a) may be provided electronically.
    (c) Nothing in this Section prohibits a hospital from
obtaining free and suitable information on voluntary milk
donation from the Human Milk Banking Association of North
America, or its successor organization, or its accredited
members.
(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
 
    Section 340. The Hospital Uninsured Patient Discount Act
is amended by changing Section 15 as follows:
 
    (210 ILCS 89/15)
    Sec. 15. Patient responsibility.
    (a) Hospitals may make the availability of a discount and
the maximum collectible amount under this Act contingent upon
the uninsured patient first applying for coverage under public
health insurance programs, such as Medicare, Medicaid,
AllKids, the State Children's Health Insurance Program, the
Health Benefits for Immigrants program, or any other program,
if there is a reasonable basis to believe that the uninsured
patient may be eligible for such program. If the patient
declines to apply for a public health insurance program on the
basis of concern for immigration-related consequences, the
hospital may refer the patient to a free, unbiased resource,
such as an Immigrant Family Resource Program, to address the
patient's immigration-related concerns and assist in enrolling
the patient in a public health insurance program. The hospital
may still screen the patient for eligibility under its
financial assistance policy.
    (b) Hospitals shall permit an uninsured patient to apply
for a discount within 90 days of the date of discharge, date of
service, completion of the screening under the Fair Patient
Billing Act, or denial of an application for a public health
insurance program.
    Hospitals shall offer uninsured patients who receive
community-based primary care provided by a community health
center or a free and charitable clinic, are referred by such an
entity to the hospital, and seek access to nonemergency
hospital-based health care services with an opportunity to be
screened for and assistance with applying for public health
insurance programs if there is a reasonable basis to believe
that the uninsured patient may be eligible for a public health
insurance program. An uninsured patient who receives
community-based primary care provided by a community health
center or free and charitable clinic and is referred by such an
entity to the hospital for whom there is not a reasonable basis
to believe that the uninsured patient may be eligible for a
public health insurance program shall be given the opportunity
to apply for hospital financial assistance when hospital
services are scheduled.
        (1) Income verification. Hospitals may require an
    uninsured patient who is requesting an uninsured discount
    to provide documentation of family income. Acceptable
    family income documentation shall include any one of the
    following:
            (A) a copy of the most recent tax return;
            (B) a copy of the most recent W-2 form and 1099
        forms;
            (C) copies of the 2 most recent pay stubs;
            (D) written income verification from an employer
        if paid in cash; or
            (E) one other reasonable form of third-party third
        party income verification deemed acceptable to the
        hospital.
        (2) Asset verification. Hospitals may require an
    uninsured patient who is requesting an uninsured discount
    to certify the existence or absence of assets owned by the
    patient and to provide documentation of the value of such
    assets, except for those assets referenced in paragraph
    (4) of subsection (c) of Section 10. Acceptable
    documentation may include statements from financial
    institutions or some other third-party third party
    verification of an asset's value. If no third-party third
    party verification exists, then the patient shall certify
    as to the estimated value of the asset.
        (3) Illinois resident verification. Hospitals may
    require an uninsured patient who is requesting an
    uninsured discount to verify Illinois residency.
    Acceptable verification of Illinois residency shall
    include any one of the following:
            (A) any of the documents listed in paragraph (1);
            (B) a valid state-issued identification card;
            (C) a recent residential utility bill;
            (D) a lease agreement;
            (E) a vehicle registration card;
            (F) a voter registration card;
            (G) mail addressed to the uninsured patient at an
        Illinois address from a government or other credible
        source;
            (H) a statement from a family member of the
        uninsured patient who resides at the same address and
        presents verification of residency;
            (I) a letter from a homeless shelter, transitional
        house or other similar facility verifying that the
        uninsured patient resides at the facility; or
            (J) a temporary visitor's drivers license.
    (c) Hospital obligations toward an individual uninsured
patient under this Act shall cease if that patient
unreasonably fails or refuses to provide the hospital with
information or documentation requested under subsection (b) or
to apply for coverage under public programs when requested
under subsection (a) within 30 days of the hospital's request.
    (d) In order for a hospital to determine the 12 month
maximum amount that can be collected from a patient deemed
eligible under Section 10, an uninsured patient shall inform
the hospital in subsequent inpatient admissions or outpatient
encounters that the patient has previously received health
care services from that hospital and was determined to be
entitled to the uninsured discount.
    (e) Hospitals may require patients to certify that all of
the information provided in the application is true. The
application may state that if any of the information is
untrue, any discount granted to the patient is forfeited and
the patient is responsible for payment of the hospital's full
charges.
    (f) Hospitals shall ask for an applicant's race,
ethnicity, sex, and preferred language on the financial
assistance application. However, the questions shall be
clearly marked as optional responses for the patient and shall
note that responses or nonresponses by the patient will not
have any impact on the outcome of the application.
(Source: P.A. 102-581, eff. 1-1-22; 103-323, eff. 1-1-24;
103-492, eff. 1-1-24; revised 9-7-23.)
 
    Section 345. The Birth Center Licensing Act is amended by
changing Section 46 as follows:
 
    (210 ILCS 170/46)
    Sec. 46. Maternal milk donation education.
    (a) To ensure an adequate supply of pasteurized donor
human milk for premature infants in Illinois, a birth center
with obstetrical service beds shall provide information and
instructional materials to parents of each newborn, upon
discharge from the birth center, regarding the option to
voluntarily donate milk to nonprofit non-profit milk banks
that are accredited by the Human Milk Banking Association of
North America or its successor organization. The materials
shall be provided free of charge and shall include general
information regarding nonprofit non-profit milk banking
practices and contact information for area nonprofit milk
banks that are accredited by the Human Milk Banking
Association of North America.
    (b) The information and instructional materials described
in subsection (a) may be provided electronically.
    (c) Nothing in this Section prohibits a birth center from
obtaining free and suitable information on voluntary milk
donation from the Human Milk Banking Association of North
America, or its successor organization, or its accredited
members.
(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
 
    Section 350. The Illinois Insurance Code is amended by
setting forth, renumbering, and changing multiple versions of
Section 356z.61 and by changing Section 370c.1 as follows:
 
    (215 ILCS 5/356z.61)
    Sec. 356z.61. Coverage for liver disease screening. A
group or individual policy of accident and health insurance or
a managed care plan that is amended, delivered, issued, or
renewed on or after January 1, 2025 shall provide coverage for
preventative liver disease screenings for individuals 35 years
of age or older and under the age of 65 at high risk for liver
disease, including liver ultrasounds and alpha-fetoprotein
blood tests every 6 months, without imposing a deductible,
coinsurance, copayment, or any other cost-sharing requirement
on the coverage provided; except that this Section does not
apply to coverage of liver disease screenings to the extent
such coverage would disqualify a high-deductible health plan
from eligibility for a health savings account pursuant to
Section 223 of the Internal Revenue Code.
(Source: P.A. 103-84, eff. 1-1-24.)
 
    (215 ILCS 5/356z.63)
    Sec. 356z.63 356z.61. Coverage of pharmacy testing,
screening, vaccinations, and treatment. A group or individual
policy of accident and health insurance or a managed care plan
that is amended, delivered, issued, or renewed on or after
January 1, 2025 shall provide coverage for health care or
patient care services provided by a pharmacist if:
        (1) the pharmacist meets the requirements and scope of
    practice described in paragraph (15), (16), or (17) of
    subsection (d) of Section 3 of the Pharmacy Practice Act;
        (2) the health plan provides coverage for the same
    service provided by a licensed physician, an advanced
    practice registered nurse, or a physician assistant;
        (3) the pharmacist is included in the health benefit
    plan's network of participating providers; and
        (4) reimbursement has been successfully negotiated in
    good faith between the pharmacist and the health plan.
(Source: P.A. 103-1, eff. 4-27-23; revised 8-29-23.)
 
    (215 ILCS 5/356z.64)
    Sec. 356z.64 356z.61. Coverage for compression sleeves. A
group or individual policy of accident and health insurance or
a managed care plan that is amended, delivered, issued, or
renewed on or after January 1, 2025 shall provide coverage for
compression sleeves that are is medically necessary for the
enrollee to prevent or mitigate lymphedema.
(Source: P.A. 103-91, eff. 1-1-24; revised 8-29-23.)
 
    (215 ILCS 5/356z.65)
    Sec. 356z.65 356z.61. Coverage for reconstructive
services.
    (a) As used in this Section, "reconstructive services"
means treatments performed on structures of the body damaged
by trauma to restore physical appearance.
    (b) A group or individual policy of accident and health
insurance or a managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2025 may not deny
coverage for medically necessary reconstructive services that
are intended to restore physical appearance.
(Source: P.A. 103-123, eff. 1-1-24; revised 8-29-23.)
 
    (215 ILCS 5/356z.66)
    Sec. 356z.66 356z.61. Proton beam therapy.
    (a) As used in this Section:
    "Medically necessary" has the meaning given to that term
in the Prior Authorization Reform Act.
    "Proton beam therapy" means a type of radiation therapy
treatment that utilizes protons as the radiation delivery
method for the treatment of tumors and cancerous cells.
    "Radiation therapy treatment" means the delivery of
biological effective doses with proton therapy, intensity
modulated radiation therapy, brachytherapy, stereotactic body
radiation therapy, three-dimensional conformal radiation
therapy, or other forms of therapy using radiation.
    (b) A group or individual policy of accident and health
insurance or managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2025 that provides
coverage for the treatment of cancer shall not apply a higher
standard of clinical evidence for the coverage of proton beam
therapy than the insurer applies for the coverage of any other
form of radiation therapy treatment.
    (c) A group or individual policy of accident and health
insurance or managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2025 that provides
coverage or benefits to any resident of this State for
radiation oncology shall include coverage or benefits for
medically necessary proton beam therapy for the treatment of
cancer.
(Source: P.A. 103-325, eff. 1-1-24; revised 8-29-23.)
 
    (215 ILCS 5/356z.67)
    Sec. 356z.67 356z.61. Coverage of prescription estrogen.
    (a) A group or individual policy of accident and health
insurance or a managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2025 and that
provides coverage for prescription drugs shall include
coverage for one or more therapeutic equivalent versions of
vaginal estrogen in its formulary.
    (b) If a particular vaginal estrogen product or its
therapeutic equivalent version approved by the United States
Food and Drug Administration is determined to be medically
necessary, the issuer must cover that service or item pursuant
to the cost-sharing requirement contained in subsection (c).
    (c) A policy subject to this Section shall not impose a
deductible, copayment, or any other cost sharing requirement
that exceeds any deductible, coinsurance, copayment, or any
other cost-sharing requirement imposed on any prescription
drug authorized for the treatment of erectile dysfunction
covered by the policy; except that this subsection does not
apply to coverage of vaginal estrogen to the extent such
coverage would disqualify a high-deductible health plan from
eligibility for a health savings account pursuant to Section
223 of the Internal Revenue Code.
    (d) As used in this Section, "therapeutic equivalent
version" has the meaning given to that term in paragraph (2) of
subsection (a) of Section 356z.4.
(Source: P.A. 103-420, eff. 1-1-24; revised 8-29-23.)
 
    (215 ILCS 5/356z.68)
    Sec. 356z.68 356z.61. Home saliva cancer screening.
    (a) As used in this Section, "home saliva cancer
screening" means an outpatient test that utilizes an
individual's saliva to detect biomarkers for early-stage
cancer.
    (b) An individual or group policy of accident and health
insurance that is amended, delivered, issued, or renewed on or
after January 1, 2025 shall cover a medically necessary home
saliva cancer screening every 24 months if the patient:
        (1) is asymptomatic and at high risk for the disease
    being tested for; or
        (2) demonstrates symptoms of the disease being tested
    for at a physical exam.
(Source: P.A. 103-445, eff. 1-1-24; revised 8-29-23.)
 
    (215 ILCS 5/356z.69)
    Sec. 356z.69 356z.61. Coverage for children with
neuromuscular, neurological, or cognitive impairment. A group
or individual policy of accident and health insurance amended,
delivered, issued, or renewed on or after January 1, 2025
shall provide coverage for therapy, diagnostic testing, and
equipment necessary to increase quality of life for children
who have been clinically or genetically diagnosed with any
disease, syndrome, or disorder that includes low tone
neuromuscular impairment, neurological impairment, or
cognitive impairment.
(Source: P.A. 103-458, eff. 1-1-24; revised 8-29-23.)
 
    (215 ILCS 5/356z.70)
    Sec. 356z.70 356z.61. Coverage of no-cost mental health
prevention and wellness visits.
    (a) A group or individual policy of accident and health
insurance or managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2025 shall provide
coverage for one annual mental health prevention and wellness
visit for children and for adults.
    (b) Mental health prevention and wellness visits shall
include any age-appropriate screening recommended by the
United States Preventive Services Task Force or by the
American Academy of Pediatrics' Bright Futures: Guidelines for
Health Supervision of Infants, Children, and Adolescents for
purposes of identifying a mental health issue, condition, or
disorder; discussing mental health symptoms that might be
present, including symptoms of a previously diagnosed mental
health condition or disorder; performing an evaluation of
adverse childhood experiences; and discussing mental health
and wellness.
    (c) A mental health prevention and wellness visit shall be
covered for up to 60 minutes and may be performed by a
physician licensed to practice medicine in all of its
branches, a licensed clinical psychologist, a licensed
clinical social worker, a licensed clinical professional
counselor, a licensed marriage and family therapist, a
licensed social worker, or a licensed professional counselor.
    (d) A policy subject to this Section shall not impose a
deductible, coinsurance, copayment, or other cost-sharing
requirement for mental health prevention and wellness visits.
The cost-sharing prohibition in this subsection (d) does not
apply to coverage of mental health prevention and wellness
visits to the extent such coverage would disqualify a
high-deductible health plan from eligibility for a health
savings account pursuant to Section 223 of the Internal
Revenue Code.
    (e) A mental health prevention and wellness visit shall be
in addition to an annual physical examination and shall not
replace a well-child visit or a general health or medical
visit.
    (f) A mental health prevention and wellness visit shall be
reimbursed through the following American Medical Association
current procedural terminology codes and at the same rate that
current procedural terminology codes are reimbursed for the
provision of other medical care: 99381-99387 and 99391-99397.
The Department shall update the current procedural terminology
codes through adoption of rules if the codes listed in this
subsection are altered, amended, changed, deleted, or
supplemented.
    (g) Reimbursement of any of the current procedural
terminology codes listed in this Section shall comply with the
following:
        (1) reimbursement may be adjusted for payment of
    claims that are billed by a nonphysician clinician so long
    as the methodology to determine the adjustments are
    comparable to and applied no more stringently than the
    methodology for adjustments made for reimbursement of
    claims billed by nonphysician clinicians for other medical
    care, in accordance with 45 CFR 146.136(c)(4); and
        (2) for a mental health prevention and wellness visit
    and for a service other than a mental health prevention
    and wellness visit, reimbursement shall not be denied if
    they occur on the same date by the same provider and the
    provider is a primary care provider.
    (h) A mental health prevention and wellness visit may be
incorporated into and reimbursed within any type of integrated
primary care service delivery method, including, but not
limited to, a psychiatric collaborative care model as provided
for under this Code.
    (i) The Department shall adopt any rules necessary to
implement this Section by no later than October 31, 2024.
(Source: P.A. 103-535, eff. 8-11-23; revised 8-29-23.)
 
    (215 ILCS 5/370c.1)
    Sec. 370c.1. Mental, emotional, nervous, or substance use
disorder or condition parity.
    (a) On and after July 23, 2021 (the effective date of
Public Act 102-135), every insurer that amends, delivers,
issues, or renews a group or individual policy of accident and
health insurance or a qualified health plan offered through
the Health Insurance Marketplace in this State providing
coverage for hospital or medical treatment and for the
treatment of mental, emotional, nervous, or substance use
disorders or conditions shall ensure prior to policy issuance
that:
        (1) the financial requirements applicable to such
    mental, emotional, nervous, or substance use disorder or
    condition benefits are no more restrictive than the
    predominant financial requirements applied to
    substantially all hospital and medical benefits covered by
    the policy and that there are no separate cost-sharing
    requirements that are applicable only with respect to
    mental, emotional, nervous, or substance use disorder or
    condition benefits; and
        (2) the treatment limitations applicable to such
    mental, emotional, nervous, or substance use disorder or
    condition benefits are no more restrictive than the
    predominant treatment limitations applied to substantially
    all hospital and medical benefits covered by the policy
    and that there are no separate treatment limitations that
    are applicable only with respect to mental, emotional,
    nervous, or substance use disorder or condition benefits.
    (b) The following provisions shall apply concerning
aggregate lifetime limits:
        (1) In the case of a group or individual policy of
    accident and health insurance or a qualified health plan
    offered through the Health Insurance Marketplace amended,
    delivered, issued, or renewed in this State on or after
    September 9, 2015 (the effective date of Public Act
    99-480) that provides coverage for hospital or medical
    treatment and for the treatment of mental, emotional,
    nervous, or substance use disorders or conditions the
    following provisions shall apply:
            (A) if the policy does not include an aggregate
        lifetime limit on substantially all hospital and
        medical benefits, then the policy may not impose any
        aggregate lifetime limit on mental, emotional,
        nervous, or substance use disorder or condition
        benefits; or
            (B) if the policy includes an aggregate lifetime
        limit on substantially all hospital and medical
        benefits (in this subsection referred to as the
        "applicable lifetime limit"), then the policy shall
        either:
                (i) apply the applicable lifetime limit both
            to the hospital and medical benefits to which it
            otherwise would apply and to mental, emotional,
            nervous, or substance use disorder or condition
            benefits and not distinguish in the application of
            the limit between the hospital and medical
            benefits and mental, emotional, nervous, or
            substance use disorder or condition benefits; or
                (ii) not include any aggregate lifetime limit
            on mental, emotional, nervous, or substance use
            disorder or condition benefits that is less than
            the applicable lifetime limit.
        (2) In the case of a policy that is not described in
    paragraph (1) of subsection (b) of this Section and that
    includes no or different aggregate lifetime limits on
    different categories of hospital and medical benefits, the
    Director shall establish rules under which subparagraph
    (B) of paragraph (1) of subsection (b) of this Section is
    applied to such policy with respect to mental, emotional,
    nervous, or substance use disorder or condition benefits
    by substituting for the applicable lifetime limit an
    average aggregate lifetime limit that is computed taking
    into account the weighted average of the aggregate
    lifetime limits applicable to such categories.
    (c) The following provisions shall apply concerning annual
limits:
        (1) In the case of a group or individual policy of
    accident and health insurance or a qualified health plan
    offered through the Health Insurance Marketplace amended,
    delivered, issued, or renewed in this State on or after
    September 9, 2015 (the effective date of Public Act
    99-480) that provides coverage for hospital or medical
    treatment and for the treatment of mental, emotional,
    nervous, or substance use disorders or conditions the
    following provisions shall apply:
            (A) if the policy does not include an annual limit
        on substantially all hospital and medical benefits,
        then the policy may not impose any annual limits on
        mental, emotional, nervous, or substance use disorder
        or condition benefits; or
            (B) if the policy includes an annual limit on
        substantially all hospital and medical benefits (in
        this subsection referred to as the "applicable annual
        limit"), then the policy shall either:
                (i) apply the applicable annual limit both to
            the hospital and medical benefits to which it
            otherwise would apply and to mental, emotional,
            nervous, or substance use disorder or condition
            benefits and not distinguish in the application of
            the limit between the hospital and medical
            benefits and mental, emotional, nervous, or
            substance use disorder or condition benefits; or
                (ii) not include any annual limit on mental,
            emotional, nervous, or substance use disorder or
            condition benefits that is less than the
            applicable annual limit.
        (2) In the case of a policy that is not described in
    paragraph (1) of subsection (c) of this Section and that
    includes no or different annual limits on different
    categories of hospital and medical benefits, the Director
    shall establish rules under which subparagraph (B) of
    paragraph (1) of subsection (c) of this Section is applied
    to such policy with respect to mental, emotional, nervous,
    or substance use disorder or condition benefits by
    substituting for the applicable annual limit an average
    annual limit that is computed taking into account the
    weighted average of the annual limits applicable to such
    categories.
    (d) With respect to mental, emotional, nervous, or
substance use disorders or conditions, an insurer shall use
policies and procedures for the election and placement of
mental, emotional, nervous, or substance use disorder or
condition treatment drugs on their formulary that are no less
favorable to the insured as those policies and procedures the
insurer uses for the selection and placement of drugs for
medical or surgical conditions and shall follow the expedited
coverage determination requirements for substance abuse
treatment drugs set forth in Section 45.2 of the Managed Care
Reform and Patient Rights Act.
    (e) This Section shall be interpreted in a manner
consistent with all applicable federal parity regulations
including, but not limited to, the Paul Wellstone and Pete
Domenici Mental Health Parity and Addiction Equity Act of
2008, final regulations issued under the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of
2008 and final regulations applying the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of
2008 to Medicaid managed care organizations, the Children's
Health Insurance Program, and alternative benefit plans.
    (f) The provisions of subsections (b) and (c) of this
Section shall not be interpreted to allow the use of lifetime
or annual limits otherwise prohibited by State or federal law.
    (g) As used in this Section:
    "Financial requirement" includes deductibles, copayments,
coinsurance, and out-of-pocket maximums, but does not include
an aggregate lifetime limit or an annual limit subject to
subsections (b) and (c).
    "Mental, emotional, nervous, or substance use disorder or
condition" means a condition or disorder that involves a
mental health condition or substance use disorder that falls
under any of the diagnostic categories listed in the mental
and behavioral disorders chapter of the current edition of the
International Classification of Disease or that is listed in
the most recent version of the Diagnostic and Statistical
Manual of Mental Disorders.
    "Treatment limitation" includes limits on benefits based
on the frequency of treatment, number of visits, days of
coverage, days in a waiting period, or other similar limits on
the scope or duration of treatment. "Treatment limitation"
includes both quantitative treatment limitations, which are
expressed numerically (such as 50 outpatient visits per year),
and nonquantitative treatment limitations, which otherwise
limit the scope or duration of treatment. A permanent
exclusion of all benefits for a particular condition or
disorder shall not be considered a treatment limitation.
"Nonquantitative treatment" means those limitations as
described under federal regulations (26 CFR 54.9812-1).
"Nonquantitative treatment limitations" include, but are not
limited to, those limitations described under federal
regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR
146.136.
    (h) The Department of Insurance shall implement the
following education initiatives:
        (1) By January 1, 2016, the Department shall develop a
    plan for a Consumer Education Campaign on parity. The
    Consumer Education Campaign shall focus its efforts
    throughout the State and include trainings in the
    northern, southern, and central regions of the State, as
    defined by the Department, as well as each of the 5 managed
    care regions of the State as identified by the Department
    of Healthcare and Family Services. Under this Consumer
    Education Campaign, the Department shall: (1) by January
    1, 2017, provide at least one live training in each region
    on parity for consumers and providers and one webinar
    training to be posted on the Department website and (2)
    establish a consumer hotline to assist consumers in
    navigating the parity process by March 1, 2017. By January
    1, 2018 the Department shall issue a report to the General
    Assembly on the success of the Consumer Education
    Campaign, which shall indicate whether additional training
    is necessary or would be recommended.
        (2) The Department, in coordination with the
    Department of Human Services and the Department of
    Healthcare and Family Services, shall convene a working
    group of health care insurance carriers, mental health
    advocacy groups, substance abuse patient advocacy groups,
    and mental health physician groups for the purpose of
    discussing issues related to the treatment and coverage of
    mental, emotional, nervous, or substance use disorders or
    conditions and compliance with parity obligations under
    State and federal law. Compliance shall be measured,
    tracked, and shared during the meetings of the working
    group. The working group shall meet once before January 1,
    2016 and shall meet semiannually thereafter. The
    Department shall issue an annual report to the General
    Assembly that includes a list of the health care insurance
    carriers, mental health advocacy groups, substance abuse
    patient advocacy groups, and mental health physician
    groups that participated in the working group meetings,
    details on the issues and topics covered, and any
    legislative recommendations developed by the working
    group.
        (3) Not later than January 1 of each year, the
    Department, in conjunction with the Department of
    Healthcare and Family Services, shall issue a joint report
    to the General Assembly and provide an educational
    presentation to the General Assembly. The report and
    presentation shall:
            (A) Cover the methodology the Departments use to
        check for compliance with the federal Paul Wellstone
        and Pete Domenici Mental Health Parity and Addiction
        Equity Act of 2008, 42 U.S.C. 18031(j), and any
        federal regulations or guidance relating to the
        compliance and oversight of the federal Paul Wellstone
        and Pete Domenici Mental Health Parity and Addiction
        Equity Act of 2008 and 42 U.S.C. 18031(j).
            (B) Cover the methodology the Departments use to
        check for compliance with this Section and Sections
        356z.23 and 370c of this Code.
            (C) Identify market conduct examinations or, in
        the case of the Department of Healthcare and Family
        Services, audits conducted or completed during the
        preceding 12-month period regarding compliance with
        parity in mental, emotional, nervous, and substance
        use disorder or condition benefits under State and
        federal laws and summarize the results of such market
        conduct examinations and audits. This shall include:
                (i) the number of market conduct examinations
            and audits initiated and completed;
                (ii) the benefit classifications examined by
            each market conduct examination and audit;
                (iii) the subject matter of each market
            conduct examination and audit, including
            quantitative and nonquantitative treatment
            limitations; and
                (iv) a summary of the basis for the final
            decision rendered in each market conduct
            examination and audit.
            Individually identifiable information shall be
        excluded from the reports consistent with federal
        privacy protections.
            (D) Detail any educational or corrective actions
        the Departments have taken to ensure compliance with
        the federal Paul Wellstone and Pete Domenici Mental
        Health Parity and Addiction Equity Act of 2008, 42
        U.S.C. 18031(j), this Section, and Sections 356z.23
        and 370c of this Code.
            (E) The report must be written in non-technical,
        readily understandable language and shall be made
        available to the public by, among such other means as
        the Departments find appropriate, posting the report
        on the Departments' websites.
    (i) The Parity Advancement Fund is created as a special
fund in the State treasury. Moneys from fines and penalties
collected from insurers for violations of this Section shall
be deposited into the Fund. Moneys deposited into the Fund for
appropriation by the General Assembly to the Department shall
be used for the purpose of providing financial support of the
Consumer Education Campaign, parity compliance advocacy, and
other initiatives that support parity implementation and
enforcement on behalf of consumers.
    (j) (Blank).
    (j-5) The Department of Insurance shall collect the
following information:
        (1) The number of employment disability insurance
    plans offered in this State, including, but not limited
    to:
            (A) individual short-term policies;
            (B) individual long-term policies;
            (C) group short-term policies; and
            (D) group long-term policies.
        (2) The number of policies referenced in paragraph (1)
    of this subsection that limit mental health and substance
    use disorder benefits.
        (3) The average defined benefit period for the
    policies referenced in paragraph (1) of this subsection,
    both for those policies that limit and those policies that
    have no limitation on mental health and substance use
    disorder benefits.
        (4) Whether the policies referenced in paragraph (1)
    of this subsection are purchased on a voluntary or
    non-voluntary basis.
        (5) The identities of the individuals, entities, or a
    combination of the 2, that assume the cost associated with
    covering the policies referenced in paragraph (1) of this
    subsection.
        (6) The average defined benefit period for plans that
    cover physical disability and mental health and substance
    abuse without limitation, including, but not limited to:
            (A) individual short-term policies;
            (B) individual long-term policies;
            (C) group short-term policies; and
            (D) group long-term policies.
        (7) The average premiums for disability income
    insurance issued in this State for:
            (A) individual short-term policies that limit
        mental health and substance use disorder benefits;
            (B) individual long-term policies that limit
        mental health and substance use disorder benefits;
            (C) group short-term policies that limit mental
        health and substance use disorder benefits;
            (D) group long-term policies that limit mental
        health and substance use disorder benefits;
            (E) individual short-term policies that include
        mental health and substance use disorder benefits
        without limitation;
            (F) individual long-term policies that include
        mental health and substance use disorder benefits
        without limitation;
            (G) group short-term policies that include mental
        health and substance use disorder benefits without
        limitation; and
            (H) group long-term policies that include mental
        health and substance use disorder benefits without
        limitation.
    The Department shall present its findings regarding
information collected under this subsection (j-5) to the
General Assembly no later than April 30, 2024. Information
regarding a specific insurance provider's contributions to the
Department's report shall be exempt from disclosure under
paragraph (t) of subsection (1) of Section 7 of the Freedom of
Information Act. The aggregated information gathered by the
Department shall not be exempt from disclosure under paragraph
(t) of subsection (1) of Section 7 of the Freedom of
Information Act.
    (k) An insurer that amends, delivers, issues, or renews a
group or individual policy of accident and health insurance or
a qualified health plan offered through the health insurance
marketplace in this State providing coverage for hospital or
medical treatment and for the treatment of mental, emotional,
nervous, or substance use disorders or conditions shall submit
an annual report, the format and definitions for which will be
determined by the Department and the Department of Healthcare
and Family Services and posted on their respective websites,
starting on September 1, 2023 and annually thereafter, that
contains the following information separately for inpatient
in-network benefits, inpatient out-of-network benefits,
outpatient in-network benefits, outpatient out-of-network
benefits, emergency care benefits, and prescription drug
benefits in the case of accident and health insurance or
qualified health plans, or inpatient, outpatient, emergency
care, and prescription drug benefits in the case of medical
assistance:
        (1) A summary of the plan's pharmacy management
    processes for mental, emotional, nervous, or substance use
    disorder or condition benefits compared to those for other
    medical benefits.
        (2) A summary of the internal processes of review for
    experimental benefits and unproven technology for mental,
    emotional, nervous, or substance use disorder or condition
    benefits and those for other medical benefits.
        (3) A summary of how the plan's policies and
    procedures for utilization management for mental,
    emotional, nervous, or substance use disorder or condition
    benefits compare to those for other medical benefits.
        (4) A description of the process used to develop or
    select the medical necessity criteria for mental,
    emotional, nervous, or substance use disorder or condition
    benefits and the process used to develop or select the
    medical necessity criteria for medical and surgical
    benefits.
        (5) Identification of all nonquantitative treatment
    limitations that are applied to both mental, emotional,
    nervous, or substance use disorder or condition benefits
    and medical and surgical benefits within each
    classification of benefits.
        (6) The results of an analysis that demonstrates that
    for the medical necessity criteria described in
    subparagraph (A) and for each nonquantitative treatment
    limitation identified in subparagraph (B), as written and
    in operation, the processes, strategies, evidentiary
    standards, or other factors used in applying the medical
    necessity criteria and each nonquantitative treatment
    limitation to mental, emotional, nervous, or substance use
    disorder or condition benefits within each classification
    of benefits are comparable to, and are applied no more
    stringently than, the processes, strategies, evidentiary
    standards, or other factors used in applying the medical
    necessity criteria and each nonquantitative treatment
    limitation to medical and surgical benefits within the
    corresponding classification of benefits; at a minimum,
    the results of the analysis shall:
            (A) identify the factors used to determine that a
        nonquantitative treatment limitation applies to a
        benefit, including factors that were considered but
        rejected;
            (B) identify and define the specific evidentiary
        standards used to define the factors and any other
        evidence relied upon in designing each nonquantitative
        treatment limitation;
            (C) provide the comparative analyses, including
        the results of the analyses, performed to determine
        that the processes and strategies used to design each
        nonquantitative treatment limitation, as written, for
        mental, emotional, nervous, or substance use disorder
        or condition benefits are comparable to, and are
        applied no more stringently than, the processes and
        strategies used to design each nonquantitative
        treatment limitation, as written, for medical and
        surgical benefits;
            (D) provide the comparative analyses, including
        the results of the analyses, performed to determine
        that the processes and strategies used to apply each
        nonquantitative treatment limitation, in operation,
        for mental, emotional, nervous, or substance use
        disorder or condition benefits are comparable to, and
        applied no more stringently than, the processes or
        strategies used to apply each nonquantitative
        treatment limitation, in operation, for medical and
        surgical benefits; and
            (E) disclose the specific findings and conclusions
        reached by the insurer that the results of the
        analyses described in subparagraphs (C) and (D)
        indicate that the insurer is in compliance with this
        Section and the Mental Health Parity and Addiction
        Equity Act of 2008 and its implementing regulations,
        which includes 42 CFR Parts 438, 440, and 457 and 45
        CFR 146.136 and any other related federal regulations
        found in the Code of Federal Regulations.
        (7) Any other information necessary to clarify data
    provided in accordance with this Section requested by the
    Director, including information that may be proprietary or
    have commercial value, under the requirements of Section
    30 of the Viatical Settlements Act of 2009.
    (l) An insurer that amends, delivers, issues, or renews a
group or individual policy of accident and health insurance or
a qualified health plan offered through the health insurance
marketplace in this State providing coverage for hospital or
medical treatment and for the treatment of mental, emotional,
nervous, or substance use disorders or conditions on or after
January 1, 2019 (the effective date of Public Act 100-1024)
shall, in advance of the plan year, make available to the
Department or, with respect to medical assistance, the
Department of Healthcare and Family Services and to all plan
participants and beneficiaries the information required in
subparagraphs (C) through (E) of paragraph (6) of subsection
(k). For plan participants and medical assistance
beneficiaries, the information required in subparagraphs (C)
through (E) of paragraph (6) of subsection (k) shall be made
available on a publicly available publicly-available website
whose web address is prominently displayed in plan and managed
care organization informational and marketing materials.
    (m) In conjunction with its compliance examination program
conducted in accordance with the Illinois State Auditing Act,
the Auditor General shall undertake a review of compliance by
the Department and the Department of Healthcare and Family
Services with Section 370c and this Section. Any findings
resulting from the review conducted under this Section shall
be included in the applicable State agency's compliance
examination report. Each compliance examination report shall
be issued in accordance with Section 3-14 of the Illinois
State Auditing Act. A copy of each report shall also be
delivered to the head of the applicable State agency and
posted on the Auditor General's website.
(Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21;
102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff.
6-27-23; revised 12-15-23.)
 
    Section 355. The Network Adequacy and Transparency Act is
amended by changing Section 25 as follows:
 
    (215 ILCS 124/25)
    Sec. 25. Network transparency.
    (a) A network plan shall post electronically an
up-to-date, accurate, and complete provider directory for each
of its network plans, with the information and search
functions, as described in this Section.
        (1) In making the directory available electronically,
    the network plans shall ensure that the general public is
    able to view all of the current providers for a plan
    through a clearly identifiable link or tab and without
    creating or accessing an account or entering a policy or
    contract number.
        (2) The network plan shall update the online provider
    directory at least monthly. Providers shall notify the
    network plan electronically or in writing of any changes
    to their information as listed in the provider directory,
    including the information required in subparagraph (K) of
    paragraph (1) of subsection (b). The network plan shall
    update its online provider directory in a manner
    consistent with the information provided by the provider
    within 10 business days after being notified of the change
    by the provider. Nothing in this paragraph (2) shall void
    any contractual relationship between the provider and the
    plan.
        (3) The network plan shall audit periodically at least
    25% of its provider directories for accuracy, make any
    corrections necessary, and retain documentation of the
    audit. The network plan shall submit the audit to the
    Director upon request. As part of these audits, the
    network plan shall contact any provider in its network
    that has not submitted a claim to the plan or otherwise
    communicated his or her intent to continue participation
    in the plan's network.
        (4) A network plan shall provide a printed print copy
    of a current provider directory or a printed print copy of
    the requested directory information upon request of a
    beneficiary or a prospective beneficiary. Printed Print
    copies must be updated quarterly and an errata that
    reflects changes in the provider network must be updated
    quarterly.
        (5) For each network plan, a network plan shall
    include, in plain language in both the electronic and
    print directory, the following general information:
            (A) in plain language, a description of the
        criteria the plan has used to build its provider
        network;
            (B) if applicable, in plain language, a
        description of the criteria the insurer or network
        plan has used to create tiered networks;
            (C) if applicable, in plain language, how the
        network plan designates the different provider tiers
        or levels in the network and identifies for each
        specific provider, hospital, or other type of facility
        in the network which tier each is placed, for example,
        by name, symbols, or grouping, in order for a
        beneficiary-covered person or a prospective
        beneficiary-covered person to be able to identify the
        provider tier; and
            (D) if applicable, a notation that authorization
        or referral may be required to access some providers.
        (6) A network plan shall make it clear for both its
    electronic and print directories what provider directory
    applies to which network plan, such as including the
    specific name of the network plan as marketed and issued
    in this State. The network plan shall include in both its
    electronic and print directories a customer service email
    address and telephone number or electronic link that
    beneficiaries or the general public may use to notify the
    network plan of inaccurate provider directory information
    and contact information for the Department's Office of
    Consumer Health Insurance.
        (7) A provider directory, whether in electronic or
    print format, shall accommodate the communication needs of
    individuals with disabilities, and include a link to or
    information regarding available assistance for persons
    with limited English proficiency.
    (b) For each network plan, a network plan shall make
available through an electronic provider directory the
following information in a searchable format:
        (1) for health care professionals:
            (A) name;
            (B) gender;
            (C) participating office locations;
            (D) specialty, if applicable;
            (E) medical group affiliations, if applicable;
            (F) facility affiliations, if applicable;
            (G) participating facility affiliations, if
        applicable;
            (H) languages spoken other than English, if
        applicable;
            (I) whether accepting new patients;
            (J) board certifications, if applicable; and
            (K) use of telehealth or telemedicine, including,
        but not limited to:
                (i) whether the provider offers the use of
            telehealth or telemedicine to deliver services to
            patients for whom it would be clinically
            appropriate;
                (ii) what modalities are used and what types
            of services may be provided via telehealth or
            telemedicine; and
                (iii) whether the provider has the ability and
            willingness to include in a telehealth or
            telemedicine encounter a family caregiver who is
            in a separate location than the patient if the
            patient wishes and provides his or her consent;
        (2) for hospitals:
            (A) hospital name;
            (B) hospital type (such as acute, rehabilitation,
        children's, or cancer);
            (C) participating hospital location; and
            (D) hospital accreditation status; and
        (3) for facilities, other than hospitals, by type:
            (A) facility name;
            (B) facility type;
            (C) types of services performed; and
            (D) participating facility location or locations.
    (c) For the electronic provider directories, for each
network plan, a network plan shall make available all of the
following information in addition to the searchable
information required in this Section:
        (1) for health care professionals:
            (A) contact information; and
            (B) languages spoken other than English by
        clinical staff, if applicable;
        (2) for hospitals, telephone number; and
        (3) for facilities other than hospitals, telephone
    number.
    (d) The insurer or network plan shall make available in
print, upon request, the following provider directory
information for the applicable network plan:
        (1) for health care professionals:
            (A) name;
            (B) contact information;
            (C) participating office location or locations;
            (D) specialty, if applicable;
            (E) languages spoken other than English, if
        applicable;
            (F) whether accepting new patients; and
            (G) use of telehealth or telemedicine, including,
        but not limited to:
                (i) whether the provider offers the use of
            telehealth or telemedicine to deliver services to
            patients for whom it would be clinically
            appropriate;
                (ii) what modalities are used and what types
            of services may be provided via telehealth or
            telemedicine; and
                (iii) whether the provider has the ability and
            willingness to include in a telehealth or
            telemedicine encounter a family caregiver who is
            in a separate location than the patient if the
            patient wishes and provides his or her consent;
        (2) for hospitals:
            (A) hospital name;
            (B) hospital type (such as acute, rehabilitation,
        children's, or cancer); and
            (C) participating hospital location and telephone
        number; and
        (3) for facilities, other than hospitals, by type:
            (A) facility name;
            (B) facility type;
            (C) types of services performed; and
            (D) participating facility location or locations
        and telephone numbers.
    (e) The network plan shall include a disclosure in the
print format provider directory that the information included
in the directory is accurate as of the date of printing and
that beneficiaries or prospective beneficiaries should consult
the insurer's electronic provider directory on its website and
contact the provider. The network plan shall also include a
telephone number in the print format provider directory for a
customer service representative where the beneficiary can
obtain current provider directory information.
    (f) The Director may conduct periodic audits of the
accuracy of provider directories. A network plan shall not be
subject to any fines or penalties for information required in
this Section that a provider submits that is inaccurate or
incomplete.
(Source: P.A. 102-92, eff. 7-9-21; revised 9-26-23.)
 
    Section 360. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
 
    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
    Sec. 5-3. Insurance Code provisions.
    (a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 140,
141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v,
356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22,
356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30,
356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35,
356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44,
356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51,
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59,
356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68,
364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,
XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
Insurance Code.
    (b) For purposes of the Illinois Insurance Code, except
for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
Health Maintenance Organizations in the following categories
are deemed to be "domestic companies":
        (1) a corporation authorized under the Dental Service
    Plan Act or the Voluntary Health Services Plans Act;
        (2) a corporation organized under the laws of this
    State; or
        (3) a corporation organized under the laws of another
    state, 30% or more of the enrollees of which are residents
    of this State, except a corporation subject to
    substantially the same requirements in its state of
    organization as is a "domestic company" under Article VIII
    1/2 of the Illinois Insurance Code.
    (c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
        (1) the Director shall give primary consideration to
    the continuation of benefits to enrollees and the
    financial conditions of the acquired Health Maintenance
    Organization after the merger, consolidation, or other
    acquisition of control takes effect;
        (2)(i) the criteria specified in subsection (1)(b) of
    Section 131.8 of the Illinois Insurance Code shall not
    apply and (ii) the Director, in making his determination
    with respect to the merger, consolidation, or other
    acquisition of control, need not take into account the
    effect on competition of the merger, consolidation, or
    other acquisition of control;
        (3) the Director shall have the power to require the
    following information:
            (A) certification by an independent actuary of the
        adequacy of the reserves of the Health Maintenance
        Organization sought to be acquired;
            (B) pro forma financial statements reflecting the
        combined balance sheets of the acquiring company and
        the Health Maintenance Organization sought to be
        acquired as of the end of the preceding year and as of
        a date 90 days prior to the acquisition, as well as pro
        forma financial statements reflecting projected
        combined operation for a period of 2 years;
            (C) a pro forma business plan detailing an
        acquiring party's plans with respect to the operation
        of the Health Maintenance Organization sought to be
        acquired for a period of not less than 3 years; and
            (D) such other information as the Director shall
        require.
    (d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including, without limitation, the health
maintenance organization's right, title, and interest in and
to its health care certificates).
    (e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code,
take into account the effect of the management contract or
service agreement on the continuation of benefits to enrollees
and the financial condition of the health maintenance
organization to be managed or serviced, and (ii) need not take
into account the effect of the management contract or service
agreement on competition.
    (f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a
Health Maintenance Organization may by contract agree with a
group or other enrollment unit to effect refunds or charge
additional premiums under the following terms and conditions:
        (i) the amount of, and other terms and conditions with
    respect to, the refund or additional premium are set forth
    in the group or enrollment unit contract agreed in advance
    of the period for which a refund is to be paid or
    additional premium is to be charged (which period shall
    not be less than one year); and
        (ii) the amount of the refund or additional premium
    shall not exceed 20% of the Health Maintenance
    Organization's profitable or unprofitable experience with
    respect to the group or other enrollment unit for the
    period (and, for purposes of a refund or additional
    premium, the profitable or unprofitable experience shall
    be calculated taking into account a pro rata share of the
    Health Maintenance Organization's administrative and
    marketing expenses, but shall not include any refund to be
    made or additional premium to be paid pursuant to this
    subsection (f)). The Health Maintenance Organization and
    the group or enrollment unit may agree that the profitable
    or unprofitable experience may be calculated taking into
    account the refund period and the immediately preceding 2
    plan years.
    The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and
the resulting additional premium to be paid by the group or
enrollment unit.
    In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
    (g) Rulemaking authority to implement Public Act 95-1045,
if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
 
    Section 365. The Limited Health Service Organization Act
is amended by changing Sections 3006 and 4003 as follows:
 
    (215 ILCS 130/3006)  (from Ch. 73, par. 1503-6)
    Sec. 3006. Changes in rate methodology and benefits;
material modifications; addition of limited health services.
    (a) A limited health service organization shall file with
the Director prior to use, a notice of any change in rate
methodology, charges, or benefits and of any material
modification of any matter or document furnished pursuant to
Section 2001, together with such supporting documents as are
necessary to fully explain the change or modification.
        (1) Contract modifications described in paragraphs (5)
    and (6) of subsection (c) of Section 2001 shall include
    all agreements between the organization and enrollees,
    providers, administrators of services, and insurers of
    limited health services; also other material transactions
    or series of transactions, the total annual value of which
    exceeds the greater of $100,000 or 5% of net earned
    subscription revenue for the most current 12-month 12
    month period as determined from filed financial
    statements.
        (2) Contract modification for reinsurance. Any
    agreement between the organization and an insurer shall be
    subject to the provisions of Article XI of the Illinois
    Insurance Code, as now or hereafter amended. All
    reinsurance agreements must be filed with the Director.
    Approval of the Director in required agreements must be
    filed. Approval of the director is required for all
    agreements except individual stop loss, aggregate excess,
    hospitalization benefits, or out-of-area of the
    participating providers, unless 20% or more of the
    organization's total risk is reinsured, in which case all
    reinsurance agreements shall require approval.
    (b) If a limited health service organization desires to
add one or more additional limited health services, it shall
file a notice with the Director and, at the same time, submit
the information required by Section 2001 if different from
that filed with the prepaid limited health service
organization's application. Issuance of such an amended
certificate of authority shall be subject to the conditions of
Section 2002 of this Act.
    (c) In addition to any applicable provisions of this Act,
premium rate filings shall be subject to subsection (i) of
Section 355 of the Illinois Insurance Code.
(Source: P.A. 103-106, eff. 1-1-24; revised 1-2-24.)
 
    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
    Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the
provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 355.2,
355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21,
356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32,
356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 364.3,
368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII
1/2, XXV, and XXVI of the Illinois Insurance Code. Nothing in
this Section shall require a limited health care plan to cover
any service that is not a limited health service. For purposes
of the Illinois Insurance Code, except for Sections 444 and
444.1 and Articles XIII and XIII 1/2, limited health service
organizations in the following categories are deemed to be
domestic companies:
        (1) a corporation under the laws of this State; or
        (2) a corporation organized under the laws of another
    state, 30% or more of the enrollees of which are residents
    of this State, except a corporation subject to
    substantially the same requirements in its state of
    organization as is a domestic company under Article VIII
    1/2 of the Illinois Insurance Code.
(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.
1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,
eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
eff. 1-1-24; revised 8-29-23.)
 
    Section 370. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
 
    (215 ILCS 165/10)  (from Ch. 32, par. 604)
    Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402,
403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
Section 367 of the Illinois Insurance Code.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.
10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,
eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
103-551, eff. 8-11-23; revised 8-29-23.)
 
    Section 375. The Public Utilities Act is amended by
changing Sections 8-205, 9-222.1A, and 9-229 as follows:
 
    (220 ILCS 5/8-205)  (from Ch. 111 2/3, par. 8-205)
    Sec. 8-205. (a) Termination of gas and electric utility
service to all residential users, including all tenants of
mastermetered apartment buildings, for nonpayment of bills,
where gas or electricity is used as the only source of space
heating or to control or operate the only space heating
equipment at the residence is prohibited: ,
        (1) on any day when the National Weather Service
    forecast for the following 24 hours covering the area of
    the utility in which the residence is located includes a
    forecast that the temperature will be 32 degrees
    Fahrenheit or below; or
        (2) on any day preceding a holiday or a weekend when
    such a forecast indicated that the temperature will be 32
    degrees Fahrenheit or below during the holiday or weekend.
    (b) If gas or electricity is used as the only source of
space cooling or to control or operate the only space cooling
equipment at a residence, then a utility may not terminate gas
or electric utility service to a residential user, including
all tenants of mastermetered apartment buildings, for
nonpayment of bills:
        (1) on any day when the National Weather Service
    forecast for the following 24 hours covering the area of
    the utility in which the residence is located includes a
    forecast that the temperature will be 90 degrees
    Fahrenheit or above;
        (2) on any day preceding a holiday or weekend when the
    National Weather Service for the following 24 hours
    covering the area of the utility in which the residence is
    located includes a forecast that the temperature will be
    90 degrees Fahrenheit or above during the holiday or
    weekend; or
        (3) when the National Weather Service issues an
    excessive heat watch, heat advisory, or excessive heat
    warning covering the area of the utility in which the
    residence is located.
(Source: P.A. 103-19, eff. 1-1-24; revised 1-2-24.)
 
    (220 ILCS 5/9-222.1A)
    Sec. 9-222.1A. High impact business. Beginning on August
1, 1998 and thereafter, a business enterprise that is
certified as a High Impact Business by the Department of
Commerce and Economic Opportunity (formerly Department of
Commerce and Community Affairs) is exempt from the tax imposed
by Section 2-4 of the Electricity Excise Tax Law, if the High
Impact Business is registered to self-assess that tax, and is
exempt from any additional charges added to the business
enterprise's utility bills as a pass-on of State utility taxes
under Section 9-222 of this Act, to the extent the tax or
charges are exempted by the percentage specified by the
Department of Commerce and Economic Opportunity for State
utility taxes, provided the business enterprise meets the
following criteria:
        (1) (A) it intends either (i) to make a minimum
        eligible investment of $12,000,000 that will be placed
        in service in qualified property in Illinois and is
        intended to create at least 500 full-time equivalent
        jobs at a designated location in Illinois; or (ii) to
        make a minimum eligible investment of $30,000,000 that
        will be placed in service in qualified property in
        Illinois and is intended to retain at least 1,500
        full-time equivalent jobs at a designated location in
        Illinois; or
            (B) it meets the criteria of subdivision
        (a)(3)(B), (a)(3)(C), (a)(3)(D), (a)(3)(F), or
        (a)(3)(G), or (a)(3)(H) of Section 5.5 of the Illinois
        Enterprise Zone Act;
        (2) it is designated as a High Impact Business by the
    Department of Commerce and Economic Opportunity; and
        (3) it is certified by the Department of Commerce and
    Economic Opportunity as complying with the requirements
    specified in clauses (1) and (2) of this Section.
    The Department of Commerce and Economic Opportunity shall
determine the period during which the exemption from the
Electricity Excise Tax Law and the charges imposed under
Section 9-222 are in effect and shall specify the percentage
of the exemption from those taxes or additional charges.
    The Department of Commerce and Economic Opportunity is
authorized to promulgate rules and regulations to carry out
the provisions of this Section, including procedures for
complying with the requirements specified in clauses (1) and
(2) of this Section and procedures for applying for the
exemptions authorized under this Section; to define the
amounts and types of eligible investments that business
enterprises must make in order to receive State utility tax
exemptions or exemptions from the additional charges imposed
under Section 9-222 and this Section; to approve such utility
tax exemptions for business enterprises whose investments are
not yet placed in service; and to require that business
enterprises granted tax exemptions or exemptions from
additional charges under Section 9-222 repay the exempted
amount if the business enterprise fails to comply with the
terms and conditions of the certification.
    Upon certification of the business enterprises by the
Department of Commerce and Economic Opportunity, the
Department of Commerce and Economic Opportunity shall notify
the Department of Revenue of the certification. The Department
of Revenue shall notify the public utilities of the exemption
status of business enterprises from the tax or pass-on charges
of State utility taxes. The exemption status shall take effect
within 3 months after certification of the business
enterprise.
(Source: P.A. 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23;
103-561, eff. 1-1-24; revised 11-21-23.)
 
    (220 ILCS 5/9-229)
    Sec. 9-229. Consideration of attorney and expert
compensation as an expense and intervenor compensation fund.
    (a) The Commission shall specifically assess the justness
and reasonableness of any amount expended by a public utility
to compensate attorneys or technical experts to prepare and
litigate a general rate case filing. This issue shall be
expressly addressed in the Commission's final order.
    (b) The State of Illinois shall create a Consumer
Intervenor Compensation Fund subject to the following:
        (1) Provision of compensation for Consumer Interest
    Representatives that intervene in Illinois Commerce
    Commission proceedings will increase public engagement,
    encourage additional transparency, expand the information
    available to the Commission, and improve decision-making.
        (2) As used in this Section, "Consumer interest
    representative" means:
            (A) a residential utility customer or group of
        residential utility customers represented by a
        not-for-profit group or organization registered with
        the Illinois Attorney General under the Solicitation
        for of Charity Act;
            (B) representatives of not-for-profit groups or
        organizations whose membership is limited to
        residential utility customers; or
            (C) representatives of not-for-profit groups or
        organizations whose membership includes Illinois
        residents and that address the community, economic,
        environmental, or social welfare of Illinois
        residents, except government agencies or intervenors
        specifically authorized by Illinois law to participate
        in Commission proceedings on behalf of Illinois
        consumers.
        (3) A consumer interest representative is eligible to
    receive compensation from the consumer intervenor
    compensation fund if its participation included lay or
    expert testimony or legal briefing and argument concerning
    the expenses, investments, rate design, rate impact, or
    other matters affecting the pricing, rates, costs or other
    charges associated with utility service, the Commission
    adopts a material recommendation related to a significant
    issue in the docket, and participation caused a
    significant financial hardship to the participant;
    however, no consumer interest representative shall be
    eligible to receive an award pursuant to this Section if
    the consumer interest representative receives any
    compensation, funding, or donations, directly or
    indirectly, from parties that have a financial interest in
    the outcome of the proceeding.
        (4) Within 30 days after September 15, 2021 (the
    effective date of Public Act 102-662) this amendatory Act
    of the 102nd General Assembly, each utility that files a
    request for an increase in rates under Article IX or
    Article XVI shall deposit an amount equal to one half of
    the rate case attorney and expert expense allowed by the
    Commission, but not to exceed $500,000, into the fund
    within 35 days of the date of the Commission's final Order
    in the rate case or 20 days after the denial of rehearing
    under Section 10-113 of this Act, whichever is later. The
    Consumer Intervenor Compensation Fund shall be used to
    provide payment to consumer interest representatives as
    described in this Section.
        (5) An electric public utility with 3,000,000 or more
    retail customers shall contribute $450,000 to the Consumer
    Intervenor Compensation Fund within 60 days after
    September 15, 2021 (the effective date of Public Act
    102-662) this amendatory Act of the 102nd General
    Assembly. A combined electric and gas public utility
    serving fewer than 3,000,000 but more than 500,000 retail
    customers shall contribute $225,000 to the Consumer
    Intervenor Compensation Fund within 60 days after
    September 15, 2021 (the effective date of Public Act
    102-662) this amendatory Act of the 102nd General
    Assembly. A gas public utility with 1,500,000 or more
    retail customers that is not a combined electric and gas
    public utility shall contribute $225,000 to the Consumer
    Intervenor Compensation Fund within 60 days after
    September 15, 2021 (the effective date of Public Act
    102-662) this amendatory Act of the 102nd General
    Assembly. A gas public utility with fewer than 1,500,000
    retail customers but more than 300,000 retail customers
    that is not a combined electric and gas public utility
    shall contribute $80,000 to the Consumer Intervenor
    Compensation Fund within 60 days after September 15, 2021
    (the effective date of Public Act 102-662) this amendatory
    Act of the 102nd General Assembly. A gas public utility
    with fewer than 300,000 retail customers that is not a
    combined electric and gas public utility shall contribute
    $20,000 to the Consumer Intervenor Compensation Fund
    within 60 days after September 15, 2021 (the effective
    date of Public Act 102-662) this amendatory Act of the
    102nd General Assembly. A combined electric and gas public
    utility serving fewer than 500,000 retail customers shall
    contribute $20,000 to the Consumer Intervenor Compensation
    Fund within 60 days after September 15, 2021 (the
    effective date of Public Act 102-662) this amendatory Act
    of the 102nd General Assembly. A water or sewer public
    utility serving more than 100,000 retail customers shall
    contribute $80,000, and a water or sewer public utility
    serving fewer than 100,000 but more than 10,000 retail
    customers shall contribute $20,000.
        (6)(A) Prior to the entry of a Final Order in a
    docketed case, the Commission Administrator shall provide
    a payment to a consumer interest representative that
    demonstrates through a verified application for funding
    that the consumer interest representative's participation
    or intervention without an award of fees or costs imposes
    a significant financial hardship based on a schedule to be
    developed by the Commission. The Administrator may require
    verification of costs incurred, including statements of
    hours spent, as a condition to paying the consumer
    interest representative prior to the entry of a Final
    Order in a docketed case.
        (B) If the Commission adopts a material recommendation
    related to a significant issue in the docket and
    participation caused a financial hardship to the
    participant, then the consumer interest representative
    shall be allowed payment for some or all of the consumer
    interest representative's reasonable attorney's or
    advocate's fees, reasonable expert witness fees, and other
    reasonable costs of preparation for and participation in a
    hearing or proceeding. Expenses related to travel or meals
    shall not be compensable.
        (C) The consumer interest representative shall submit
    an itemized request for compensation to the Consumer
    Intervenor Compensation Fund, including the advocate's or
    attorney's reasonable fee rate, the number of hours
    expended, reasonable expert and expert witness fees, and
    other reasonable costs for the preparation for and
    participation in the hearing and briefing within 30 days
    of the Commission's final order after denial or decision
    on rehearing, if any.
        (7) Administration of the Fund.
        (A) The Consumer Intervenor Compensation Fund is
    created as a special fund in the State treasury. All
    disbursements from the Consumer Intervenor Compensation
    Fund shall be made only upon warrants of the Comptroller
    drawn upon the Treasurer as custodian of the Fund upon
    vouchers signed by the Executive Director of the
    Commission or by the person or persons designated by the
    Director for that purpose. The Comptroller is authorized
    to draw the warrant upon vouchers so signed. The Treasurer
    shall accept all warrants so signed and shall be released
    from liability for all payments made on those warrants.
    The Consumer Intervenor Compensation Fund shall be
    administered by an Administrator that is a person or
    entity that is independent of the Commission. The
    administrator will be responsible for the prudent
    management of the Consumer Intervenor Compensation Fund
    and for recommendations for the award of consumer
    intervenor compensation from the Consumer Intervenor
    Compensation Fund. The Commission shall issue a request
    for qualifications for a third-party program administrator
    to administer the Consumer Intervenor Compensation Fund.
    The third-party administrator shall be chosen through a
    competitive bid process based on selection criteria and
    requirements developed by the Commission. The Illinois
    Procurement Code does not apply to the hiring or payment
    of the Administrator. All Administrator costs may be paid
    for using monies from the Consumer Intervenor Compensation
    Fund, but the Program Administrator shall strive to
    minimize costs in the implementation of the program.
        (B) The computation of compensation awarded from the
    fund shall take into consideration the market rates paid
    to persons of comparable training and experience who offer
    similar services, but may not exceed the comparable market
    rate for services paid by the public utility as part of its
    rate case expense.
        (C)(1) Recommendations on the award of compensation by
    the administrator shall include consideration of whether
    the Commission adopted a material recommendation related
    to a significant issue in the docket and whether
    participation caused a financial hardship to the
    participant and the payment of compensation is fair, just
    and reasonable.
        (2) Recommendations on the award of compensation by
    the administrator shall be submitted to the Commission for
    approval. Unless the Commission initiates an investigation
    within 45 days after the notice to the Commission, the
    award of compensation shall be allowed 45 days after
    notice to the Commission. Such notice shall be given by
    filing with the Commission on the Commission's e-docket
    system, and keeping open for public inspection the award
    for compensation proposed by the Administrator. The
    Commission shall have power, and it is hereby given
    authority, either upon complaint or upon its own
    initiative without complaint, at once, and if it so
    orders, without answer or other formal pleadings, but upon
    reasonable notice, to enter upon a hearing concerning the
    propriety of the award.
    (c) The Commission may adopt rules to implement this
Section.
(Source: P.A. 102-662, eff. 9-15-21; revised 1-20-24.)
 
    Section 380. The Child Care Act of 1969 is amended by
changing Sections 5.1, 7.2, and 18 as follows:
 
    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
    Sec. 5.1. (a) The Department shall ensure that no day care
center, group home, or child care institution as defined in
this Act shall on a regular basis transport a child or children
with any motor vehicle unless such vehicle is operated by a
person who complies with the following requirements:
        1. is 21 years of age or older;
        2. currently holds a valid driver's license, which has
    not been revoked or suspended for one or more traffic
    violations during the 3 years immediately prior to the
    date of application;
        3. demonstrates physical fitness to operate vehicles
    by submitting the results of a medical examination
    conducted by a licensed physician;
        4. has not been convicted of more than 2 offenses
    against traffic regulations governing the movement of
    vehicles within a 12-month twelve month period;
        5. has not been convicted of reckless driving or
    driving under the influence or manslaughter or reckless
    homicide resulting from the operation of a motor vehicle
    within the past 3 years;
        6. has signed and submitted a written statement
    certifying that the person has not, through the unlawful
    operation of a motor vehicle, caused a crash which
    resulted in the death of any person within the 5 years
    immediately prior to the date of application.
    However, such day care centers, group homes, and child
care institutions may provide for transportation of a child or
children for special outings, functions, or purposes that are
not scheduled on a regular basis without verification that
drivers for such purposes meet the requirements of this
Section.
    (a-5) As a means of ensuring compliance with the
requirements set forth in subsection (a), the Department shall
implement appropriate measures to verify that every individual
who is employed at a group home or child care institution meets
those requirements.
    For every person employed at a group home or child care
institution who regularly transports children in the course of
performing the person's duties, the Department must make the
verification every 2 years. Upon the Department's request, the
Secretary of State shall provide the Department with the
information necessary to enable the Department to make the
verifications required under subsection (a).
    In the case of an individual employed at a group home or
child care institution who becomes subject to subsection (a)
for the first time after January 1, 2007 (the effective date of
Public Act 94-943) this amendatory Act of the 94th General
Assembly, the Department must make that verification with the
Secretary of State before the individual operates a motor
vehicle to transport a child or children under the
circumstances described in subsection (a).
    In the case of an individual employed at a group home or
child care institution who is subject to subsection (a) on
January 1, 2007 (the effective date of Public Act 94-943) this
amendatory Act of the 94th General Assembly, the Department
must make that verification with the Secretary of State within
30 days after January 1, 2007 that effective date.
    If the Department discovers that an individual fails to
meet the requirements set forth in subsection (a), the
Department shall promptly notify the appropriate group home or
child care institution.
    (b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to the
The Illinois Vehicle Code, and who is currently employed by a
school district or parochial school, or by a contractor with a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
    (c) The Department may, pursuant to Section 8 of this Act,
revoke the license of any day care center, group home, or child
care institution that fails to meet the requirements of this
Section.
    (d) A group home or child care institution that fails to
meet the requirements of this Section is guilty of a petty
offense and is subject to a fine of not more than $1,000. Each
day that a group home or child care institution fails to meet
the requirements of this Section is a separate offense.
(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
revised 9-21-23.)
 
    (225 ILCS 10/7.2)  (from Ch. 23, par. 2217.2)
    Sec. 7.2. Employer discrimination.
    (a) For purposes of this Section: ,
    "Employer" "employer" means a licensee or holder of a
permit subject to this Act.
    "Employee" means an employee of such an employer.
    (b) No employer shall discharge, demote, or suspend, or
threaten to discharge, demote, or suspend, or in any manner
discriminate against any employee who:
        (1) Makes any good faith oral or written complaint of
    any employer's violation of any licensing or other laws
    (including, but not limited to, laws concerning child
    abuse or the transportation of children) which may result
    in closure of the facility pursuant to Section 11.2 of
    this Act to the Department or other agency having
    statutory responsibility for the enforcement of such laws
    or to the employer or representative of the employer;
        (2) Institutes or causes to be instituted against any
    employer any proceeding concerning the violation of any
    licensing or other laws, including a proceeding to revoke
    or to refuse to renew a license under Section 9 of this
    Act;
        (3) Is or will be a witness or testify in any
    proceeding concerning the violation of any licensing or
    other laws, including a proceeding to revoke or to refuse
    to renew a license under Section 9 of this Act; or
        (4) Refuses to perform work in violation of a
    licensing or other law or regulation after notifying the
    employer of the violation.
    (c)(1) A claim by an employee alleging an employer's
violation of subsection (b) of this Section shall be presented
to the employer within 30 days after the date of the action
complained of and shall be filed with the Department of Labor
within 60 days after the date of the action complained of.
    (2) Upon receipt of the complaint, the Department of Labor
shall conduct whatever investigation it deems appropriate, and
may hold a hearing. After investigation or hearing, the
Department of Labor shall determine whether the employer has
violated subsection (b) of this Section and it shall notify
the employer and the employee of its determination.
    (3) If the Department of Labor determines that the
employer has violated subsection (b) of this Section, and the
employer refuses to take remedial action to comply with the
determination, the Department of Labor shall so notify the
Attorney General, who shall bring an action against the
employer in the circuit court seeking enforcement of its
determination. The court may order any appropriate relief,
including rehiring and reinstatement of the employee to the
person's former position with backpay and other benefits.
    (d) Except for any grievance procedure, arbitration, or
hearing which is available to the employee pursuant to a
collective bargaining agreement, this Section shall be the
exclusive remedy for an employee complaining of any action
described in subsection (b).
    (e) Any employer who willfully refuses to rehire, promote,
or otherwise restore an employee or former employee who has
been determined eligible for rehiring or promotion as a result
of any grievance procedure, arbitration, or hearing authorized
by law shall be guilty of a Class A misdemeanor.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
 
    (225 ILCS 10/18)  (from Ch. 23, par. 2228)
    Sec. 18. Any person, group of persons, association, or
corporation who:
    (1) conducts, operates, or acts as a child care facility
without a license or permit to do so in violation of Section 3
of this Act;
    (2) makes materially false statements in order to obtain a
license or permit;
    (3) fails to keep the records and make the reports
provided under this Act;
    (4) advertises any service not authorized by license or
permit held;
    (5) publishes any advertisement in violation of this Act;
    (6) receives within this State any child in violation of
Section 16 of this Act; or
    (7) violates any other provision of this Act or any
reasonable rule or regulation adopted and published by the
Department for the enforcement of the provisions of this Act,
is guilty of a Class A misdemeanor and in case of an
association or corporation, imprisonment may be imposed upon
its officers who knowingly participated in the violation.
    Any child care facility that continues to operate after
its license is revoked under Section 8 of this Act or after its
license expires and the Department refused to renew the
license as provided in Section 8 of this Act is guilty of a
business offense and shall be fined an amount in excess of $500
but not exceeding $10,000, and each day of violation is a
separate offense.
    In a prosecution under this Act, a defendant who relies
upon the relationship of any child to the defendant has the
burden of proof as to that relationship.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
 
    Section 385. The Illinois Dental Practice Act is amended
by changing Sections 4 and 17 as follows:
 
    (225 ILCS 25/4)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 4. Definitions. As used in this Act:
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
    "Department" means the Department of Financial and
Professional Regulation.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
    "Board" means the Board of Dentistry.
    "Dentist" means a person who has received a general
license pursuant to paragraph (a) of Section 11 of this Act and
who may perform any intraoral and extraoral procedure required
in the practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
    "Dental hygienist" means a person who holds a license
under this Act to perform dental services as authorized by
Section 18.
    "Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
    "Expanded function dental assistant" means a dental
assistant who has completed the training required by Section
17.1 of this Act.
    "Dental laboratory" means a person, firm, or corporation
which:
        (i) engages in making, providing, repairing, or
    altering dental prosthetic appliances and other artificial
    materials and devices which are returned to a dentist for
    insertion into the human oral cavity or which come in
    contact with its adjacent structures and tissues; and
        (ii) utilizes or employs a dental technician to
    provide such services; and
        (iii) performs such functions only for a dentist or
    dentists.
    "Supervision" means supervision of a dental hygienist or a
dental assistant requiring that a dentist authorize the
procedure, remain in the dental facility while the procedure
is performed, and approve the work performed by the dental
hygienist or dental assistant before dismissal of the patient,
but does not mean that the dentist must be present at all times
in the treatment room.
    "General supervision" means supervision of a dental
hygienist requiring that the patient be a patient of record,
that the dentist examine the patient in accordance with
Section 18 prior to treatment by the dental hygienist, and
that the dentist authorize the procedures which are being
carried out by a notation in the patient's record, but not
requiring that a dentist be present when the authorized
procedures are being performed. The issuance of a prescription
to a dental laboratory by a dentist does not constitute
general supervision.
    "Public member" means a person who is not a health
professional. For purposes of board membership, any person
with a significant financial interest in a health service or
profession is not a public member.
    "Dentistry" means the healing art which is concerned with
the examination, diagnosis, treatment planning, and care of
conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
    "Branches of dentistry" means the various specialties of
dentistry which, for purposes of this Act, shall be limited to
the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,
periodontics, prosthodontics, oral and maxillofacial
radiology, and dental anesthesiology.
    "Specialist" means a dentist who has received a specialty
license pursuant to Section 11(b).
    "Dental technician" means a person who owns, operates, or
is employed by a dental laboratory and engages in making,
providing, repairing, or altering dental prosthetic appliances
and other artificial materials and devices which are returned
to a dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues.
    "Impaired dentist" or "impaired dental hygienist" means a
dentist or dental hygienist who is unable to practice with
reasonable skill and safety because of a physical or mental
disability as evidenced by a written determination or written
consent based on clinical evidence, including deterioration
through the aging process, loss of motor skills, abuse of
drugs or alcohol, or a psychiatric disorder, of sufficient
degree to diminish the person's ability to deliver competent
patient care.
    "Nurse" means a registered professional nurse, a certified
registered nurse anesthetist licensed as an advanced practice
registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
    "Patient of record" means a patient for whom the patient's
most recent dentist has obtained a relevant medical and dental
history and on whom the dentist has performed an examination
and evaluated the condition to be treated.
    "Dental responder" means a dentist or dental hygienist who
is appropriately certified in disaster preparedness,
immunizations, and dental humanitarian medical response
consistent with the Society of Disaster Medicine and Public
Health and training certified by the National Incident
Management System or the National Disaster Life Support
Foundation.
    "Mobile dental van or portable dental unit" means any
self-contained or portable dental unit in which dentistry is
practiced that can be moved, towed, or transported from one
location to another in order to establish a location where
dental services can be provided.
    "Public health dental hygienist" means a hygienist who
holds a valid license to practice in the State, has 2 years of
full-time clinical experience or an equivalent of 4,000 hours
of clinical experience, and has completed at least 42 clock
hours of additional structured courses in dental education in
advanced areas specific to public health dentistry.
    "Public health setting" means a federally qualified health
center; a federal, State, or local public health facility;
Head Start; a special supplemental nutrition program for
Women, Infants, and Children (WIC) facility; a certified
school-based health center or school-based oral health
program; a prison; or a long-term care facility.
    "Public health supervision" means the supervision of a
public health dental hygienist by a licensed dentist who has a
written public health supervision agreement with that public
health dental hygienist while working in an approved facility
or program that allows the public health dental hygienist to
treat patients, without a dentist first examining the patient
and being present in the facility during treatment, (1) who
are eligible for Medicaid or (2) who are uninsured or whose
household income is not greater than 300% of the federal
poverty level.
    "Teledentistry" means the use of telehealth systems and
methodologies in dentistry and includes patient care and
education delivery using synchronous and asynchronous
communications under a dentist's authority as provided under
this Act.
(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
1-1-24; revised 12-15-23.)
 
    (225 ILCS 25/17)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 17. Acts constituting the practice of dentistry. A
person practices dentistry, within the meaning of this Act:
        (1) Who represents himself or herself as being able to
    diagnose or diagnoses, treats, prescribes, or operates for
    any disease, pain, deformity, deficiency, injury, or
    physical condition of the human tooth, teeth, alveolar
    process, gums, or jaw; or
        (2) Who is a manager, proprietor, operator, or
    conductor of a business where dental operations are
    performed; or
        (3) Who performs dental operations of any kind; or
        (4) Who uses an X-Ray machine or X-Ray films for
    dental diagnostic purposes; or
        (5) Who extracts a human tooth or teeth, or corrects
    or attempts to correct malpositions of the human teeth or
    jaws; or
        (6) Who offers or undertakes, by any means or method,
    to diagnose, treat, or remove stains, calculus, and
    bonding materials from human teeth or jaws; or
        (7) Who uses or administers local or general
    anesthetics in the treatment of dental or oral diseases or
    in any preparation incident to a dental operation of any
    kind or character; or
        (8) Who takes material or digital scans for final
    impressions of the human tooth, teeth, or jaws or performs
    any phase of any operation incident to the replacement of
    a part of a tooth, a tooth, teeth, or associated tissues by
    means of a filling, a crown, a bridge, a denture, or other
    appliance; or
        (9) Who offers to furnish, supply, construct,
    reproduce, or repair, or who furnishes, supplies,
    constructs, reproduces, or repairs, prosthetic dentures,
    bridges, or other substitutes for natural teeth, to the
    user or prospective user thereof; or
        (10) Who instructs students on clinical matters or
    performs any clinical operation included in the curricula
    of recognized dental schools and colleges; or
        (11) Who takes material or digital scans for final
    impressions of human teeth or places his or her hands in
    the mouth of any person for the purpose of applying teeth
    whitening materials, or who takes impressions of human
    teeth or places his or her hands in the mouth of any person
    for the purpose of assisting in the application of teeth
    whitening materials. A person does not practice dentistry
    when he or she discloses to the consumer that he or she is
    not licensed as a dentist under this Act and (i) discusses
    the use of teeth whitening materials with a consumer
    purchasing these materials; (ii) provides instruction on
    the use of teeth whitening materials with a consumer
    purchasing these materials; or (iii) provides appropriate
    equipment on-site to the consumer for the consumer to
    self-apply teeth whitening materials.
    The fact that any person engages in or performs, or offers
to engage in or perform, any of the practices, acts, or
operations set forth in this Section, shall be prima facie
evidence that such person is engaged in the practice of
dentistry.
    The following practices, acts, and operations, however,
are exempt from the operation of this Act:
        (a) The rendering of dental relief in emergency cases
    in the practice of his or her profession by a physician or
    surgeon, licensed as such under the laws of this State,
    unless he or she undertakes to reproduce or reproduces
    lost parts of the human teeth in the mouth or to restore or
    replace lost or missing teeth in the mouth; or
        (b) The practice of dentistry in the discharge of
    their official duties by dentists in any branch of the
    Armed Services of the United States, the United States
    Public Health Service, or the United States Veterans
    Administration; or
        (c) The practice of dentistry by students in their
    course of study in dental schools or colleges approved by
    the Department, when acting under the direction and
    supervision of dentists acting as instructors; or
        (d) The practice of dentistry by clinical instructors
    in the course of their teaching duties in dental schools
    or colleges approved by the Department:
            (i) when acting under the direction and
        supervision of dentists, provided that such clinical
        instructors have instructed continuously in this State
        since January 1, 1986; or
            (ii) when holding the rank of full professor at
        such approved dental school or college and possessing
        a current valid license or authorization to practice
        dentistry in another country; or
        (e) The practice of dentistry by licensed dentists of
    other states or countries at meetings of the Illinois
    State Dental Society or component parts thereof, alumni
    meetings of dental colleges, or any other like dental
    organizations, while appearing as clinicians; or
        (f) The use of X-Ray machines for exposing X-Ray films
    of dental or oral tissues by dental hygienists or dental
    assistants; or
        (g) The performance of any dental service by a dental
    assistant, if such service is performed under the
    supervision and full responsibility of a dentist. In
    addition, after being authorized by a dentist, a dental
    assistant may, for the purpose of eliminating pain or
    discomfort, remove loose, broken, or irritating
    orthodontic appliances on a patient of record.
        For purposes of this paragraph (g), "dental service"
    is defined to mean any intraoral procedure or act which
    shall be prescribed by rule or regulation of the
    Department. "Dental service", however, shall not include:
            (1) Any and all diagnosis of or prescription for
        treatment of disease, pain, deformity, deficiency,
        injury, or physical condition of the human teeth or
        jaws, or adjacent structures.
            (2) Removal of, restoration of, or addition to the
        hard or soft tissues of the oral cavity, except for the
        placing, carving, and finishing of amalgam
        restorations and placing, packing, and finishing
        composite restorations by dental assistants who have
        had additional formal education and certification.
            A dental assistant may place, carve, and finish
        amalgam restorations, place, pack, and finish
        composite restorations, and place interim restorations
        if he or she (A) has successfully completed a
        structured training program as described in item (2)
        of subsection (g) provided by an educational
        institution accredited by the Commission on Dental
        Accreditation, such as a dental school or dental
        hygiene or dental assistant program, or (B) has at
        least 4,000 hours of direct clinical patient care
        experience and has successfully completed a structured
        training program as described in item (2) of
        subsection (g) provided by a statewide dental
        association, approved by the Department to provide
        continuing education, that has developed and conducted
        training programs for expanded functions for dental
        assistants or hygienists. The training program must:
        (i) include a minimum of 16 hours of didactic study and
        14 hours of clinical manikin instruction; all training
        programs shall include areas of study in nomenclature,
        caries classifications, oral anatomy, periodontium,
        basic occlusion, instrumentations, pulp protection
        liners and bases, dental materials, matrix and wedge
        techniques, amalgam placement and carving, rubber dam
        clamp placement, and rubber dam placement and removal;
        (ii) include an outcome assessment examination that
        demonstrates competency; (iii) require the supervising
        dentist to observe and approve the completion of 8
        amalgam or composite restorations; and (iv) issue a
        certificate of completion of the training program,
        which must be kept on file at the dental office and be
        made available to the Department upon request. A
        dental assistant must have successfully completed an
        approved coronal polishing and dental sealant course
        prior to taking the amalgam and composite restoration
        course.
            A dentist utilizing dental assistants shall not
        supervise more than 4 dental assistants at any one
        time for placing, carving, and finishing of amalgam
        restorations or for placing, packing, and finishing
        composite restorations.
            (3) Any and all correction of malformation of
        teeth or of the jaws.
            (4) Administration of anesthetics, except for
        monitoring of nitrous oxide, conscious sedation, deep
        sedation, and general anesthetic as provided in
        Section 8.1 of this Act, that may be performed only
        after successful completion of a training program
        approved by the Department. A dentist utilizing dental
        assistants shall not supervise more than 4 dental
        assistants at any one time for the monitoring of
        nitrous oxide.
            (5) Removal of calculus from human teeth.
            (6) Taking of material or digital scans for final
        impressions for the fabrication of prosthetic
        appliances, crowns, bridges, inlays, onlays, or other
        restorative or replacement dentistry.
            (7) The operative procedure of dental hygiene
        consisting of oral prophylactic procedures, except for
        coronal polishing and pit and fissure sealants, which
        may be performed by a dental assistant who has
        successfully completed a training program approved by
        the Department. Dental assistants may perform coronal
        polishing under the following circumstances: (i) the
        coronal polishing shall be limited to polishing the
        clinical crown of the tooth and existing restorations,
        supragingivally; (ii) the dental assistant performing
        the coronal polishing shall be limited to the use of
        rotary instruments using a rubber cup or brush
        polishing method (air polishing is not permitted); and
        (iii) the supervising dentist shall not supervise more
        than 4 dental assistants at any one time for the task
        of coronal polishing or pit and fissure sealants.
            In addition to coronal polishing and pit and
        fissure sealants as described in this item (7), a
        dental assistant who has at least 2,000 hours of
        direct clinical patient care experience and who has
        successfully completed a structured training program
        provided by (1) an educational institution including,
        but not limited to, a dental school or dental hygiene
        or dental assistant program, (2) a continuing
        education provider approved by the Department, or (3)
        a statewide dental or dental hygienist association
        that has developed and conducted a training program
        for expanded functions for dental assistants or
        hygienists may perform: (A) coronal scaling above the
        gum line, supragingivally, on the clinical crown of
        the tooth only on patients 17 years of age or younger
        who have an absence of periodontal disease and who are
        not medically compromised or individuals with special
        needs and (B) intracoronal temporization of a tooth.
        The training program must: (I) include a minimum of 32
        hours of instruction in both didactic and clinical
        manikin or human subject instruction; all training
        programs shall include areas of study in dental
        anatomy, public health dentistry, medical history,
        dental emergencies, and managing the pediatric
        patient; (II) include an outcome assessment
        examination that demonstrates competency; (III)
        require the supervising dentist to observe and approve
        the completion of 6 full mouth supragingival scaling
        procedures unless the training was received as part of
        a Commission on Dental Accreditation approved dental
        assistant program; and (IV) issue a certificate of
        completion of the training program, which must be kept
        on file at the dental office and be made available to
        the Department upon request. A dental assistant must
        have successfully completed an approved coronal
        polishing course prior to taking the coronal scaling
        course. A dental assistant performing these functions
        shall be limited to the use of hand instruments only.
        In addition, coronal scaling as described in this
        paragraph shall only be utilized on patients who are
        eligible for Medicaid, who are uninsured, or whose
        household income is not greater than 300% of the
        federal poverty level. A dentist may not supervise
        more than 2 dental assistants at any one time for the
        task of coronal scaling. This paragraph is inoperative
        on and after January 1, 2026.
        The limitations on the number of dental assistants a
    dentist may supervise contained in items (2), (4), and (7)
    of this paragraph (g) mean a limit of 4 total dental
    assistants or dental hygienists doing expanded functions
    covered by these Sections being supervised by one dentist;
    or
        (h) The practice of dentistry by an individual who:
            (i) has applied in writing to the Department, in
        form and substance satisfactory to the Department, for
        a general dental license and has complied with all
        provisions of Section 9 of this Act, except for the
        passage of the examination specified in subsection (e)
        of Section 9 of this Act; or
            (ii) has applied in writing to the Department, in
        form and substance satisfactory to the Department, for
        a temporary dental license and has complied with all
        provisions of subsection (c) of Section 11 of this
        Act; and
            (iii) has been accepted or appointed for specialty
        or residency training by a hospital situated in this
        State; or
            (iv) has been accepted or appointed for specialty
        training in an approved dental program situated in
        this State; or
            (v) has been accepted or appointed for specialty
        training in a dental public health agency situated in
        this State.
        The applicant shall be permitted to practice dentistry
    for a period of 3 months from the starting date of the
    program, unless authorized in writing by the Department to
    continue such practice for a period specified in writing
    by the Department.
        The applicant shall only be entitled to perform such
    acts as may be prescribed by and incidental to his or her
    program of residency or specialty training and shall not
    otherwise engage in the practice of dentistry in this
    State.
        The authority to practice shall terminate immediately
    upon:
            (1) the decision of the Department that the
        applicant has failed the examination; or
            (2) denial of licensure by the Department; or
            (3) withdrawal of the application.
(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
 
    Section 390. The Health Care Worker Background Check Act
is amended by changing Section 25 as follows:
 
    (225 ILCS 46/25)
    Sec. 25. Hiring of people with criminal records by health
care employers and long-term care facilities.
    (a) A health care employer or long-term care facility may
hire, employ, or retain any individual in a position involving
direct care for clients, patients, or residents, or access to
the living quarters or the financial, medical, or personal
records of clients, patients, or residents who has been
convicted of committing or attempting to commit one or more of
the following offenses under the laws of this State, or of an
offense that is substantially equivalent to the following
offenses under the laws of any other state or of the laws of
the United States, as verified by court records, records from
a state agency, or a Federal Bureau of Investigation criminal
history records check, only with a waiver described in Section
40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,
12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
in subsection (a) of Section 12-3 or subsection (a) or (b) of
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
Code of 2012; those provided in Section 4 of the Wrongs to
Children Act; those provided in Section 53 of the Criminal
Jurisprudence Act; those defined in subsection (c), (d), (e),
(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
Cannabis Control Act; those defined in the Methamphetamine
Control and Community Protection Act; those defined in
Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
Illinois Controlled Substances Act; or subsection (a) of
Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
for Animals Act.
    (a-1) A health care employer or long-term care facility
may hire, employ, or retain any individual in a position
involving direct care for clients, patients, or residents, or
access to the living quarters or the financial, medical, or
personal records of clients, patients, or residents who has
been convicted of committing or attempting to commit one or
more of the following offenses under the laws of this State, or
of an offense that is substantially equivalent to the
following offenses under the laws of any other state or of the
laws of the United States, as verified by court records,
records from a state agency, or a Federal Bureau of
Investigation criminal history records check, only with a
waiver described in Section 40: those offenses defined in
Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
24-3.2, or 24-3.3, or subsection (b) of Section 17-32,
subsection (b) of Section 18-1, or subsection (b) of Section
20-1, of the Criminal Code of 1961 or the Criminal Code of
2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
and Debit Card Act; or Section 11-9.1A of the Criminal Code of
1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
to Children Act; or (ii) violated Section 50-50 of the Nurse
Practice Act.
    A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care
facility is required to retain an individual in a position
with duties that involve or may involve contact with residents
or access to the living quarters or the financial, medical, or
personal records of residents, who has been convicted of
committing or attempting to commit one or more of the offenses
enumerated in this subsection.
    (b) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents, and no long-term care facility shall
knowingly hire, employ, or retain, whether paid or on a
volunteer basis, any individual in a position with duties that
involve or may involve contact with residents or access to the
living quarters or the financial, medical, or personal records
of residents, if the health care employer becomes aware that
the individual has been convicted in another state of
committing or attempting to commit an offense that has the
same or similar elements as an offense listed in subsection
(a) or (a-1), as verified by court records, records from a
state agency, or an FBI criminal history record check, unless
the applicant or employee obtains a waiver pursuant to Section
40 of this Act. This shall not be construed to mean that a
health care employer has an obligation to conduct a criminal
history records check in other states in which an employee has
resided.
    (c) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents, who has a finding by the Department of
abuse, neglect, misappropriation of property, or theft denoted
on the Health Care Worker Registry.
    (d) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents if the individual has a verified and
substantiated finding of abuse, neglect, or financial
exploitation, as identified within the Adult Protective
Service Registry established under Section 7.5 of the Adult
Protective Services Act.
    (e) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual
in a position with duties involving direct care of clients,
patients, or residents who has a finding by the Department of
Human Services denoted on the Health Care Worker Registry of
physical or sexual abuse, financial exploitation, egregious
neglect, or material obstruction of an investigation.
(Source: P.A. 103-76, eff. 6-9-23; 103-428, eff. 1-1-24;
revised 12-15-23.)
 
    Section 395. The Music Therapy Licensing and Practice Act
is amended by changing Section 95 as follows:
 
    (225 ILCS 56/95)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 95. Grounds for discipline.
    (a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or nondisciplinary action as the Department deems
appropriate, including the issuance of fines not to exceed
$10,000 for each violation, with regard to any license for any
one or more of the following:
        (1) Material misstatement in furnishing information to
    the Department or to any other State agency.
        (2) Violations or negligent or intentional disregard
    of this Act, or any of its rules.
        (3) Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or
    sentencing, including, but not limited to, convictions,
    preceding sentences of supervision, conditional discharge,
    or first offender probation, under the laws of any
    jurisdiction of the United States (i) that is a felony or
    (ii) that is a misdemeanor, an essential element of which
    is dishonesty, or that is directly related to the practice
    of music therapy.
        (4) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this
    Act or its rules.
        (5) Negligence in the rendering of music therapy
    services.
        (6) Aiding or assisting another person in violating
    any provision of this Act or any of its rules.
        (7) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (8) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public and violating the rules of
    professional conduct adopted by the Department.
        (9) Failing to maintain the confidentiality of any
    information received from a client, unless otherwise
    authorized or required by law.
        (10) Failure to maintain client records of services
    provided and provide copies to clients upon request.
        (11) Exploiting a client for personal advantage,
    profit, or interest.
        (12) Habitual or excessive use or addiction to
    alcohol, narcotics, stimulants, or any other chemical
    agent or drug which results in inability to practice with
    reasonable skill, judgment, or safety.
        (13) Discipline by another governmental agency or unit
    of government, by any jurisdiction of the United States,
    or by a foreign nation, if at least one of the grounds for
    the discipline is the same or substantially equivalent to
    those set forth in this Section.
        (14) Directly or indirectly giving to or receiving
    from any person, firm, corporation, partnership, or
    association any fee, commission, rebate, or other form of
    compensation for any professional service not actually
    rendered. Nothing in this paragraph affects any bona fide
    independent contractor or employment arrangements among
    health care professionals, health facilities, health care
    providers, or other entities, except as otherwise
    prohibited by law. Any employment arrangements may include
    provisions for compensation, health insurance, pension, or
    other employment benefits for the provision of services
    within the scope of the licensee's practice under this
    Act. Nothing in this paragraph shall be construed to
    require an employment arrangement to receive professional
    fees for services rendered.
        (15) A finding by the Department that the licensee,
    after having the license placed on probationary status,
    has violated the terms of probation.
        (16) Failing to refer a client to other health care
    professionals when the licensee is unable or unwilling to
    adequately support or serve the client.
        (17) Willfully filing false reports relating to a
    licensee's practice, including, but not limited to, false
    records filed with federal or State agencies or
    departments.
        (18) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (19) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    pursuant to the Abused and Neglected Child Reporting Act,
    and upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (20) Physical or mental disability, including
    deterioration through the aging process or loss of
    abilities and skills which results in the inability to
    practice the profession with reasonable judgment, skill,
    or safety.
        (21) Solicitation of professional services by using
    false or misleading advertising.
        (22) Fraud or making any misrepresentation in applying
    for or procuring a license under this Act or in connection
    with applying for renewal of a license under this Act.
        (23) Practicing or attempting to practice under a name
    other than the full name as shown on the license or any
    other legally authorized name.
        (24) Gross overcharging for professional services,
    including filing statements for collection of fees or
    moneys for which services are not rendered.
        (25) Charging for professional services not rendered,
    including filing false statements for the collection of
    fees for which services are not rendered.
        (26) Allowing one's license under this Act to be used
    by an unlicensed person in violation of this Act.
    (b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code shall result in an automatic suspension of the licensee's
license. The suspension will end upon a finding by a court that
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the determination of the
Secretary that the licensee be allowed to resume professional
practice.
    (c) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Department of Revenue
until the requirements of the Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
    (d) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
    (e) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(Source: P.A. 102-993, eff. 5-27-22; revised 1-3-24.)
 
    Section 400. The Licensed Certified Professional Midwife
Practice Act is amended by changing Section 100 as follows:
 
    (225 ILCS 64/100)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 100. Grounds for disciplinary action.
    (a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the
following causes:
        (1) Material misstatement in furnishing information to
    the Department.
        (2) Violations of this Act, or the rules adopted under
    this Act.
        (3) Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or
    sentencing, including, but not limited to, convictions,
    preceding sentences of supervision, conditional discharge,
    or first offender probation, under the laws of any
    jurisdiction of the United States that is: (i) a felony;
    or (ii) a misdemeanor, an essential element of which is
    dishonesty, or that is directly related to the practice of
    the profession.
        (4) Making any misrepresentation for the purpose of
    obtaining licenses.
        (5) Professional incompetence.
        (6) Aiding or assisting another person in violating
    any provision of this Act or its rules.
        (7) Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        (8) Engaging in dishonorable, unethical, or
    unprofessional conduct, as defined by rule, of a character
    likely to deceive, defraud, or harm the public.
        (9) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in a midwife's inability to practice with
    reasonable judgment, skill, or safety.
        (10) Discipline by another U.S. jurisdiction or
    foreign nation, if at least one of the grounds for
    discipline is the same or substantially equivalent to
    those set forth in this Section.
        (11) Directly or indirectly giving to or receiving
    from any person, firm, corporation, partnership, or
    association any fee, commission, rebate or other form of
    compensation for any professional services not actually or
    personally rendered. Nothing in this paragraph affects any
    bona fide independent contractor or employment
    arrangements, including provisions for compensation,
    health insurance, pension, or other employment benefits,
    with persons or entities authorized under this Act for the
    provision of services within the scope of the licensee's
    practice under this Act.
        (12) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
        (13) Abandonment of a patient.
        (14) Willfully making or filing false records or
    reports in his or her practice, including, but not limited
    to, false records filed with state agencies or
    departments.
        (15) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (16) Physical illness, or mental illness or impairment
    that results in the inability to practice the profession
    with reasonable judgment, skill, or safety, including, but
    not limited to, deterioration through the aging process or
    loss of motor skill.
        (17) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (18) Gross negligence resulting in permanent injury or
    death of a patient.
        (19) Employment of fraud, deception, or any unlawful
    means in applying for or securing a license as a licensed
    certified professional profession midwife.
        (21) Immoral conduct in the commission of any act,
    including sexual abuse, sexual misconduct, or sexual
    exploitation related to the licensee's practice.
        (22) Violation of the Health Care Worker Self-Referral
    Act.
        (23) Practicing under a false or assumed name, except
    as provided by law.
        (24) Making a false or misleading statement regarding
    his or her skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by him or her in the
    course of treatment.
        (25) Allowing another person to use his or her license
    to practice.
        (26) Prescribing, selling, administering,
    distributing, giving, or self-administering a drug
    classified as a controlled substance for purposes other
    than medically accepted medically-accepted therapeutic
    purposes.
        (27) Promotion of the sale of drugs, devices,
    appliances, or goods provided for a patient in a manner to
    exploit the patient for financial gain.
        (28) A pattern of practice or other behavior that
    demonstrates incapacity or incompetence to practice under
    this Act.
        (29) Violating State or federal laws, rules, or
    regulations relating to controlled substances or other
    legend drugs or ephedra as defined in the Ephedra
    Prohibition Act.
        (30) Failure to establish and maintain records of
    patient care and treatment as required by law.
        (31) Attempting to subvert or cheat on the examination
    of the North American Registry of Midwives or its
    successor agency.
        (32) Willfully or negligently violating the
    confidentiality between licensed certified professional
    profession midwives and patient, except as required by
    law.
        (33) Willfully failing to report an instance of
    suspected abuse, neglect, financial exploitation, or
    self-neglect of an eligible adult as defined in and
    required by the Adult Protective Services Act.
        (34) Being named as an abuser in a verified report by
    the Department on Aging under the Adult Protective
    Services Act and upon proof by clear and convincing
    evidence that the licensee abused, neglected, or
    financially exploited an eligible adult as defined in the
    Adult Protective Services Act.
        (35) Failure to report to the Department an adverse
    final action taken against him or her by another licensing
    jurisdiction of the United States or a foreign state or
    country, a peer review body, a health care institution, a
    professional society or association, a governmental
    agency, a law enforcement agency, or a court.
        (36) Failure to provide copies of records of patient
    care or treatment, except as required by law.
        (37) Failure of a licensee to report to the Department
    surrender by the licensee of a license or authorization to
    practice in another state or jurisdiction or current
    surrender by the licensee of membership professional
    association or society while under disciplinary
    investigation by any of those authorities or bodies for
    acts or conduct similar to acts or conduct that would
    constitute grounds for action under this Section.
        (38) Failing, within 90 days, to provide a response to
    a request for information in response to a written request
    made by the Department by certified or registered mail or
    by email to the email address of record.
        (39) Failure to supervise a midwife assistant or
    student midwife including, but not limited to, allowing a
    midwife assistant or student midwife to exceed their
    scope.
        (40) Failure to adequately inform a patient about
    their malpractice liability insurance coverage and the
    policy limits of the coverage.
        (41) Failure to submit an annual report to the
    Department of Public Health.
        (42) Failure to disclose active cardiopulmonary
    resuscitation certification or neonatal resuscitation
    provider status to clients.
        (43) Engaging in one of the prohibited practices
    provided for in Section 85 of this Act.
    (b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty, or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until the requirements of any
such tax Act are satisfied.
    (c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
    (d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, including a substance abuse or sexual
offender evaluation, as required by and at the expense of the
Department.
    The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
    The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
    The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
    The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
    Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
    If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
    In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 102-683, eff. 10-1-22; revised 1-30-24.)
 
    Section 405. The Physician Assistant Practice Act of 1987
is amended by changing Section 7.5 as follows:
 
    (225 ILCS 95/7.5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 7.5. Written collaborative agreements; prescriptive
authority.
    (a) A written collaborative agreement is required for all
physician assistants to practice in the State, except as
provided in Section 7.7 of this Act.
        (1) A written collaborative agreement shall describe
    the working relationship of the physician assistant with
    the collaborating physician and shall describe the
    categories of care, treatment, or procedures to be
    provided by the physician assistant. The written
    collaborative agreement shall promote the exercise of
    professional judgment by the physician assistant
    commensurate with his or her education and experience. The
    services to be provided by the physician assistant shall
    be services that the collaborating physician is authorized
    to and generally provides to his or her patients in the
    normal course of his or her clinical medical practice. The
    written collaborative agreement need not describe the
    exact steps that a physician assistant must take with
    respect to each specific condition, disease, or symptom
    but must specify which authorized procedures require the
    presence of the collaborating physician as the procedures
    are being performed. The relationship under a written
    collaborative agreement shall not be construed to require
    the personal presence of a physician at the place where
    services are rendered. Methods of communication shall be
    available for consultation with the collaborating
    physician in person or by telecommunications or electronic
    communications as set forth in the written collaborative
    agreement. For the purposes of this Act, "generally
    provides to his or her patients in the normal course of his
    or her clinical medical practice" means services, not
    specific tasks or duties, the collaborating physician
    routinely provides individually or through delegation to
    other persons so that the physician has the experience and
    ability to collaborate and provide consultation.
        (2) The written collaborative agreement shall be
    adequate if a physician does each of the following:
            (A) Participates in the joint formulation and
        joint approval of orders or guidelines with the
        physician assistant and he or she periodically reviews
        such orders and the services provided patients under
        such orders in accordance with accepted standards of
        medical practice and physician assistant practice.
            (B) Provides consultation at least once a month.
        (3) A copy of the signed, written collaborative
    agreement must be available to the Department upon request
    from both the physician assistant and the collaborating
    physician.
        (4) A physician assistant shall inform each
    collaborating physician of all written collaborative
    agreements he or she has signed and provide a copy of these
    to any collaborating physician upon request.
    (b) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement. This authority may,
but is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing medical devices, over-the-counter
over the counter medications, legend drugs, medical gases, and
controlled substances categorized as Schedule II through V
controlled substances, as defined in Article II of the
Illinois Controlled Substances Act, and other preparations,
including, but not limited to, botanical and herbal remedies.
The collaborating physician must have a valid, current
Illinois controlled substance license and federal registration
with the Drug Enforcement Administration to delegate the
authority to prescribe controlled substances.
        (1) To prescribe Schedule II, III, IV, or V controlled
    substances under this Section, a physician assistant must
    obtain a mid-level practitioner controlled substances
    license. Medication orders issued by a physician assistant
    shall be reviewed periodically by the collaborating
    physician.
        (2) The collaborating physician shall file with the
    Department notice of delegation of prescriptive authority
    to a physician assistant and termination of delegation,
    specifying the authority delegated or terminated. Upon
    receipt of this notice delegating authority to prescribe
    controlled substances, the physician assistant shall be
    eligible to register for a mid-level practitioner
    controlled substances license under Section 303.05 of the
    Illinois Controlled Substances Act. Nothing in this Act
    shall be construed to limit the delegation of tasks or
    duties by the collaborating physician to a nurse or other
    appropriately trained persons in accordance with Section
    54.2 of the Medical Practice Act of 1987.
        (3) In addition to the requirements of this subsection
    (b), a collaborating physician may, but is not required
    to, delegate authority to a physician assistant to
    prescribe Schedule II controlled substances, if all of the
    following conditions apply:
            (A) Specific Schedule II controlled substances by
        oral dosage or topical or transdermal application may
        be delegated, provided that the delegated Schedule II
        controlled substances are routinely prescribed by the
        collaborating physician. This delegation must identify
        the specific Schedule II controlled substances by
        either brand name or generic name. Schedule II
        controlled substances to be delivered by injection or
        other route of administration may not be delegated.
            (B) (Blank).
            (C) Any prescription must be limited to no more
        than a 30-day supply, with any continuation authorized
        only after prior approval of the collaborating
        physician.
            (D) The physician assistant must discuss the
        condition of any patients for whom a controlled
        substance is prescribed monthly with the collaborating
        physician.
            (E) The physician assistant meets the education
        requirements of Section 303.05 of the Illinois
        Controlled Substances Act.
    (c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
Nothing in this Act shall be construed to authorize a
physician assistant to provide health care services required
by law or rule to be performed by a physician. Nothing in this
Act shall be construed to authorize the delegation or
performance of operative surgery. Nothing in this Section
shall be construed to preclude a physician assistant from
assisting in surgery.
    (c-5) Nothing in this Section shall be construed to apply
to any medication authority, including Schedule II controlled
substances of a licensed physician assistant for care provided
in a hospital, hospital affiliate, federally qualified health
center, or ambulatory surgical treatment center pursuant to
Section 7.7 of this Act.
    (d) (Blank).
    (e) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
revised 1-2-24.)
 
    Section 410. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 25.2 as follows:
 
    (225 ILCS 115/25.2)  (from Ch. 111, par. 7025.2)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 25.2. Investigation; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons holding or claiming to hold a license or
certificate. The Department shall, before refusing to issue,
to renew or discipline a license or certificate under Section
25, at least 30 days prior to the date set for the hearing,
notify the applicant or licensee in writing of the nature of
the charges and the time and place for a hearing on the
charges. The Department shall direct the applicant,
certificate holder, or licensee to file a written answer to
the charges with the Board under oath within 20 days after the
service of the notice and inform the applicant, certificate
holder, or licensee that failure to file an answer will result
in default being taken against the applicant, certificate
holder, or licensee. At the time and place fixed in the notice,
the Department shall proceed to hear the charges and the
parties or their counsel shall be accorded ample opportunity
to present any pertinent statements, testimony, evidence, and
arguments. The Department may continue the hearing from time
to time. In case the person, after receiving the notice, fails
to file an answer, his or her license may, in the discretion of
the Department, be revoked, suspended, placed on probationary
status, or the Department may take whatever disciplinary
action considered proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without a hearing, if the act or acts charged
constitute sufficient grounds for that action under the Act.
The written notice and any notice in the subsequent proceeding
may be served by registered or certified mail to the
licensee's address of record or, if in the course of the
administrative proceeding the party has previously designated
a specific email address at which to accept electronic service
for that specific proceeding, by sending a copy by email to the
party's an email address on record.
(Source: P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24;
revised 9-28-23.)
 
    Section 415. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 75 as follows:
 
    (225 ILCS 130/75)
    (Section scheduled to be repealed on January 1, 2029)
    Sec. 75. Grounds for disciplinary action.
    (a) The Department may refuse to issue, renew, or restore
a registration, may revoke or suspend a registration, or may
place on probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person registered
under this Act, including, but not limited to, the imposition
of fines not to exceed $10,000 for each violation and the
assessment of costs as provided for in Section 90, for any one
or combination of the following causes:
        (1) Making a material misstatement in furnishing
    information to the Department.
        (2) Violating a provision of this Act or rules adopted
    under this Act.
        (3) Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or by
    sentencing of any crime, including, but not limited to,
    convictions, preceding sentences of supervision,
    conditional discharge, or first offender probation, under
    the laws of any jurisdiction of the United States that is
    (i) a felony or (ii) a misdemeanor, an essential element
    of which is dishonesty, or that is directly related to the
    practice of the profession.
        (4) Fraud or misrepresentation in applying for,
    renewing, restoring, reinstating, or procuring a
    registration under this Act.
        (5) Aiding or assisting another person in violating a
    provision of this Act or its rules.
        (6) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (7) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public, as defined by rule of the
    Department.
        (8) Discipline by another United States jurisdiction,
    governmental agency, unit of government, or foreign
    nation, if at least one of the grounds for discipline is
    the same or substantially equivalent to those set forth in
    this Section.
        (9) Directly or indirectly giving to or receiving from
    a person, firm, corporation, partnership, or association a
    fee, commission, rebate, or other form of compensation for
    professional services not actually or personally rendered.
    Nothing in this paragraph (9) affects any bona fide
    independent contractor or employment arrangements among
    health care professionals, health facilities, health care
    providers, or other entities, except as otherwise
    prohibited by law. Any employment arrangements may include
    provisions for compensation, health insurance, pension, or
    other employment benefits for the provision of services
    within the scope of the registrant's practice under this
    Act. Nothing in this paragraph (9) shall be construed to
    require an employment arrangement to receive professional
    fees for services rendered.
        (10) A finding by the Department that the registrant,
    after having the registration placed on probationary
    status, has violated the terms of probation.
        (11) Willfully making or filing false records or
    reports in the practice, including, but not limited to,
    false records or reports filed with State agencies.
        (12) Willfully making or signing a false statement,
    certificate, or affidavit to induce payment.
        (13) Willfully failing to report an instance of
    suspected child abuse or neglect as required under the
    Abused and Neglected Child Reporting Act.
        (14) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act and
    upon proof by clear and convincing evidence that the
    registrant has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (15) (Blank).
        (16) Failure to report to the Department (A) any
    adverse final action taken against the registrant by
    another registering or licensing jurisdiction, government
    agency, law enforcement agency, or any court or (B)
    liability for conduct that would constitute grounds for
    action as set forth in this Section.
        (17) Habitual or excessive use or abuse of drugs
    defined in law as controlled substances, alcohol, or any
    other substance that results in the inability to practice
    with reasonable judgment, skill, or safety.
        (18) Physical or mental illness, including, but not
    limited to, deterioration through the aging process or
    loss of motor skills, which results in the inability to
    practice the profession for which the person is registered
    with reasonable judgment, skill, or safety.
        (19) Gross malpractice.
        (20) Immoral conduct in the commission of an act
    related to the registrant's practice, including, but not
    limited to, sexual abuse, sexual misconduct, or sexual
    exploitation.
        (21) Violation of the Health Care Worker Self-Referral
    Act.
    (b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Regulation Law of the Civil
Administrative Code of Illinois.
    (b-1) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based solely upon the registered surgical
assistant or registered surgical technologist providing,
authorizing, recommending, aiding, assisting, referring for,
or otherwise participating in any health care service, so long
as the care was not unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
    (b-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license issued under this Act to practice
as a registered surgical assistant or registered surgical
technologist based upon the registered surgical assistant's or
registered surgical technologist's license being revoked or
suspended, or the registered surgical assistant's or
registered surgical technologist's being otherwise disciplined
by any other state, if that revocation, suspension, or other
form of discipline was based solely on the registered surgical
assistant or registered surgical technologist violating
another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for the registered surgical assistant
or registered surgical technologist practicing in this State.
    (b-3) The conduct specified in subsection (b-1) or (b-2)
shall not constitute grounds for suspension under Section 145.
    (b-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State. Nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
    (c) The determination by a circuit court that a registrant
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the
patient, and (3) filing of a petition for restoration
demonstrating fitness to practice.
    (d) (Blank).
    (e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential
registrant is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's registration or may
take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
    (f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
and evaluation, or both, that may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation,
or both. The multidisciplinary team shall be led by a
physician licensed to practice medicine in all of its branches
and may consist of one or more or a combination of physicians
licensed to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
    The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining
physician or any member of the multidisciplinary team. No
authorization is necessary from the registrant or applicant
ordered to undergo an evaluation and examination for the
examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation. The individual to be examined may
have, at the individual's own expense, another physician of
the individual's choice present during all aspects of the
examination.
    Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of
the reasons set forth in this Section, the Department shall
require such registrant to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed registration.
    When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
    Individuals registered under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their registration.
    (g) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
    (f) The Department may adopt rules to implement the
changes made by Public Act 102-1117 this amendatory Act of the
102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
revised 12-15-23.)
 
    Section 420. The Solid Waste Site Operator Certification
Law is amended by changing Section 1011 as follows:
 
    (225 ILCS 230/1011)
    Sec. 1011. Fees.
    (a) Fees for the issuance or renewal of a Solid Waste Site
Operator Certificate shall be as follows:
        (1)(A) $400 for issuance or renewal for Solid Waste
    Site Operators;
        (B) (blank); and
        (C) $100 for issuance or renewal for special waste
    endorsements.
    (2) If the fee for renewal is not paid within the grace
period, the above fees for renewal shall each be increased by
$50.
    (b) (Blank).
    (c) All fees collected by the Agency under this Section
shall be deposited into the Environmental Protection Permit
and Inspection Fund to be used in accordance with the
provisions of subsection (a) of Section 22.8 of the
Environmental Protection Act.
(Source: P.A. 102-1017, eff. 1-1-23; 102-1071, eff. 6-10-22;
103-154, eff. 6-30-23; revised 9-21-23.)
 
    Section 425. The Illinois Plumbing License Law is amended
by changing Section 13.1 as follows:
 
    (225 ILCS 320/13.1)
    Sec. 13.1. Plumbing contractors; registration;
applications.
    (1) On and after May 1, 2002, all persons or corporations
desiring to engage in the business of plumbing contractor,
other than any entity that maintains an audited net worth of
shareholders' equity equal to or exceeding $100,000,000, shall
register in accordance with the provisions of this Act.
    (2) Application for registration shall be filed with the
Department each year, on or before the last day of September,
in writing and on forms prepared and furnished by the
Department. All plumbing contractor registrations expire on
the last day of September of each year.
    (3) Applications shall contain the name, address, and
telephone number of the person and the plumbing license of (i)
the individual, if a sole proprietorship; (ii) the partner, if
a partnership; or (iii) an officer, if a corporation. The
application shall contain the business name, address, and
telephone number, a current copy of the plumbing license, and
any other information the Department may require by rule.
    (4) Applicants shall submit an original certificate of
insurance documenting that the contractor carries general
liability insurance with a minimum of $100,000 per occurrence,
a minimum of $300,000 aggregate for bodily injury, property
damage insurance with a minimum of $50,000 or a minimum of
$300,000 combined single limit, and workers compensation
insurance with a minimum $500,000 employer's liability. No
registration may be issued in the absence of this certificate.
Certificates must be in force at all times for registration to
remain valid.
    (5) Applicants shall submit, on a form provided by the
Department, an indemnification bond in the amount of $20,000
or a letter of credit in the same amount for work performed in
accordance with this Act and the rules promulgated under this
Act.
    (5.5) The Department, upon notification by the Illinois
Workers' Compensation Commission or the Department of
Insurance, shall refuse the issuance or renewal of a license
to, or suspend or revoke the license of, any individual,
corporation, partnership, or other business entity that has
been found by the Illinois Workers' Compensation Commission or
the Department of Insurance to have failed:
        (a) to secure workers' compensation obligations in the
    manner required by subsections (a) and (b) of Section 4 of
    the Workers' Compensation Act;
        (b) to pay in full a fine or penalty imposed by the
    Illinois Workers' Compensation Commission or the
    Department of Insurance due to a failure to secure
    workers' compensation obligations in the manner required
    by subsections (a) and (b) of Section 4 of the Workers'
    Compensation Act; or
        (c) to fulfill all obligations assumed pursuant to any
    settlement reached with the Illinois Workers' Compensation
    Commission or the Department of Insurance due to a failure
    to secure workers' compensation obligations in the manner
    required by subsections (a) and (b) of Section 4 of the
    Workers' Compensation Act.
    A complaint filed with the Department by the Illinois
Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman or designee, attesting to a finding of
the failure to secure workers' compensation obligations in the
manner required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act or the failure to pay any fines or
penalties or to discharge any obligation under a settlement
relating to the failure to secure workers' compensation
obligations in the manner required by subsections (a) and (b)
of Section 4 of the Workers' Compensation Act is prima facie
evidence of the licensee's or applicant's failure to comply
with subsections (a) and (b) of Section 4 of the Workers'
Compensation Act. Upon receipt of that certification, the
Department shall, without a hearing, immediately suspend all
licenses held by the licensee or the processing of any
application from the applicant. Enforcement of the
Department's order shall be stayed for 60 days. The Department
shall provide notice of the suspension to the licensee by
mailing a copy of the Department's order to the licensee's or
applicant's address of record or emailing a copy of the order
to the licensee's or applicant's email address of record. The
notice shall advise the licensee or applicant that the
suspension shall be effective 60 days after the issuance of
the order unless the Department receives, from the licensee or
applicant, a request for a hearing before the Department to
dispute the matters contained in the order.
    Upon receiving notice from the Illinois Workers'
Compensation Commission or the Department of Insurance that
the violation has been corrected or otherwise resolved, the
Department shall vacate the order suspending a licensee's
license or the processing of an applicant's application.
    No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Illinois Workers' Compensation
Commission or the Department of Insurance.
    (6) All employees of a registered plumbing contractor who
engage in plumbing work shall be licensed plumbers or
apprentice plumbers in accordance with this Act.
    (7) Plumbing contractors shall submit an annual
registration fee in an amount to be established by rule.
    (8) The Department shall be notified in advance of any
changes in the business structure, name, or location or of the
addition or deletion of the owner or officer who is the
licensed plumber listed on the application. Failure to notify
the Department of this information is grounds for suspension
or revocation of the plumbing contractor's registration.
    (9) In the event that the plumber's license on the
application for registration of a plumbing contractor is a
license issued by the City of Chicago, it shall be the
responsibility of the applicant to forward a copy of the
plumber's license to the Department, noting the name of the
registered plumbing contractor, when it is renewed. In the
event that the plumbing contractor's registration is suspended
or revoked, the Department shall notify the City of Chicago
and any corresponding plumbing contractor's license issued by
the City of Chicago shall be suspended or revoked.
(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
 
    Section 430. The Timber Buyers Licensing Act is amended by
changing Section 2 as follows:
 
    (225 ILCS 735/2)  (from Ch. 111, par. 702)
    Sec. 2. Definitions. When used in this Act, unless the
context otherwise requires, the term:
    "Agent" means any person acting on behalf of a timber
buyer, employed by a timber buyer, or under an agreement,
whether oral or written, with a timber buyer who buys timber,
attempts to buy timber, procures contracts for the purchase or
cutting of timber, or attempts to procure contracts for the
purchase or cutting of timber.
    "Buying timber" means to buy, barter, cut on shares, or
offer to buy, barter, cut on shares, or take possession of
timber with the consent of the timber grower.
    "Department" means the Department of Natural Resources.
    "Director" means the Director of Natural Resources.
    "Good standing" means any person who is not:
        (1) currently serving a sentence of probation, or
    conditional discharge, for a violation of this Act or
    administrative rules adopted under this Act;
        (2) owes any amount of money pursuant to a civil
    judgment regarding the sale, cutting, or transportation of
    timber;
        (3) owes the Department any required fee, payment, or
    money required under this Act; or
        (4) is currently serving a suspension or revocation of
    any privilege that is granted under this Act.
    "Liability insurance" means not less than $500,000 in
insurance covering a timber buyer's business and agents that
shall insure against the liability of the insured for the
death, injury, or disability of an employee or other person
and insurance against the liability of the insured for damage
to or destruction of another person's property.
    "Payment receipt" means copy or duplicate of an original
receipt of payment for timber to a timber grower or duplicate
of electronic or direct payment verification of funds received
by timber grower.
    "Person" means any person, partnership, firm, association,
business trust, limited liability company, or corporation.
    "Proof of ownership" means a printed document provided by
the Department that serves as a written bill of lading.
    "Resident" means a person who in good faith makes
application for any license or permit and verifies by
statement that the person has maintained the person's
permanent abode or headquarters in this State for a period of
at least 30 consecutive days immediately preceding the
person's application and who does not maintain a permanent
abode or headquarters or claim residency in another state for
the purposes of obtaining any of the same or similar licenses
or permits covered by this Act. A person's permanent abode or
headquarters is the person's fixed and permanent dwelling
place or main location where the person conducts business, as
distinguished from a temporary or transient place of residence
or location.
    "Timber" means trees, standing or felled, and parts
thereof which can be used for sawing or processing into lumber
for building or structural purposes or for the manufacture of
any article. "Timber" does not include firewood, Christmas
trees, fruit or ornamental trees, or wood products not used or
to be used for building, structural, manufacturing, or
processing purposes.
    "Timber buyer" means any person licensed or unlicensed,
who is engaged in the business of buying timber from the timber
growers thereof for sawing into lumber, for processing or for
resale, but does not include any person who occasionally
purchases timber for sawing or processing for the person's own
use and not for resale.
    "Timber grower" means the owner, tenant, or operator of
land in this State who has an interest in, or is entitled to
receive any part of the proceeds from the sale of timber grown
in this State and includes persons exercising authority to
sell timber.
    "Transporter" means any person acting on behalf of a
timber buyer, employed by a timber buyer, or under an
agreement, whether oral or written, with a timber buyer who
takes or carries timber from one place to another by means of a
motor vehicle.
    .
(Source: P.A. 103-218, eff. 1-1-24; revised 1-2-24.)
 
    Section 435. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 30 and 31 as follows:
 
    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
    Sec. 30. (a) The General Assembly declares that it is the
policy of this State to encourage the breeding of thoroughbred
horses in this State and the ownership of such horses by
residents of this State in order to provide for: sufficient
numbers of high quality thoroughbred horses to participate in
thoroughbred racing meetings in this State, and to establish
and preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Act.
    (b) Each organization licensee conducting a thoroughbred
racing meeting pursuant to this Act shall provide at least two
races each day limited to Illinois conceived and foaled horses
or Illinois foaled horses or both. A minimum of 6 races shall
be conducted each week limited to Illinois conceived and
foaled or Illinois foaled horses or both. No horses shall be
permitted to start in such races unless duly registered under
the rules of the Department of Agriculture.
    (c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality, and class of
Illinois conceived and foaled and Illinois foaled horses
available. If, however, sufficient competition cannot be had
among horses of that class on any day, the races may, with
consent of the Board, be eliminated for that day and
substitute races provided.
    (d) There is hereby created a special fund of the State
treasury Treasury to be known as the Illinois Thoroughbred
Breeders Fund.
    Beginning on June 28, 2019 (the effective date of Public
Act 101-31), the Illinois Thoroughbred Breeders Fund shall
become a non-appropriated trust fund held separate from State
moneys. Expenditures from this Fund shall no longer be subject
to appropriation.
    Except as provided in subsection (g) of Section 27 of this
Act, 8.5% of all the monies received by the State as privilege
taxes on Thoroughbred racing meetings shall be paid into the
Illinois Thoroughbred Breeders Fund.
    Notwithstanding any provision of law to the contrary,
amounts deposited into the Illinois Thoroughbred Breeders Fund
from revenues generated by gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act after
June 28, 2019 (the effective date of Public Act 101-31) shall
be in addition to tax and fee amounts paid under this Section
for calendar year 2019 and thereafter.
    (e) The Illinois Thoroughbred Breeders Fund shall be
administered by the Department of Agriculture with the advice
and assistance of the Advisory Board created in subsection (f)
of this Section.
    (f) The Illinois Thoroughbred Breeders Fund Advisory Board
shall consist of the Director of the Department of
Agriculture, who shall serve as Chairman; a member of the
Illinois Racing Board, designated by it; 2 representatives of
the organization licensees conducting thoroughbred racing
meetings, recommended by them; 2 representatives of the
Illinois Thoroughbred Breeders and Owners Foundation,
recommended by it; one representative of the Horsemen's
Benevolent Protective Association; and one representative from
the Illinois Thoroughbred Horsemen's Association. Advisory
Board members shall serve for 2 years commencing January 1 of
each odd numbered year. If representatives of the organization
licensees conducting thoroughbred racing meetings, the
Illinois Thoroughbred Breeders and Owners Foundation, the
Horsemen's Benevolent Protection Association, and the Illinois
Thoroughbred Horsemen's Association have not been recommended
by January 1, of each odd numbered year, the Director of the
Department of Agriculture shall make an appointment for the
organization failing to so recommend a member of the Advisory
Board. Advisory Board members shall receive no compensation
for their services as members but shall be reimbursed for all
actual and necessary expenses and disbursements incurred in
the execution of their official duties.
    (g) Monies expended from the Illinois Thoroughbred
Breeders Fund shall be expended by the Department of
Agriculture, with the advice and assistance of the Illinois
Thoroughbred Breeders Fund Advisory Board, for the following
purposes only:
        (1) To provide purse supplements to owners of horses
    participating in races limited to Illinois conceived and
    foaled and Illinois foaled horses. Any such purse
    supplements shall not be included in and shall be paid in
    addition to any purses, stakes, or breeders' awards
    offered by each organization licensee as determined by
    agreement between such organization licensee and an
    organization representing the horsemen. No monies from the
    Illinois Thoroughbred Breeders Fund shall be used to
    provide purse supplements for claiming races in which the
    minimum claiming price is less than $7,500.
        (2) To provide stakes and awards to be paid to the
    owners of the winning horses in certain races limited to
    Illinois conceived and foaled and Illinois foaled horses
    designated as stakes races.
        (2.5) To provide an award to the owner or owners of an
    Illinois conceived and foaled or Illinois foaled horse
    that wins a maiden special weight, an allowance, overnight
    handicap race, or claiming race with claiming price of
    $10,000 or more providing the race is not restricted to
    Illinois conceived and foaled or Illinois foaled horses.
    Awards shall also be provided to the owner or owners of
    Illinois conceived and foaled and Illinois foaled horses
    that place second or third in those races. To the extent
    that additional moneys are required to pay the minimum
    additional awards of 40% of the purse the horse earns for
    placing first, second, or third in those races for
    Illinois foaled horses and of 60% of the purse the horse
    earns for placing first, second, or third in those races
    for Illinois conceived and foaled horses, those moneys
    shall be provided from the purse account at the track
    where earned.
        (3) To provide stallion awards to the owner or owners
    of any stallion that is duly registered with the Illinois
    Thoroughbred Breeders Fund Program whose duly registered
    Illinois conceived and foaled offspring wins a race
    conducted at an Illinois thoroughbred racing meeting other
    than a claiming race, provided that the stallion stood
    service within Illinois at the time the offspring was
    conceived and that the stallion did not stand for service
    outside of Illinois at any time during the year in which
    the offspring was conceived.
        (4) To provide $75,000 annually for purses to be
    distributed to county fairs that provide for the running
    of races during each county fair exclusively for the
    thoroughbreds conceived and foaled in Illinois. The
    conditions of the races shall be developed by the county
    fair association and reviewed by the Department with the
    advice and assistance of the Illinois Thoroughbred
    Breeders Fund Advisory Board. There shall be no wagering
    of any kind on the running of Illinois conceived and
    foaled races at county fairs.
        (4.1) To provide purse money for an Illinois stallion
    stakes program.
        (5) No less than 90% of all monies expended from the
    Illinois Thoroughbred Breeders Fund shall be expended for
    the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5)
    as shown above.
        (6) To provide for educational programs regarding the
    thoroughbred breeding industry.
        (7) To provide for research programs concerning the
    health, development and care of the thoroughbred horse.
        (8) To provide for a scholarship and training program
    for students of equine veterinary medicine.
        (9) To provide for dissemination of public information
    designed to promote the breeding of thoroughbred horses in
    Illinois.
        (10) To provide for all expenses incurred in the
    administration of the Illinois Thoroughbred Breeders Fund.
    (h) The Illinois Thoroughbred Breeders Fund is not subject
to administrative charges or chargebacks, including, but not
limited to, those authorized under Section 8h of the State
Finance Act.
    (i) A sum equal to 13% of the first prize money of every
purse won by an Illinois foaled or Illinois conceived and
foaled horse in races not limited to Illinois foaled horses or
Illinois conceived and foaled horses, or both, shall be paid
by the organization licensee conducting the horse race
meeting. Such sum shall be paid 50% from the organization
licensee's share of the money wagered and 50% from the purse
account as follows: 11 1/2% to the breeder of the winning horse
and 1 1/2% to the organization representing thoroughbred
breeders and owners who representative serves on the Illinois
Thoroughbred Breeders Fund Advisory Board for verifying the
amounts of breeders' awards earned, ensuring their
distribution in accordance with this Act, and servicing and
promoting the Illinois thoroughbred horse racing industry.
Beginning in the calendar year in which an organization
licensee that is eligible to receive payments under paragraph
(13) of subsection (g) of Section 26 of this Act begins to
receive funds from gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, a sum equal to
21 1/2% of the first prize money of every purse won by an
Illinois foaled or an Illinois conceived and foaled horse in
races not limited to an Illinois conceived and foaled horse,
or both, shall be paid 30% from the organization licensee's
account and 70% from the purse account as follows: 20% to the
breeder of the winning horse and 1 1/2% to the organization
representing thoroughbred breeders and owners whose
representatives serve on the Illinois Thoroughbred Breeders
Fund Advisory Board for verifying the amounts of breeders'
awards earned, ensuring their distribution in accordance with
this Act, and servicing and promoting the Illinois
Thoroughbred racing industry. The organization representing
thoroughbred breeders and owners shall cause all expenditures
of monies received under this subsection (i) to be audited at
least annually by a registered public accountant. The
organization shall file copies of each annual audit with the
Racing Board, the Clerk of the House of Representatives and
the Secretary of the Senate, and shall make copies of each
annual audit available to the public upon request and upon
payment of the reasonable cost of photocopying the requested
number of copies. Such payments shall not reduce any award to
the owner of the horse or reduce the taxes payable under this
Act. Upon completion of its racing meet, each organization
licensee shall deliver to the organization representing
thoroughbred breeders and owners whose representative serves
on the Illinois Thoroughbred Breeders Fund Advisory Board a
listing of all the Illinois foaled and the Illinois conceived
and foaled horses which won breeders' awards and the amount of
such breeders' awards under this subsection to verify accuracy
of payments and assure proper distribution of breeders' awards
in accordance with the provisions of this Act. Such payments
shall be delivered by the organization licensee within 30 days
of the end of each race meeting.
    (j) A sum equal to 13% of the first prize money won in
every race limited to Illinois foaled horses or Illinois
conceived and foaled horses, or both, shall be paid in the
following manner by the organization licensee conducting the
horse race meeting, 50% from the organization licensee's share
of the money wagered and 50% from the purse account as follows:
11 1/2% to the breeders of the horses in each such race which
are the official first, second, third, and fourth finishers
and 1 1/2% to the organization representing thoroughbred
breeders and owners whose representatives serve on the
Illinois Thoroughbred Breeders Fund Advisory Board for
verifying the amounts of breeders' awards earned, ensuring
their proper distribution in accordance with this Act, and
servicing and promoting the Illinois horse racing industry.
Beginning in the calendar year in which an organization
licensee that is eligible to receive payments under paragraph
(13) of subsection (g) of Section 26 of this Act begins to
receive funds from gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, a sum of 21
1/2% of every purse in a race limited to Illinois foaled horses
or Illinois conceived and foaled horses, or both, shall be
paid by the organization licensee conducting the horse race
meeting. Such sum shall be paid 30% from the organization
licensee's account and 70% from the purse account as follows:
20% to the breeders of the horses in each such race who are
official first, second, third and fourth finishers and 1 1/2%
to the organization representing thoroughbred breeders and
owners whose representatives serve on the Illinois
Thoroughbred Breeders Fund Advisory Board for verifying the
amounts of breeders' awards earned, ensuring their proper
distribution in accordance with this Act, and servicing and
promoting the Illinois thoroughbred horse racing industry. The
organization representing thoroughbred breeders and owners
shall cause all expenditures of moneys received under this
subsection (j) to be audited at least annually by a registered
public accountant. The organization shall file copies of each
annual audit with the Racing Board, the Clerk of the House of
Representatives and the Secretary of the Senate, and shall
make copies of each annual audit available to the public upon
request and upon payment of the reasonable cost of
photocopying the requested number of copies. The copies of the
audit to the General Assembly shall be filed with the Clerk of
the House of Representatives and the Secretary of the Senate
in electronic form only, in the manner that the Clerk and the
Secretary shall direct.
    The amounts paid to the breeders in accordance with this
subsection shall be distributed as follows:
        (1) 60% of such sum shall be paid to the breeder of the
    horse which finishes in the official first position;
        (2) 20% of such sum shall be paid to the breeder of the
    horse which finishes in the official second position;
        (3) 15% of such sum shall be paid to the breeder of the
    horse which finishes in the official third position; and
        (4) 5% of such sum shall be paid to the breeder of the
    horse which finishes in the official fourth position.
    Such payments shall not reduce any award to the owners of a
horse or reduce the taxes payable under this Act. Upon
completion of its racing meet, each organization licensee
shall deliver to the organization representing thoroughbred
breeders and owners whose representative serves on the
Illinois Thoroughbred Breeders Fund Advisory Board a listing
of all the Illinois foaled and the Illinois conceived and
foaled horses which won breeders' awards and the amount of
such breeders' awards in accordance with the provisions of
this Act. Such payments shall be delivered by the organization
licensee within 30 days of the end of each race meeting.
    (k) The term "breeder", as used herein, means the owner of
the mare at the time the foal is dropped. An "Illinois foaled
horse" is a foal dropped by a mare which enters this State on
or before December 1, in the year in which the horse is bred,
provided the mare remains continuously in this State until its
foal is born. An "Illinois foaled horse" also means a foal born
of a mare in the same year as the mare enters this State on or
before March 1, and remains in this State at least 30 days
after foaling, is bred back during the season of the foaling to
an Illinois Registered Stallion (unless a veterinarian
certifies that the mare should not be bred for health
reasons), and is not bred to a stallion standing in any other
state during the season of foaling. An "Illinois foaled horse"
also means a foal born in Illinois of a mare purchased at
public auction subsequent to the mare entering this State on
or before March 1 of the foaling year providing the mare is
owned solely by one or more Illinois residents or an Illinois
entity that is entirely owned by one or more Illinois
residents.
    (l) The Department of Agriculture shall, by rule, with the
advice and assistance of the Illinois Thoroughbred Breeders
Fund Advisory Board:
        (1) Qualify stallions for Illinois breeding; such
    stallions to stand for service within the State of
    Illinois at the time of a foal's conception. Such stallion
    must not stand for service at any place outside the State
    of Illinois during the calendar year in which the foal is
    conceived. The Department of Agriculture may assess and
    collect an application fee of up to $500 for the
    registration of Illinois-eligible stallions. All fees
    collected are to be held in trust accounts for the
    purposes set forth in this Act and in accordance with
    Section 205-15 of the Department of Agriculture Law.
        (2) Provide for the registration of Illinois conceived
    and foaled horses and Illinois foaled horses. No such
    horse shall compete in the races limited to Illinois
    conceived and foaled horses or Illinois foaled horses or
    both unless registered with the Department of Agriculture.
    The Department of Agriculture may prescribe such forms as
    are necessary to determine the eligibility of such horses.
    The Department of Agriculture may assess and collect
    application fees for the registration of Illinois-eligible
    foals. All fees collected are to be held in trust accounts
    for the purposes set forth in this Act and in accordance
    with Section 205-15 of the Department of Agriculture Law.
    No person shall knowingly prepare or cause preparation of
    an application for registration of such foals containing
    false information.
    (m) The Department of Agriculture, with the advice and
assistance of the Illinois Thoroughbred Breeders Fund Advisory
Board, shall provide that certain races limited to Illinois
conceived and foaled and Illinois foaled horses be stakes
races and determine the total amount of stakes and awards to be
paid to the owners of the winning horses in such races.
    In determining the stakes races and the amount of awards
for such races, the Department of Agriculture shall consider
factors, including, but not limited to, the amount of money
transferred into the Illinois Thoroughbred Breeders Fund,
organization licensees' contributions, availability of stakes
caliber horses as demonstrated by past performances, whether
the race can be coordinated into the proposed racing dates
within organization licensees' racing dates, opportunity for
colts and fillies and various age groups to race, public
wagering on such races, and the previous racing schedule.
    (n) The Board and the organization licensee shall notify
the Department of the conditions and minimum purses for races
limited to Illinois conceived and foaled and Illinois foaled
horses conducted for each organization licensee conducting a
thoroughbred racing meeting. The Department of Agriculture
with the advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board may allocate monies for purse
supplements for such races. In determining whether to allocate
money and the amount, the Department of Agriculture shall
consider factors, including, but not limited to, the amount of
money transferred into the Illinois Thoroughbred Breeders
Fund, the number of races that may occur, and the organization
licensee's purse structure.
    (o) (Blank).
(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
 
    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
    Sec. 31. (a) The General Assembly declares that it is the
policy of this State to encourage the breeding of standardbred
horses in this State and the ownership of such horses by
residents of this State in order to provide for: sufficient
numbers of high quality standardbred horses to participate in
harness racing meetings in this State, and to establish and
preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Section of this Act.
    (b) Each organization licensee conducting a harness racing
meeting pursuant to this Act shall provide for at least two
races each race program limited to Illinois conceived and
foaled horses. A minimum of 6 races shall be conducted each
week limited to Illinois conceived and foaled horses. No
horses shall be permitted to start in such races unless duly
registered under the rules of the Department of Agriculture.
    (b-5) Organization licensees, not including the Illinois
State Fair or the DuQuoin State Fair, shall provide stake
races and early closer races for Illinois conceived and foaled
horses so that purses distributed for such races shall be no
less than 17% of total purses distributed for harness racing
in that calendar year in addition to any stakes payments and
starting fees contributed by horse owners.
    (b-10) Each organization licensee conducting a harness
racing meeting pursuant to this Act shall provide an owner
award to be paid from the purse account equal to 12% of the
amount earned by Illinois conceived and foaled horses
finishing in the first 3 positions in races that are not
restricted to Illinois conceived and foaled horses. The owner
awards shall not be paid on races below the $10,000 claiming
class.
    (c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality, and class of
Illinois conceived and foaled horses available. If, however,
sufficient competition cannot be had among horses of that
class on any day, the races may, with consent of the Board, be
eliminated for that day and substitute races provided.
    (d) There is hereby created a special fund of the State
treasury Treasury to be known as the Illinois Standardbred
Breeders Fund. Beginning on June 28, 2019 (the effective date
of Public Act 101-31), the Illinois Standardbred Breeders Fund
shall become a non-appropriated trust fund held separate and
apart from State moneys. Expenditures from this Fund shall no
longer be subject to appropriation.
    During the calendar year 1981, and each year thereafter,
except as provided in subsection (g) of Section 27 of this Act,
eight and one-half per cent of all the monies received by the
State as privilege taxes on harness racing meetings shall be
paid into the Illinois Standardbred Breeders Fund.
    (e) Notwithstanding any provision of law to the contrary,
amounts deposited into the Illinois Standardbred Breeders Fund
from revenues generated by gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act after
June 28, 2019 (the effective date of Public Act 101-31) shall
be in addition to tax and fee amounts paid under this Section
for calendar year 2019 and thereafter. The Illinois
Standardbred Breeders Fund shall be administered by the
Department of Agriculture with the assistance and advice of
the Advisory Board created in subsection (f) of this Section.
    (f) The Illinois Standardbred Breeders Fund Advisory Board
is hereby created. The Advisory Board shall consist of the
Director of the Department of Agriculture, who shall serve as
Chairman; the Superintendent of the Illinois State Fair; a
member of the Illinois Racing Board, designated by it; a
representative of the largest association of Illinois
standardbred owners and breeders, recommended by it; a
representative of a statewide association representing
agricultural fairs in Illinois, recommended by it, such
representative to be from a fair at which Illinois conceived
and foaled racing is conducted; a representative of the
organization licensees conducting harness racing meetings,
recommended by them; a representative of the Breeder's
Committee of the association representing the largest number
of standardbred owners, breeders, trainers, caretakers, and
drivers, recommended by it; and a representative of the
association representing the largest number of standardbred
owners, breeders, trainers, caretakers, and drivers,
recommended by it. Advisory Board members shall serve for 2
years commencing January 1 of each odd numbered year. If
representatives of the largest association of Illinois
standardbred owners and breeders, a statewide association of
agricultural fairs in Illinois, the association representing
the largest number of standardbred owners, breeders, trainers,
caretakers, and drivers, a member of the Breeder's Committee
of the association representing the largest number of
standardbred owners, breeders, trainers, caretakers, and
drivers, and the organization licensees conducting harness
racing meetings have not been recommended by January 1 of each
odd numbered year, the Director of the Department of
Agriculture shall make an appointment for the organization
failing to so recommend a member of the Advisory Board.
Advisory Board members shall receive no compensation for their
services as members but shall be reimbursed for all actual and
necessary expenses and disbursements incurred in the execution
of their official duties.
    (g) Monies expended from the Illinois Standardbred
Breeders Fund shall be expended by the Department of
Agriculture, with the assistance and advice of the Illinois
Standardbred Breeders Fund Advisory Board for the following
purposes only:
        1. To provide purses for races limited to Illinois
    conceived and foaled horses at the State Fair and the
    DuQuoin State Fair.
        2. To provide purses for races limited to Illinois
    conceived and foaled horses at county fairs.
        3. To provide purse supplements for races limited to
    Illinois conceived and foaled horses conducted by
    associations conducting harness racing meetings.
        4. No less than 75% of all monies in the Illinois
    Standardbred Breeders Fund shall be expended for purses in
    1, 2, and 3 as shown above.
        5. In the discretion of the Department of Agriculture
    to provide awards to harness breeders of Illinois
    conceived and foaled horses which win races conducted by
    organization licensees conducting harness racing meetings.
    A breeder is the owner of a mare at the time of conception.
    No more than 10% of all moneys transferred into the
    Illinois Standardbred Breeders Fund shall be expended for
    such harness breeders awards. No more than 25% of the
    amount expended for harness breeders awards shall be
    expended for expenses incurred in the administration of
    such harness breeders awards.
        6. To pay for the improvement of racing facilities
    located at the State Fair and County fairs.
        7. To pay the expenses incurred in the administration
    of the Illinois Standardbred Breeders Fund.
        8. To promote the sport of harness racing, including
    grants up to a maximum of $7,500 per fair per year for
    conducting pari-mutuel wagering during the advertised
    dates of a county fair.
        9. To pay up to $50,000 annually for the Department of
    Agriculture to conduct drug testing at county fairs racing
    standardbred horses.
    (h) The Illinois Standardbred Breeders Fund is not subject
to administrative charges or chargebacks, including, but not
limited to, those authorized under Section 8h of the State
Finance Act.
    (i) A sum equal to 13% of the first prize money of the
gross purse won by an Illinois conceived and foaled horse
shall be paid 50% by the organization licensee conducting the
horse race meeting to the breeder of such winning horse from
the organization licensee's account and 50% from the purse
account of the licensee. Such payment shall not reduce any
award to the owner of the horse or reduce the taxes payable
under this Act. Such payment shall be delivered by the
organization licensee at the end of each quarter.
    (j) The Department of Agriculture shall, by rule, with the
assistance and advice of the Illinois Standardbred Breeders
Fund Advisory Board:
        1. Qualify stallions for Illinois Standardbred
    Breeders Fund breeding. Such stallion shall stand for
    service at and within the State of Illinois at the time of
    a foal's conception, and such stallion must not stand for
    service at any place outside the State of Illinois during
    that calendar year in which the foal is conceived.
    However, on and after January 1, 2018, semen from an
    Illinois stallion may be transported outside the State of
    Illinois.
        2. Provide for the registration of Illinois conceived
    and foaled horses and no such horse shall compete in the
    races limited to Illinois conceived and foaled horses
    unless registered with the Department of Agriculture. The
    Department of Agriculture may prescribe such forms as may
    be necessary to determine the eligibility of such horses.
    No person shall knowingly prepare or cause preparation of
    an application for registration of such foals containing
    false information. A mare (dam) must be in the State at
    least 30 days prior to foaling or remain in the State at
    least 30 days at the time of foaling. However, the
    requirement that a mare (dam) must be in the State at least
    30 days before foaling or remain in the State at least 30
    days at the time of foaling shall not be in effect from
    January 1, 2018 until January 1, 2022. Beginning with the
    1996 breeding season and for foals of 1997 and thereafter,
    a foal conceived by transported semen may be eligible for
    Illinois conceived and foaled registration provided all
    breeding and foaling requirements are met. The stallion
    must be qualified for Illinois Standardbred Breeders Fund
    breeding at the time of conception. The foal must be
    dropped in Illinois and properly registered with the
    Department of Agriculture in accordance with this Act.
    However, from January 1, 2018 until January 1, 2022, the
    requirement for a mare to be inseminated within the State
    of Illinois and the requirement for a foal to be dropped in
    Illinois are inapplicable.
        3. Provide that at least a 5-day racing program shall
    be conducted at the State Fair each year, unless an
    alternate racing program is requested by the Illinois
    Standardbred Breeders Fund Advisory Board, which program
    shall include at least the following races limited to
    Illinois conceived and foaled horses: (a) a 2-year-old
    Trot and Pace, and Filly Division of each; (b) a
    3-year-old Trot and Pace, and Filly Division of each; (c)
    an aged Trot and Pace, and Mare Division of each.
        4. Provide for the payment of nominating, sustaining,
    and starting fees for races promoting the sport of harness
    racing and for the races to be conducted at the State Fair
    as provided in paragraph subsection (j) 3 of this
    subsection Section provided that the nominating,
    sustaining, and starting payment required from an entrant
    shall not exceed 2% of the purse of such race. All
    nominating, sustaining, and starting payments shall be
    held for the benefit of entrants and shall be paid out as
    part of the respective purses for such races. Nominating,
    sustaining, and starting fees shall be held in trust
    accounts for the purposes as set forth in this Act and in
    accordance with Section 205-15 of the Department of
    Agriculture Law.
        5. Provide for the registration with the Department of
    Agriculture of Colt Associations or county fairs desiring
    to sponsor races at county fairs.
        6. Provide for the promotion of producing standardbred
    racehorses by providing a bonus award program for owners
    of 2-year-old horses that win multiple major stakes races
    that are limited to Illinois conceived and foaled horses.
    (k) The Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund Advisory
Board, may allocate monies for purse supplements for such
races. In determining whether to allocate money and the
amount, the Department of Agriculture shall consider factors,
including, but not limited to, the amount of money transferred
into the Illinois Standardbred Breeders Fund, the number of
races that may occur, and an organization licensee's purse
structure. The organization licensee shall notify the
Department of Agriculture of the conditions and minimum purses
for races limited to Illinois conceived and foaled horses to
be conducted by each organization licensee conducting a
harness racing meeting for which purse supplements have been
negotiated.
    (l) All races held at county fairs and the State Fair which
receive funds from the Illinois Standardbred Breeders Fund
shall be conducted in accordance with the rules of the United
States Trotting Association unless otherwise modified by the
Department of Agriculture.
    (m) At all standardbred race meetings held or conducted
under authority of a license granted by the Board, and at all
standardbred races held at county fairs which are approved by
the Department of Agriculture or at the Illinois or DuQuoin
State Fairs, no one shall jog, train, warm up, or drive a
standardbred horse unless he or she is wearing a protective
safety helmet, with the chin strap fastened and in place,
which meets the standards and requirements as set forth in the
1984 Standard for Protective Headgear for Use in Harness
Racing and Other Equestrian Sports published by the Snell
Memorial Foundation, or any standards and requirements for
headgear the Illinois Racing Board may approve. Any other
standards and requirements so approved by the Board shall
equal or exceed those published by the Snell Memorial
Foundation. Any equestrian helmet bearing the Snell label
shall be deemed to have met those standards and requirements.
(Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21;
103-8, eff. 6-7-23; revised 9-26-23.)
 
    Section 440. The Liquor Control Act of 1934 is amended by
changing Section 5-3 as follows:
 
    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
    Sec. 5-3. License fees. Except as otherwise provided
herein, at the time application is made to the State
Commission for a license of any class, the applicant shall pay
to the State Commission the fee hereinafter provided for the
kind of license applied for.
    The fee for licenses issued by the State Commission shall
be as follows:
OnlineInitial
renewallicense
or
non-online
renewal
    For a manufacturer's license:
    Class 1. Distiller .................$4,000$5,000
    Class 2. Rectifier .................4,000 5,000
    Class 3. Brewer ....................1,200 1,500
    Class 4. First-class Wine
        Manufacturer ...................750900
    Class 5. Second-class
        Wine Manufacturer ..............1,500 1,750
    Class 6. First-class wine-maker ....750 900
    Class 7. Second-class wine-maker ...1,500 1,750
    Class 8. Limited Wine
        Manufacturer....................250 350
    Class 9. Craft Distiller............ 2,000 2,500
    Class 10. Class 1 Craft Distiller... 50 75
    Class 11. Class 2 Craft Distiller... 75 100
    Class 12. Class 1 Brewer............50 75
    Class 13. Class 2 Brewer............ 75 100
    Class 14. Class 3 Brewer............ 25 50
    For a Brew Pub License..............1,2001,500
    For a Distilling Pub License........ 1,200 1,500
    For a caterer retailer's license....350 500
    For a foreign importer's license ...25 25
    For an importing distributor's
        license.........................2525
    For a distributor's license
        (11,250,000 gallons
        or over)........................1,4502,200
    For a distributor's license
        (over 4,500,000 gallons, but
        under 11,250,000 gallons)....... 9501,450
    For a distributor's license
        (4,500,000 gallons or under)....300450
    For a non-resident dealer's license
        (500,000 gallons or over)
        or with self-distribution
        privileges .....................1,200 1,500
    For a non-resident dealer's license
        (under 500,000 gallons) ........250 350
    For a wine-maker's premises
        license ........................250500
    For a winery shipper's license
        (under 250,000 gallons).........200 350
    For a winery shipper's license
        (250,000 or over, but
        under 500,000 gallons)..........7501,000
    For a winery shipper's license
        (500,000 gallons or over).......1,200 1,500
    For a wine-maker's premises
        license, second location .......500 1,000
    For a wine-maker's premises
        license, third location ........5001,000
    For a retailer's license ...........600 750
    For a special event retailer's
        license, (not-for-profit) ......25 25
    For a beer showcase permit,
        one day only ................... 100 150
        2 days or more ................. 150 250
    For a special use permit license,
        one day only ...................100 150
        2 days or more .................150 250
    For a railroad license .............100 150
    For a boat license .................500 1,000
    For an airplane license, times the
        licensee's maximum number of
        aircraft in flight, serving
        liquor over the State at any
        given time, which either
        originate, terminate, or make
        an intermediate stop in
        the State.......................100150
    For a non-beverage user's license:
        Class 1 ........................2424
        Class 2 ........................6060
        Class 3 ........................120120
        Class 4 ........................240240
        Class 5 ........................600600
    For a broker's license .............750 1,000
    For an auction liquor license ......100 150
    For a homebrewer special
        event permit....................2525
    For a craft distiller
        tasting permit..................25 25
    For a BASSET trainer license........ 300 350
    For a tasting representative
        license.........................200300
    For a brewer warehouse permit....... 2525
    For a craft distiller
        warehouse permit................25 25
    Fees collected under this Section shall be paid into the
Dram Shop Fund. The State Commission shall waive license
renewal fees for those retailers' licenses that are designated
as "1A" by the State Commission and expire on or after July 1,
2022, and on or before June 30, 2023. One-half of the funds
received for a retailer's license shall be paid into the Dram
Shop Fund and one-half of the funds received for a retailer's
license shall be paid into the General Revenue Fund.
    No fee shall be paid for licenses issued by the State
Commission to the following non-beverage users:
        (a) Hospitals, sanitariums, or clinics when their use
    of alcoholic liquor is exclusively medicinal, mechanical,
    or scientific.
        (b) Universities, colleges of learning, or schools
    when their use of alcoholic liquor is exclusively
    medicinal, mechanical, or scientific.
        (c) Laboratories when their use is exclusively for the
    purpose of scientific research.
(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21;
102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff.
6-30-23; revised 9-5-23.)
 
    Section 445. The Illinois Public Aid Code is amended by
changing Sections 5-4.2, 5-5, 5-5.01a, 5-5.05, 5-5.2, 5-16.8,
5A-12.7, 6-9, and 6-12, by setting forth, renumbering, and
changing multiple versions of Section 5-47, and by setting
forth and renumbering multiple versions of Section 12-4.57 as
follows:
 
    (305 ILCS 5/5-4.2)
    Sec. 5-4.2. Ambulance services payments.
    (a) For ambulance services provided to a recipient of aid
under this Article on or after January 1, 1993, the Illinois
Department shall reimburse ambulance service providers at
rates calculated in accordance with this Section. It is the
intent of the General Assembly to provide adequate
reimbursement for ambulance services so as to ensure adequate
access to services for recipients of aid under this Article
and to provide appropriate incentives to ambulance service
providers to provide services in an efficient and
cost-effective manner. Thus, it is the intent of the General
Assembly that the Illinois Department implement a
reimbursement system for ambulance services that, to the
extent practicable and subject to the availability of funds
appropriated by the General Assembly for this purpose, is
consistent with the payment principles of Medicare. To ensure
uniformity between the payment principles of Medicare and
Medicaid, the Illinois Department shall follow, to the extent
necessary and practicable and subject to the availability of
funds appropriated by the General Assembly for this purpose,
the statutes, laws, regulations, policies, procedures,
principles, definitions, guidelines, and manuals used to
determine the amounts paid to ambulance service providers
under Title XVIII of the Social Security Act (Medicare).
    (b) For ambulance services provided to a recipient of aid
under this Article on or after January 1, 1996, the Illinois
Department shall reimburse ambulance service providers based
upon the actual distance traveled if a natural disaster,
weather conditions, road repairs, or traffic congestion
necessitates the use of a route other than the most direct
route.
    (c) For purposes of this Section, "ambulance services"
includes medical transportation services provided by means of
an ambulance, air ambulance, medi-car, service car, or taxi.
    (c-1) For purposes of this Section, "ground ambulance
service" means medical transportation services that are
described as ground ambulance services by the Centers for
Medicare and Medicaid Services and provided in a vehicle that
is licensed as an ambulance by the Illinois Department of
Public Health pursuant to the Emergency Medical Services (EMS)
Systems Act.
    (c-2) For purposes of this Section, "ground ambulance
service provider" means a vehicle service provider as
described in the Emergency Medical Services (EMS) Systems Act
that operates licensed ambulances for the purpose of providing
emergency ambulance services, or non-emergency ambulance
services, or both. For purposes of this Section, this includes
both ambulance providers and ambulance suppliers as described
by the Centers for Medicare and Medicaid Services.
    (c-3) For purposes of this Section, "medi-car" means
transportation services provided to a patient who is confined
to a wheelchair and requires the use of a hydraulic or electric
lift or ramp and wheelchair lockdown when the patient's
condition does not require medical observation, medical
supervision, medical equipment, the administration of
medications, or the administration of oxygen.
    (c-4) For purposes of this Section, "service car" means
transportation services provided to a patient by a passenger
vehicle where that patient does not require the specialized
modes described in subsection (c-1) or (c-3).
    (c-5) For purposes of this Section, "air ambulance
service" means medical transport by helicopter or airplane for
patients, as defined in 29 U.S.C. 1185f(c)(1), and any service
that is described as an air ambulance service by the federal
Centers for Medicare and Medicaid Services.
    (d) This Section does not prohibit separate billing by
ambulance service providers for oxygen furnished while
providing advanced life support services.
    (e) Beginning with services rendered on or after July 1,
2008, all providers of non-emergency medi-car and service car
transportation must certify that the driver and employee
attendant, as applicable, have completed a safety program
approved by the Department to protect both the patient and the
driver, prior to transporting a patient. The provider must
maintain this certification in its records. The provider shall
produce such documentation upon demand by the Department or
its representative. Failure to produce documentation of such
training shall result in recovery of any payments made by the
Department for services rendered by a non-certified driver or
employee attendant. Medi-car and service car providers must
maintain legible documentation in their records of the driver
and, as applicable, employee attendant that actually
transported the patient. Providers must recertify all drivers
and employee attendants every 3 years. If they meet the
established training components set forth by the Department,
providers of non-emergency medi-car and service car
transportation that are either directly or through an
affiliated company licensed by the Department of Public Health
shall be approved by the Department to have in-house safety
programs for training their own staff.
    Notwithstanding the requirements above, any public
transportation provider of medi-car and service car
transportation that receives federal funding under 49 U.S.C.
5307 and 5311 need not certify its drivers and employee
attendants under this Section, since safety training is
already federally mandated.
    (f) With respect to any policy or program administered by
the Department or its agent regarding approval of
non-emergency medical transportation by ground ambulance
service providers, including, but not limited to, the
Non-Emergency Transportation Services Prior Approval Program
(NETSPAP), the Department shall establish by rule a process by
which ground ambulance service providers of non-emergency
medical transportation may appeal any decision by the
Department or its agent for which no denial was received prior
to the time of transport that either (i) denies a request for
approval for payment of non-emergency transportation by means
of ground ambulance service or (ii) grants a request for
approval of non-emergency transportation by means of ground
ambulance service at a level of service that entitles the
ground ambulance service provider to a lower level of
compensation from the Department than the ground ambulance
service provider would have received as compensation for the
level of service requested. The rule shall be filed by
December 15, 2012 and shall provide that, for any decision
rendered by the Department or its agent on or after the date
the rule takes effect, the ground ambulance service provider
shall have 60 days from the date the decision is received to
file an appeal. The rule established by the Department shall
be, insofar as is practical, consistent with the Illinois
Administrative Procedure Act. The Director's decision on an
appeal under this Section shall be a final administrative
decision subject to review under the Administrative Review
Law.
    (f-5) Beginning 90 days after July 20, 2012 (the effective
date of Public Act 97-842), (i) no denial of a request for
approval for payment of non-emergency transportation by means
of ground ambulance service, and (ii) no approval of
non-emergency transportation by means of ground ambulance
service at a level of service that entitles the ground
ambulance service provider to a lower level of compensation
from the Department than would have been received at the level
of service submitted by the ground ambulance service provider,
may be issued by the Department or its agent unless the
Department has submitted the criteria for determining the
appropriateness of the transport for first notice publication
in the Illinois Register pursuant to Section 5-40 of the
Illinois Administrative Procedure Act.
    (f-6) Within 90 days after June 2, 2022 (the effective
date of Public Act 102-1037) this amendatory Act of the 102nd
General Assembly and subject to federal approval, the
Department shall file rules to allow for the approval of
ground ambulance services when the sole purpose of the
transport is for the navigation of stairs or the assisting or
lifting of a patient at a medical facility or during a medical
appointment in instances where the Department or a contracted
Medicaid managed care organization or their transportation
broker is unable to secure transportation through any other
transportation provider.
    (f-7) For non-emergency ground ambulance claims properly
denied under Department policy at the time the claim is filed
due to failure to submit a valid Medical Certification for
Non-Emergency Ambulance on and after December 15, 2012 and
prior to January 1, 2021, the Department shall allot
$2,000,000 to a pool to reimburse such claims if the provider
proves medical necessity for the service by other means.
Providers must submit any such denied claims for which they
seek compensation to the Department no later than December 31,
2021 along with documentation of medical necessity. No later
than May 31, 2022, the Department shall determine for which
claims medical necessity was established. Such claims for
which medical necessity was established shall be paid at the
rate in effect at the time of the service, provided the
$2,000,000 is sufficient to pay at those rates. If the pool is
not sufficient, claims shall be paid at a uniform percentage
of the applicable rate such that the pool of $2,000,000 is
exhausted. The appeal process described in subsection (f)
shall not be applicable to the Department's determinations
made in accordance with this subsection.
    (g) Whenever a patient covered by a medical assistance
program under this Code or by another medical program
administered by the Department, including a patient covered
under the State's Medicaid managed care program, is being
transported from a facility and requires non-emergency
transportation including ground ambulance, medi-car, or
service car transportation, a Physician Certification
Statement as described in this Section shall be required for
each patient. Facilities shall develop procedures for a
licensed medical professional to provide a written and signed
Physician Certification Statement. The Physician Certification
Statement shall specify the level of transportation services
needed and complete a medical certification establishing the
criteria for approval of non-emergency ambulance
transportation, as published by the Department of Healthcare
and Family Services, that is met by the patient. This
certification shall be completed prior to ordering the
transportation service and prior to patient discharge. The
Physician Certification Statement is not required prior to
transport if a delay in transport can be expected to
negatively affect the patient outcome. If the ground ambulance
provider, medi-car provider, or service car provider is unable
to obtain the required Physician Certification Statement
within 10 calendar days following the date of the service, the
ground ambulance provider, medi-car provider, or service car
provider must document its attempt to obtain the requested
certification and may then submit the claim for payment.
Acceptable documentation includes a signed return receipt from
the U.S. Postal Service, facsimile receipt, email receipt, or
other similar service that evidences that the ground ambulance
provider, medi-car provider, or service car provider attempted
to obtain the required Physician Certification Statement.
    The medical certification specifying the level and type of
non-emergency transportation needed shall be in the form of
the Physician Certification Statement on a standardized form
prescribed by the Department of Healthcare and Family
Services. Within 75 days after July 27, 2018 (the effective
date of Public Act 100-646), the Department of Healthcare and
Family Services shall develop a standardized form of the
Physician Certification Statement specifying the level and
type of transportation services needed in consultation with
the Department of Public Health, Medicaid managed care
organizations, a statewide association representing ambulance
providers, a statewide association representing hospitals, 3
statewide associations representing nursing homes, and other
stakeholders. The Physician Certification Statement shall
include, but is not limited to, the criteria necessary to
demonstrate medical necessity for the level of transport
needed as required by (i) the Department of Healthcare and
Family Services and (ii) the federal Centers for Medicare and
Medicaid Services as outlined in the Centers for Medicare and
Medicaid Services' Medicare Benefit Policy Manual, Pub.
100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician
Certification Statement shall satisfy the obligations of
hospitals under Section 6.22 of the Hospital Licensing Act and
nursing homes under Section 2-217 of the Nursing Home Care
Act. Implementation and acceptance of the Physician
Certification Statement shall take place no later than 90 days
after the issuance of the Physician Certification Statement by
the Department of Healthcare and Family Services.
    Pursuant to subsection (E) of Section 12-4.25 of this
Code, the Department is entitled to recover overpayments paid
to a provider or vendor, including, but not limited to, from
the discharging physician, the discharging facility, and the
ground ambulance service provider, in instances where a
non-emergency ground ambulance service is rendered as the
result of improper or false certification.
    Beginning October 1, 2018, the Department of Healthcare
and Family Services shall collect data from Medicaid managed
care organizations and transportation brokers, including the
Department's NETSPAP broker, regarding denials and appeals
related to the missing or incomplete Physician Certification
Statement forms and overall compliance with this subsection.
The Department of Healthcare and Family Services shall publish
quarterly results on its website within 15 days following the
end of each quarter.
    (h) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
    (i) Subject to federal approval, on and after January 1,
2024 through June 30, 2026, the Department shall increase the
base rate of reimbursement for both base charges and mileage
charges for ground ambulance service providers not
participating in the Ground Emergency Medical Transportation
(GEMT) Program for medical transportation services provided by
means of a ground ambulance to a level not lower than 140% of
the base rate in effect as of January 1, 2023.
    (j) For the purpose of understanding ground ambulance
transportation services cost structures and their impact on
the Medical Assistance Program, the Department shall engage
stakeholders, including, but not limited to, a statewide
association representing private ground ambulance service
providers in Illinois, to develop recommendations for a plan
for the regular collection of cost data for all ground
ambulance transportation providers reimbursed under the
Illinois Title XIX State Plan. Cost data obtained through this
process shall be used to inform on and to ensure the
effectiveness and efficiency of Illinois Medicaid rates. The
Department shall establish a process to limit public
availability of portions of the cost report data determined to
be proprietary. This process shall be concluded and
recommendations shall be provided no later than April 1, 2024.
    (k) (j) Subject to federal approval, beginning on January
1, 2024, the Department shall increase the base rate of
reimbursement for both base charges and mileage charges for
medical transportation services provided by means of an air
ambulance to a level not lower than 50% of the Medicare
ambulance fee schedule rates, by designated Medicare locality,
in effect on January 1, 2023.
(Source: P.A. 102-364, eff. 1-1-22; 102-650, eff. 8-27-21;
102-813, eff. 5-13-22; 102-1037, eff. 6-2-22; 103-102, Article
70, Section 70-5, eff. 1-1-24; 103-102, Article 80, Section
80-5, eff. 1-1-24; revised 12-15-23.)
 
    (305 ILCS 5/5-5)
    Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing
home, or elsewhere; (6) medical care, or any other type of
remedial care furnished by licensed practitioners; (7) home
health care services; (8) private duty nursing service; (9)
clinic services; (10) dental services, including prevention
and treatment of periodontal disease and dental caries disease
for pregnant individuals, provided by an individual licensed
to practice dentistry or dental surgery; for purposes of this
item (10), "dental services" means diagnostic, preventive, or
corrective procedures provided by or under the supervision of
a dentist in the practice of his or her profession; (11)
physical therapy and related services; (12) prescribed drugs,
dentures, and prosthetic devices; and eyeglasses prescribed by
a physician skilled in the diseases of the eye, or by an
optometrist, whichever the person may select; (13) other
diagnostic, screening, preventive, and rehabilitative
services, including to ensure that the individual's need for
intervention or treatment of mental disorders or substance use
disorders or co-occurring mental health and substance use
disorders is determined using a uniform screening, assessment,
and evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the
sexual assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; (16.5) services performed by
a chiropractic physician licensed under the Medical Practice
Act of 1987 and acting within the scope of his or her license,
including, but not limited to, chiropractic manipulative
treatment; and (17) any other medical care, and any other type
of remedial care recognized under the laws of this State. The
term "any other type of remedial care" shall include nursing
care and nursing home service for persons who rely on
treatment by spiritual means alone through prayer for healing.
    Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
    Notwithstanding any other provision of this Code,
reproductive health care that is otherwise legal in Illinois
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance
under this Article.
    Notwithstanding any other provision of this Section, all
tobacco cessation medications approved by the United States
Food and Drug Administration and all individual and group
tobacco cessation counseling services and telephone-based
counseling services and tobacco cessation medications provided
through the Illinois Tobacco Quitline shall be covered under
the medical assistance program for persons who are otherwise
eligible for assistance under this Article. The Department
shall comply with all federal requirements necessary to obtain
federal financial participation, as specified in 42 CFR
433.15(b)(7), for telephone-based counseling services provided
through the Illinois Tobacco Quitline, including, but not
limited to: (i) entering into a memorandum of understanding or
interagency agreement with the Department of Public Health, as
administrator of the Illinois Tobacco Quitline; and (ii)
developing a cost allocation plan for Medicaid-allowable
Illinois Tobacco Quitline services in accordance with 45 CFR
95.507. The Department shall submit the memorandum of
understanding or interagency agreement, the cost allocation
plan, and all other necessary documentation to the Centers for
Medicare and Medicaid Services for review and approval.
Coverage under this paragraph shall be contingent upon federal
approval.
    Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
    Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured
under this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
    On and after July 1, 2012, the Department of Healthcare
and Family Services may provide the following services to
persons eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
        (1) dental services provided by or under the
    supervision of a dentist; and
        (2) eyeglasses prescribed by a physician skilled in
    the diseases of the eye, or by an optometrist, whichever
    the person may select.
    On and after July 1, 2018, the Department of Healthcare
and Family Services shall provide dental services to any adult
who is otherwise eligible for assistance under the medical
assistance program. As used in this paragraph, "dental
services" means diagnostic, preventative, restorative, or
corrective procedures, including procedures and services for
the prevention and treatment of periodontal disease and dental
caries disease, provided by an individual who is licensed to
practice dentistry or dental surgery or who is under the
supervision of a dentist in the practice of his or her
profession.
    On and after July 1, 2018, targeted dental services, as
set forth in Exhibit D of the Consent Decree entered by the
United States District Court for the Northern District of
Illinois, Eastern Division, in the matter of Memisovski v.
Maram, Case No. 92 C 1982, that are provided to adults under
the medical assistance program shall be established at no less
than the rates set forth in the "New Rate" column in Exhibit D
of the Consent Decree for targeted dental services that are
provided to persons under the age of 18 under the medical
assistance program.
    Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical
assistance program. A not-for-profit health clinic shall
include a public health clinic or Federally Qualified Health
Center or other enrolled provider, as determined by the
Department, through which dental services covered under this
Section are performed. The Department shall establish a
process for payment of claims for reimbursement for covered
dental services rendered under this provision.
    On and after January 1, 2022, the Department of Healthcare
and Family Services shall administer and regulate a
school-based dental program that allows for the out-of-office
delivery of preventative dental services in a school setting
to children under 19 years of age. The Department shall
establish, by rule, guidelines for participation by providers
and set requirements for follow-up referral care based on the
requirements established in the Dental Office Reference Manual
published by the Department that establishes the requirements
for dentists participating in the All Kids Dental School
Program. Every effort shall be made by the Department when
developing the program requirements to consider the different
geographic differences of both urban and rural areas of the
State for initial treatment and necessary follow-up care. No
provider shall be charged a fee by any unit of local government
to participate in the school-based dental program administered
by the Department. Nothing in this paragraph shall be
construed to limit or preempt a home rule unit's or school
district's authority to establish, change, or administer a
school-based dental program in addition to, or independent of,
the school-based dental program administered by the
Department.
    The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
    The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
    The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for
individuals 35 years of age or older who are eligible for
medical assistance under this Article, as follows:
        (A) A baseline mammogram for individuals 35 to 39
    years of age.
        (B) An annual mammogram for individuals 40 years of
    age or older.
        (C) A mammogram at the age and intervals considered
    medically necessary by the individual's health care
    provider for individuals under 40 years of age and having
    a family history of breast cancer, prior personal history
    of breast cancer, positive genetic testing, or other risk
    factors.
        (D) A comprehensive ultrasound screening and MRI of an
    entire breast or breasts if a mammogram demonstrates
    heterogeneous or dense breast tissue or when medically
    necessary as determined by a physician licensed to
    practice medicine in all of its branches.
        (E) A screening MRI when medically necessary, as
    determined by a physician licensed to practice medicine in
    all of its branches.
        (F) A diagnostic mammogram when medically necessary,
    as determined by a physician licensed to practice medicine
    in all its branches, advanced practice registered nurse,
    or physician assistant.
    The Department shall not impose a deductible, coinsurance,
copayment, or any other cost-sharing requirement on the
coverage provided under this paragraph; except that this
sentence does not apply to coverage of diagnostic mammograms
to the extent such coverage would disqualify a high-deductible
health plan from eligibility for a health savings account
pursuant to Section 223 of the Internal Revenue Code (26
U.S.C. 223).
    All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool.
     For purposes of this Section:
    "Diagnostic mammogram" means a mammogram obtained using
diagnostic mammography.
    "Diagnostic mammography" means a method of screening that
is designed to evaluate an abnormality in a breast, including
an abnormality seen or suspected on a screening mammogram or a
subjective or objective abnormality otherwise detected in the
breast.
    "Low-dose mammography" means the x-ray examination of the
breast using equipment dedicated specifically for mammography,
including the x-ray tube, filter, compression device, and
image receptor, with an average radiation exposure delivery of
less than one rad per breast for 2 views of an average size
breast. The term also includes digital mammography and
includes breast tomosynthesis.
    "Breast tomosynthesis" means a radiologic procedure that
involves the acquisition of projection images over the
stationary breast to produce cross-sectional digital
three-dimensional images of the breast.
    If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in
the Federal Register or publishes a comment in the Federal
Register or issues an opinion, guidance, or other action that
would require the State, pursuant to any provision of the
Patient Protection and Affordable Care Act (Public Law
111-148), including, but not limited to, 42 U.S.C.
18031(d)(3)(B) or any successor provision, to defray the cost
of any coverage for breast tomosynthesis outlined in this
paragraph, then the requirement that an insurer cover breast
tomosynthesis is inoperative other than any such coverage
authorized under Section 1902 of the Social Security Act, 42
U.S.C. 1396a, and the State shall not assume any obligation
for the cost of coverage for breast tomosynthesis set forth in
this paragraph.
    On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department
include access to at least one breast imaging Center of
Imaging Excellence as certified by the American College of
Radiology.
    On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall
be reimbursed for screening and diagnostic mammography at the
same rate as the Medicare program's rates, including the
increased reimbursement for digital mammography and, after
January 1, 2023 (the effective date of Public Act 102-1018),
breast tomosynthesis.
    The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards for mammography.
    On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved
by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare
program's rates for the data elements included in the breast
cancer treatment quality program.
    The Department shall convene an expert panel, including
representatives of hospitals, free-standing breast cancer
treatment centers, breast cancer quality organizations, and
doctors, including breast surgeons, reconstructive breast
surgeons, oncologists, and primary care providers to establish
quality standards for breast cancer treatment.
    Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
    The Department shall establish a methodology to remind
individuals who are age-appropriate for screening mammography,
but who have not received a mammogram within the previous 18
months, of the importance and benefit of screening
mammography. The Department shall work with experts in breast
cancer outreach and patient navigation to optimize these
reminders and shall establish a methodology for evaluating
their effectiveness and modifying the methodology based on the
evaluation.
    The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
    The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot
program in areas of the State with the highest incidence of
mortality related to breast cancer. At least one pilot program
site shall be in the metropolitan Chicago area and at least one
site shall be outside the metropolitan Chicago area. On or
after July 1, 2016, the pilot program shall be expanded to
include one site in western Illinois, one site in southern
Illinois, one site in central Illinois, and 4 sites within
metropolitan Chicago. An evaluation of the pilot program shall
be carried out measuring health outcomes and cost of care for
those served by the pilot program compared to similarly
situated patients who are not served by the pilot program.
    The Department shall require all networks of care to
develop a means either internally or by contract with experts
in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The
Department shall require all networks of care to include
access for patients diagnosed with cancer to at least one
academic commission on cancer-accredited cancer program as an
in-network covered benefit.
    The Department shall provide coverage and reimbursement
for a human papillomavirus (HPV) vaccine that is approved for
marketing by the federal Food and Drug Administration for all
persons between the ages of 9 and 45. Subject to federal
approval, the Department shall provide coverage and
reimbursement for a human papillomavirus (HPV) vaccine for
persons of the age of 46 and above who have been diagnosed with
cervical dysplasia with a high risk of recurrence or
progression. The Department shall disallow any
preauthorization requirements for the administration of the
human papillomavirus (HPV) vaccine.
    On or after July 1, 2022, individuals who are otherwise
eligible for medical assistance under this Article shall
receive coverage for perinatal depression screenings for the
12-month period beginning on the last day of their pregnancy.
Medical assistance coverage under this paragraph shall be
conditioned on the use of a screening instrument approved by
the Department.
    Any medical or health care provider shall immediately
recommend, to any pregnant individual who is being provided
prenatal services and is suspected of having a substance use
disorder as defined in the Substance Use Disorder Act,
referral to a local substance use disorder treatment program
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
    All medical providers providing medical assistance to
pregnant individuals under this Code shall receive information
from the Department on the availability of services under any
program providing case management services for addicted
individuals, including information on appropriate referrals
for other social services that may be needed by addicted
individuals in addition to treatment for addiction.
    The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through
a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
    Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of the recipient's substance
abuse.
    The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
    The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration
projects in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of
Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical
organization.
    The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and
the Illinois Health Finance Reform Act, except that:
        (1) Physicians participating in a Partnership and
    providing certain services, which shall be determined by
    the Illinois Department, to persons in areas covered by
    the Partnership may receive an additional surcharge for
    such services.
        (2) The Department may elect to consider and negotiate
    financial incentives to encourage the development of
    Partnerships and the efficient delivery of medical care.
        (3) Persons receiving medical services through
    Partnerships may receive medical and case management
    services above the level usually offered through the
    medical assistance program.
    Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
    Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that
provided services may be accessed from therapeutically
certified optometrists to the full extent of the Illinois
Optometric Practice Act of 1987 without discriminating between
service providers.
    The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
    The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance
under this Article. Such records must be retained for a period
of not less than 6 years from the date of service or as
provided by applicable State law, whichever period is longer,
except that if an audit is initiated within the required
retention period then the records must be retained until the
audit is completed and every exception is resolved. The
Illinois Department shall require health care providers to
make available, when authorized by the patient, in writing,
the medical records in a timely fashion to other health care
providers who are treating or serving persons eligible for
Medical Assistance under this Article. All dispensers of
medical services shall be required to maintain and retain
business and professional records sufficient to fully and
accurately document the nature, scope, details and receipt of
the health care provided to persons eligible for medical
assistance under this Code, in accordance with regulations
promulgated by the Illinois Department. The rules and
regulations shall require that proof of the receipt of
prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of
such medical services. No such claims for reimbursement shall
be approved for payment by the Illinois Department without
such proof of receipt, unless the Illinois Department shall
have put into effect and shall be operating a system of
post-payment audit and review which shall, on a sampling
basis, be deemed adequate by the Illinois Department to assure
that such drugs, dentures, prosthetic devices and eyeglasses
for which payment is being made are actually being received by
eligible recipients. Within 90 days after September 16, 1984
(the effective date of Public Act 83-1439), the Illinois
Department shall establish a current list of acquisition costs
for all prosthetic devices and any other items recognized as
medical equipment and supplies reimbursable under this Article
and shall update such list on a quarterly basis, except that
the acquisition costs of all prescription drugs shall be
updated no less frequently than every 30 days as required by
Section 5-5.12.
    Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after July 22, 2013
(the effective date of Public Act 98-104), establish
procedures to permit skilled care facilities licensed under
the Nursing Home Care Act to submit monthly billing claims for
reimbursement purposes. Following development of these
procedures, the Department shall, by July 1, 2016, test the
viability of the new system and implement any necessary
operational or structural changes to its information
technology platforms in order to allow for the direct
acceptance and payment of nursing home claims.
    Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after August 15,
2014 (the effective date of Public Act 98-963), establish
procedures to permit ID/DD facilities licensed under the ID/DD
Community Care Act and MC/DD facilities licensed under the
MC/DD Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall have an additional 365 days to test the
viability of the new system and to ensure that any necessary
operational or structural changes to its information
technology platforms are implemented.
    The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
    The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or
liens for the Illinois Department.
    Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the
period of conditional enrollment, the Department may terminate
the vendor's eligibility to participate in, or may disenroll
the vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
    The Department has the discretion to limit the conditional
enrollment period for vendors based upon the category of risk
of the vendor.
    Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
    The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
    To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
        (1) In the case of a provider whose enrollment is in
    process by the Illinois Department, the 180-day period
    shall not begin until the date on the written notice from
    the Illinois Department that the provider enrollment is
    complete.
        (2) In the case of errors attributable to the Illinois
    Department or any of its claims processing intermediaries
    which result in an inability to receive, process, or
    adjudicate a claim, the 180-day period shall not begin
    until the provider has been notified of the error.
        (3) In the case of a provider for whom the Illinois
    Department initiates the monthly billing process.
        (4) In the case of a provider operated by a unit of
    local government with a population exceeding 3,000,000
    when local government funds finance federal participation
    for claims payments.
    For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
    In the case of long term care facilities, within 120
calendar days of receipt by the facility of required
prescreening information, new admissions with associated
admission documents shall be submitted through the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or shall be submitted
directly to the Department of Human Services using required
admission forms. Effective September 1, 2014, admission
documents, including all prescreening information, must be
submitted through MEDI or REV. Confirmation numbers assigned
to an accepted transaction shall be retained by a facility to
verify timely submittal. Once an admission transaction has
been completed, all resubmitted claims following prior
rejection are subject to receipt no later than 180 days after
the admission transaction has been completed.
    Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
    To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data
necessary to perform eligibility and payment verifications and
other Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
    The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter
into agreements with federal agencies and departments, under
which such agencies and departments shall share data necessary
for medical assistance program integrity functions and
oversight. The Illinois Department shall develop, in
cooperation with other State departments and agencies, and in
compliance with applicable federal laws and regulations,
appropriate and effective methods to share such data. At a
minimum, and to the extent necessary to provide data sharing,
the Illinois Department shall enter into agreements with State
agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, including,
but not limited to: the Secretary of State; the Department of
Revenue; the Department of Public Health; the Department of
Human Services; and the Department of Financial and
Professional Regulation.
    Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre-adjudicated, or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
    The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and prosthetic
devices and durable medical equipment. Such rules shall
provide, but not be limited to, the following services: (1)
immediate repair or replacement of such devices by recipients;
and (2) rental, lease, purchase or lease-purchase of durable
medical equipment in a cost-effective manner, taking into
consideration the recipient's medical prognosis, the extent of
the recipient's needs, and the requirements and costs for
maintaining such equipment. Subject to prior approval, such
rules shall enable a recipient to temporarily acquire and use
alternative or substitute devices or equipment pending repairs
or replacements of any device or equipment previously
authorized for such recipient by the Department.
Notwithstanding any provision of Section 5-5f to the contrary,
the Department may, by rule, exempt certain replacement
wheelchair parts from prior approval and, for wheelchairs,
wheelchair parts, wheelchair accessories, and related seating
and positioning items, determine the wholesale price by
methods other than actual acquisition costs.
    The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date
of the rule adopted pursuant to this paragraph, all providers
must meet the accreditation requirement.
    In order to promote environmental responsibility, meet the
needs of recipients and enrollees, and achieve significant
cost savings, the Department, or a managed care organization
under contract with the Department, may provide recipients or
managed care enrollees who have a prescription or Certificate
of Medical Necessity access to refurbished durable medical
equipment under this Section (excluding prosthetic and
orthotic devices as defined in the Orthotics, Prosthetics, and
Pedorthics Practice Act and complex rehabilitation technology
products and associated services) through the State's
assistive technology program's reutilization program, using
staff with the Assistive Technology Professional (ATP)
Certification if the refurbished durable medical equipment:
(i) is available; (ii) is less expensive, including shipping
costs, than new durable medical equipment of the same type;
(iii) is able to withstand at least 3 years of use; (iv) is
cleaned, disinfected, sterilized, and safe in accordance with
federal Food and Drug Administration regulations and guidance
governing the reprocessing of medical devices in health care
settings; and (v) equally meets the needs of the recipient or
enrollee. The reutilization program shall confirm that the
recipient or enrollee is not already in receipt of the same or
similar equipment from another service provider, and that the
refurbished durable medical equipment equally meets the needs
of the recipient or enrollee. Nothing in this paragraph shall
be construed to limit recipient or enrollee choice to obtain
new durable medical equipment or place any additional prior
authorization conditions on enrollees of managed care
organizations.
    The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the
State where they are not currently available or are
undeveloped; and (iii) notwithstanding any other provision of
law, subject to federal approval, on and after July 1, 2012, an
increase in the determination of need (DON) scores from 29 to
37 for applicants for institutional and home and
community-based long term care; if and only if federal
approval is not granted, the Department may, in conjunction
with other affected agencies, implement utilization controls
or changes in benefit packages to effectuate a similar savings
amount for this population; and (iv) no later than July 1,
2013, minimum level of care eligibility criteria for
institutional and home and community-based long term care; and
(v) no later than October 1, 2013, establish procedures to
permit long term care providers access to eligibility scores
for individuals with an admission date who are seeking or
receiving services from the long term care provider. In order
to select the minimum level of care eligibility criteria, the
Governor shall establish a workgroup that includes affected
agency representatives and stakeholders representing the
institutional and home and community-based long term care
interests. This Section shall not restrict the Department from
implementing lower level of care eligibility criteria for
community-based services in circumstances where federal
approval has been granted.
    The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code.
    The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
        (a) actual statistics and trends in utilization of
    medical services by public aid recipients;
        (b) actual statistics and trends in the provision of
    the various medical services by medical vendors;
        (c) current rate structures and proposed changes in
    those rate structures for the various medical vendors; and
        (d) efforts at utilization review and control by the
    Illinois Department.
    The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
    On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.
    Because kidney transplantation can be an appropriate,
cost-effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11
of this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3
of this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons
under Section 5-2 of this Code. To qualify for coverage of
kidney transplantation, such person must be receiving
emergency renal dialysis services covered by the Department.
Providers under this Section shall be prior approved and
certified by the Department to perform kidney transplantation
and the services under this Section shall be limited to
services associated with kidney transplantation.
    Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee-for-service fee for service and managed
care medical assistance programs for persons who are otherwise
eligible for medical assistance under this Article and shall
not be subject to any (1) utilization control, other than
those established under the American Society of Addiction
Medicine patient placement criteria, (2) prior authorization
mandate, or (3) lifetime restriction limit mandate.
    On or after July 1, 2015, opioid antagonists prescribed
for the treatment of an opioid overdose, including the
medication product, administration devices, and any pharmacy
fees or hospital fees related to the dispensing, distribution,
and administration of the opioid antagonist, shall be covered
under the medical assistance program for persons who are
otherwise eligible for medical assistance under this Article.
As used in this Section, "opioid antagonist" means a drug that
binds to opioid receptors and blocks or inhibits the effect of
opioids acting on those receptors, including, but not limited
to, naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration. The
Department shall not impose a copayment on the coverage
provided for naloxone hydrochloride under the medical
assistance program.
    Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
    A federally qualified health center, as defined in Section
1905(l)(2)(B) of the federal Social Security Act, shall be
reimbursed by the Department in accordance with the federally
qualified health center's encounter rate for services provided
to medical assistance recipients that are performed by a
dental hygienist, as defined under the Illinois Dental
Practice Act, working under the general supervision of a
dentist and employed by a federally qualified health center.
    Within 90 days after October 8, 2021 (the effective date
of Public Act 102-665), the Department shall seek federal
approval of a State Plan amendment to expand coverage for
family planning services that includes presumptive eligibility
to individuals whose income is at or below 208% of the federal
poverty level. Coverage under this Section shall be effective
beginning no later than December 1, 2022.
    Subject to approval by the federal Centers for Medicare
and Medicaid Services of a Title XIX State Plan amendment
electing the Program of All-Inclusive Care for the Elderly
(PACE) as a State Medicaid option, as provided for by Subtitle
I (commencing with Section 4801) of Title IV of the Balanced
Budget Act of 1997 (Public Law 105-33) and Part 460
(commencing with Section 460.2) of Subchapter E of Title 42 of
the Code of Federal Regulations, PACE program services shall
become a covered benefit of the medical assistance program,
subject to criteria established in accordance with all
applicable laws.
    Notwithstanding any other provision of this Code,
community-based pediatric palliative care from a trained
interdisciplinary team shall be covered under the medical
assistance program as provided in Section 15 of the Pediatric
Palliative Care Act.
    Notwithstanding any other provision of this Code, within
12 months after June 2, 2022 (the effective date of Public Act
102-1037) and subject to federal approval, acupuncture
services performed by an acupuncturist licensed under the
Acupuncture Practice Act who is acting within the scope of his
or her license shall be covered under the medical assistance
program. The Department shall apply for any federal waiver or
State Plan amendment, if required, to implement this
paragraph. The Department may adopt any rules, including
standards and criteria, necessary to implement this paragraph.
    Notwithstanding any other provision of this Code, the
medical assistance program shall, subject to appropriation and
federal approval, reimburse hospitals for costs associated
with a newborn screening test for the presence of
metachromatic leukodystrophy, as required under the Newborn
Metabolic Screening Act, at a rate not less than the fee
charged by the Department of Public Health. The Department
shall seek federal approval before the implementation of the
newborn screening test fees by the Department of Public
Health.
    Notwithstanding any other provision of this Code,
beginning on January 1, 2024, subject to federal approval,
cognitive assessment and care planning services provided to a
person who experiences signs or symptoms of cognitive
impairment, as defined by the Diagnostic and Statistical
Manual of Mental Disorders, Fifth Edition, shall be covered
under the medical assistance program for persons who are
otherwise eligible for medical assistance under this Article.
    Notwithstanding any other provision of this Code,
medically necessary reconstructive services that are intended
to restore physical appearance shall be covered under the
medical assistance program for persons who are otherwise
eligible for medical assistance under this Article. As used in
this paragraph, "reconstructive services" means treatments
performed on structures of the body damaged by trauma to
restore physical appearance.
(Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;
102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article
55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,
eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;
102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.
5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;
102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.
1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;
103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.
1-1-24; revised 12-15-23.)
 
    (305 ILCS 5/5-5.01a)
    Sec. 5-5.01a. Supportive living facilities program.
    (a) The Department shall establish and provide oversight
for a program of supportive living facilities that seek to
promote resident independence, dignity, respect, and
well-being in the most cost-effective manner.
    A supportive living facility is (i) a free-standing
facility or (ii) a distinct physical and operational entity
within a mixed-use building that meets the criteria
established in subsection (d). A supportive living facility
integrates housing with health, personal care, and supportive
services and is a designated setting that offers residents
their own separate, private, and distinct living units.
    Sites for the operation of the program shall be selected
by the Department based upon criteria that may include the
need for services in a geographic area, the availability of
funding, and the site's ability to meet the standards.
    (b) Beginning July 1, 2014, subject to federal approval,
the Medicaid rates for supportive living facilities shall be
equal to the supportive living facility Medicaid rate
effective on June 30, 2014 increased by 8.85%. Once the
assessment imposed at Article V-G of this Code is determined
to be a permissible tax under Title XIX of the Social Security
Act, the Department shall increase the Medicaid rates for
supportive living facilities effective on July 1, 2014 by
9.09%. The Department shall apply this increase retroactively
to coincide with the imposition of the assessment in Article
V-G of this Code in accordance with the approval for federal
financial participation by the Centers for Medicare and
Medicaid Services.
    The Medicaid rates for supportive living facilities
effective on July 1, 2017 must be equal to the rates in effect
for supportive living facilities on June 30, 2017 increased by
2.8%.
    The Medicaid rates for supportive living facilities
effective on July 1, 2018 must be equal to the rates in effect
for supportive living facilities on June 30, 2018.
    Subject to federal approval, the Medicaid rates for
supportive living services on and after July 1, 2019 must be at
least 54.3% of the average total nursing facility services per
diem for the geographic areas defined by the Department while
maintaining the rate differential for dementia care and must
be updated whenever the total nursing facility service per
diems are updated. Beginning July 1, 2022, upon the
implementation of the Patient Driven Payment Model, Medicaid
rates for supportive living services must be at least 54.3% of
the average total nursing services per diem rate for the
geographic areas. For purposes of this provision, the average
total nursing services per diem rate shall include all add-ons
for nursing facilities for the geographic area provided for in
Section 5-5.2. The rate differential for dementia care must be
maintained in these rates and the rates shall be updated
whenever nursing facility per diem rates are updated.
    Subject to federal approval, beginning January 1, 2024,
the dementia care rate for supportive living services must be
no less than the non-dementia care supportive living services
rate multiplied by 1.5.
    (c) The Department may adopt rules to implement this
Section. Rules that establish or modify the services,
standards, and conditions for participation in the program
shall be adopted by the Department in consultation with the
Department on Aging, the Department of Rehabilitation
Services, and the Department of Mental Health and
Developmental Disabilities (or their successor agencies).
    (d) Subject to federal approval by the Centers for
Medicare and Medicaid Services, the Department shall accept
for consideration of certification under the program any
application for a site or building where distinct parts of the
site or building are designated for purposes other than the
provision of supportive living services, but only if:
        (1) those distinct parts of the site or building are
    not designated for the purpose of providing assisted
    living services as required under the Assisted Living and
    Shared Housing Act;
        (2) those distinct parts of the site or building are
    completely separate from the part of the building used for
    the provision of supportive living program services,
    including separate entrances;
        (3) those distinct parts of the site or building do
    not share any common spaces with the part of the building
    used for the provision of supportive living program
    services; and
        (4) those distinct parts of the site or building do
    not share staffing with the part of the building used for
    the provision of supportive living program services.
    (e) Facilities or distinct parts of facilities which are
selected as supportive living facilities and are in good
standing with the Department's rules are exempt from the
provisions of the Nursing Home Care Act and the Illinois
Health Facilities Planning Act.
    (f) Section 9817 of the American Rescue Plan Act of 2021
(Public Law 117-2) authorizes a 10% enhanced federal medical
assistance percentage for supportive living services for a
12-month period from April 1, 2021 through March 31, 2022.
Subject to federal approval, including the approval of any
necessary waiver amendments or other federally required
documents or assurances, for a 12-month period the Department
must pay a supplemental $26 per diem rate to all supportive
living facilities with the additional federal financial
participation funds that result from the enhanced federal
medical assistance percentage from April 1, 2021 through March
31, 2022. The Department may issue parameters around how the
supplemental payment should be spent, including quality
improvement activities. The Department may alter the form,
methods, or timeframes concerning the supplemental per diem
rate to comply with any subsequent changes to federal law,
changes made by guidance issued by the federal Centers for
Medicare and Medicaid Services, or other changes necessary to
receive the enhanced federal medical assistance percentage.
    (g) All applications for the expansion of supportive
living dementia care settings involving sites not approved by
the Department on January 1, 2024 (the effective date of
Public Act 103-102) this amendatory Act of the 103rd General
Assembly may allow new elderly non-dementia units in addition
to new dementia care units. The Department may approve such
applications only if the application has: (1) no more than one
non-dementia care unit for each dementia care unit and (2) the
site is not located within 4 miles of an existing supportive
living program site in Cook County (including the City of
Chicago), not located within 12 miles of an existing
supportive living program site in DuPage County, Kane County,
Lake County, McHenry County, or Will County, or not located
within 25 miles of an existing supportive living program site
in any other county.
(Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22;
103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102,
Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)
 
    (305 ILCS 5/5-5.05)
    Sec. 5-5.05. Hospitals; psychiatric services.
    (a) On and after January 1, 2024, the inpatient, per diem
rate to be paid to a hospital for inpatient psychiatric
services shall be not less than 90% of the per diem rate
established in accordance with subsection paragraph (b-5) of
this Section, subject to the provisions of Section 14-12.5.
    (b) For purposes of this Section, "hospital" means a
hospital with a distinct part unit for psychiatric services.
    For purposes of this Section, "inpatient psychiatric
services" means those services provided to patients who are in
need of short-term acute inpatient hospitalization for active
treatment of an emotional or mental disorder.
    (b-5) Notwithstanding any other provision of this Section,
the inpatient, per diem rate to be paid to all safety-net
hospitals for inpatient psychiatric services on and after
January 1, 2021 shall be at least $630, subject to the
provisions of Section 14-12.5.
    (b-10) Notwithstanding any other provision of this
Section, effective with dates of service on and after January
1, 2022, any general acute care hospital with more than 9,500
inpatient psychiatric Medicaid days in any calendar year shall
be paid the inpatient per diem rate of no less than $630,
subject to the provisions of Section 14-12.5.
    (c) No rules shall be promulgated to implement this
Section. For purposes of this Section, "rules" is given the
meaning contained in Section 1-70 of the Illinois
Administrative Procedure Act.
    (d) (Blank).
    (e) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21;
103-102, eff. 6-16-23; revised 9-21-23.)
 
    (305 ILCS 5/5-5.2)
    Sec. 5-5.2. Payment.
    (a) All nursing facilities that are grouped pursuant to
Section 5-5.1 of this Act shall receive the same rate of
payment for similar services.
    (b) It shall be a matter of State policy that the Illinois
Department shall utilize a uniform billing cycle throughout
the State for the long-term care providers.
    (c) (Blank).
    (c-1) Notwithstanding any other provisions of this Code,
the methodologies for reimbursement of nursing services as
provided under this Article shall no longer be applicable for
bills payable for nursing services rendered on or after a new
reimbursement system based on the Patient Driven Payment Model
(PDPM) has been fully operationalized, which shall take effect
for services provided on or after the implementation of the
PDPM reimbursement system begins. For the purposes of Public
Act 102-1035 this amendatory Act of the 102nd General
Assembly, the implementation date of the PDPM reimbursement
system and all related provisions shall be July 1, 2022 if the
following conditions are met: (i) the Centers for Medicare and
Medicaid Services has approved corresponding changes in the
reimbursement system and bed assessment; and (ii) the
Department has filed rules to implement these changes no later
than June 1, 2022. Failure of the Department to file rules to
implement the changes provided in Public Act 102-1035 this
amendatory Act of the 102nd General Assembly no later than
June 1, 2022 shall result in the implementation date being
delayed to October 1, 2022.
    (d) The new nursing services reimbursement methodology
utilizing the Patient Driven Payment Model, which shall be
referred to as the PDPM reimbursement system, taking effect
July 1, 2022, upon federal approval by the Centers for
Medicare and Medicaid Services, shall be based on the
following:
        (1) The methodology shall be resident-centered,
    facility-specific, cost-based, and based on guidance from
    the Centers for Medicare and Medicaid Services.
        (2) Costs shall be annually rebased and case mix index
    quarterly updated. The nursing services methodology will
    be assigned to the Medicaid enrolled residents on record
    as of 30 days prior to the beginning of the rate period in
    the Department's Medicaid Management Information System
    (MMIS) as present on the last day of the second quarter
    preceding the rate period based upon the Assessment
    Reference Date of the Minimum Data Set (MDS).
        (3) Regional wage adjustors based on the Health
    Service Areas (HSA) groupings and adjusters in effect on
    April 30, 2012 shall be included, except no adjuster shall
    be lower than 1.06.
        (4) PDPM nursing case mix indices in effect on March
    1, 2022 shall be assigned to each resident class at no less
    than 0.7858 of the Centers for Medicare and Medicaid
    Services PDPM unadjusted case mix values, in effect on
    March 1, 2022.
        (5) The pool of funds available for distribution by
    case mix and the base facility rate shall be determined
    using the formula contained in subsection (d-1).
        (6) The Department shall establish a variable per diem
    staffing add-on in accordance with the most recent
    available federal staffing report, currently the Payroll
    Based Journal, for the same period of time, and if
    applicable adjusted for acuity using the same quarter's
    MDS. The Department shall rely on Payroll Based Journals
    provided to the Department of Public Health to make a
    determination of non-submission. If the Department is
    notified by a facility of missing or inaccurate Payroll
    Based Journal data or an incorrect calculation of
    staffing, the Department must make a correction as soon as
    the error is verified for the applicable quarter.
        Facilities with at least 70% of the staffing indicated
    by the STRIVE study shall be paid a per diem add-on of $9,
    increasing by equivalent steps for each whole percentage
    point until the facilities reach a per diem of $14.88.
    Facilities with at least 80% of the staffing indicated by
    the STRIVE study shall be paid a per diem add-on of $14.88,
    increasing by equivalent steps for each whole percentage
    point until the facilities reach a per diem add-on of
    $23.80. Facilities with at least 92% of the staffing
    indicated by the STRIVE study shall be paid a per diem
    add-on of $23.80, increasing by equivalent steps for each
    whole percentage point until the facilities reach a per
    diem add-on of $29.75. Facilities with at least 100% of
    the staffing indicated by the STRIVE study shall be paid a
    per diem add-on of $29.75, increasing by equivalent steps
    for each whole percentage point until the facilities reach
    a per diem add-on of $35.70. Facilities with at least 110%
    of the staffing indicated by the STRIVE study shall be
    paid a per diem add-on of $35.70, increasing by equivalent
    steps for each whole percentage point until the facilities
    reach a per diem add-on of $38.68. Facilities with at
    least 125% or higher of the staffing indicated by the
    STRIVE study shall be paid a per diem add-on of $38.68.
    Beginning April 1, 2023, no nursing facility's variable
    staffing per diem add-on shall be reduced by more than 5%
    in 2 consecutive quarters. For the quarters beginning July
    1, 2022 and October 1, 2022, no facility's variable per
    diem staffing add-on shall be calculated at a rate lower
    than 85% of the staffing indicated by the STRIVE study. No
    facility below 70% of the staffing indicated by the STRIVE
    study shall receive a variable per diem staffing add-on
    after December 31, 2022.
        (7) For dates of services beginning July 1, 2022, the
    PDPM nursing component per diem for each nursing facility
    shall be the product of the facility's (i) statewide PDPM
    nursing base per diem rate, $92.25, adjusted for the
    facility average PDPM case mix index calculated quarterly
    and (ii) the regional wage adjuster, and then add the
    Medicaid access adjustment as defined in (e-3) of this
    Section. Transition rates for services provided between
    July 1, 2022 and October 1, 2023 shall be the greater of
    the PDPM nursing component per diem or:
            (A) for the quarter beginning July 1, 2022, the
        RUG-IV nursing component per diem;
            (B) for the quarter beginning October 1, 2022, the
        sum of the RUG-IV nursing component per diem
        multiplied by 0.80 and the PDPM nursing component per
        diem multiplied by 0.20;
            (C) for the quarter beginning January 1, 2023, the
        sum of the RUG-IV nursing component per diem
        multiplied by 0.60 and the PDPM nursing component per
        diem multiplied by 0.40;
            (D) for the quarter beginning April 1, 2023, the
        sum of the RUG-IV nursing component per diem
        multiplied by 0.40 and the PDPM nursing component per
        diem multiplied by 0.60;
            (E) for the quarter beginning July 1, 2023, the
        sum of the RUG-IV nursing component per diem
        multiplied by 0.20 and the PDPM nursing component per
        diem multiplied by 0.80; or
            (F) for the quarter beginning October 1, 2023 and
        each subsequent quarter, the transition rate shall end
        and a nursing facility shall be paid 100% of the PDPM
        nursing component per diem.
    (d-1) Calculation of base year Statewide RUG-IV nursing
base per diem rate.
        (1) Base rate spending pool shall be:
            (A) The base year resident days which are
        calculated by multiplying the number of Medicaid
        residents in each nursing home as indicated in the MDS
        data defined in paragraph (4) by 365.
            (B) Each facility's nursing component per diem in
        effect on July 1, 2012 shall be multiplied by
        subsection (A).
            (C) Thirteen million is added to the product of
        subparagraph (A) and subparagraph (B) to adjust for
        the exclusion of nursing homes defined in paragraph
        (5).
        (2) For each nursing home with Medicaid residents as
    indicated by the MDS data defined in paragraph (4),
    weighted days adjusted for case mix and regional wage
    adjustment shall be calculated. For each home this
    calculation is the product of:
            (A) Base year resident days as calculated in
        subparagraph (A) of paragraph (1).
            (B) The nursing home's regional wage adjustor
        based on the Health Service Areas (HSA) groupings and
        adjustors in effect on April 30, 2012.
            (C) Facility weighted case mix which is the number
        of Medicaid residents as indicated by the MDS data
        defined in paragraph (4) multiplied by the associated
        case weight for the RUG-IV 48 grouper model using
        standard RUG-IV procedures for index maximization.
            (D) The sum of the products calculated for each
        nursing home in subparagraphs (A) through (C) above
        shall be the base year case mix, rate adjusted
        weighted days.
        (3) The Statewide RUG-IV nursing base per diem rate:
            (A) on January 1, 2014 shall be the quotient of the
        paragraph (1) divided by the sum calculated under
        subparagraph (D) of paragraph (2);
            (B) on and after July 1, 2014 and until July 1,
        2022, shall be the amount calculated under
        subparagraph (A) of this paragraph (3) plus $1.76; and
            (C) beginning July 1, 2022 and thereafter, $7
        shall be added to the amount calculated under
        subparagraph (B) of this paragraph (3) of this
        Section.
        (4) Minimum Data Set (MDS) comprehensive assessments
    for Medicaid residents on the last day of the quarter used
    to establish the base rate.
        (5) Nursing facilities designated as of July 1, 2012
    by the Department as "Institutions for Mental Disease"
    shall be excluded from all calculations under this
    subsection. The data from these facilities shall not be
    used in the computations described in paragraphs (1)
    through (4) above to establish the base rate.
    (e) Beginning July 1, 2014, the Department shall allocate
funding in the amount up to $10,000,000 for per diem add-ons to
the RUGS methodology for dates of service on and after July 1,
2014:
        (1) $0.63 for each resident who scores in I4200
    Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
        (2) $2.67 for each resident who scores either a "1" or
    "2" in any items S1200A through S1200I and also scores in
    RUG groups PA1, PA2, BA1, or BA2.
    (e-1) (Blank).
    (e-2) For dates of services beginning January 1, 2014 and
ending September 30, 2023, the RUG-IV nursing component per
diem for a nursing home shall be the product of the statewide
RUG-IV nursing base per diem rate, the facility average case
mix index, and the regional wage adjustor. For dates of
service beginning July 1, 2022 and ending September 30, 2023,
the Medicaid access adjustment described in subsection (e-3)
shall be added to the product.
    (e-3) A Medicaid Access Adjustment of $4 adjusted for the
facility average PDPM case mix index calculated quarterly
shall be added to the statewide PDPM nursing per diem for all
facilities with annual Medicaid bed days of at least 70% of all
occupied bed days adjusted quarterly. For each new calendar
year and for the 6-month period beginning July 1, 2022, the
percentage of a facility's occupied bed days comprised of
Medicaid bed days shall be determined by the Department
quarterly. For dates of service beginning January 1, 2023, the
Medicaid Access Adjustment shall be increased to $4.75. This
subsection shall be inoperative on and after January 1, 2028.
    (e-4) Subject to federal approval, on and after January 1,
2024, the Department shall increase the rate add-on at
paragraph (7) subsection (a) under 89 Ill. Adm. Code 147.335
for ventilator services from $208 per day to $481 per day.
Payment is subject to the criteria and requirements under 89
Ill. Adm. Code 147.335.
    (f) (Blank).
    (g) Notwithstanding any other provision of this Code, on
and after July 1, 2012, for facilities not designated by the
Department of Healthcare and Family Services as "Institutions
for Mental Disease", rates effective May 1, 2011 shall be
adjusted as follows:
        (1) (Blank);
        (2) (Blank);
        (3) Facility rates for the capital and support
    components shall be reduced by 1.7%.
    (h) Notwithstanding any other provision of this Code, on
and after July 1, 2012, nursing facilities designated by the
Department of Healthcare and Family Services as "Institutions
for Mental Disease" and "Institutions for Mental Disease" that
are facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013 shall have the nursing,
socio-developmental, capital, and support components of their
reimbursement rate effective May 1, 2011 reduced in total by
2.7%.
    (i) On and after July 1, 2014, the reimbursement rates for
the support component of the nursing facility rate for
facilities licensed under the Nursing Home Care Act as skilled
or intermediate care facilities shall be the rate in effect on
June 30, 2014 increased by 8.17%.
    (i-1) Subject to federal approval, on and after January 1,
2024, the reimbursement rates for the support component of the
nursing facility rate for facilities licensed under the
Nursing Home Care Act as skilled or intermediate care
facilities shall be the rate in effect on June 30, 2023
increased by 12%.
    (j) Notwithstanding any other provision of law, subject to
federal approval, effective July 1, 2019, sufficient funds
shall be allocated for changes to rates for facilities
licensed under the Nursing Home Care Act as skilled nursing
facilities or intermediate care facilities for dates of
services on and after July 1, 2019: (i) to establish, through
June 30, 2022 a per diem add-on to the direct care per diem
rate not to exceed $70,000,000 annually in the aggregate
taking into account federal matching funds for the purpose of
addressing the facility's unique staffing needs, adjusted
quarterly and distributed by a weighted formula based on
Medicaid bed days on the last day of the second quarter
preceding the quarter for which the rate is being adjusted.
Beginning July 1, 2022, the annual $70,000,000 described in
the preceding sentence shall be dedicated to the variable per
diem add-on for staffing under paragraph (6) of subsection
(d); and (ii) in an amount not to exceed $170,000,000 annually
in the aggregate taking into account federal matching funds to
permit the support component of the nursing facility rate to
be updated as follows:
        (1) 80%, or $136,000,000, of the funds shall be used
    to update each facility's rate in effect on June 30, 2019
    using the most recent cost reports on file, which have had
    a limited review conducted by the Department of Healthcare
    and Family Services and will not hold up enacting the rate
    increase, with the Department of Healthcare and Family
    Services.
        (2) After completing the calculation in paragraph (1),
    any facility whose rate is less than the rate in effect on
    June 30, 2019 shall have its rate restored to the rate in
    effect on June 30, 2019 from the 20% of the funds set
    aside.
        (3) The remainder of the 20%, or $34,000,000, shall be
    used to increase each facility's rate by an equal
    percentage.
    (k) During the first quarter of State Fiscal Year 2020,
the Department of Healthcare of Family Services must convene a
technical advisory group consisting of members of all trade
associations representing Illinois skilled nursing providers
to discuss changes necessary with federal implementation of
Medicare's Patient-Driven Payment Model. Implementation of
Medicare's Patient-Driven Payment Model shall, by September 1,
2020, end the collection of the MDS data that is necessary to
maintain the current RUG-IV Medicaid payment methodology. The
technical advisory group must consider a revised reimbursement
methodology that takes into account transparency,
accountability, actual staffing as reported under the
federally required Payroll Based Journal system, changes to
the minimum wage, adequacy in coverage of the cost of care, and
a quality component that rewards quality improvements.
    (l) The Department shall establish per diem add-on
payments to improve the quality of care delivered by
facilities, including:
        (1) Incentive payments determined by facility
    performance on specified quality measures in an initial
    amount of $70,000,000. Nothing in this subsection shall be
    construed to limit the quality of care payments in the
    aggregate statewide to $70,000,000, and, if quality of
    care has improved across nursing facilities, the
    Department shall adjust those add-on payments accordingly.
    The quality payment methodology described in this
    subsection must be used for at least State Fiscal Year
    2023. Beginning with the quarter starting July 1, 2023,
    the Department may add, remove, or change quality metrics
    and make associated changes to the quality payment
    methodology as outlined in subparagraph (E). Facilities
    designated by the Centers for Medicare and Medicaid
    Services as a special focus facility or a hospital-based
    nursing home do not qualify for quality payments.
            (A) Each quality pool must be distributed by
        assigning a quality weighted score for each nursing
        home which is calculated by multiplying the nursing
        home's quality base period Medicaid days by the
        nursing home's star rating weight in that period.
            (B) Star rating weights are assigned based on the
        nursing home's star rating for the LTS quality star
        rating. As used in this subparagraph, "LTS quality
        star rating" means the long-term stay quality rating
        for each nursing facility, as assigned by the Centers
        for Medicare and Medicaid Services under the Five-Star
        Quality Rating System. The rating is a number ranging
        from 0 (lowest) to 5 (highest).
                (i) Zero-star or one-star rating has a weight
            of 0.
                (ii) Two-star rating has a weight of 0.75.
                (iii) Three-star rating has a weight of 1.5.
                (iv) Four-star rating has a weight of 2.5.
                (v) Five-star rating has a weight of 3.5.
            (C) Each nursing home's quality weight score is
        divided by the sum of all quality weight scores for
        qualifying nursing homes to determine the proportion
        of the quality pool to be paid to the nursing home.
            (D) The quality pool is no less than $70,000,000
        annually or $17,500,000 per quarter. The Department
        shall publish on its website the estimated payments
        and the associated weights for each facility 45 days
        prior to when the initial payments for the quarter are
        to be paid. The Department shall assign each facility
        the most recent and applicable quarter's STAR value
        unless the facility notifies the Department within 15
        days of an issue and the facility provides reasonable
        evidence demonstrating its timely compliance with
        federal data submission requirements for the quarter
        of record. If such evidence cannot be provided to the
        Department, the STAR rating assigned to the facility
        shall be reduced by one from the prior quarter.
            (E) The Department shall review quality metrics
        used for payment of the quality pool and make
        recommendations for any associated changes to the
        methodology for distributing quality pool payments in
        consultation with associations representing long-term
        care providers, consumer advocates, organizations
        representing workers of long-term care facilities, and
        payors. The Department may establish, by rule, changes
        to the methodology for distributing quality pool
        payments.
            (F) The Department shall disburse quality pool
        payments from the Long-Term Care Provider Fund on a
        monthly basis in amounts proportional to the total
        quality pool payment determined for the quarter.
            (G) The Department shall publish any changes in
        the methodology for distributing quality pool payments
        prior to the beginning of the measurement period or
        quality base period for any metric added to the
        distribution's methodology.
        (2) Payments based on CNA tenure, promotion, and CNA
    training for the purpose of increasing CNA compensation.
    It is the intent of this subsection that payments made in
    accordance with this paragraph be directly incorporated
    into increased compensation for CNAs. As used in this
    paragraph, "CNA" means a certified nursing assistant as
    that term is described in Section 3-206 of the Nursing
    Home Care Act, Section 3-206 of the ID/DD Community Care
    Act, and Section 3-206 of the MC/DD Act. The Department
    shall establish, by rule, payments to nursing facilities
    equal to Medicaid's share of the tenure wage increments
    specified in this paragraph for all reported CNA employee
    hours compensated according to a posted schedule
    consisting of increments at least as large as those
    specified in this paragraph. The increments are as
    follows: an additional $1.50 per hour for CNAs with at
    least one and less than 2 years' experience plus another
    $1 per hour for each additional year of experience up to a
    maximum of $6.50 for CNAs with at least 6 years of
    experience. For purposes of this paragraph, Medicaid's
    share shall be the ratio determined by paid Medicaid bed
    days divided by total bed days for the applicable time
    period used in the calculation. In addition, and additive
    to any tenure increments paid as specified in this
    paragraph, the Department shall establish, by rule,
    payments supporting Medicaid's share of the
    promotion-based wage increments for CNA employee hours
    compensated for that promotion with at least a $1.50
    hourly increase. Medicaid's share shall be established as
    it is for the tenure increments described in this
    paragraph. Qualifying promotions shall be defined by the
    Department in rules for an expected 10-15% subset of CNAs
    assigned intermediate, specialized, or added roles such as
    CNA trainers, CNA scheduling "captains", and CNA
    specialists for resident conditions like dementia or
    memory care or behavioral health.
    (m) The Department shall work with nursing facility
industry representatives to design policies and procedures to
permit facilities to address the integrity of data from
federal reporting sites used by the Department in setting
facility rates.
(Source: P.A. 102-77, eff. 7-9-21; 102-558, eff. 8-20-21;
102-1035, eff. 5-31-22; 102-1118, eff. 1-18-23; 103-102,
Article 40, Section 40-5, eff. 1-1-24; 103-102, Article 50,
Section 50-5, eff. 1-1-24; revised 12-15-23.)
 
    (305 ILCS 5/5-16.8)
    Sec. 5-16.8. Required health benefits. The medical
assistance program shall (i) provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and
356z.61, 356z.64, and 356z.67 of the Illinois Insurance Code,
(ii) be subject to the provisions of Sections 356z.19,
356z.44, 356z.49, 364.01, 370c, and 370c.1 of the Illinois
Insurance Code, and (iii) be subject to the provisions of
subsection (d-5) of Section 10 of the Network Adequacy and
Transparency Act.
    The Department, by rule, shall adopt a model similar to
the requirements of Section 356z.39 of the Illinois Insurance
Code.
    On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.
    To ensure full access to the benefits set forth in this
Section, on and after January 1, 2016, the Department shall
ensure that provider and hospital reimbursement for
post-mastectomy care benefits required under this Section are
no lower than the Medicare reimbursement rate.
(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.
1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,
eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;
102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
1-1-24; 103-420, eff. 1-1-24; revised 12-15-23.)
 
    (305 ILCS 5/5-47)
    Sec. 5-47. Medicaid reimbursement rates; substance use
disorder treatment providers and facilities.
    (a) Beginning on January 1, 2024, subject to federal
approval, the Department of Healthcare and Family Services, in
conjunction with the Department of Human Services' Division of
Substance Use Prevention and Recovery, shall provide a 30%
increase in reimbursement rates for all Medicaid-covered ASAM
Level 3 residential/inpatient substance use disorder treatment
services.
    No existing or future reimbursement rates or add-ons shall
be reduced or changed to address this proposed rate increase.
No later than 3 months after June 16, 2023 (the effective date
of Public Act 103-102) this amendatory Act of the 103rd
General Assembly, the Department of Healthcare and Family
Services shall submit any necessary application to the federal
Centers for Medicare and Medicaid Services to implement the
requirements of this Section.
    (b) Parity in community-based behavioral health rates;
implementation plan for cost reporting. For the purpose of
understanding behavioral health services cost structures and
their impact on the Medical Assistance Program, the Department
of Healthcare and Family Services shall engage stakeholders to
develop a plan for the regular collection of cost reporting
for all entity-based substance use disorder providers. Data
shall be used to inform on the effectiveness and efficiency of
Illinois Medicaid rates. The Department and stakeholders shall
develop a plan by April 1, 2024. The Department shall engage
stakeholders on implementation of the plan. The plan, at
minimum, shall consider all of the following:
        (1) Alignment with certified community behavioral
    health clinic requirements, standards, policies, and
    procedures.
        (2) Inclusion of prospective costs to measure what is
    needed to increase services and capacity.
        (3) Consideration of differences in collection and
    policies based on the size of providers.
        (4) Consideration of additional administrative time
    and costs.
        (5) Goals, purposes, and usage of data collected from
    cost reports.
        (6) Inclusion of qualitative data in addition to
    quantitative data.
        (7) Technical assistance for providers for completing
    cost reports including initial training by the Department
    for providers.
        (8) Implementation of a timeline which allows an
    initial grace period for providers to adjust internal
    procedures and data collection.
    Details from collected cost reports shall be made publicly
available on the Department's website and costs shall be used
to ensure the effectiveness and efficiency of Illinois
Medicaid rates.
    (c) Reporting; access to substance use disorder treatment
services and recovery supports. By no later than April 1,
2024, the Department of Healthcare and Family Services, with
input from the Department of Human Services' Division of
Substance Use Prevention and Recovery, shall submit a report
to the General Assembly regarding access to treatment services
and recovery supports for persons diagnosed with a substance
use disorder. The report shall include, but is not limited to,
the following information:
        (1) The number of providers enrolled in the Illinois
    Medical Assistance Program certified to provide substance
    use disorder treatment services, aggregated by ASAM level
    of care, and recovery supports.
        (2) The number of Medicaid customers in Illinois with
    a diagnosed substance use disorder receiving substance use
    disorder treatment, aggregated by provider type and ASAM
    level of care.
        (3) A comparison of Illinois' substance use disorder
    licensure and certification requirements with those of
    comparable state Medicaid programs.
        (4) Recommendations for and an analysis of the impact
    of aligning reimbursement rates for outpatient substance
    use disorder treatment services with reimbursement rates
    for community-based mental health treatment services.
        (5) Recommendations for expanding substance use
    disorder treatment to other qualified provider entities
    and licensed professionals of the healing arts. The
    recommendations shall include an analysis of the
    opportunities to maximize the flexibilities permitted by
    the federal Centers for Medicare and Medicaid Services for
    expanding access to the number and types of qualified
    substance use disorder providers.
(Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)
 
    (305 ILCS 5/5-50)
    Sec. 5-50 5-47. Coverage for mental health and substance
use disorder telehealth services.
    (a) As used in this Section:
    "Behavioral health care professional" has the meaning
given to "health care professional" in Section 5 of the
Telehealth Act, but only with respect to professionals
licensed or certified by the Division of Mental Health or
Division of Substance Use Prevention and Recovery of the
Department of Human Services engaged in the delivery of mental
health or substance use disorder treatment or services.
    "Behavioral health facility" means a community mental
health center, a behavioral health clinic, a substance use
disorder treatment program, or a facility or provider licensed
or certified by the Division of Mental Health or Division of
Substance Use Prevention and Recovery of the Department of
Human Services.
    "Behavioral telehealth services" has the meaning given to
the term "telehealth services" in Section 5 of the Telehealth
Act, but limited solely to mental health and substance use
disorder treatment or services to a patient, regardless of
patient location.
    "Distant site" has the meaning given to that term in
Section 5 of the Telehealth Act.
    "Originating site" has the meaning given to that term in
Section 5 of the Telehealth Act.
    (b) The Department and any managed care plans under
contract with the Department for the medical assistance
program shall provide for coverage of mental health and
substance use disorder treatment or services delivered as
behavioral telehealth services as specified in this Section.
The Department and any managed care plans under contract with
the Department for the medical assistance program may also
provide reimbursement to a behavioral health facility that
serves as the originating site at the time a behavioral
telehealth service is rendered.
    (c) To ensure behavioral telehealth services are equitably
provided, coverage required under this Section shall comply
with all of the following:
        (1) The Department and any managed care plans under
    contract with the Department for the medical assistance
    program shall not:
            (A) require that in-person contact occur between a
        behavioral health care professional and a patient
        before the provision of a behavioral telehealth
        service;
            (B) require patients, behavioral health care
        professionals, or behavioral health facilities to
        prove or document a hardship or access barrier to an
        in-person consultation for coverage and reimbursement
        of behavioral telehealth services;
            (C) require the use of behavioral telehealth
        services when the behavioral health care professional
        has determined that it is not appropriate;
            (D) require the use of behavioral telehealth
        services when a patient chooses an in-person
        consultation;
            (E) require a behavioral health care professional
        to be physically present in the same room as the
        patient at the originating site, unless deemed
        medically necessary by the behavioral health care
        professional providing the behavioral telehealth
        service;
            (F) create geographic or facility restrictions or
        requirements for behavioral telehealth services;
            (G) require behavioral health care professionals
        or behavioral health facilities to offer or provide
        behavioral telehealth services;
            (H) require patients to use behavioral telehealth
        services or require patients to use a separate panel
        of behavioral health care professionals or behavioral
        health facilities to receive behavioral telehealth
        services; or
            (I) impose upon behavioral telehealth services
        utilization review requirements that are unnecessary,
        duplicative, or unwarranted or impose any treatment
        limitations, prior authorization, documentation, or
        recordkeeping requirements that are more stringent
        than the requirements applicable to the same
        behavioral health care service when rendered
        in-person, except that procedure code modifiers may be
        required to document behavioral telehealth.
        (2) Any cost sharing applicable to services provided
    through behavioral telehealth shall not exceed the cost
    sharing required by the medical assistance program for the
    same services provided through in-person consultation.
        (3) The Department and any managed care plans under
    contract with the Department for the medical assistance
    program shall notify behavioral health care professionals
    and behavioral health facilities of any instructions
    necessary to facilitate billing for behavioral telehealth
    services.
    (d) For purposes of reimbursement, the Department and any
managed care plans under contract with the Department for the
medical assistance program shall reimburse a behavioral health
care professional or behavioral health facility for behavioral
telehealth services on the same basis, in the same manner, and
at the same reimbursement rate that would apply to the
services if the services had been delivered via an in-person
encounter by a behavioral health care professional or
behavioral health facility. This subsection applies only to
those services provided by behavioral telehealth that may
otherwise be billed as an in-person service.
    (e) Behavioral health care professionals and behavioral
health facilities shall determine the appropriateness of
specific sites, technology platforms, and technology vendors
for a behavioral telehealth service, as long as delivered
services adhere to all federal and State privacy, security,
and confidentiality laws, rules, or regulations, including,
but not limited to, the Health Insurance Portability and
Accountability Act of 1996, 42 CFR Part 2, and the Mental
Health and Developmental Disabilities Confidentiality Act.
    (f) Nothing in this Section shall be deemed as precluding
the Department and any managed care plans under contract with
the Department for the medical assistance program from
providing benefits for other telehealth services.
    (g) There shall be no restrictions on originating site
requirements for behavioral telehealth coverage or
reimbursement to the distant site under this Section other
than requiring the behavioral telehealth services to be
medically necessary and clinically appropriate.
    (h) Nothing in this Section shall be deemed as precluding
the Department and any managed care plans under contract with
the Department for the medical assistance program from
establishing limits on the use of telehealth for a particular
behavioral health service when the limits are consistent with
generally accepted standards of mental, emotional, nervous, or
substance use disorder or condition care.
    (i) The Department may adopt rules to implement the
provisions of this Section.
(Source: P.A. 103-243, eff. 1-1-24; revised 1-2-24.)
 
    (305 ILCS 5/5-51)
    Sec. 5-51 5-47. Proton beam therapy; managed care.
Notwithstanding any other provision of this Article, a managed
care organization under contract with the Department to
provide services to recipients of medical assistance shall
provide coverage for proton beam therapy.
    As used in this Section: ,
    "Proton "proton beam therapy" means a type of radiation
therapy treatment that utilizes protons as the radiation
delivery method for the treatment of tumors and cancerous
cells.
    "Radiation therapy treatment" means the delivery of
biological effective doses with proton therapy, intensity
modulated radiation therapy, brachytherapy, stereotactic body
radiation therapy, three-dimensional conformal radiation
therapy, or other forms of therapy using radiation.
(Source: P.A. 103-325, eff. 1-1-24; revised 1-2-24.)
 
    (305 ILCS 5/5A-12.7)
    (Section scheduled to be repealed on December 31, 2026)
    Sec. 5A-12.7. Continuation of hospital access payments on
and after July 1, 2020.
    (a) To preserve and improve access to hospital services,
for hospital services rendered on and after July 1, 2020, the
Department shall, except for hospitals described in subsection
(b) of Section 5A-3, make payments to hospitals or require
capitated managed care organizations to make payments as set
forth in this Section. Payments under this Section are not due
and payable, however, until: (i) the methodologies described
in this Section are approved by the federal government in an
appropriate State Plan amendment or directed payment preprint;
and (ii) the assessment imposed under this Article is
determined to be a permissible tax under Title XIX of the
Social Security Act. In determining the hospital access
payments authorized under subsection (g) of this Section, if a
hospital ceases to qualify for payments from the pool, the
payments for all hospitals continuing to qualify for payments
from such pool shall be uniformly adjusted to fully expend the
aggregate net amount of the pool, with such adjustment being
effective on the first day of the second month following the
date the hospital ceases to receive payments from such pool.
    (b) Amounts moved into claims-based rates and distributed
in accordance with Section 14-12 shall remain in those
claims-based rates.
    (c) Graduate medical education.
        (1) The calculation of graduate medical education
    payments shall be based on the hospital's Medicare cost
    report ending in Calendar Year 2018, as reported in the
    Healthcare Cost Report Information System file, release
    date September 30, 2019. An Illinois hospital reporting
    intern and resident cost on its Medicare cost report shall
    be eligible for graduate medical education payments.
        (2) Each hospital's annualized Medicaid Intern
    Resident Cost is calculated using annualized intern and
    resident total costs obtained from Worksheet B Part I,
    Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
    96-98, and 105-112 multiplied by the percentage that the
    hospital's Medicaid days (Worksheet S3 Part I, Column 7,
    Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
    hospital's total days (Worksheet S3 Part I, Column 8,
    Lines 14, 16-18, and 32).
        (3) An annualized Medicaid indirect medical education
    (IME) payment is calculated for each hospital using its
    IME payments (Worksheet E Part A, Line 29, Column 1)
    multiplied by the percentage that its Medicaid days
    (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
    and 32) comprise of its Medicare days (Worksheet S3 Part
    I, Column 6, Lines 2, 3, 4, 14, and 16-18).
        (4) For each hospital, its annualized Medicaid Intern
    Resident Cost and its annualized Medicaid IME payment are
    summed, and, except as capped at 120% of the average cost
    per intern and resident for all qualifying hospitals as
    calculated under this paragraph, is multiplied by the
    applicable reimbursement factor as described in this
    paragraph, to determine the hospital's final graduate
    medical education payment. Each hospital's average cost
    per intern and resident shall be calculated by summing its
    total annualized Medicaid Intern Resident Cost plus its
    annualized Medicaid IME payment and dividing that amount
    by the hospital's total Full Time Equivalent Residents and
    Interns. If the hospital's average per intern and resident
    cost is greater than 120% of the same calculation for all
    qualifying hospitals, the hospital's per intern and
    resident cost shall be capped at 120% of the average cost
    for all qualifying hospitals.
            (A) For the period of July 1, 2020 through
        December 31, 2022, the applicable reimbursement factor
        shall be 22.6%.
            (B) For the period of January 1, 2023 through
        December 31, 2026, the applicable reimbursement factor
        shall be 35% for all qualified safety-net hospitals,
        as defined in Section 5-5e.1 of this Code, and all
        hospitals with 100 or more Full Time Equivalent
        Residents and Interns, as reported on the hospital's
        Medicare cost report ending in Calendar Year 2018, and
        for all other qualified hospitals the applicable
        reimbursement factor shall be 30%.
    (d) Fee-for-service supplemental payments. For the period
of July 1, 2020 through December 31, 2022, each Illinois
hospital shall receive an annual payment equal to the amounts
below, to be paid in 12 equal installments on or before the
seventh State business day of each month, except that no
payment shall be due within 30 days after the later of the date
of notification of federal approval of the payment
methodologies required under this Section or any waiver
required under 42 CFR 433.68, at which time the sum of amounts
required under this Section prior to the date of notification
is due and payable.
        (1) For critical access hospitals, $385 per covered
    inpatient day contained in paid fee-for-service claims and
    $530 per paid fee-for-service outpatient claim for dates
    of service in Calendar Year 2019 in the Department's
    Enterprise Data Warehouse as of May 11, 2020.
        (2) For safety-net hospitals, $960 per covered
    inpatient day contained in paid fee-for-service claims and
    $625 per paid fee-for-service outpatient claim for dates
    of service in Calendar Year 2019 in the Department's
    Enterprise Data Warehouse as of May 11, 2020.
        (3) For long term acute care hospitals, $295 per
    covered inpatient day contained in paid fee-for-service
    claims for dates of service in Calendar Year 2019 in the
    Department's Enterprise Data Warehouse as of May 11, 2020.
        (4) For freestanding psychiatric hospitals, $125 per
    covered inpatient day contained in paid fee-for-service
    claims and $130 per paid fee-for-service outpatient claim
    for dates of service in Calendar Year 2019 in the
    Department's Enterprise Data Warehouse as of May 11, 2020.
        (5) For freestanding rehabilitation hospitals, $355
    per covered inpatient day contained in paid
    fee-for-service claims for dates of service in Calendar
    Year 2019 in the Department's Enterprise Data Warehouse as
    of May 11, 2020.
        (6) For all general acute care hospitals and high
    Medicaid hospitals as defined in subsection (f), $350 per
    covered inpatient day for dates of service in Calendar
    Year 2019 contained in paid fee-for-service claims and
    $620 per paid fee-for-service outpatient claim in the
    Department's Enterprise Data Warehouse as of May 11, 2020.
        (7) Alzheimer's treatment access payment. Each
    Illinois academic medical center or teaching hospital, as
    defined in Section 5-5e.2 of this Code, that is identified
    as the primary hospital affiliate of one of the Regional
    Alzheimer's Disease Assistance Centers, as designated by
    the Alzheimer's Disease Assistance Act and identified in
    the Department of Public Health's Alzheimer's Disease
    State Plan dated December 2016, shall be paid an
    Alzheimer's treatment access payment equal to the product
    of the qualifying hospital's State Fiscal Year 2018 total
    inpatient fee-for-service days multiplied by the
    applicable Alzheimer's treatment rate of $226.30 for
    hospitals located in Cook County and $116.21 for hospitals
    located outside Cook County.
    (d-2) Fee-for-service supplemental payments. Beginning
January 1, 2023, each Illinois hospital shall receive an
annual payment equal to the amounts listed below, to be paid in
12 equal installments on or before the seventh State business
day of each month, except that no payment shall be due within
30 days after the later of the date of notification of federal
approval of the payment methodologies required under this
Section or any waiver required under 42 CFR 433.68, at which
time the sum of amounts required under this Section prior to
the date of notification is due and payable. The Department
may adjust the rates in paragraphs (1) through (7) to comply
with the federal upper payment limits, with such adjustments
being determined so that the total estimated spending by
hospital class, under such adjusted rates, remains
substantially similar to the total estimated spending under
the original rates set forth in this subsection.
        (1) For critical access hospitals, as defined in
    subsection (f), $750 per covered inpatient day contained
    in paid fee-for-service claims and $750 per paid
    fee-for-service outpatient claim for dates of service in
    Calendar Year 2019 in the Department's Enterprise Data
    Warehouse as of August 6, 2021.
        (2) For safety-net hospitals, as described in
    subsection (f), $1,350 per inpatient day contained in paid
    fee-for-service claims and $1,350 per paid fee-for-service
    outpatient claim for dates of service in Calendar Year
    2019 in the Department's Enterprise Data Warehouse as of
    August 6, 2021.
        (3) For long term acute care hospitals, $550 per
    covered inpatient day contained in paid fee-for-service
    claims for dates of service in Calendar Year 2019 in the
    Department's Enterprise Data Warehouse as of August 6,
    2021.
        (4) For freestanding psychiatric hospitals, $200 per
    covered inpatient day contained in paid fee-for-service
    claims and $200 per paid fee-for-service outpatient claim
    for dates of service in Calendar Year 2019 in the
    Department's Enterprise Data Warehouse as of August 6,
    2021.
        (5) For freestanding rehabilitation hospitals, $550
    per covered inpatient day contained in paid
    fee-for-service claims and $125 per paid fee-for-service
    outpatient claim for dates of service in Calendar Year
    2019 in the Department's Enterprise Data Warehouse as of
    August 6, 2021.
        (6) For all general acute care hospitals and high
    Medicaid hospitals as defined in subsection (f), $500 per
    covered inpatient day for dates of service in Calendar
    Year 2019 contained in paid fee-for-service claims and
    $500 per paid fee-for-service outpatient claim in the
    Department's Enterprise Data Warehouse as of August 6,
    2021.
        (7) For public hospitals, as defined in subsection
    (f), $275 per covered inpatient day contained in paid
    fee-for-service claims and $275 per paid fee-for-service
    outpatient claim for dates of service in Calendar Year
    2019 in the Department's Enterprise Data Warehouse as of
    August 6, 2021.
        (8) Alzheimer's treatment access payment. Each
    Illinois academic medical center or teaching hospital, as
    defined in Section 5-5e.2 of this Code, that is identified
    as the primary hospital affiliate of one of the Regional
    Alzheimer's Disease Assistance Centers, as designated by
    the Alzheimer's Disease Assistance Act and identified in
    the Department of Public Health's Alzheimer's Disease
    State Plan dated December 2016, shall be paid an
    Alzheimer's treatment access payment equal to the product
    of the qualifying hospital's Calendar Year 2019 total
    inpatient fee-for-service days, in the Department's
    Enterprise Data Warehouse as of August 6, 2021, multiplied
    by the applicable Alzheimer's treatment rate of $244.37
    for hospitals located in Cook County and $312.03 for
    hospitals located outside Cook County.
    (e) The Department shall require managed care
organizations (MCOs) to make directed payments and
pass-through payments according to this Section. Each calendar
year, the Department shall require MCOs to pay the maximum
amount out of these funds as allowed as pass-through payments
under federal regulations. The Department shall require MCOs
to make such pass-through payments as specified in this
Section. The Department shall require the MCOs to pay the
remaining amounts as directed Payments as specified in this
Section. The Department shall issue payments to the
Comptroller by the seventh business day of each month for all
MCOs that are sufficient for MCOs to make the directed
payments and pass-through payments according to this Section.
The Department shall require the MCOs to make pass-through
payments and directed payments using electronic funds
transfers (EFT), if the hospital provides the information
necessary to process such EFTs, in accordance with directions
provided monthly by the Department, within 7 business days of
the date the funds are paid to the MCOs, as indicated by the
"Paid Date" on the website of the Office of the Comptroller if
the funds are paid by EFT and the MCOs have received directed
payment instructions. If funds are not paid through the
Comptroller by EFT, payment must be made within 7 business
days of the date actually received by the MCO. The MCO will be
considered to have paid the pass-through payments when the
payment remittance number is generated or the date the MCO
sends the check to the hospital, if EFT information is not
supplied. If an MCO is late in paying a pass-through payment or
directed payment as required under this Section (including any
extensions granted by the Department), it shall pay a penalty,
unless waived by the Department for reasonable cause, to the
Department equal to 5% of the amount of the pass-through
payment or directed payment not paid on or before the due date
plus 5% of the portion thereof remaining unpaid on the last day
of each 30-day period thereafter. Payments to MCOs that would
be paid consistent with actuarial certification and enrollment
in the absence of the increased capitation payments under this
Section shall not be reduced as a consequence of payments made
under this subsection. The Department shall publish and
maintain on its website for a period of no less than 8 calendar
quarters, the quarterly calculation of directed payments and
pass-through payments owed to each hospital from each MCO. All
calculations and reports shall be posted no later than the
first day of the quarter for which the payments are to be
issued.
    (f)(1) For purposes of allocating the funds included in
capitation payments to MCOs, Illinois hospitals shall be
divided into the following classes as defined in
administrative rules:
        (A) Beginning July 1, 2020 through December 31, 2022,
    critical access hospitals. Beginning January 1, 2023,
    "critical access hospital" means a hospital designated by
    the Department of Public Health as a critical access
    hospital, excluding any hospital meeting the definition of
    a public hospital in subparagraph (F).
        (B) Safety-net hospitals, except that stand-alone
    children's hospitals that are not specialty children's
    hospitals will not be included. For the calendar year
    beginning January 1, 2023, and each calendar year
    thereafter, assignment to the safety-net class shall be
    based on the annual safety-net rate year beginning 15
    months before the beginning of the first Payout Quarter of
    the calendar year.
        (C) Long term acute care hospitals.
        (D) Freestanding psychiatric hospitals.
        (E) Freestanding rehabilitation hospitals.
        (F) Beginning January 1, 2023, "public hospital" means
    a hospital that is owned or operated by an Illinois
    Government body or municipality, excluding a hospital
    provider that is a State agency, a State university, or a
    county with a population of 3,000,000 or more.
        (G) High Medicaid hospitals.
            (i) As used in this Section, "high Medicaid
        hospital" means a general acute care hospital that:
                (I) For the payout periods July 1, 2020
            through December 31, 2022, is not a safety-net
            hospital or critical access hospital and that has
            a Medicaid Inpatient Utilization Rate above 30% or
            a hospital that had over 35,000 inpatient Medicaid
            days during the applicable period. For the period
            July 1, 2020 through December 31, 2020, the
            applicable period for the Medicaid Inpatient
            Utilization Rate (MIUR) is the rate year 2020 MIUR
            and for the number of inpatient days it is State
            fiscal year 2018. Beginning in calendar year 2021,
            the Department shall use the most recently
            determined MIUR, as defined in subsection (h) of
            Section 5-5.02, and for the inpatient day
            threshold, the State fiscal year ending 18 months
            prior to the beginning of the calendar year. For
            purposes of calculating MIUR under this Section,
            children's hospitals and affiliated general acute
            care hospitals shall be considered a single
            hospital.
                (II) For the calendar year beginning January
            1, 2023, and each calendar year thereafter, is not
            a public hospital, safety-net hospital, or
            critical access hospital and that qualifies as a
            regional high volume hospital or is a hospital
            that has a Medicaid Inpatient Utilization Rate
            (MIUR) above 30%. As used in this item, "regional
            high volume hospital" means a hospital which ranks
            in the top 2 quartiles based on total hospital
            services volume, of all eligible general acute
            care hospitals, when ranked in descending order
            based on total hospital services volume, within
            the same Medicaid managed care region, as
            designated by the Department, as of January 1,
            2022. As used in this item, "total hospital
            services volume" means the total of all Medical
            Assistance hospital inpatient admissions plus all
            Medical Assistance hospital outpatient visits. For
            purposes of determining regional high volume
            hospital inpatient admissions and outpatient
            visits, the Department shall use dates of service
            provided during State Fiscal Year 2020 for the
            Payout Quarter beginning January 1, 2023. The
            Department shall use dates of service from the
            State fiscal year ending 18 month before the
            beginning of the first Payout Quarter of the
            subsequent annual determination period.
            (ii) For the calendar year beginning January 1,
        2023, the Department shall use the Rate Year 2022
        Medicaid inpatient utilization rate (MIUR), as defined
        in subsection (h) of Section 5-5.02. For each
        subsequent annual determination, the Department shall
        use the MIUR applicable to the rate year ending
        September 30 of the year preceding the beginning of
        the calendar year.
        (H) General acute care hospitals. As used under this
    Section, "general acute care hospitals" means all other
    Illinois hospitals not identified in subparagraphs (A)
    through (G).
    (2) Hospitals' qualification for each class shall be
assessed prior to the beginning of each calendar year and the
new class designation shall be effective January 1 of the next
year. The Department shall publish by rule the process for
establishing class determination.
    (3) Beginning January 1, 2024, the Department may reassign
hospitals or entire hospital classes as defined above, if
federal limits on the payments to the class to which the
hospitals are assigned based on the criteria in this
subsection prevent the Department from making payments to the
class that would otherwise be due under this Section. The
Department shall publish the criteria and composition of each
new class based on the reassignments, and the projected impact
on payments to each hospital under the new classes on its
website by November 15 of the year before the year in which the
class changes become effective.
    (g) Fixed pool directed payments. Beginning July 1, 2020,
the Department shall issue payments to MCOs which shall be
used to issue directed payments to qualified Illinois
safety-net hospitals and critical access hospitals on a
monthly basis in accordance with this subsection. Prior to the
beginning of each Payout Quarter beginning July 1, 2020, the
Department shall use encounter claims data from the
Determination Quarter, accepted by the Department's Medicaid
Management Information System for inpatient and outpatient
services rendered by safety-net hospitals and critical access
hospitals to determine a quarterly uniform per unit add-on for
each hospital class.
        (1) Inpatient per unit add-on. A quarterly uniform per
    diem add-on shall be derived by dividing the quarterly
    Inpatient Directed Payments Pool amount allocated to the
    applicable hospital class by the total inpatient days
    contained on all encounter claims received during the
    Determination Quarter, for all hospitals in the class.
            (A) Each hospital in the class shall have a
        quarterly inpatient directed payment calculated that
        is equal to the product of the number of inpatient days
        attributable to the hospital used in the calculation
        of the quarterly uniform class per diem add-on,
        multiplied by the calculated applicable quarterly
        uniform class per diem add-on of the hospital class.
            (B) Each hospital shall be paid 1/3 of its
        quarterly inpatient directed payment in each of the 3
        months of the Payout Quarter, in accordance with
        directions provided to each MCO by the Department.
        (2) Outpatient per unit add-on. A quarterly uniform
    per claim add-on shall be derived by dividing the
    quarterly Outpatient Directed Payments Pool amount
    allocated to the applicable hospital class by the total
    outpatient encounter claims received during the
    Determination Quarter, for all hospitals in the class.
            (A) Each hospital in the class shall have a
        quarterly outpatient directed payment calculated that
        is equal to the product of the number of outpatient
        encounter claims attributable to the hospital used in
        the calculation of the quarterly uniform class per
        claim add-on, multiplied by the calculated applicable
        quarterly uniform class per claim add-on of the
        hospital class.
            (B) Each hospital shall be paid 1/3 of its
        quarterly outpatient directed payment in each of the 3
        months of the Payout Quarter, in accordance with
        directions provided to each MCO by the Department.
        (3) Each MCO shall pay each hospital the Monthly
    Directed Payment as identified by the Department on its
    quarterly determination report.
        (4) Definitions. As used in this subsection:
            (A) "Payout Quarter" means each 3 month calendar
        quarter, beginning July 1, 2020.
            (B) "Determination Quarter" means each 3 month
        calendar quarter, which ends 3 months prior to the
        first day of each Payout Quarter.
        (5) For the period July 1, 2020 through December 2020,
    the following amounts shall be allocated to the following
    hospital class directed payment pools for the quarterly
    development of a uniform per unit add-on:
            (A) $2,894,500 for hospital inpatient services for
        critical access hospitals.
            (B) $4,294,374 for hospital outpatient services
        for critical access hospitals.
            (C) $29,109,330 for hospital inpatient services
        for safety-net hospitals.
            (D) $35,041,218 for hospital outpatient services
        for safety-net hospitals.
        (6) For the period January 1, 2023 through December
    31, 2023, the Department shall establish the amounts that
    shall be allocated to the hospital class directed payment
    fixed pools identified in this paragraph for the quarterly
    development of a uniform per unit add-on. The Department
    shall establish such amounts so that the total amount of
    payments to each hospital under this Section in calendar
    year 2023 is projected to be substantially similar to the
    total amount of such payments received by the hospital
    under this Section in calendar year 2021, adjusted for
    increased funding provided for fixed pool directed
    payments under subsection (g) in calendar year 2022,
    assuming that the volume and acuity of claims are held
    constant. The Department shall publish the directed
    payment fixed pool amounts to be established under this
    paragraph on its website by November 15, 2022.
            (A) Hospital inpatient services for critical
        access hospitals.
            (B) Hospital outpatient services for critical
        access hospitals.
            (C) Hospital inpatient services for public
        hospitals.
            (D) Hospital outpatient services for public
        hospitals.
            (E) Hospital inpatient services for safety-net
        hospitals.
            (F) Hospital outpatient services for safety-net
        hospitals.
        (7) Semi-annual rate maintenance review. The
    Department shall ensure that hospitals assigned to the
    fixed pools in paragraph (6) are paid no less than 95% of
    the annual initial rate for each 6-month period of each
    annual payout period. For each calendar year, the
    Department shall calculate the annual initial rate per day
    and per visit for each fixed pool hospital class listed in
    paragraph (6), by dividing the total of all applicable
    inpatient or outpatient directed payments issued in the
    preceding calendar year to the hospitals in each fixed
    pool class for the calendar year, plus any increase
    resulting from the annual adjustments described in
    subsection (i), by the actual applicable total service
    units for the preceding calendar year which were the basis
    of the total applicable inpatient or outpatient directed
    payments issued to the hospitals in each fixed pool class
    in the calendar year, except that for calendar year 2023,
    the service units from calendar year 2021 shall be used.
            (A) The Department shall calculate the effective
        rate, per day and per visit, for the payout periods of
        January to June and July to December of each year, for
        each fixed pool listed in paragraph (6), by dividing
        50% of the annual pool by the total applicable
        reported service units for the 2 applicable
        determination quarters.
            (B) If the effective rate calculated in
        subparagraph (A) is less than 95% of the annual
        initial rate assigned to the class for each pool under
        paragraph (6), the Department shall adjust the payment
        for each hospital to a level equal to no less than 95%
        of the annual initial rate, by issuing a retroactive
        adjustment payment for the 6-month period under review
        as identified in subparagraph (A).
    (h) Fixed rate directed payments. Effective July 1, 2020,
the Department shall issue payments to MCOs which shall be
used to issue directed payments to Illinois hospitals not
identified in paragraph (g) on a monthly basis. Prior to the
beginning of each Payout Quarter beginning July 1, 2020, the
Department shall use encounter claims data from the
Determination Quarter, accepted by the Department's Medicaid
Management Information System for inpatient and outpatient
services rendered by hospitals in each hospital class
identified in paragraph (f) and not identified in paragraph
(g). For the period July 1, 2020 through December 2020, the
Department shall direct MCOs to make payments as follows:
        (1) For general acute care hospitals an amount equal
    to $1,750 multiplied by the hospital's category of service
    20 case mix index for the determination quarter multiplied
    by the hospital's total number of inpatient admissions for
    category of service 20 for the determination quarter.
        (2) For general acute care hospitals an amount equal
    to $160 multiplied by the hospital's category of service
    21 case mix index for the determination quarter multiplied
    by the hospital's total number of inpatient admissions for
    category of service 21 for the determination quarter.
        (3) For general acute care hospitals an amount equal
    to $80 multiplied by the hospital's category of service 22
    case mix index for the determination quarter multiplied by
    the hospital's total number of inpatient admissions for
    category of service 22 for the determination quarter.
        (4) For general acute care hospitals an amount equal
    to $375 multiplied by the hospital's category of service
    24 case mix index for the determination quarter multiplied
    by the hospital's total number of category of service 24
    paid EAPG (EAPGs) for the determination quarter.
        (5) For general acute care hospitals an amount equal
    to $240 multiplied by the hospital's category of service
    27 and 28 case mix index for the determination quarter
    multiplied by the hospital's total number of category of
    service 27 and 28 paid EAPGs for the determination
    quarter.
        (6) For general acute care hospitals an amount equal
    to $290 multiplied by the hospital's category of service
    29 case mix index for the determination quarter multiplied
    by the hospital's total number of category of service 29
    paid EAPGs for the determination quarter.
        (7) For high Medicaid hospitals an amount equal to
    $1,800 multiplied by the hospital's category of service 20
    case mix index for the determination quarter multiplied by
    the hospital's total number of inpatient admissions for
    category of service 20 for the determination quarter.
        (8) For high Medicaid hospitals an amount equal to
    $160 multiplied by the hospital's category of service 21
    case mix index for the determination quarter multiplied by
    the hospital's total number of inpatient admissions for
    category of service 21 for the determination quarter.
        (9) For high Medicaid hospitals an amount equal to $80
    multiplied by the hospital's category of service 22 case
    mix index for the determination quarter multiplied by the
    hospital's total number of inpatient admissions for
    category of service 22 for the determination quarter.
        (10) For high Medicaid hospitals an amount equal to
    $400 multiplied by the hospital's category of service 24
    case mix index for the determination quarter multiplied by
    the hospital's total number of category of service 24 paid
    EAPG outpatient claims for the determination quarter.
        (11) For high Medicaid hospitals an amount equal to
    $240 multiplied by the hospital's category of service 27
    and 28 case mix index for the determination quarter
    multiplied by the hospital's total number of category of
    service 27 and 28 paid EAPGs for the determination
    quarter.
        (12) For high Medicaid hospitals an amount equal to
    $290 multiplied by the hospital's category of service 29
    case mix index for the determination quarter multiplied by
    the hospital's total number of category of service 29 paid
    EAPGs for the determination quarter.
        (13) For long term acute care hospitals the amount of
    $495 multiplied by the hospital's total number of
    inpatient days for the determination quarter.
        (14) For psychiatric hospitals the amount of $210
    multiplied by the hospital's total number of inpatient
    days for category of service 21 for the determination
    quarter.
        (15) For psychiatric hospitals the amount of $250
    multiplied by the hospital's total number of outpatient
    claims for category of service 27 and 28 for the
    determination quarter.
        (16) For rehabilitation hospitals the amount of $410
    multiplied by the hospital's total number of inpatient
    days for category of service 22 for the determination
    quarter.
        (17) For rehabilitation hospitals the amount of $100
    multiplied by the hospital's total number of outpatient
    claims for category of service 29 for the determination
    quarter.
        (18) Effective for the Payout Quarter beginning
    January 1, 2023, for the directed payments to hospitals
    required under this subsection, the Department shall
    establish the amounts that shall be used to calculate such
    directed payments using the methodologies specified in
    this paragraph. The Department shall use a single, uniform
    rate, adjusted for acuity as specified in paragraphs (1)
    through (12), for all categories of inpatient services
    provided by each class of hospitals and a single uniform
    rate, adjusted for acuity as specified in paragraphs (1)
    through (12), for all categories of outpatient services
    provided by each class of hospitals. The Department shall
    establish such amounts so that the total amount of
    payments to each hospital under this Section in calendar
    year 2023 is projected to be substantially similar to the
    total amount of such payments received by the hospital
    under this Section in calendar year 2021, adjusted for
    increased funding provided for fixed pool directed
    payments under subsection (g) in calendar year 2022,
    assuming that the volume and acuity of claims are held
    constant. The Department shall publish the directed
    payment amounts to be established under this subsection on
    its website by November 15, 2022.
        (19) Each hospital shall be paid 1/3 of their
    quarterly inpatient and outpatient directed payment in
    each of the 3 months of the Payout Quarter, in accordance
    with directions provided to each MCO by the Department.
        (20) Each MCO shall pay each hospital the Monthly
    Directed Payment amount as identified by the Department on
    its quarterly determination report.
    Notwithstanding any other provision of this subsection, if
the Department determines that the actual total hospital
utilization data that is used to calculate the fixed rate
directed payments is substantially different than anticipated
when the rates in this subsection were initially determined
for unforeseeable circumstances (such as the COVID-19 pandemic
or some other public health emergency), the Department may
adjust the rates specified in this subsection so that the
total directed payments approximate the total spending amount
anticipated when the rates were initially established.
    Definitions. As used in this subsection:
            (A) "Payout Quarter" means each calendar quarter,
        beginning July 1, 2020.
            (B) "Determination Quarter" means each calendar
        quarter which ends 3 months prior to the first day of
        each Payout Quarter.
            (C) "Case mix index" means a hospital specific
        calculation. For inpatient claims the case mix index
        is calculated each quarter by summing the relative
        weight of all inpatient Diagnosis-Related Group (DRG)
        claims for a category of service in the applicable
        Determination Quarter and dividing the sum by the
        number of sum total of all inpatient DRG admissions
        for the category of service for the associated claims.
        The case mix index for outpatient claims is calculated
        each quarter by summing the relative weight of all
        paid EAPGs in the applicable Determination Quarter and
        dividing the sum by the sum total of paid EAPGs for the
        associated claims.
    (i) Beginning January 1, 2021, the rates for directed
payments shall be recalculated in order to spend the
additional funds for directed payments that result from
reduction in the amount of pass-through payments allowed under
federal regulations. The additional funds for directed
payments shall be allocated proportionally to each class of
hospitals based on that class' proportion of services.
        (1) Beginning January 1, 2024, the fixed pool directed
    payment amounts and the associated annual initial rates
    referenced in paragraph (6) of subsection (f) for each
    hospital class shall be uniformly increased by a ratio of
    not less than, the ratio of the total pass-through
    reduction amount pursuant to paragraph (4) of subsection
    (j), for the hospitals comprising the hospital fixed pool
    directed payment class for the next calendar year, to the
    total inpatient and outpatient directed payments for the
    hospitals comprising the hospital fixed pool directed
    payment class paid during the preceding calendar year.
        (2) Beginning January 1, 2024, the fixed rates for the
    directed payments referenced in paragraph (18) of
    subsection (h) for each hospital class shall be uniformly
    increased by a ratio of not less than, the ratio of the
    total pass-through reduction amount pursuant to paragraph
    (4) of subsection (j), for the hospitals comprising the
    hospital directed payment class for the next calendar
    year, to the total inpatient and outpatient directed
    payments for the hospitals comprising the hospital fixed
    rate directed payment class paid during the preceding
    calendar year.
    (j) Pass-through payments.
        (1) For the period July 1, 2020 through December 31,
    2020, the Department shall assign quarterly pass-through
    payments to each class of hospitals equal to one-fourth of
    the following annual allocations:
            (A) $390,487,095 to safety-net hospitals.
            (B) $62,553,886 to critical access hospitals.
            (C) $345,021,438 to high Medicaid hospitals.
            (D) $551,429,071 to general acute care hospitals.
            (E) $27,283,870 to long term acute care hospitals.
            (F) $40,825,444 to freestanding psychiatric
        hospitals.
            (G) $9,652,108 to freestanding rehabilitation
        hospitals.
        (2) For the period of July 1, 2020 through December
    31, 2020, the pass-through payments shall at a minimum
    ensure hospitals receive a total amount of monthly
    payments under this Section as received in calendar year
    2019 in accordance with this Article and paragraph (1) of
    subsection (d-5) of Section 14-12, exclusive of amounts
    received through payments referenced in subsection (b).
        (3) For the calendar year beginning January 1, 2023,
    the Department shall establish the annual pass-through
    allocation to each class of hospitals and the pass-through
    payments to each hospital so that the total amount of
    payments to each hospital under this Section in calendar
    year 2023 is projected to be substantially similar to the
    total amount of such payments received by the hospital
    under this Section in calendar year 2021, adjusted for
    increased funding provided for fixed pool directed
    payments under subsection (g) in calendar year 2022,
    assuming that the volume and acuity of claims are held
    constant. The Department shall publish the pass-through
    allocation to each class and the pass-through payments to
    each hospital to be established under this subsection on
    its website by November 15, 2022.
        (4) For the calendar years beginning January 1, 2021
    and January 1, 2022, each hospital's pass-through payment
    amount shall be reduced proportionally to the reduction of
    all pass-through payments required by federal regulations.
    Beginning January 1, 2024, the Department shall reduce
    total pass-through payments by the minimum amount
    necessary to comply with federal regulations. Pass-through
    payments to safety-net hospitals, as defined in Section
    5-5e.1 of this Code, shall not be reduced until all
    pass-through payments to other hospitals have been
    eliminated. All other hospitals shall have their
    pass-through payments reduced proportionally.
    (k) At least 30 days prior to each calendar year, the
Department shall notify each hospital of changes to the
payment methodologies in this Section, including, but not
limited to, changes in the fixed rate directed payment rates,
the aggregate pass-through payment amount for all hospitals,
and the hospital's pass-through payment amount for the
upcoming calendar year.
    (l) Notwithstanding any other provisions of this Section,
the Department may adopt rules to change the methodology for
directed and pass-through payments as set forth in this
Section, but only to the extent necessary to obtain federal
approval of a necessary State Plan amendment or Directed
Payment Preprint or to otherwise conform to federal law or
federal regulation.
    (m) As used in this subsection, "managed care
organization" or "MCO" means an entity which contracts with
the Department to provide services where payment for medical
services is made on a capitated basis, excluding contracted
entities for dual eligible or Department of Children and
Family Services youth populations.
    (n) In order to address the escalating infant mortality
rates among minority communities in Illinois, the State shall,
subject to appropriation, create a pool of funding of at least
$50,000,000 annually to be disbursed among safety-net
hospitals that maintain perinatal designation from the
Department of Public Health. The funding shall be used to
preserve or enhance OB/GYN services or other specialty
services at the receiving hospital, with the distribution of
funding to be established by rule and with consideration to
perinatal hospitals with safe birthing levels and quality
metrics for healthy mothers and babies.
    (o) In order to address the growing challenges of
providing stable access to healthcare in rural Illinois,
including perinatal services, behavioral healthcare including
substance use disorder services (SUDs) and other specialty
services, and to expand access to telehealth services among
rural communities in Illinois, the Department of Healthcare
and Family Services shall administer a program to provide at
least $10,000,000 in financial support annually to critical
access hospitals for delivery of perinatal and OB/GYN
services, behavioral healthcare including SUDS, other
specialty services and telehealth services. The funding shall
be used to preserve or enhance perinatal and OB/GYN services,
behavioral healthcare including SUDS, other specialty
services, as well as the explanation of telehealth services by
the receiving hospital, with the distribution of funding to be
established by rule.
    (p) For calendar year 2023, the final amounts, rates, and
payments under subsections (c), (d-2), (g), (h), and (j) shall
be established by the Department, so that the sum of the total
estimated annual payments under subsections (c), (d-2), (g),
(h), and (j) for each hospital class for calendar year 2023, is
no less than:
        (1) $858,260,000 to safety-net hospitals.
        (2) $86,200,000 to critical access hospitals.
        (3) $1,765,000,000 to high Medicaid hospitals.
        (4) $673,860,000 to general acute care hospitals.
        (5) $48,330,000 to long term acute care hospitals.
        (6) $89,110,000 to freestanding psychiatric hospitals.
        (7) $24,300,000 to freestanding rehabilitation
    hospitals.
        (8) $32,570,000 to public hospitals.
    (q) Hospital Pandemic Recovery Stabilization Payments. The
Department shall disburse a pool of $460,000,000 in stability
payments to hospitals prior to April 1, 2023. The allocation
of the pool shall be based on the hospital directed payment
classes and directed payments issued, during Calendar Year
2022 with added consideration to safety net hospitals, as
defined in subdivision (f)(1)(B) of this Section, and critical
access hospitals.
(Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21;
102-886, eff. 5-17-22; 102-1115, eff. 1-9-23; 103-102, eff.
6-16-23; revised 9-21-23.)
 
    (305 ILCS 5/6-9)  (from Ch. 23, par. 6-9)
    Sec. 6-9. (a)(1) A local governmental unit may provide
assistance to households under its General Assistance program
following a declaration by the President of the United States
of a major disaster or emergency pursuant to the Federal
Disaster Relief Act of 1974, as now or hereafter amended, if
the local governmental unit is within the area designated
under the declaration. A local governmental government unit
may also provide assistance to households under its General
Assistance program following a disaster proclamation issued by
the Governor if the local governmental unit is within the area
designated under the proclamation. Assistance under this
Section may be provided to households which have suffered
damage, loss, or hardships as a result of the major disaster or
emergency. Assistance under this Section may be provided to
households without regard to the eligibility requirements and
other requirements of this Code. Assistance under this Section
may be provided only during the 90-day period following the
date of declaration of a major disaster or emergency.
    (2) A local governmental unit shall not use State funds to
provide assistance under this Section. If a local governmental
unit receives State funds to provide General Assistance under
this Article, assistance provided by the local governmental
unit under this Section shall not be considered in determining
whether a local governmental unit has qualified to receive
State funds under Article XII. A local governmental unit which
provides assistance under this Section shall not, as a result
of payment of such assistance, change the nature or amount of
assistance provided to any other individual or family under
this Article.
    (3) This Section shall not apply to any municipality of
more than 500,000 population in which a separate program has
been established by the Illinois Department under Section 6-1.
    (b)(1) A local governmental unit may provide assistance to
households for food and temporary shelter. To qualify for
assistance a household shall submit to the local governmental
unit: (A) such application as the local governmental unit may
require; (B) a copy of an application to the Federal Emergency
Management Agency (hereinafter "FEMA") or the Small Business
Administration (hereinafter "SBA") for assistance; (C) such
other proof of damage, loss, or hardship as the local
governmental unit may require; and (D) an agreement to
reimburse the local governmental unit for the amount of any
assistance received by the household under this subsection
(b).
    (2) Assistance under this subsection (b) may be in the
form of cash or vouchers. The amount of assistance provided to
a household in any month under this subsection (b) shall not
exceed the maximum amount payable under Section 6-2.
    (3) No assistance shall be provided to a household after
it receives a determination of its application to FEMA or SBA
for assistance.
    (4) A household which has received assistance under this
subsection (b) shall reimburse the local governmental unit in
full for any assistance received under this subsection. If the
household receives assistance from FEMA or SBA in the form of
loans or grants, the household shall reimburse the local
governmental unit from those funds. If the household's request
for assistance is denied or rejected by the FEMA or SBA, the
household shall repay the local governmental unit in
accordance with a repayment schedule prescribed by the local
governmental unit.
    (c)(1) A local governmental unit may provide assistance to
households for structural repairs to homes or for repair or
replacement of home electrical or heating systems, bedding,
and food refrigeration equipment. To qualify for assistance a
household shall submit to the local governmental unit: (A)
such application as the local governmental unit may require;
(B) a copy of claim to an insurance company for reimbursement
for the damage or loss for which assistance is sought; (C) such
other proof of damage, loss, or hardship as the local
governmental unit may require; and (D) an agreement to
reimburse the local governmental unit for the amount of any
assistance received by the household under this subsection
(c).
    (2) Any assistance provided under this subsection (c)
shall be in the form of direct payments to vendors, and shall
not be made directly to a household. The total amount of
assistance provided to a household under this subsection (c)
shall not exceed $1,500.
    (3) No assistance shall be provided to a household after
it receives a determination of its insurance claims.
    (4) A household which has received assistance under this
subsection (c) shall reimburse the local governmental unit in
full for any assistance received under this subsection. If the
household's insurance claim is approved, the household shall
reimburse the local governmental unit from the proceeds. If
the household's insurance claim is denied, the household shall
repay the local governmental unit in accordance with a
repayment schedule prescribed by the local governmental unit.
(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)
 
    (305 ILCS 5/6-12)  (from Ch. 23, par. 6-12)
    Sec. 6-12. General Assistance not funded by State. General
Assistance programs in local governments that do not receive
State funds shall continue to be governed by Sections 6-1
through 6-10, as applicable, as well as other relevant parts
of this Code and other laws. However, notwithstanding any
other provision of this Code, any unit of local government
that does not receive State funds may implement a General
Assistance program that complies with Sections Section 6-11
and 6-11a. So long as the program complies with either Section
6-11 or 6-12, the program shall not be deemed out of compliance
with or in violation of this Code.
(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)
 
    (305 ILCS 5/12-4.57)
    Sec. 12-4.57. Prospective Payment System rates; increase
for federally qualified health centers. Beginning January 1,
2024, subject to federal approval, the Department of
Healthcare and Family Services shall increase the Prospective
Payment System rates for federally qualified health centers to
a level calculated to spend an additional $50,000,000 in the
first year of application using an alternative payment method
acceptable to the Centers for Medicare and Medicaid Services
and a trade association representing a majority of federally
qualified health centers operating in Illinois, including a
rate increase that is an equal percentage increase to the
rates paid to each federally qualified health center.
(Source: P.A. 103-102, eff. 1-1-24.)
 
    (305 ILCS 5/12-4.58)
    Sec. 12-4.58 12-4.57. Stolen SNAP benefits via card
skimming; data collection and reports.
    (a) As the State administrator of benefits provided under
the federally funded Supplemental Nutrition Assistance Program
(SNAP), the Department of Human Services shall track and
collect data on the scope and frequency of SNAP benefits fraud
in this State where a SNAP recipient's benefits are stolen
from the recipient's electronic benefits transfer card by
means of card skimming, card cloning, or some other similar
fraudulent method. The Department shall specifically keep a
record of every report made to the Department by a SNAP
recipient alleging the theft of benefits due to no fault of the
recipient, the benefit amount stolen, and, if practicable, how
those stolen benefits were used and the location of those
thefts.
    (b) The Department shall report its findings to the
General Assembly on an annual basis beginning on January 1,
2024. The Department shall file an annual report no later than
the 60th day of the following year following each reporting
period. A SNAP recipient's personally identifiable information
shall be excluded from the reports consistent with State and
federal privacy protections. Each annual report shall also be
posted on the Department's official website.
    (c) If the Department determines that a SNAP recipient has
made a substantiated report of stolen benefits due to card
skimming, card cloning, or some other similar fraudulent
method, the Department shall refer the matter to the State's
Attorney who has jurisdiction over the alleged theft or fraud
and shall provide any assistance to that State's Attorney in
the prosecution of the alleged theft or fraud.
(Source: P.A. 103-297, eff. 1-1-24; revised 1-2-24.)
 
    Section 450. The Abandoned Newborn Infant Protection Act
is amended by changing Sections 10, 30, and 35 as follows:
 
    (325 ILCS 2/10)
    Sec. 10. Definitions. In this Act:
    "Abandon" has the same meaning as in the Abused and
Neglected Child Reporting Act.
    "Abused child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
    "Child welfare agency" means an Illinois licensed public
or private agency that receives a child for the purpose of
placing or arranging for the placement of the child in a foster
or pre-adoptive family home or other facility for child care,
apart from the custody of the child's parents.
    "Department" or "DCFS" means the Illinois Department of
Children and Family Services.
    "Emergency medical facility" means a freestanding
emergency center or trauma center, as defined in the Emergency
Medical Services (EMS) Systems Act.
    "Emergency medical professional" includes licensed
physicians, and any emergency medical technician, emergency
medical technician-intermediate, advanced emergency medical
technician, paramedic, trauma nurse specialist, and
pre-hospital registered nurse, as defined in the Emergency
Medical Services (EMS) Systems Act.
    "Fire station" means a fire station within the State with
at least one staff person.
    "Hospital" has the same meaning as in the Hospital
Licensing Act.
    "Legal custody" means the relationship created by a court
order in the best interest of a newborn infant that imposes on
the infant's custodian the responsibility of physical
possession of the infant, the duty to protect, train, and
discipline the infant, and the duty to provide the infant with
food, shelter, education, and medical care, except as these
are limited by parental rights and responsibilities.
    "Neglected child" has the same meaning as in the Abused
and Neglected Child Reporting Act.
    "Newborn infant" means a child who a licensed physician
reasonably believes is 30 days old or less at the time the
child is initially relinquished to a hospital, police station,
fire station, or emergency medical facility, and who is not an
abused or a neglected child.
    "Parent" or "biological parent" or "birth parent" means a
person who has established maternity or paternity of the
newborn infant through genetic testing.
    "Police station" means a municipal police station, a
county sheriff's office, a campus police department located on
any college or university owned or controlled by the State or
any private college or private university that is not owned or
controlled by the State when employees of the campus police
department are present, or any of the district headquarters of
the Illinois State Police.
    "Relinquish" means to bring a newborn infant, who a
licensed physician reasonably believes is 30 days old or less,
to a hospital, police station, fire station, or emergency
medical facility and to leave the infant with personnel of the
facility, if the person leaving the infant does not express an
intent to return for the infant or states that the person will
not return for the infant. In the case of a person who gives
birth to an infant in a hospital, the person's act of leaving
that newborn infant at the hospital (i) without expressing an
intent to return for the infant or (ii) stating that the person
will not return for the infant is not a "relinquishment" under
this Act.
    "Temporary protective custody" means the temporary
placement of a newborn infant within a hospital or other
medical facility out of the custody of the infant's parent.
(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24;
revised 9-14-23.)
 
    (325 ILCS 2/30)
    Sec. 30. Anonymity of relinquishing person. If there is
no evidence of abuse or neglect of a relinquished newborn
infant, the relinquishing person has the right to remain
anonymous and to leave the hospital, police station, fire
station, or emergency medical facility at any time and not be
pursued or followed. Before the relinquishing person leaves
the hospital, police station, fire station, or emergency
medical facility, the hospital, police station, fire station,
or emergency medical facility personnel shall (i) verbally
inform the relinquishing person that by relinquishing the
child anonymously, the relinquishing person will have to
petition the court if the relinquishing person desires to
prevent the termination of parental rights and regain custody
of the child and (ii) shall offer the relinquishing person the
information packet described in Section 35 of this Act.
However, nothing in this Act shall be construed as precluding
the relinquishing person from providing the relinquishing
person's identity or completing the application forms for the
Illinois Adoption Registry and Medical Information Exchange
and requesting that the hospital, police station, fire
station, or emergency medical facility forward those forms to
the Illinois Adoption Registry and Medical Information
Exchange.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
 
    (325 ILCS 2/35)
    Sec. 35. Information for relinquishing person.
    (a) The hospital, police station, fire station, or
emergency medical facility that receives a newborn infant
relinquished in accordance with this Act shall offer to the
relinquishing person information about the relinquishment
process and, either in writing or by referring such person to a
website or other electronic resource, such information shall
state that the relinquishing person's acceptance of the
information is completely voluntary. The information packet
must include all of the following:
        (1) (Blank).
        (2) Written notice of the following:
            (A) No sooner than 60 days following the date of
        the initial relinquishment of the infant to a
        hospital, police station, fire station, or emergency
        medical facility, the child welfare agency or the
        Department will commence proceedings for the
        termination of parental rights and placement of the
        infant for adoption.
            (B) Failure of a parent of the infant to contact
        the Department and petition for the return of custody
        of the infant before termination of parental rights
        bars any future action asserting legal rights with
        respect to the infant.
        (3) A resource list of providers of counseling
    services including grief counseling, pregnancy counseling,
    and counseling regarding adoption and other available
    options for placement of the infant.
    Upon request of a parent, the Department of Public Health
shall provide the application forms for the Illinois Adoption
Registry and Medical Information Exchange.
    (b) The information offered to a relinquishing person in
accordance with this Act shall include, in addition to other
information required under this Act, the following:
        (1) Information that describes this Act and the rights
    of birth parents, including an option for the parent to
    complete and mail to the Department of Children and Family
    Services a form that shall ask for basic anonymous
    background information about the relinquished child. This
    form shall be maintained by the Department on its website.
        (2) Information about the Illinois Adoption Registry,
    including a toll-free number and website information.
        (3) Information about a mother's postpartum health.
    The information provided in writing or through electronic
means shall be designed in coordination between the Office of
Vital Records and the Department of Children and Family
Services. The Failure to provide such information under this
Section or the failure of the relinquishing person to accept
such information shall not invalidate the relinquishment under
this Act.
(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24;
revised 9-15-23.)
 
    Section 455. The Abused and Neglected Child Reporting Act
is amended by changing Sections 4.5 and 7.4 as follows:
 
    (325 ILCS 5/4.5)
    Sec. 4.5. Electronic and information technology workers;
reporting child pornography.
    (a) In this Section:
    "Child pornography" means child pornography as described
in Section 11-20.1 of the Criminal Code of 2012.
    "Electronic and information technology equipment" means
equipment used in the creation, manipulation, storage,
display, or transmission of data, including internet and
intranet systems, software applications, operating systems,
video and multimedia, telecommunications products, kiosks,
information transaction machines, copiers, printers, and
desktop and portable computers.
    "Electronic and information technology equipment worker"
means a person who in the scope and course of the person's
employment or business installs, repairs, or otherwise
services electronic and information technology equipment for a
fee but does not include (i) an employee, independent
contractor, or other agent of a telecommunications carrier or
telephone or telecommunications cooperative, as those terms
are defined in the Public Utilities Act, or (ii) an employee,
independent contractor, or other agent of a provider of
commercial mobile radio service, as defined in 47 CFR C.F.R.
20.3.
    (b) If an electronic and information technology equipment
worker discovers any depiction of child pornography while
installing, repairing, or otherwise servicing an item of
electronic and information technology equipment, that worker
or the worker's employer shall immediately report the
discovery to the local law enforcement agency or to the Cyber
Tipline at the National Center for Missing and Exploited
Children.
    (c) If a report is filed in accordance with the
requirements of 42 U.S.C. 13032, the requirements of this
Section 4.5 will be deemed to have been met.
    (d) An electronic and information technology equipment
worker or electronic and information technology equipment
worker's employer who reports a discovery of child pornography
as required under this Section is immune from any criminal,
civil, or administrative liability in connection with making
the report, except for willful or wanton misconduct.
    (e) Failure to report a discovery of child pornography as
required under this Section is a business offense subject to a
fine of $1,001.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
 
    (325 ILCS 5/7.4)
    Sec. 7.4. (a) The Department shall be capable of receiving
reports of suspected child abuse or neglect 24 hours a day, 7
days a week. Whenever the Department receives a report
alleging that a child is a truant as defined in Section 26-2a
of the School Code, as now or hereafter amended, the
Department shall notify the superintendent of the school
district in which the child resides and the appropriate
superintendent of the educational service region. The
notification to the appropriate officials by the Department
shall not be considered an allegation of abuse or neglect
under this Act.
    (a-5) The Department of Children and Family Services may
implement a "differential response program" in accordance with
criteria, standards, and procedures prescribed by rule. The
program may provide that, upon receiving a report, the
Department shall determine whether to conduct a family
assessment or an investigation as appropriate to prevent or
provide a remedy for child abuse or neglect.
    For purposes of this subsection (a-5), "family assessment"
means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs
that is applied to a child maltreatment report that does not
allege substantial child endangerment. "Family assessment"
does not include a determination as to whether child
maltreatment occurred but does determine the need for services
to address the safety of family members and the risk of
subsequent maltreatment.
    For purposes of this subsection (a-5), "investigation"
means fact-gathering related to the current safety of a child
and the risk of subsequent abuse or neglect that determines
whether a report of suspected child abuse or neglect should be
indicated or unfounded and whether child protective services
are needed.
    Under the "differential response program" implemented
under this subsection (a-5), the Department:
        (1) Shall conduct an investigation on reports
    involving substantial child abuse or neglect.
        (2) Shall begin an immediate investigation if, at any
    time when it is using a family assessment response, it
    determines that there is reason to believe that
    substantial child abuse or neglect or a serious threat to
    the child's safety exists.
        (3) May conduct a family assessment for reports that
    do not allege substantial child endangerment. In
    determining that a family assessment is appropriate, the
    Department may consider issues, including, but not limited
    to, child safety, parental cooperation, and the need for
    an immediate response.
        (4) Shall promulgate criteria, standards, and
    procedures that shall be applied in making this
    determination, taking into consideration the Safety-Based
    Child Welfare Intervention System of the Department.
        (5) May conduct a family assessment on a report that
    was initially screened and assigned for an investigation.
    In determining that a complete investigation is not
required, the Department must document the reason for
terminating the investigation and notify the local law
enforcement agency or the Illinois State Police if the local
law enforcement agency or Illinois State Police is conducting
a joint investigation.
    Once it is determined that a "family assessment" will be
implemented, the case shall not be reported to the central
register of abuse and neglect reports.
    During a family assessment, the Department shall collect
any available and relevant information to determine child
safety, risk of subsequent abuse or neglect, and family
strengths.
    Information collected includes, but is not limited to,
when relevant: information with regard to the person reporting
the alleged abuse or neglect, including the nature of the
reporter's relationship to the child and to the alleged
offender, and the basis of the reporter's knowledge for the
report; the child allegedly being abused or neglected; the
alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged
abuse or neglect. Information relevant to the assessment must
be asked for, and may include:
        (A) The child's sex and age, prior reports of abuse or
    neglect, information relating to developmental
    functioning, credibility of the child's statement, and
    whether the information provided under this paragraph (A)
    is consistent with other information collected during the
    course of the assessment or investigation.
        (B) The alleged offender's age, a record check for
    prior reports of abuse or neglect, and criminal charges
    and convictions. The alleged offender may submit
    supporting documentation relevant to the assessment.
        (C) Collateral source information regarding the
    alleged abuse or neglect and care of the child. Collateral
    information includes, when relevant: (i) a medical
    examination of the child; (ii) prior medical records
    relating to the alleged maltreatment or care of the child
    maintained by any facility, clinic, or health care
    professional, and an interview with the treating
    professionals; and (iii) interviews with the child's
    caretakers, including the child's parent, guardian, foster
    parent, child care provider, teachers, counselors, family
    members, relatives, and other persons who may have
    knowledge regarding the alleged maltreatment and the care
    of the child.
        (D) Information on the existence of domestic abuse and
    violence in the home of the child, and substance abuse.
    Nothing in this subsection (a-5) precludes the Department
from collecting other relevant information necessary to
conduct the assessment or investigation. Nothing in this
subsection (a-5) shall be construed to allow the name or
identity of a reporter to be disclosed in violation of the
protections afforded under Section 7.19 of this Act.
    After conducting the family assessment, the Department
shall determine whether services are needed to address the
safety of the child and other family members and the risk of
subsequent abuse or neglect.
    Upon completion of the family assessment, if the
Department concludes that no services shall be offered, then
the case shall be closed. If the Department concludes that
services shall be offered, the Department shall develop a
family preservation plan and offer or refer services to the
family.
    At any time during a family assessment, if the Department
believes there is any reason to stop the assessment and
conduct an investigation based on the information discovered,
the Department shall do so.
    The procedures available to the Department in conducting
investigations under this Act shall be followed as appropriate
during a family assessment.
    If the Department implements a differential response
program authorized under this subsection (a-5), the Department
shall arrange for an independent evaluation of the program for
at least the first 3 years of implementation to determine
whether it is meeting the goals in accordance with Section 2 of
this Act.
    The Department may adopt administrative rules necessary
for the execution of this Section, in accordance with Section
4 of the Children and Family Services Act.
    The Department shall submit a report to the General
Assembly by January 15, 2018 on the implementation progress
and recommendations for additional needed legislative changes.
    (b)(1) The following procedures shall be followed in the
investigation of all reports of suspected abuse or neglect of
a child, except as provided in subsection (c) of this Section.
    (2) If, during a family assessment authorized by
subsection (a-5) or an investigation, it appears that the
immediate safety or well-being of a child is endangered, that
the family may flee or the child disappear, or that the facts
otherwise so warrant, the Child Protective Service Unit shall
commence an investigation immediately, regardless of the time
of day or night. All other investigations shall be commenced
within 24 hours of receipt of the report. Upon receipt of a
report, the Child Protective Service Unit shall conduct a
family assessment authorized by subsection (a-5) or begin an
initial investigation and make an initial determination
whether the report is a good faith indication of alleged child
abuse or neglect.
    (3) Based on an initial investigation, if the Unit
determines the report is a good faith indication of alleged
child abuse or neglect, then a formal investigation shall
commence and, pursuant to Section 7.12 of this Act, may or may
not result in an indicated report. The formal investigation
shall include: direct contact with the subject or subjects of
the report as soon as possible after the report is received; an
evaluation of the environment of the child named in the report
and any other children in the same environment; a
determination of the risk to such children if they continue to
remain in the existing environments, as well as a
determination of the nature, extent and cause of any condition
enumerated in such report; the name, age and condition of
other children in the environment; and an evaluation as to
whether there would be an immediate and urgent necessity to
remove the child from the environment if appropriate family
preservation services were provided. After seeing to the
safety of the child or children, the Department shall
forthwith notify the subjects of the report in writing, of the
existence of the report and their rights existing under this
Act in regard to amendment or expungement. To fulfill the
requirements of this Section, the Child Protective Service
Unit shall have the capability of providing or arranging for
comprehensive emergency services to children and families at
all times of the day or night.
    (4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report to
be a good faith indication of alleged child abuse or neglect
that warrants a formal investigation by the Unit, the
Department, any law enforcement agency or any other
responsible agency and (ii) the person who is alleged to have
caused the abuse or neglect is employed or otherwise engaged
in an activity resulting in frequent contact with children and
the alleged abuse or neglect are in the course of such
employment or activity, then the Department shall, except in
investigations where the Director determines that such
notification would be detrimental to the Department's
investigation, inform the appropriate supervisor or
administrator of that employment or activity that the Unit has
commenced a formal investigation pursuant to this Act, which
may or may not result in an indicated report. The Department
shall also notify the person being investigated, unless the
Director determines that such notification would be
detrimental to the Department's investigation.
    (c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts
to follow the following procedures:
        (1) Investigations involving teachers shall not, to
    the extent possible, be conducted when the teacher is
    scheduled to conduct classes. Investigations involving
    other school employees shall be conducted so as to
    minimize disruption of the school day. The school employee
    accused of child abuse or neglect may have the school
    employee's superior, the school employee's association or
    union representative, and the school employee's attorney
    present at any interview or meeting at which the teacher
    or administrator is present. The accused school employee
    shall be informed by a representative of the Department,
    at any interview or meeting, of the accused school
    employee's due process rights and of the steps in the
    investigation process. These due process rights shall also
    include the right of the school employee to present
    countervailing evidence regarding the accusations. In an
    investigation in which the alleged perpetrator of abuse or
    neglect is a school employee, including, but not limited
    to, a school teacher or administrator, and the
    recommendation is to determine the report to be indicated,
    in addition to other procedures as set forth and defined
    in Department rules and procedures, the employee's due
    process rights shall also include: (i) the right to a copy
    of the investigation summary; (ii) the right to review the
    specific allegations which gave rise to the investigation;
    and (iii) the right to an administrator's teleconference
    which shall be convened to provide the school employee
    with the opportunity to present documentary evidence or
    other information that supports the school employee's
    position and to provide information before a final finding
    is entered.
        (2) If a report of neglect or abuse of a child by a
    teacher or administrator does not involve allegations of
    sexual abuse or extreme physical abuse, the Child
    Protective Service Unit shall make reasonable efforts to
    conduct the initial investigation in coordination with the
    employee's supervisor.
        If the Unit determines that the report is a good faith
    indication of potential child abuse or neglect, it shall
    then commence a formal investigation under paragraph (3)
    of subsection (b) of this Section.
        (3) If a report of neglect or abuse of a child by a
    teacher or administrator involves an allegation of sexual
    abuse or extreme physical abuse, the Child Protective Unit
    shall commence an investigation under paragraph (2) of
    subsection (b) of this Section.
    (c-5) In any instance in which a report is made or caused
to made by a school district employee involving the conduct of
a person employed by the school district, at the time the
report was made, as required under Section 4 of this Act, the
Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
    (c-10) The Department may recommend that a school district
remove a school employee who is the subject of an
investigation from the school employee's employment position
pending the outcome of the investigation; however, all
employment decisions regarding school personnel shall be the
sole responsibility of the school district or employer. The
Department may not require a school district to remove a
school employee from the school employee's employment position
or limit the school employee's duties pending the outcome of
an investigation.
    (d) If the Department has contact with an employer, or
with a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or the
religious institution or religious official, in writing, when
a report is unfounded so that any record of the investigation
can be expunged from the employee's or member of the clergy's
personnel or other records. The Department shall also notify
the employee or the member of the clergy, in writing, that
notification has been sent to the employer or to the
appropriate religious institution or religious official
informing the employer or religious institution or religious
official that the Department's investigation has resulted in
an unfounded report.
    (d-1) Whenever a report alleges that a child was abused or
neglected while receiving care in a hospital, including a
freestanding psychiatric hospital licensed by the Department
of Public Health, the Department shall send a copy of its final
finding to the Director of Public Health and the Director of
Healthcare and Family Services.
    (e) Upon request by the Department, the Illinois State
Police and law enforcement agencies are authorized to provide
criminal history record information as defined in the Illinois
Uniform Conviction Information Act and information maintained
in the adjudicatory and dispositional record system as defined
in Section 2605-355 of the Illinois State Police Law to
properly designated employees of the Department of Children
and Family Services if the Department determines the
information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The request
shall be in the form and manner required by the Illinois State
Police. Any information obtained by the Department of Children
and Family Services under this Section is confidential and may
not be transmitted outside the Department of Children and
Family Services other than to a court of competent
jurisdiction or unless otherwise authorized by law. Any
employee of the Department of Children and Family Services who
transmits confidential information in violation of this
Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by
this Section or otherwise authorized by law.
    (f) For purposes of this Section, "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-460, eff. 1-1-24; revised 9-15-23.)
 
    Section 460. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by changing Section 6 as follows:
 
    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
    Sec. 6. The Illinois State Police shall:
        (a) Utilize the statewide Law Enforcement Agencies
    Data System (LEADS) for the purpose of effecting an
    immediate law enforcement response to reports of missing
    children. The Illinois State Police shall implement an
    automated data exchange system to compile, to maintain,
    and to make available for dissemination to Illinois and
    out-of-State law enforcement agencies, data which can
    assist appropriate agencies in recovering missing
    children.
        (b) Establish contacts and exchange information
    regarding lost, missing, or runaway children with
    nationally recognized "missing person and runaway" service
    organizations and monitor national research and publicize
    important developments.
        (c) Provide a uniform reporting format for the entry
    of pertinent information regarding reports of missing
    children into LEADS.
        (d) Develop and implement a policy whereby a statewide
    or regional alert would be used in situations relating to
    the disappearances of children, based on criteria and in a
    format established by the Illinois State Police. Such a
    format shall include, but not be limited to, the age and
    physical description of the missing child and the
    suspected circumstances of the disappearance.
        (e) Notify all law enforcement agencies that reports
    of missing persons shall be entered as soon as the minimum
    level of data specified by the Illinois State Police is
    available to the reporting agency and that no waiting
    period for entry of such data exists.
        (f) Provide a procedure for prompt confirmation of the
    receipt and entry of the missing child report into LEADS
    to the parent or guardian of the missing child.
        (g) Compile and retain information regarding missing
    children in a separate data file, in a manner that allows
    such information to be used by law enforcement and other
    agencies deemed appropriate by the Director, for
    investigative purposes. Such files shall be updated to
    reflect and include information relating to the
    disposition of the case.
        (h) Compile and maintain a an historic data repository
    relating to missing children in order (1) to develop and
    improve techniques utilized by law enforcement agencies
    when responding to reports of missing children and (2) to
    provide a factual and statistical base for research that
    would address the problem of missing children.
        (i) Create a quality control program to assess the
    timeliness of entries of missing children reports into
    LEADS and conduct performance audits of all entering
    agencies.
        (j) Prepare a periodic information bulletin concerning
    missing children who it determines may be present in this
    State, compiling such bulletin from information contained
    in both the National Crime Information Center computer and
    from reports, alerts, and other information entered into
    LEADS or otherwise compiled and retained by the Illinois
    State Police pursuant to this Act. The bulletin shall
    indicate the name, age, physical description, suspected
    circumstances of disappearance if that information is
    available, a photograph if one is available, the name of
    the law enforcement agency investigating the case, and
    such other information as the Director considers
    appropriate concerning each missing child who the Illinois
    State Police determines may be present in this State. The
    Illinois State Police shall send a copy of each periodic
    information bulletin to the State Board of Education for
    its use in accordance with Section 2-3.48 of the School
    Code. The Illinois State Police shall provide a copy of
    the bulletin, upon request, to law enforcement agencies of
    this or any other state or of the federal government, and
    may provide a copy of the bulletin, upon request, to other
    persons or entities, if deemed appropriate by the
    Director, and may establish limitations on its use and a
    reasonable fee for so providing the same, except that no
    fee shall be charged for providing the periodic
    information bulletin to the State Board of Education,
    appropriate units of local government, State agencies, or
    law enforcement agencies of this or any other state or of
    the federal government.
        (k) Provide for the entry into LEADS of the names and
    addresses of sex offenders as defined in the Sex Offender
    Registration Act who are required to register under that
    Act. The information shall be immediately accessible to
    law enforcement agencies and peace officers of this State
    or any other state or of the federal government. Similar
    information may be requested from any other state or of
    the federal government for purposes of this Act.
        (l) Provide for the entry into LEADS of the names and
    addresses of violent offenders against youth as defined in
    the Murderer and Violent Offender Against Youth
    Registration Act who are required to register under that
    Act. The information shall be immediately accessible to
    law enforcement agencies and peace officers of this State
    or any other state or of the federal government. Similar
    information may be requested from any other state or of
    the federal government for purposes of this Act.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
revised 1-2-24.)
 
    Section 465. The Smart Start Illinois Act is amended by
changing Section 95-10 as follows:
 
    (325 ILCS 85/95-10)
    Sec. 95-10. Smart Start Child Care Workforce Compensation
Program.
    (a) The Department of Human Services shall create and
establish the Smart Start Child Care Workforce Compensation
Program. The purpose of the Smart Start Child Care Workforce
Compensation Program is to invest in early childhood education
and care service providers, including, but not limited to,
providers participating in the Child Care Assistance Program;
to expand the supply of high-quality early childhood education
and care; and to create a strong and stable early childhood
education and care system with attractive wages, high-quality
services, and affordable costs cost.
    (b) The purpose of the Smart Start Child Care Workforce
Compensation Program is to stabilize community-based early
childhood education and care service providers, raise the
wages of early childhood educators, and support quality
enhancements that can position service providers to
participate in other public funding streams, such as Preschool
for All, in order to further enhance and expand quality
service delivery.
    (c) Subject to appropriation, the Department of Human
Services shall implement the Smart Start Child Care Workforce
Compensation Program for eligible licensed day care centers,
licensed day care homes, and licensed group day care homes by
October 1, 2024, or as soon as practicable, following
completion of a planning and transition year. By October 1,
2025, or as soon as practicable, and for each year thereafter,
subject to appropriation, the Department of Human Services
shall continue to operate the Smart Start Child Care Workforce
Compensation Program annually with all licensed day care
centers, and licensed day care homes, and licensed group day
care homes that meet eligibility requirements. The Smart Start
Child Care Workforce Compensation Program shall operate
separately from and shall not supplant the Child Care
Assistance Program as provided for in Section 9A-11 of the
Illinois Public Aid Code.
    (d) The Department of Human Services shall adopt
administrative rules by October 1, 2024, to facilitate
administration of the Smart Start Child Care Workforce
Compensation Program, including, but not limited to,
provisions for program eligibility, the application and
funding calculation process, eligible expenses, required wage
floors, and requirements for financial and personnel reporting
and monitoring requirements. Eligibility and funding
provisions shall be based on appropriation and a current model
of the cost to provide child care services by a licensed child
care center or licensed family child care home.
(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
 
    Section 467. The Community Mental Health Act is amended by
changing Section 3e as follows:
 
    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
    Sec. 3e. Board's powers and duties.
    (1) Every community mental health board shall, within 30
days after members are first appointed and within 30 days
after members are appointed or reappointed upon the expiration
of a member's term, meet and organize, by the election of one
of its number as president and one as secretary and such other
officers as it may deem necessary. It shall make rules and
regulations concerning the rendition or operation of services
and facilities which it directs, supervises or funds, not
inconsistent with the provisions of this Act. It shall:
        (a) Hold a meeting prior to July 1 of each year at
    which officers shall be elected for the ensuing year
    beginning July 1;
        (b) Hold meetings at least quarterly;
        (c) Hold special meetings upon a written request
    signed by at least 2 members and filed with the secretary;
        (d) Review and evaluate community mental health
    services and facilities, including services and facilities
    for the treatment of alcoholism, drug addiction,
    developmental disabilities, and intellectual
    disabilities;
        (e) Authorize the disbursement of money from the
    community mental health fund for payment for the ordinary
    and contingent expenses of the board;
        (f) Submit to the appointing officer and the members
    of the governing body a written plan for a program of
    community mental health services and facilities for
    persons with a mental illness, a developmental disability,
    or a substance use disorder. Such plan shall be for the
    ensuing 12 month period. In addition, a plan shall be
    developed for the ensuing 3 year period and such plan
    shall be reviewed at the end of every 12 month period and
    shall be modified as deemed advisable; .
        (g) Within amounts appropriated therefor, execute such
    programs and maintain such services and facilities as may
    be authorized under such appropriations, including amounts
    appropriated under bond issues, if any;
        (h) Publish the annual budget and report within 120
    days after the end of the fiscal year in a newspaper
    distributed within the jurisdiction of the board, or, if
    no newspaper is published within the jurisdiction of the
    board, then one published in the county, or, if no
    newspaper is published in the county, then in a newspaper
    having general circulation within the jurisdiction of the
    board. The report shall show the condition of its trust of
    that year, the sums of money received from all sources,
    giving the name of any donor, how all monies have been
    expended and for what purpose, and such other statistics
    and program information in regard to the work of the board
    as it may deem of general interest. A copy of the budget
    and the annual report shall be made available to the
    Department of Human Services and to members of the General
    Assembly whose districts include any part of the
    jurisdiction of such board. The names of all employees,
    consultants, and other personnel shall be set forth along
    with the amounts of money received;
        (i) Consult with other appropriate private and public
    agencies in the development of local plans for the most
    efficient delivery of mental health, developmental
    disabilities, and substance use disorder services. The
    Board is authorized to join and to participate in the
    activities of associations organized for the purpose of
    promoting more efficient and effective services and
    programs;
        (j) Have the authority to review and comment on all
    applications for grants by any person, corporation, or
    governmental unit providing services within the
    geographical area of the board which provides mental
    health facilities and services, including services for the
    person with a mental illness, a developmental disability,
    or a substance use disorder. The board may require funding
    applicants to send a copy of their funding application to
    the board at the time such application is submitted to the
    Department of Human Services or to any other local, State
    or federal funding source or governmental agency. Within
    60 days of the receipt of any application, the board shall
    submit its review and comments to the Department of Human
    Services or to any other appropriate local, State or
    federal funding source or governmental agency. A copy of
    the review and comments shall be submitted to the funding
    applicant. Within 60 days thereafter, the Department of
    Human Services or any other appropriate local or State
    governmental agency shall issue a written response to the
    board and the funding applicant. The Department of Human
    Services shall supply any community mental health board
    such information about purchase-of-care funds, State
    facility utilization, and costs in its geographical area
    as the board may request provided that the information
    requested is for the purpose of the Community Mental
    Health Board complying with the requirements of Section
    3f, subsection (f) of this Act;
        (k) Perform such other acts as may be necessary or
    proper to carry out the purposes of this Act.
    (2) The community mental health board has the following
powers:
        (a) The board may enter into multiple-year contracts
    for rendition or operation of services, facilities and
    educational programs.
        (b) The board may arrange through intergovernmental
    agreements or intragovernmental agreements or both for the
    rendition of services and operation of facilities by other
    agencies or departments of the governmental unit or county
    in which the governmental unit is located with the
    approval of the governing body.
        (c) To employ, establish compensation for, and set
    policies for its personnel, including legal counsel, as
    may be necessary to carry out the purposes of this Act and
    prescribe the duties thereof. The board may enter into
    multiple-year employment contracts as may be necessary for
    the recruitment and retention of personnel and the proper
    functioning of the board.
        (d) The board may enter into multiple-year joint
    agreements, which shall be written, with other mental
    health boards and boards of health to provide jointly
    agreed upon community mental health facilities and
    services and to pool such funds as may be deemed necessary
    and available for this purpose.
        (e) The board may organize a not-for-profit
    corporation for the purpose of providing direct recipient
    services. Such corporations shall have, in addition to all
    other lawful powers, the power to contract with persons to
    furnish services for recipients of the corporation's
    facilities, including psychiatrists and other physicians
    licensed in this State to practice medicine in all of its
    branches. Such physicians shall be considered independent
    contractors, and liability for any malpractice shall not
    extend to such corporation, nor to the community mental
    health board, except for gross negligence in entering into
    such a contract.
        (f) The board shall not operate any direct recipient
    services for more than a 2-year period when such services
    are being provided in the governmental unit, but shall
    encourage, by financial support, the development of
    private agencies to deliver such needed services, pursuant
    to regulations of the board.
        (g) Where there are multiple boards within the same
    planning area, as established by the Department of Human
    Services, services may be purchased through a single
    delivery system. In such areas, a coordinating body with
    representation from each board shall be established to
    carry out the service functions of this Act. In the event
    any such coordinating body purchases or improves real
    property, such body shall first obtain the approval of the
    governing bodies of the governmental units in which the
    coordinating body is located.
        (h) The board may enter into multiple-year joint
    agreements with other governmental units located within
    the geographical area of the board. Such agreements shall
    be written and shall provide for the rendition of services
    by the board to the residents of such governmental units.
        (i) The board may enter into multiple-year joint
    agreements with federal, State, and local governments,
    including the Department of Human Services, whereby the
    board will provide certain services. All such joint
    agreements must provide for the exchange of relevant data.
    However, nothing in this Act shall be construed to permit
    the abridgement of the confidentiality of patient records.
        (j) The board may receive gifts from private sources
    for purposes not inconsistent with the provisions of this
    Act.
        (k) The board may receive federal Federal, State, and
    local funds for purposes not inconsistent with the
    provisions of this Act.
        (l) The board may establish scholarship programs. Such
    programs shall require equivalent service or reimbursement
    pursuant to regulations of the board.
        (m) The board may sell, rent, or lease real property
    for purposes consistent with this Act.
        (n) The board may: (i) own real property, lease real
    property as lessee, or acquire real property by purchase,
    construction, lease-purchase agreement, or otherwise; (ii)
    take title to the property in the board's name; (iii)
    borrow money and issue debt instruments, mortgages,
    purchase-money mortgages, and other security instruments
    with respect to the property; and (iv) maintain, repair,
    remodel, or improve the property. All of these activities
    must be for purposes consistent with this Act as may be
    reasonably necessary for the housing and proper
    functioning of the board. The board may use moneys in the
    Community Mental Health Fund for these purposes.
        (o) The board may organize a not-for-profit
    corporation (i) for the purpose of raising money to be
    distributed by the board for providing community mental
    health services and facilities for the treatment of
    alcoholism, drug addiction, developmental disabilities,
    and intellectual disabilities or (ii) for other purposes
    not inconsistent with this Act.
        (p) The board may fix a fiscal year for the board.
        (q) The board has the responsibility to set, maintain,
    and implement the budget.
    Every board shall be subject to the requirements under the
Freedom of Information Act and the Open Meetings Act.
(Source: P.A. 103-274, eff. 1-1-24; revised 1-20-24.)
 
    Section 470. The Lead Poisoning Prevention Act is amended
by changing Section 8.1 as follows:
 
    (410 ILCS 45/8.1)  (from Ch. 111 1/2, par. 1308.1)
    Sec. 8.1. Licensing of lead inspectors and lead risk
assessors.
    (a) The Department shall establish standards and licensing
procedures for lead inspectors and lead risk assessors. An
integral element of these procedures shall be an education and
training program prescribed by the Department, which shall
include, but not be limited to, scientific sampling,
chemistry, and construction techniques. No person shall make
inspections or risk assessments without first being licensed
by the Department. The penalty for inspection or risk
assessment without a license shall be a Class A misdemeanor
and an administrative fine.
    (b) The Department shall charge licensed lead inspectors
and lead risk assessors reasonable license fees and the fees
shall be placed in the Lead Poisoning Screening, Prevention,
and Abatement Fund and used to fund the Department's licensing
of lead inspectors and lead risk assessors and any other
activities prescribed by this Act. A licensed lead inspector
or lead risk assessor employed by the Department or its
delegate agency shall not be charged a license fee.
    (c) The Department, upon notification by the Illinois
Workers' Compensation Commission or the Department of
Insurance, shall refuse the issuance or renewal of a license
to, or suspend or revoke the license of, any individual,
corporation, partnership, or other business entity that has
been found by the Illinois Workers' Compensation Commission or
the Department of Insurance to have failed:
        (1) to secure workers' compensation obligations in the
    manner required by subsections (a) and (b) of Section 4 of
    the Workers' Compensation Act;
        (2) to pay in full a fine or penalty imposed by the
    Illinois Workers' Compensation Commission or the
    Department of Insurance due to a failure to secure
    workers' compensation obligations in the manner required
    by subsections (a) and (b) of Section 4 of the Workers'
    Compensation Act; or
        (3) to fulfill all obligations assumed pursuant to any
    settlement reached with the Illinois Workers' Compensation
    Commission or the Department of Insurance due to a failure
    to secure workers' compensation obligations in the manner
    required by subsections (a) and (b) of Section 4 of the
    Workers' Compensation Act.
    A complaint filed with the Department by the Illinois
Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman or designee, attesting to a finding of
the failure to secure workers' compensation obligations in the
manner required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act or the failure to pay any fines or
penalties or to discharge any obligation under a settlement
relating to the failure to secure workers' compensation
obligations in the manner required by subsections (a) and (b)
of Section 4 of the Workers' Compensation Act is prima facie
evidence of the licensee's or applicant's failure to comply
with subsections (a) and (b) of Section 4 of the Workers'
Compensation Act. Upon receipt of that certification, the
Department shall, without a hearing, immediately suspend all
licenses held by the licensee or the processing of any
application from the applicant. Enforcement of the
Department's order shall be stayed for 60 days. The Department
shall provide notice of the suspension to the licensee by
mailing a copy of the Department's order to the licensee's or
applicant's address of record or emailing a copy of the order
to the licensee's or applicant's email address of record. The
notice shall advise the licensee or applicant that the
suspension shall be effective 60 days after the issuance of
the order unless the Department receives, from the licensee or
applicant, a request for a hearing before the Department to
dispute the matters contained in the order.
    Upon receiving notice from the Illinois Workers'
Compensation Commission or the Department of Insurance that
the violation has been corrected or otherwise resolved, the
Department shall vacate the order suspending a licensee's
license or the processing of an applicant's application.
    No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Illinois Workers' Compensation
Commission or the Department of Insurance.
(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
 
    Section 475. The Smoke Free Illinois Act is amended by
changing Section 35 as follows:
 
    (410 ILCS 82/35)
    Sec. 35. Exemptions. Notwithstanding any other provision
of this Act, smoking is allowed in the following areas:
        (1) Private residences or dwelling places, except when
    used as a child care, adult day care, or healthcare
    facility or any other home-based business open to the
    public.
        (2) Retail tobacco stores as defined in Section 10 of
    this Act in operation prior to January 1, 2008 (the
    effective date of Public Act 95-17) this amendatory Act of
    the 95th General Assembly. The retail tobacco store shall
    annually file with the Department by January 31st an
    affidavit stating the percentage of its gross income
    during the prior calendar year that was derived from the
    sale of loose tobacco, plants, or herbs and cigars,
    cigarettes, pipes, or other smoking devices for smoking
    tobacco and related smoking accessories. Any retail
    tobacco store that begins operation after January 1, 2008
    (the effective date of Public Act 95-17) this amendatory
    Act may only qualify for an exemption if located in a
    freestanding structure occupied solely by the business and
    smoke from the business does not migrate into an enclosed
    area where smoking is prohibited. A retail tobacco store
    that derives at least 80% of its gross revenue from the
    sale of electronic cigarettes and electronic cigarette
    equipment and accessories in operation before January 1,
    2024 (the effective date of Public Act 103-272) this
    amendatory Act of the 103rd General Assembly qualifies for
    this exemption for electronic cigarettes only. A retail
    tobacco store claiming an exemption for electronic
    cigarettes shall annually file with the Department by
    January 31 an affidavit stating the percentage of its
    gross income during the prior calendar year that was
    derived from the sale of electronic cigarettes. A retail
    tobacco store may, with authorization or permission from a
    unit of local government, including a home rule unit, or
    any non-home rule county within the unincorporated
    territory of the county, allow the on-premises consumption
    of cannabis in a specially designated areas.
        (3) (Blank).
        (4) Hotel and motel sleeping rooms that are rented to
    guests and are designated as smoking rooms, provided that
    all smoking rooms on the same floor must be contiguous and
    smoke from these rooms must not infiltrate into nonsmoking
    rooms or other areas where smoking is prohibited. Not more
    than 25% of the rooms rented to guests in a hotel or motel
    may be designated as rooms where smoking is allowed. The
    status of rooms as smoking or nonsmoking may not be
    changed, except to permanently add additional nonsmoking
    rooms.
        (5) Enclosed laboratories that are excluded from the
    definition of "place of employment" in Section 10 of this
    Act. Rulemaking authority to implement Public Act 95-1029
    this amendatory Act of the 95th General Assembly, if any,
    is conditioned on the rules being adopted in accordance
    with all provisions of the Illinois Administrative
    Procedure Act and all rules and procedures of the Joint
    Committee on Administrative Rules; any purported rule not
    so adopted, for whatever reason, is unauthorized.
        (6) Common smoking rooms in long-term care facilities
    operated under the authority of the Illinois Department of
    Veterans' Affairs or licensed under the Nursing Home Care
    Act that are accessible only to residents who are smokers
    and have requested in writing to have access to the common
    smoking room where smoking is permitted and the smoke
    shall not infiltrate other areas of the long-term care
    facility. Rulemaking authority to implement Public Act
    95-1029 this amendatory Act of the 95th General Assembly,
    if any, is conditioned on the rules being adopted in
    accordance with all provisions of the Illinois
    Administrative Procedure Act and all rules and procedures
    of the Joint Committee on Administrative Rules; any
    purported rule not so adopted, for whatever reason, is
    unauthorized.
        (7) A convention hall of the Donald E. Stephens
    Convention Center where a meeting or trade show for
    manufacturers and suppliers of tobacco and tobacco
    products and accessories is being held, during the time
    the meeting or trade show is occurring, if the meeting or
    trade show:
            (i) is a trade-only event and not open to the
        public;
            (ii) is limited to attendees and exhibitors that
        are 21 years of age or older;
            (iii) is being produced or organized by a business
        relating to tobacco or a professional association for
        convenience stores; and
            (iv) involves the display of tobacco products.
        Smoking is not allowed in any public area outside of
    the hall designated for the meeting or trade show.
        This paragraph (7) is inoperative on and after October
    1, 2015.
        (8) A dispensing organization, as defined in the
    Cannabis Regulation and Tax Act, authorized or permitted
    by a unit local government to allow on-site consumption of
    cannabis, if the establishment: (1) maintains a specially
    designated area or areas for the purpose of heating,
    burning, smoking, or lighting cannabis; (2) is limited to
    individuals 21 or older; and (3) maintains a locked door
    or barrier to any specially designated areas for the
    purpose of heating, burning, smoking or lighting cannabis.
(Source: P.A. 103-272, eff. 1-1-24; revised 1-2-24.)
 
    Section 480. The Health Care Professional Credentials Data
Collection Act is amended by changing Section 5 as follows:
 
    (410 ILCS 517/5)
    Sec. 5. Definitions. As used in this Act:
    "Credentials data" means those data, information, or
answers to questions required by a health care entity, health
care plan, or hospital to complete the credentialing or
recredentialing of a health care professional.
    "Credentialing" means the process of assessing and
validating the qualifications of a health care professional.
    "Department" means the Department of Public Health.
    "Director" means the Director of the Department of Public
Health.
    "Health care entity" means any of the following which
require the submission of credentials data: (i) a health care
facility or other health care organization licensed or
certified to provide medical or health services in Illinois,
other than a hospital; (ii) a health care professional
partnership, corporation, limited liability company,
professional services corporation or group practice; or (iii)
an independent practice association or physician hospital
organization. Nothing in this definition shall be construed to
mean that a hospital is a health care entity.
    "Health care plan" means any entity licensed by the
Department of Insurance as a prepaid health care plan or
health maintenance organization or as an insurer which
requires the submission of credentials data.
    "Health care professional" means any person licensed under
the Medical Practice Act of 1987 or any person licensed under
any other Act subsequently made subject to this Act by the
Department.
    "Hospital" means a hospital licensed under the Hospital
Licensing Act or any hospital organized under the University
of Illinois Hospital Act.
    "Recredentialing" means a process undertaken for a period
not to exceed 3 years by which a health care entity, health
care plan, or hospital ensures that a health care professional
who is currently credentialed by the health care entity,
health care plan, or hospital continues to meet the
credentialing criteria used by the health care entity, health
care plan, or hospital 3.
    "Single credentialing cycle" means a process undertaken
for a period not to exceed 3 years whereby for purposes of
recredentialing each health care professional's credentials
data are collected by all health care entities and health care
plans that credential the health care professional during the
same time period 3.
    "Site survey" means a process by which a health care
entity or health care plan assesses the office locations and
medical record keeping practices of a health care
professional.
    "Single site survey" means a process by which, for
purposes of recredentialing, each health care professional
receives a site visit only once every two years.
    "Uniform health care credentials form" means the form
prescribed by the Department under Section 15 to collect the
credentials data commonly requested by health care entities
and health care plans for purposes of credentialing.
    "Uniform health care recredentials form" means the form
prescribed by the Department under Section 15 to collect the
credentials data commonly requested by health care entities
and health care plans for purposes of recredentialing.
    "Uniform hospital credentials form" means the form
prescribed by the Department under Section 15 to collect the
credentials data commonly requested by hospitals for purposes
of credentialing.
    "Uniform hospital recredentials form" means the form
prescribed by the Department under Section 15 to collect the
credentials data commonly requested by hospitals for purposes
of recredentialing.
    "Uniform site survey instrument" means the instrument
developed by the Department under Section 25 to complete a
single site survey as part of a credentialing or
recredentialing process.
    "Uniform updating form" means the standardized form
prescribed by the Department for reporting of corrections,
updates, and modifications to credentials data to health care
entities, health care plans, and hospitals when those data
change following credentialing or recredentialing of a health
care professional.
(Source: P.A. 103-96, eff. 1-1-24; 103-436, eff. 8-4-23;
revised 12-15-23.)
 
    Section 485. The Vital Records Act is amended by changing
Section 25 and by setting forth and renumbering multiple
versions of Section 25.6 as follows:
 
    (410 ILCS 535/25)
    Sec. 25. In accordance with Section 24 of this Act, and the
regulations adopted pursuant thereto:
        (1) The State Registrar of Vital Records shall search
    the files of birth, death, and fetal death records, upon
    receipt of a written request and a fee of $10 from any
    applicant entitled to such search. A search fee shall not
    be required for commemorative birth certificates issued by
    the State Registrar. A search fee shall not be required
    for a birth record search from a person (1) upon release on
    parole, mandatory supervised release, final discharge, or
    pardon from the Department of Corrections if the person
    presents a prescribed verification form completed by the
    Department of Corrections verifying the person's date of
    birth and social security number, or (2) placed on
    aftercare release under the Juvenile Court Act of 1987,
    upon release on parole, mandatory supervised release,
    final discharge, or pardon from the Department of Juvenile
    Justice if the person presents a prescribed verification
    form completed by the Department of Juvenile Justice
    verifying the person's date of birth and social security
    number; however, the person is entitled to only one search
    fee waiver. If, upon search, the record requested is
    found, the State Registrar shall furnish the applicant one
    certification of such record, under the seal of such
    office. If the request is for a certified copy of the
    record, an additional fee of $5 shall be required. An
    additional fee for a certified copy of the record shall
    not be required from a person (1) upon release on parole,
    mandatory supervised release, final discharge, or pardon
    from the Department of Corrections if the person presents
    a prescribed verification form completed by the Department
    of Corrections verifying the released person's date of
    birth and social security number, or (2) placed on
    aftercare release under the Juvenile Court Act of 1987,
    upon release on parole, mandatory supervised release,
    final discharge, or pardon from the Department of Juvenile
    Justice if the person presents a prescribed verification
    form completed by the Department of Juvenile Justice
    verifying the person's date of birth and social security
    number; however, the person is entitled to only one
    certified copy fee waiver. If the request is for a
    certified copy of a death certificate or a fetal death
    certificate, an additional fee of $2 is required. The
    additional fee shall be deposited into the Death
    Certificate Surcharge Fund. A further fee of $2 shall be
    required for each additional certification or certified
    copy requested. If the requested record is not found, the
    State Registrar shall furnish the applicant a
    certification attesting to that fact, if so requested by
    the applicant. A further fee of $2 shall be required for
    each additional certification that no record has been
    found.
        Any local registrar or county clerk shall search the
    files of birth, death, and fetal death records, upon
    receipt of a written request from any applicant entitled
    to such search. If upon search the record requested is
    found, such local registrar or county clerk shall furnish
    the applicant one certification or certified copy of such
    record, under the seal of such office, upon payment of the
    applicable fees. If the requested record is not found, the
    local registrar or county clerk shall furnish the
    applicant a certification attesting to that fact, if so
    requested by the applicant and upon payment of applicable
    fee. The local registrar or county clerk must charge a $2
    fee for each certified copy of a death certificate. The
    fee is in addition to any other fees that are charged by
    the local registrar or county clerk. The additional fees
    must be transmitted to the State Registrar monthly and
    deposited into the Death Certificate Surcharge Fund. The
    local registrar or county clerk may charge fees for
    providing other services for which the State Registrar may
    charge fees under this Section.
        Upon receipt of a written request from an applicant
    entitled to such a search, a local registrar or county
    clerk shall search available files for the death
    certificate of an active duty service member or honorably
    discharged veteran of the United States military. If the
    death certificate requested by the applicant is found, the
    local registrar or county clerk shall furnish the
    applicant with one certified copy of the death
    certificate, under the seal of the local registrar's or
    county clerk's office, at no cost to the applicant. If the
    requested death certificate of the service member or
    honorably discharged veteran is not found, the local
    registrar or county clerk shall furnish the applicant, at
    no cost, with certification attesting to that fact if so
    requested by the applicant. A local registrar or county
    clerk shall not require a fee from the applicant of more
    than $6 for any subsequent copy of the service member's or
    honorably discharged veteran's death certificate or
    certification attesting that the death certificate of the
    service member or honorably discharged veteran was not
    found.
        A request to any custodian of vital records for a
    search of the death record indexes for genealogical
    research shall require a fee of $10 per name for a 5-year 5
    year search. An additional fee of $1 for each additional
    year searched shall be required. If the requested record
    is found, one uncertified copy shall be issued without
    additional charge.
        Any fee received by the State Registrar pursuant to
    this Section which is of an insufficient amount may be
    returned by the State Registrar upon his recording the
    receipt of such fee and the reason for its return. The
    State Registrar is authorized to maintain a 2-signature 2
    signature, revolving checking account with a suitable
    commercial bank for the purpose of depositing and
    withdrawing-for-return cash received and determined
    insufficient for the service requested.
        No fee imposed under this Section may be assessed
    against an organization chartered by Congress that
    requests a certificate for the purpose of death
    verification.
        No fee imposed under this Section may be assessed
    against a victim of domestic violence as defined in the
    Illinois Domestic Violence Act of 1986. To qualify for the
    waiver of a fee, the person seeking the vital record must
    provide a certification letter as described in Section
    25.6.
        Any custodian of vital records, whether it may be the
    Department of Public Health, a local registrar, or a
    county clerk shall charge an additional $2 for each
    certified copy of a death certificate and that additional
    fee shall be collected on behalf of the Department of
    Financial and Professional Regulation for deposit into the
    Cemetery Oversight Licensing and Disciplinary Fund.
        As used in this paragraph, "veteran" means an
    individual who served in the Armed Forces of the United
    States, National Guard, or the reserves of the Armed
    Forces of the United States.
        (2) The certification of birth may contain only the
    name, sex, date of birth, and place of birth, of the person
    to whom it relates, the name, age and birthplace of the
    parents, and the file number; and none of the other data on
    the certificate of birth except as authorized under
    subsection (5) of this Section.
        (3) The certification of death shall contain only the
    name, Social Security Number, sex, date of death, and
    place of death of the person to whom it relates, and file
    number; and none of the other data on the certificate of
    death except as authorized under subsection (5) of this
    Section.
        (4) Certification or a certified copy of a certificate
    shall be issued:
            (a) Upon the order of a court of competent
        jurisdiction; or
            (b) In case of a birth certificate, upon the
        specific written request for a certification or
        certified copy by the person, if of legal age, by a
        parent or other legal representative of the person to
        whom the record of birth relates, or by a person having
        a genealogical interest; or
            (c) Upon the specific written request for a
        certification or certified copy by a department of the
        State state or a municipal corporation or the federal
        government; or
            (c-1) Upon the specific written request for a
        certification or certified copy by a State's Attorney
        for the purpose of a criminal prosecution; or
            (d) In case of a death or fetal death certificate,
        upon specific written request for a certified copy by
        a person, or his duly authorized agent, having a
        genealogical, personal, or property right interest in
        the record.
        A genealogical interest shall be a proper purpose with
    respect to births which occurred not less than 75 years
    and deaths which occurred not less than 20 years prior to
    the date of written request. Where the purpose of the
    request is a genealogical interest, the custodian shall
    stamp the certification or copy with the words, FOR
    GENEALOGICAL PURPOSES ONLY.
        (5) Any certification or certified copy issued
    pursuant to this Section shall show the date of
    registration; and copies issued from records marked
    "delayed," "amended," or "court order" shall be similarly
    marked and show the effective date.
        (6) Any certification or certified copy of a
    certificate issued in accordance with this Section shall
    be considered as prima facie evidence of the facts therein
    stated, provided that the evidentiary value of a
    certificate or record filed more than one year after the
    event, or a record which has been amended, shall be
    determined by the judicial or administrative body or
    official before whom the certificate is offered as
    evidence.
        (7) Any certification or certified copy issued
    pursuant to this Section shall be issued without charge
    when the record is required by the United States
    Department of Veterans Affairs Veterans Administration or
    by any accredited veterans organization to be used in
    determining the eligibility of any person to participate
    in benefits available from such organization. Requests for
    such copies must be in accordance with Sections 1 and 2 of
    Records for Veterans Administration Act "An Act to provide
    for the furnishing of copies of public documents to
    interested parties," approved May 17, 1935, as now or
    hereafter amended.
        (8) The National Vital Statistics Division, or any
    agency which may be substituted therefor, may be furnished
    such copies or data as it may require for national
    statistics; provided that the State shall be reimbursed
    for the cost of furnishing such data; and provided further
    that such data shall not be used for other than
    statistical purposes by the National Vital Statistics
    Division, or any agency which may be substituted therefor,
    unless so authorized by the State Registrar of Vital
    Records.
        (9) Federal, State, local, and other public or private
    agencies may, upon request, be furnished copies or data
    for statistical purposes upon such terms or conditions as
    may be prescribed by the Department.
        (10) The State Registrar of Vital Records, at his
    discretion and in the interest of promoting registration
    of births, may issue, without fee, to the parents or
    guardian of any or every child whose birth has been
    registered in accordance with the provisions of this Act,
    a special notice of registration of birth.
        (11) No person shall prepare or issue any certificate
    which purports to be an original, certified copy, or
    certification of a certificate of birth, death, or fetal
    death, except as authorized in this Act or regulations
    adopted hereunder.
        (12) A computer print-out of any record of birth,
    death, or fetal record that may be certified under this
    Section may be used in place of such certification and
    such computer print-out shall have the same legal force
    and effect as a certified copy of the document.
        (13) The State Registrar may verify from the
    information contained in the index maintained by the State
    Registrar the authenticity of information on births,
    deaths, marriages, and dissolution of marriages provided
    to a federal agency or a public agency of another state by
    a person seeking benefits or employment from the agency,
    provided the agency pays a fee of $10.
        (14) The State Registrar may issue commemorative birth
    certificates to persons eligible to receive birth
    certificates under this Section upon the payment of a fee
    to be determined by the State Registrar.
(Source: P.A. 102-739, eff. 1-1-23; 103-95, eff. 6-9-23;
103-170, eff. 1-1-24; revised 9-1-23.)
 
    (410 ILCS 535/25.6)
    Sec. 25.6. Fee waiver; persons who reside in a shelter for
domestic violence.
    (a) The applicable fees under Section 17 of this Act for a
new certificate of birth and Section 25 of this Act for a
search of a birth record or a certified copy of a birth record
shall be waived for all requests by a person who resides in a
shelter for domestic violence. The State Registrar of Vital
Records shall establish standards and procedures consistent
with this Section for waiver of the applicable fees. A person
described under this Section must not be charged for
verification under this Section. A person who knowingly or
purposefully falsifies this verification is subject to a
penalty of $100.
    (b) A person who resides in a shelter for domestic
violence shall be provided no more than 4 birth records
annually under this Section.
(Source: P.A. 102-1141, eff. 7-1-23.)
 
    (410 ILCS 535/25.7)
    Sec. 25.7 25.6. Certification letter form. In order to
seek a waiver of the fee for a copy of a vital record, the
person seeking the record must provide the following
certification letter:
 
Certification Letter for Domestic Violence Waiver for Illinois
Vital Records
Full Name of Applicant:...............................
Date of Birth:........................................
    I,........................, certify, to the best of my
knowledge and belief, that on the date listed below, the above
named individual is a victim or child of a victim of domestic
violence, as defined by Section 103 of the Illinois Domestic
Violence Act of 1986 (750 ILCS 60/103), who is currently
fleeing a dangerous living situation. I provide this
certification in my capacity as (check one below):
        ( ) an advocate at a family violence center who
    assisted the victim;
        ( ) a licensed medical care or mental health provider;
        ( ) the director of an emergency shelter or
    transitional housing; or
        ( ) the director of a transitional living program.
Signature:................. Date:........................ 
Title:..................... Employer:.................... 
Email:..................... Phone:....................... 
Address:................... City:........................ 
State:..................... Zip:......................... 
(Source: P.A. 103-170, eff. 1-1-24; revised 1-2-24.)
 
    Section 490. The Sanitary Food Preparation Act is amended
by changing Section 8 as follows:
 
    (410 ILCS 650/8)  (from Ch. 56 1/2, par. 74)
    Sec. 8. No operative, employee, or other person persons
shall expectorate on the food, or on the utensils, or on the
floors or sidewalls of any building, room, basement, or cellar
where the production, preparation, manufacture, packing,
storing, or sale of any such food is conducted. Operatives,
employees, clerks, and all other persons who handle the
material from which such food is prepared or the finished
product, before beginning work, or after visiting toilet or
toilets, shall wash their hands thoroughly in clean water.
Whoever fails to observe or violates the provisions of this
Section shall be guilty of a petty offense and fined not more
than $25.
(Source: P.A. 103-154, eff. 6-30-23; revised 9-25-23.)
 
    Section 495. The Cannabis Regulation and Tax Act is
amended by changing Sections 15-150 and 15-170 as follows:
 
    (410 ILCS 705/15-150)
    Sec. 15-150. Temporary suspension.
    (a) The Secretary of Financial and Professional Regulation
may temporarily suspend a dispensing organization license or
an agent registration without a hearing if the Secretary finds
that public safety or welfare requires emergency action. The
Secretary shall cause the temporary suspension by issuing a
suspension notice in connection with the institution of
proceedings for a hearing.
    (b) If the Secretary temporarily suspends a license or
agent registration without a hearing, the licensee or agent is
entitled to a hearing within 45 days after the suspension
notice has been issued. The hearing shall be limited to the
issues cited in the suspension notice, unless all parties
agree otherwise.
    (c) If the Department does not hold a hearing within with
45 days after the date the suspension notice was issued, then
the suspended license or registration shall be automatically
reinstated and the suspension vacated.
    (d) The suspended licensee or agent may seek a continuance
of the hearing date, during which time the suspension remains
in effect and the license or registration shall not be
automatically reinstated.
    (e) Subsequently discovered causes of action by the
Department after the issuance of the suspension notice may be
filed as a separate notice of violation. The Department is not
precluded from filing a separate action against the suspended
licensee or agent.
(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)
 
    (410 ILCS 705/15-170)
    Sec. 15-170. Hearing; motion for rehearing.
    (a) The hearing officer shall hear evidence in support of
the formal charges and evidence produced by the licensee. At
the conclusion of the hearing, the hearing officer shall
present to the Secretary a written report of his or her
findings of fact, conclusions of law, and recommendations.
    (b) At the conclusion of the hearing, a copy of the hearing
officer's report shall be served upon the applicant or
licensee by the Department, either personally or as provided
in this Act for the service of a notice of hearing. Within 20
calendar days after service, the applicant or licensee may
present to the Department a motion in writing for rehearing,
which shall specify the particular grounds for rehearing. The
Department may respond to the motion for rehearing within 20
calendar days after its service on the Department. If no
motion for rehearing is filed, then, upon the expiration of
the time specified for filing such motion or upon denial of a
motion for rehearing, the Secretary may enter an order in
accordance with the recommendation of the hearing officer. If
the applicant or licensee orders from the reporting service
and pays for a transcript of the record within the time for
filing a motion for rehearing, the 20-day period within which
a motion may be filed shall commence upon the delivery of the
transcript to the applicant or licensee.
    (c) If the Secretary disagrees in any regard with the
report of the hearing officer, the Secretary may issue an
order contrary to the report.
    (d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
rehearing by the same or another hearing officer.
    (e) At any point in any investigation or disciplinary
proceeding under in this Article, both parties may agree to a
negotiated consent order. The consent order shall be final
upon signature of the Secretary.
(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)
 
    Section 500. The Environmental Protection Act is amended
by changing Sections 17.12, 22.15, 31, 58.5, 58.6, and 58.7 as
follows:
 
    (415 ILCS 5/17.12)
    Sec. 17.12. Lead service line replacement and
notification.
    (a) The purpose of this Act is to: (1) require the owners
and operators of community water supplies to develop,
implement, and maintain a comprehensive water service line
material inventory and a comprehensive lead service line
replacement plan, provide notice to occupants of potentially
affected buildings before any construction or repair work on
water mains or lead service lines, and request access to
potentially affected buildings before replacing lead service
lines; and (2) prohibit partial lead service line
replacements, except as authorized within this Section.
    (b) The General Assembly finds and declares that:
        (1) There is no safe level of exposure to heavy metal
    lead, as found by the United States Environmental
    Protection Agency and the Centers for Disease Control and
    Prevention.
        (2) Lead service lines can convey this harmful
    substance to the drinking water supply.
        (3) According to the Illinois Environmental Protection
    Agency's 2018 Service Line Material Inventory, the State
    of Illinois is estimated to have over 680,000 lead-based
    service lines still in operation.
        (4) The true number of lead service lines is not fully
    known because Illinois lacks an adequate inventory of lead
    service lines.
        (5) For the general health, safety, and welfare of its
    residents, all lead service lines in Illinois should be
    disconnected from the drinking water supply, and the
    State's drinking water supply.
    (c) In this Section:
    "Advisory Board" means the Lead Service Line Replacement
Advisory Board created under subsection (x).
    "Community water supply" has the meaning ascribed to it in
Section 3.145 of this Act.
    "Department" means the Department of Public Health.
    "Emergency repair" means any unscheduled water main, water
service, or water valve repair or replacement that results
from failure or accident.
    "Fund" means the Lead Service Line Replacement Fund
created under subsection (bb).
    "Lead service line" means a service line made of lead or
service line connected to a lead pigtail, lead gooseneck, or
other lead fitting.
    "Material inventory" means a water service line material
inventory developed by a community water supply under this
Act.
    "Non-community water supply" has the meaning ascribed to
it in Section 3.145 of the Environmental Protection Act.
    "NSF/ANSI Standard" means a water treatment standard
developed by NSF International.
    "Partial lead service line replacement" means replacement
of only a portion of a lead service line.
    "Potentially affected building" means any building that is
provided water service through a service line that is either a
lead service line or a suspected lead service line.
    "Public water supply" has the meaning ascribed to it in
Section 3.365 of this Act.
    "Service line" means the piping, tubing, and necessary
appurtenances acting as a conduit from the water main or
source of potable water supply to the building plumbing at the
first shut-off valve or 18 inches inside the building,
whichever is shorter.
    "Suspected lead service line" means a service line that a
community water supply finds more likely than not to be made of
lead after completing the requirements under paragraphs (2)
through (5) of subsection (h).
    "Small system" means a community water supply that
regularly serves water to 3,300 or fewer persons.
    (d) An owner or operator of a community water supply
shall:
        (1) develop an initial material inventory by April 15,
    2022 and electronically submit by April 15, 2023 an
    updated material inventory electronically to the Agency;
    and
        (2) deliver a complete material inventory to the
    Agency no later than April 15, 2024, or such time as
    required by federal law, whichever is sooner. The complete
    inventory shall report the composition of all service
    lines in the community water supply's distribution system.
    (e) The Agency shall review and approve the final material
inventory submitted to it under subsection (d).
    (f) If a community water supply does not submit a complete
inventory to the Agency by April 15, 2024 under paragraph (2)
of subsection (d), the community water supply may apply for an
extension to the Agency no less than 3 months prior to the due
date. The Agency shall develop criteria for granting material
inventory extensions. When considering requests for extension,
the Agency shall, at a minimum, consider:
        (1) the number of service connections in a water
    supply; and
        (2) the number of service lines of an unknown material
    composition.
    (g) A material inventory prepared for a community water
supply under subsection (d) shall identify:
        (1) the total number of service lines connected to the
    community water supply's distribution system;
        (2) the materials of construction of each service line
    connected to the community water supply's distribution
    system;
        (3) the number of suspected lead service lines that
    were newly identified in the material inventory for the
    community water supply after the community water supply
    last submitted a service line inventory to the Agency; and
        (4) the number of suspected or known lead service
    lines that were replaced after the community water supply
    last submitted a service line inventory to the Agency, and
    the material of the service line that replaced each lead
    service line.
    When identifying the materials of construction under
paragraph (2) of this subsection, the owner or operator of the
community water supply shall to the best of the owner's or
operator's ability identify the type of construction material
used on the customer's side of the curb box, meter, or other
line of demarcation and the community water supply's side of
the curb box, meter, or other line of demarcation.
    (h) In completing a material inventory under subsection
(d), the owner or operator of a community water supply shall:
        (1) prioritize inspections of high-risk areas
    identified by the community water supply and inspections
    of high-risk facilities, such as preschools, day care
    centers, day care homes, group day care homes, parks,
    playgrounds, hospitals, and clinics, and confirm service
    line materials in those areas and at those facilities;
        (2) review historical documentation, such as
    construction logs or cards, as-built drawings, purchase
    orders, and subdivision plans, to determine service line
    material construction;
        (3) when conducting distribution system maintenance,
    visually inspect service lines and document materials of
    construction;
        (4) identify any time period when the service lines
    being connected to its distribution system were primarily
    lead service lines, if such a time period is known or
    suspected; and
        (5) discuss service line repair and installation with
    its employees, contractors, plumbers, other workers who
    worked on service lines connected to its distribution
    system, or all of the above.
    (i) The owner or operator of each community water supply
shall maintain records of persons who refuse to grant access
to the interior of a building for purposes of identifying the
materials of construction of a service line. If a community
water supply has been denied access on the property or to the
interior of a building for that reason, then the community
water supply shall attempt to identify the service line as a
suspected lead service line, unless documentation is provided
showing otherwise.
    (j) If a community water supply identifies a lead service
line connected to a building, the owner or operator of the
community water supply shall attempt to notify the owner of
the building and all occupants of the building of the
existence of the lead service line within 15 days after
identifying the lead service line, or as soon as is reasonably
possible thereafter. Individual written notice shall be given
according to the provisions of subsection (jj).
    (k) An owner or operator of a community water supply has no
duty to include in the material inventory required under
subsection (d) information about service lines that are
physically disconnected from a water main in its distribution
system.
    (l) The owner or operator of each community water supply
shall post on its website a copy of the most recently submitted
material inventory or alternatively may request that the
Agency post a copy of that material inventory on the Agency's
website.
    (m) Nothing in this Section shall be construed to require
service lines to be unearthed for the sole purpose of
inventorying.
    (n) When an owner or operator of a community water supply
awards a contract under this Section, the owner or operator
shall make a good faith effort to use contractors and vendors
owned by minority persons, women, and persons with a
disability, as those terms are defined in Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act, for not less than 20% of the total
contracts, provided that:
        (1) contracts representing at least 11% of the total
    projects shall be awarded to minority-owned businesses, as
    defined in Section 2 of the Business Enterprise for
    Minorities, Women, and Persons with Disabilities Act;
        (2) contracts representing at least 7% of the total
    projects shall be awarded to women-owned businesses, as
    defined in Section 2 of the Business Enterprise for
    Minorities, Women, and Persons with Disabilities Act; and
        (3) contracts representing at least 2% of the total
    projects shall be awarded to businesses owned by persons
    with a disability.
    Owners or operators of a community water supply are
encouraged to divide projects, whenever economically feasible,
into contracts of smaller size that ensure small business
contractors or vendors shall have the ability to qualify in
the applicable bidding process, when determining the ability
to deliver on a given contract based on scope and size, as a
responsible and responsive bidder.
    When a contractor or vendor submits a bid or letter of
intent in response to a request for proposal or other bid
submission, the contractor or vendor shall include with its
responsive documents a utilization plan that shall address how
compliance with applicable good faith requirements set forth
in this subsection shall be addressed.
    Under this subsection, "good faith effort" means a
community water supply has taken all necessary steps to comply
with the goals of this subsection by complying with the
following:
        (1) Soliciting through reasonable and available means
    the interest of a business, as defined in Section 2 of the
    Business Enterprise for Minorities, Women, and Persons
    with Disabilities Act, that have the capability to perform
    the work of the contract. The community water supply must
    solicit this interest within sufficient time to allow
    certified businesses to respond.
        (2) Providing interested certified businesses with
    adequate information about the plans, specifications, and
    requirements of the contract, including addenda, in a
    timely manner to assist them in responding to the
    solicitation.
        (3) Meeting in good faith with interested certified
    businesses that have submitted bids.
        (4) Effectively using the services of the State,
    minority or women community organizations, minority or
    women contractor groups, local, State, and federal
    minority or women business assistance offices, and other
    organizations to provide assistance in the recruitment and
    placement of certified businesses.
        (5) Making efforts to use appropriate forums for
    purposes of advertising subcontracting opportunities
    suitable for certified businesses.
    The diversity goals defined in this subsection can be met
through direct award to diverse contractors and through the
use of diverse subcontractors and diverse vendors to
contracts.
    (o) An owner or operator of a community water supply shall
collect data necessary to ensure compliance with subsection
(n) no less than semi-annually and shall include progress
toward compliance of subsection (n) in the owner or operator's
report required under subsection (t-5). The report must
include data on vendor and employee diversity, including data
on the owner's or operator's implementation of subsection (n).
    (p) Every owner or operator of a community water supply
that has known or suspected lead service lines shall:
        (1) create a plan to:
            (A) replace each lead service line connected to
        its distribution system; and
            (B) replace each galvanized service line connected
        to its distribution system, if the galvanized service
        line is or was connected downstream to lead piping;
        and
        (2) electronically submit, by April 15, 2024 its
    initial lead service line replacement plan to the Agency;
        (3) electronically submit by April 15 of each year
    after 2024 until April 15, 2027 an updated lead service
    line replacement plan to the Agency for review; the
    updated replacement plan shall account for changes in the
    number of lead service lines or unknown service lines in
    the material inventory described in subsection (d);
        (4) electronically submit by April 15, 2027 a complete
    and final replacement plan to the Agency for approval; the
    complete and final replacement plan shall account for all
    known and suspected lead service lines documented in the
    final material inventory described under paragraph (3) of
    subsection (d); and
        (5) post on its website a copy of the plan most
    recently submitted to the Agency or may request that the
    Agency post a copy of that plan on the Agency's website.
    (q) Each plan required under paragraph (1) of subsection
(p) shall include the following:
        (1) the name and identification number of the
    community water supply;
        (2) the total number of service lines connected to the
    distribution system of the community water supply;
        (3) the total number of suspected lead service lines
    connected to the distribution system of the community
    water supply;
        (4) the total number of known lead service lines
    connected to the distribution system of the community
    water supply;
        (5) the total number of lead service lines connected
    to the distribution system of the community water supply
    that have been replaced each year beginning in 2020;
        (6) a proposed lead service line replacement schedule
    that includes one-year, 5-year, 10-year, 15-year, 20-year,
    25-year, and 30-year goals;
        (7) an analysis of costs and financing options for
    replacing the lead service lines connected to the
    community water supply's distribution system, which shall
    include, but shall not be limited to:
            (A) a detailed accounting of costs associated with
        replacing lead service lines and galvanized lines that
        are or were connected downstream to lead piping;
            (B) measures to address affordability and prevent
        service shut-offs for customers or ratepayers; and
            (C) consideration of different scenarios for
        structuring payments between the utility and its
        customers over time; and
        (8) a plan for prioritizing high-risk facilities, such
    as preschools, day care centers, day care homes, group day
    care homes, parks, playgrounds, hospitals, and clinics, as
    well as high-risk areas identified by the community water
    supply;
        (9) a map of the areas where lead service lines are
    expected to be found and the sequence with which those
    areas will be inventoried and lead service lines replaced;
        (10) measures for how the community water supply will
    inform the public of the plan and provide opportunity for
    public comment; and
        (11) measures to encourage diversity in hiring in the
    workforce required to implement the plan as identified
    under subsection (n).
    (r) The Agency shall review final plans submitted to it
under subsection (p). The Agency shall approve a final plan if
the final plan includes all of the elements set forth under
subsection (q) and the Agency determines that:
        (1) the proposed lead service line replacement
    schedule set forth in the plan aligns with the timeline
    requirements set forth under subsection (v);
        (2) the plan prioritizes the replacement of lead
    service lines that provide water service to high-risk
    facilities, such as preschools, day care centers, day care
    homes, group day care homes, parks, playgrounds,
    hospitals, and clinics, and high-risk areas identified by
    the community water supply;
        (3) the plan includes analysis of cost and financing
    options; and
        (4) the plan provides documentation of public review.
    (s) An owner or operator of a community water supply has no
duty to include in the plans required under subsection (p)
information about service lines that are physically
disconnected from a water main in its distribution system.
    (t) If a community water supply does not deliver a
complete plan to the Agency by April 15, 2027, the community
water supply may apply to the Agency for an extension no less
than 3 months prior to the due date. The Agency shall develop
criteria for granting plan extensions. When considering
requests for extension, the Agency shall, at a minimum,
consider:
        (1) the number of service connections in a water
    supply; and
        (2) the number of service lines of an unknown material
    composition.
    (t-5) After the Agency has approved the final replacement
plan described in subsection (p), the owner or operator of a
community water supply shall submit a report detailing
progress toward plan goals to the Agency for its review. The
report shall be submitted annually for the first 10 years, and
every 3 years thereafter until all lead service lines have
been replaced. Reports under this subsection shall be
published in the same manner described in subsection (l). The
report shall include at least the following information as it
pertains to the preceding reporting period:
        (1) The number of lead service lines replaced and the
    average cost of lead service line replacement.
        (2) Progress toward meeting hiring requirements as
    described in subsection (n) and subsection (o).
        (3) The percent of customers electing a waiver
    offered, as described in subsections (ii) and (jj), among
    those customers receiving a request or notification to
    perform a lead service line replacement.
        (4) The method or methods used by the community water
    supply to finance lead service line replacement.
    (u) Notwithstanding any other provision of law, in order
to provide for costs associated with lead service line
remediation and replacement, the corporate authorities of a
municipality may, by ordinance or resolution by the corporate
authorities, exercise authority provided in Section 27-5 et
seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
levied for this purpose shall be in addition to taxes for
general purposes authorized under Section 8-3-1 of the
Illinois Municipal Code and shall be included in the taxing
district's aggregate extension for the purposes of Division 5
of Article 18 of the Property Tax Code.
    (v) Every owner or operator of a community water supply
shall replace all known lead service lines, subject to the
requirements of subsection (ff), according to the following
replacement rates and timelines to be calculated from the date
of submission of the final replacement plan to the Agency:
        (1) A community water supply reporting 1,200 or fewer
    lead service lines in its final inventory and replacement
    plan shall replace all lead service lines, at an annual
    rate of no less than 7% of the amount described in the
    final inventory, with a timeline of up to 15 years for
    completion.
        (2) A community water supply reporting more than 1,200
    but fewer than 5,000 lead service lines in its final
    inventory and replacement plan shall replace all lead
    service lines, at an annual rate of no less than 6% of the
    amount described in the final inventory, with a timeline
    of up to 17 years for completion.
        (3) A community water supply reporting more than 4,999
    but fewer than 10,000 lead service lines in its final
    inventory and replacement plan shall replace all lead
    service lines, at an annual rate of no less than 5% of the
    amount described in the final inventory, with a timeline
    of up to 20 years for completion.
        (4) A community water supply reporting more than 9,999
    but fewer than 99,999 lead service lines in its final
    inventory and replacement plan shall replace all lead
    service lines, at an annual rate of no less than 3% of the
    amount described in the final inventory, with a timeline
    of up to 34 years for completion.
        (5) A community water supply reporting more than
    99,999 lead service lines in its final inventory and
    replacement plan shall replace all lead service lines, at
    an annual rate of no less than 2% of the amount described
    in the final inventory, with a timeline of up to 50 years
    for completion.
    (w) A community water supply may apply to the Agency for an
extension to the replacement timelines described in paragraphs
(1) through (5) of subsection (v). The Agency shall develop
criteria for granting replacement timeline extensions. When
considering requests for timeline extensions, the Agency
shall, at a minimum, consider:
        (1) the number of service connections in a water
    supply; and
        (2) unusual circumstances creating hardship for a
    community.
    The Agency may grant one extension of additional time
equal to not more than 20% of the original replacement
timeline, except in situations of extreme hardship in which
the Agency may consider a second additional extension equal to
not more than 10% of the original replacement timeline.
    Replacement rates and timelines shall be calculated from
the date of submission of the final plan to the Agency.
    (x) The Lead Service Line Replacement Advisory Board is
created within the Agency. The Advisory Board shall convene
within 120 days after January 1, 2022 (the effective date of
Public Act 102-613).
    The Advisory Board shall consist of at least 28 voting
members, as follows:
        (1) the Director of the Agency, or his or her
    designee, who shall serve as chairperson;
        (2) the Director of Revenue, or his or her designee;
        (3) the Director of Public Health, or his or her
    designee;
        (4) fifteen members appointed by the Agency as
    follows:
            (A) one member representing a statewide
        organization of municipalities as authorized by
        Section 1-8-1 of the Illinois Municipal Code;
            (B) two members who are mayors representing
        municipalities located in any county south of the
        southernmost county represented by one of the 10
        largest municipalities in Illinois by population, or
        their respective designees;
            (C) two members who are representatives from
        public health advocacy groups;
            (D) two members who are representatives from
        publicly owned publicly-owned water utilities;
            (E) one member who is a representative from a
        public utility as defined under Section 3-105 of the
        Public Utilities Act that provides water service in
        the State of Illinois;
            (F) one member who is a research professional
        employed at an Illinois academic institution and
        specializing in water infrastructure research;
            (G) two members who are representatives from
        nonprofit civic organizations;
            (H) one member who is a representative from a
        statewide organization representing environmental
        organizations;
            (I) two members who are representatives from
        organized labor; and
            (J) one member representing an environmental
        justice organization; and
        (5) ten members who are the mayors of the 10 largest
    municipalities in Illinois by population, or their
    respective designees.
    No less than 10 of the 28 voting members shall be persons
of color, and no less than 3 shall represent communities
defined or self-identified as environmental justice
communities.
    Advisory Board members shall serve without compensation,
but may be reimbursed for necessary expenses incurred in the
performance of their duties from funds appropriated for that
purpose. The Agency shall provide administrative support to
the Advisory Board.
    The Advisory Board shall meet no less than once every 6
months.
    (y) The Advisory Board shall have, at a minimum, the
following duties:
        (1) advising the Agency on best practices in lead
    service line replacement;
        (2) reviewing the progress of community water supplies
    toward lead service line replacement goals;
        (3) advising the Agency on other matters related to
    the administration of the provisions of this Section;
        (4) advising the Agency on the integration of existing
    lead service line replacement plans with any statewide
    plan; and
        (5) providing technical support and practical
    expertise in general.
    (z) Within 18 months after January 1, 2022 (the effective
date of Public Act 102-613), the Advisory Board shall deliver
a report of its recommendations to the Governor and the
General Assembly concerning opportunities for dedicated,
long-term revenue options for funding lead service line
replacement. In submitting recommendations, the Advisory Board
shall consider, at a minimum, the following:
        (1) the sufficiency of various revenue sources to
    adequately fund replacement of all lead service lines in
    Illinois;
        (2) the financial burden, if any, on households
    falling below 150% of the federal poverty limit;
        (3) revenue options that guarantee low-income
    households are protected from rate increases;
        (4) an assessment of the ability of community water
    supplies to assess and collect revenue;
        (5) variations in financial resources among individual
    households within a service area; and
        (6) the protection of low-income households from rate
    increases.
    (aa) Within 10 years after January 1, 2022 (the effective
date of Public Act 102-613), the Advisory Board shall prepare
and deliver a report to the Governor and General Assembly
concerning the status of all lead service line replacement
within the State.
    (bb) The Lead Service Line Replacement Fund is created as
a special fund in the State treasury to be used by the Agency
for the purposes provided under this Section. The Fund shall
be used exclusively to finance and administer programs and
activities specified under this Section and listed under this
subsection.
    The objective of the Fund is to finance activities
associated with identifying and replacing lead service lines,
build Agency capacity to oversee the provisions of this
Section, and provide related assistance for the activities
listed under this subsection.
    The Agency shall be responsible for the administration of
the Fund and shall allocate moneys on the basis of priorities
established by the Agency through administrative rule. On July
1, 2022 and on July 1 of each year thereafter, the Agency shall
determine the available amount of resources in the Fund that
can be allocated to the activities identified under this
Section and shall allocate the moneys accordingly.
    Notwithstanding any other law to the contrary, the Lead
Service Line Replacement Fund is not subject to sweeps,
administrative charge-backs, or any other fiscal maneuver that
would in any way transfer any amounts from the Lead Service
Line Replacement Fund into any other fund of the State.
    (cc) Within one year after January 1, 2022 (the effective
date of Public Act 102-613), the Agency shall design rules for
a program for the purpose of administering lead service line
replacement funds. The rules must, at minimum, contain:
        (1) the process by which community water supplies may
    apply for funding; and
        (2) the criteria for determining unit of local
    government eligibility and prioritization for funding,
    including the prevalence of low-income households, as
    measured by median household income, the prevalence of
    lead service lines, and the prevalence of water samples
    that demonstrate elevated levels of lead.
    (dd) Funding under subsection (cc) shall be available for
costs directly attributable to the planning, design, or
construction directly related to the replacement of lead
service lines and restoration of property.
    Funding shall not be used for the general operating
expenses of a municipality or community water supply.
    (ee) An owner or operator of any community water supply
receiving grant funding under subsection (cc) shall bear the
entire expense of full lead service line replacement for all
lead service lines in the scope of the grant.
    (ff) When replacing a lead service line, the owner or
operator of the community water supply shall replace the
service line in its entirety, including, but not limited to,
any portion of the service line (i) running on private
property and (ii) within the building's plumbing at the first
shut-off valve. Partial lead service line replacements are
expressly prohibited. Exceptions shall be made under the
following circumstances:
        (1) In the event of an emergency repair that affects a
    lead service line or a suspected lead service line, a
    community water supply must contact the building owner to
    begin the process of replacing the entire service line. If
    the building owner is not able to be contacted or the
    building owner or occupant refuses to grant access and
    permission to replace the entire service line at the time
    of the emergency repair, then the community water supply
    may perform a partial lead service line replacement. Where
    an emergency repair on a service line constructed of lead
    or galvanized steel pipe results in a partial service line
    replacement, the water supply responsible for commencing
    the repair shall perform the following:
            (A) Notify the building's owner or operator and
        the resident or residents served by the lead service
        line in writing that a repair has been completed. The
        notification shall include, at a minimum:
                (i) a warning that the work may result in
            sediment, possibly containing lead, in the
            building's buildings water supply system;
                (ii) information concerning practices for
            preventing the consumption of any lead in drinking
            water, including a recommendation to flush water
            distribution pipe during and after the completion
            of the repair or replacement work and to clean
            faucet aerator screens; and
                (iii) information regarding the dangers of
            lead to young children and pregnant women.
            (B) Provide filters for at least one fixture
        supplying potable water for consumption. The filter
        must be certified by an accredited third-party
        certification body to NSF/ANSI 53 and NSF/ANSI 42 for
        the reduction of lead and particulate. The filter must
        be provided until such time that the remaining
        portions of the service line have been replaced with a
        material approved by the Department or a waiver has
        been issued under subsection (ii).
            (C) Replace the remaining portion of the lead
        service line within 30 days of the repair, or 120 days
        in the event of weather or other circumstances beyond
        reasonable control that prohibits construction. If a
        complete lead service line replacement cannot be made
        within the required period, the community water supply
        responsible for commencing the repair shall notify the
        Department in writing, at a minimum, of the following
        within 24 hours of the repair:
                (i) an explanation of why it is not feasible
            to replace the remaining portion of the lead
            service line within the allotted time; and
                (ii) a timeline for when the remaining portion
            of the lead service line will be replaced.
            (D) If complete repair of a lead service line
        cannot be completed due to denial by the property
        owner, the community water supply commencing the
        repair shall request the affected property owner to
        sign a waiver developed by the Department. If a
        property owner of a nonresidential building or
        residence operating as rental properties denies a
        complete lead service line replacement, the property
        owner shall be responsible for installing and
        maintaining point-of-use filters certified by an
        accredited third-party certification body to NSF/ANSI
        53 and NSF/ANSI 42 for the reduction of lead and
        particulate at all fixtures intended to supply water
        for the purposes of drinking, food preparation, or
        making baby formula. The filters shall continue to be
        supplied by the property owner until such time that
        the property owner has affected the remaining portions
        of the lead service line to be replaced.
            (E) Document any remaining lead service line,
        including a portion on the private side of the
        property, in the community water supply's distribution
        system materials inventory required under subsection
        (d).
        For the purposes of this paragraph (1), written notice
    shall be provided in the method and according to the
    provisions of subsection (jj).
        (2) Lead service lines that are physically
    disconnected from the distribution system are exempt from
    this subsection.
    (gg) Except as provided in subsection (hh), on and after
January 1, 2022, when the owner or operator of a community
water supply replaces a water main, the community water supply
shall identify all lead service lines connected to the water
main and shall replace the lead service lines by:
        (1) identifying the material or materials of each lead
    service line connected to the water main, including, but
    not limited to, any portion of the service line (i)
    running on private property and (ii) within the building
    plumbing at the first shut-off valve or 18 inches inside
    the building, whichever is shorter;
        (2) in conjunction with replacement of the water main,
    replacing any and all portions of each lead service line
    connected to the water main that are composed of lead; and
        (3) if a property owner or customer refuses to grant
    access to the property, following prescribed notice
    provisions as outlined in subsection (ff).
    If an owner of a potentially affected building intends to
replace a portion of a lead service line or a galvanized
service line and the galvanized service line is or was
connected downstream to lead piping, then the owner of the
potentially affected building shall provide the owner or
operator of the community water supply with notice at least 45
days before commencing the work. In the case of an emergency
repair, the owner of the potentially affected building must
provide filters for each kitchen area that are certified by an
accredited third-party certification body to NSF/ANSI 53 and
NSF/ANSI 42 for the reduction of lead and particulate. If the
owner of the potentially affected building notifies the owner
or operator of the community water supply that replacement of
a portion of the lead service line after the emergency repair
is completed, then the owner or operator of the community
water supply shall replace the remainder of the lead service
line within 30 days after completion of the emergency repair.
A community water supply may take up to 120 days if necessary
due to weather conditions. If a replacement takes longer than
30 days, filters provided by the owner of the potentially
affected building must be replaced in accordance with the
manufacturer's recommendations. Partial lead service line
replacements by the owners of potentially affected buildings
are otherwise prohibited.
    (hh) For municipalities with a population in excess of
1,000,000 inhabitants, the requirements of subsection (gg)
shall commence on January 1, 2023.
    (ii) At least 45 days before conducting planned lead
service line replacement, the owner or operator of a community
water supply shall, by mail, attempt to contact the owner of
the potentially affected building serviced by the lead service
line to request access to the building and permission to
replace the lead service line in accordance with the lead
service line replacement plan. If the owner of the potentially
affected building does not respond to the request within 15
days after the request is sent, the owner or operator of the
community water supply shall attempt to post the request on
the entrance of the potentially affected building.
    If the owner or operator of a community water supply is
unable to obtain approval to access and replace a lead service
line, the owner or operator of the community water supply
shall request that the owner of the potentially affected
building sign a waiver. The waiver shall be developed by the
Department and should be made available in the owner's
language. If the owner of the potentially affected building
refuses to sign the waiver or fails to respond to the community
water supply after the community water supply has complied
with this subsection, then the community water supply shall
notify the Department in writing within 15 working days.
    (jj) When replacing a lead service line or repairing or
replacing water mains with lead service lines or partial lead
service lines attached to them, the owner or operator of a
community water supply shall provide the owner of each
potentially affected building that is serviced by the affected
lead service lines or partial lead service lines, as well as
the occupants of those buildings, with an individual written
notice. The notice shall be delivered by mail or posted at the
primary entranceway of the building. The notice must, in
addition, be electronically mailed where an electronic mailing
address is known or can be reasonably obtained. Written notice
shall include, at a minimum, the following:
        (1) a warning that the work may result in sediment,
    possibly containing lead from the service line, in the
    building's water;
        (2) information concerning the best practices for
    preventing exposure to or risk of consumption of lead in
    drinking water, including a recommendation to flush water
    lines during and after the completion of the repair or
    replacement work and to clean faucet aerator screens; and
        (3) information regarding the dangers of lead exposure
    to young children and pregnant women.
    When the individual written notice described in the first
paragraph of this subsection is required as a result of
planned work other than the repair or replacement of a water
meter, the owner or operator of the community water supply
shall provide the notice not less than 14 days before work
begins. When the individual written notice described in the
first paragraph of this subsection is required as a result of
emergency repairs other than the repair or replacement of a
water meter, the owner or operator of the community water
supply shall provide the notice at the time the work is
initiated. When the individual written notice described in the
first paragraph of this subsection is required as a result of
the repair or replacement of a water meter, the owner or
operator of the community water supply shall provide the
notice at the time the work is initiated.
    The notifications required under this subsection must
contain the following statement in Spanish, Polish, Chinese,
Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This
notice contains important information about your water service
and may affect your rights. We encourage you to have this
notice translated in full into a language you understand and
before you make any decisions that may be required under this
notice."
    An owner or operator of a community water supply that is
required under this subsection to provide an individual
written notice to the owner and occupant of a potentially
affected building that is a multi-dwelling building may
satisfy that requirement and the requirements of this
subsection regarding notification to non-English speaking
customers by posting the required notice on the primary
entranceway of the building and at the location where the
occupant's mail is delivered as reasonably as possible.
    When this subsection would require the owner or operator
of a community water supply to provide an individual written
notice to the entire community served by the community water
supply or would require the owner or operator of a community
water supply to provide individual written notices as a result
of emergency repairs or when the community water supply that
is required to comply with this subsection is a small system,
the owner or operator of the community water supply may
provide the required notice through local media outlets,
social media, or other similar means in lieu of providing the
individual written notices otherwise required under this
subsection.
    No notifications are required under this subsection for
work performed on water mains that are used to transmit
treated water between community water supplies and properties
that have no service connections.
    (kk) No community water supply that sells water to any
wholesale or retail consecutive community water supply may
pass on any costs associated with compliance with this Section
to consecutive systems.
    (ll) To the extent allowed by law, when a community water
supply replaces or installs a lead service line in a public
right-of-way or enters into an agreement with a private
contractor for replacement or installation of a lead service
line, the community water supply shall be held harmless for
all damage to property when replacing or installing the lead
service line. If dangers are encountered that prevent the
replacement of the lead service line, the community water
supply shall notify the Department within 15 working days of
why the replacement of the lead service line could not be
accomplished.
    (mm) The Agency may propose to the Board, and the Board may
adopt, any rules necessary to implement and administer this
Section. The Department may adopt rules necessary to address
lead service lines attached to non-community water supplies.
    (nn) Notwithstanding any other provision in this Section,
no requirement in this Section shall be construed as being
less stringent than existing applicable federal requirements.
    (oo) All lead service line replacements financed in whole
or in part with funds obtained under this Section shall be
considered public works for purposes of the Prevailing Wage
Act.
    (pp) Beginning in 2023, each municipality with a
population of more than 1,000,000 inhabitants shall publicly
post on its website data describing progress the municipality
has made toward replacing lead service lines within the
municipality. The data required to be posted under this
subsection shall be the same information required to be
reported under paragraphs (1) through (4) of subsection (t-5)
of this Section. Beginning in 2024, each municipality that is
subject to this subsection shall annually update the data
posted on its website under this subsection. A municipality's
duty to post data under this subsection terminates only when
all lead service lines within the municipality have been
replaced. Nothing in this subsection (pp) shall be construed
to replace, undermine, conflict with, or otherwise amend the
responsibilities and requirements set forth in subsection
(t-5) of this Section.
(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22;
103-167, eff. 6-30-23; revised 9-20-23.)
 
    (415 ILCS 5/22.15)
    Sec. 22.15. Solid Waste Management Fund; fees.
    (a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to
be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, from fees
collected under the Paint Stewardship Act, and from amounts
transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of
Commerce and Economic Opportunity in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the General Revenue Fund.
    (b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection. Beginning on July 1, 2018, and on the
first day of each month thereafter during fiscal years 2019
through 2024, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000
per fiscal year from the Solid Waste Management Fund to the
General Revenue Fund.
        (1) If more than 150,000 cubic yards of non-hazardous
    solid waste is permanently disposed of at a site in a
    calendar year, the owner or operator shall either pay a
    fee of 95 cents per cubic yard or, alternatively, the
    owner or operator may weigh the quantity of the solid
    waste permanently disposed of with a device for which
    certification has been obtained under the Weights and
    Measures Act and pay a fee of $2.00 per ton of solid waste
    permanently disposed of. In no case shall the fee
    collected or paid by the owner or operator under this
    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
        (2) If more than 100,000 cubic yards but not more than
    150,000 cubic yards of non-hazardous waste is permanently
    disposed of at a site in a calendar year, the owner or
    operator shall pay a fee of $52,630.
        (3) If more than 50,000 cubic yards but not more than
    100,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $23,790.
        (4) If more than 10,000 cubic yards but not more than
    50,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $7,260.
        (5) If not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year, the owner or operator shall pay a
    fee of $1050.
    (c) (Blank).
    (d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
        (1) necessary records identifying the quantities of
    solid waste received or disposed;
        (2) the form and submission of reports to accompany
    the payment of fees to the Agency;
        (3) the time and manner of payment of fees to the
    Agency, which payments shall not be more often than
    quarterly; and
        (4) procedures setting forth criteria establishing
    when an owner or operator may measure by weight or volume
    during any given quarter or other fee payment period.
    (e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee
collection and administration, for administration of the Paint
Stewardship Act, and for the administration of the Consumer
Electronics Recycling Act, the Drug Take-Back Act, and the
Statewide Recycling Needs Assessment Act.
    (f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
    (g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys
transferred under this subsection (g) shall be used only for
the purposes set forth in item (1) of subsection (d) of Section
22.2.
    (h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating, and enforcement activities pursuant
to subsection (r) of Section 4 at nonhazardous solid waste
disposal sites.
    (i) The Agency is authorized to conduct household waste
collection and disposal programs.
    (j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including, but not limited to, an
environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
        (1) 60¢ per cubic yard if more than 150,000 cubic
    yards of non-hazardous solid waste is permanently disposed
    of at the site in a calendar year, unless the owner or
    operator weighs the quantity of the solid waste received
    with a device for which certification has been obtained
    under the Weights and Measures Act, in which case the fee
    shall not exceed $1.27 per ton of solid waste permanently
    disposed of.
        (2) $33,350 if more than 100,000 cubic yards, but not
    more than 150,000 cubic yards, of non-hazardous waste is
    permanently disposed of at the site in a calendar year.
        (3) $15,500 if more than 50,000 cubic yards, but not
    more than 100,000 cubic yards, of non-hazardous solid
    waste is permanently disposed of at the site in a calendar
    year.
        (4) $4,650 if more than 10,000 cubic yards, but not
    more than 50,000 cubic yards, of non-hazardous solid waste
    is permanently disposed of at the site in a calendar year.
        (5) $650 if not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at
    the site in a calendar year.
    The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local
ordinance.
    For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in
subsection (a-1) of Section 3.160, the total fee, tax, or
surcharge imposed by all units of local government under this
subsection (j) upon the solid waste disposal facility shall
not exceed 50% of the applicable amount set forth above. A unit
of local government, as defined in the Local Solid Waste
Disposal Act, in which a general construction or demolition
debris recovery facility is located may establish a fee, tax,
or surcharge on the general construction or demolition debris
recovery facility with regard to the permanent disposal of
solid waste by the general construction or demolition debris
recovery facility at a solid waste disposal facility, provided
that such fee, tax, or surcharge shall not exceed 50% of the
applicable amount set forth above, based on the total amount
of solid waste transported from the general construction or
demolition debris recovery facility for disposal at solid
waste disposal facilities, and the unit of local government
and fee shall be subject to all other requirements of this
subsection (j).
    A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has
been dumped on public property in violation of a State law or
local ordinance.
    If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a
written delegation agreement within 60 days after the
establishment of such fees. At least annually, the Agency
shall conduct an audit of the expenditures made by units of
local government from the funds granted by the Agency to the
units of local government for purposes of local sanitary
landfill inspection and enforcement programs, to ensure that
the funds have been expended for the prescribed purposes under
the grant.
    The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
    A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and post on its website, in
April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The
report will at a minimum include the following:
        (1) The total monies collected pursuant to this
    subsection.
        (2) The most current balance of monies collected
    pursuant to this subsection.
        (3) An itemized accounting of all monies expended for
    the previous year pursuant to this subsection.
        (4) An estimation of monies to be collected for the
    following 3 years pursuant to this subsection.
        (5) A narrative detailing the general direction and
    scope of future expenditures for one, 2 and 3 years.
    The exemptions granted under Sections 22.16 and 22.16a,
and under subsection (k) of this Section, shall be applicable
to any fee, tax or surcharge imposed under this subsection
(j); except that the fee, tax or surcharge authorized to be
imposed under this subsection (j) may be made applicable by a
unit of local government to the permanent disposal of solid
waste after December 31, 1986, under any contract lawfully
executed before June 1, 1986 under which more than 150,000
cubic yards (or 50,000 tons) of solid waste is to be
permanently disposed of, even though the waste is exempt from
the fee imposed by the State under subsection (b) of this
Section pursuant to an exemption granted under Section 22.16.
    (k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
        (1) waste which is hazardous waste;
        (2) waste which is pollution control waste;
        (3) waste from recycling, reclamation or reuse
    processes which have been approved by the Agency as being
    designed to remove any contaminant from wastes so as to
    render such wastes reusable, provided that the process
    renders at least 50% of the waste reusable; the exemption
    set forth in this paragraph (3) of this subsection (k)
    shall not apply to general construction or demolition
    debris recovery facilities as defined in subsection (a-1)
    of Section 3.160;
        (4) non-hazardous solid waste that is received at a
    sanitary landfill and composted or recycled through a
    process permitted by the Agency; or
        (5) any landfill which is permitted by the Agency to
    receive only demolition or construction debris or
    landscape waste.
(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
revised 12-15-23.)
 
    (415 ILCS 5/31)  (from Ch. 111 1/2, par. 1031)
    Sec. 31. Notice; complaint; hearing.
    (a)(1) Within 180 days after becoming aware of an alleged
violation of this the Act, any rule adopted under this the Act,
a permit granted by the Agency, or a condition of such a
permit, the Agency shall issue and serve, by certified mail,
upon the person complained against a written notice informing
that person that the Agency has evidence of the alleged
violation. At a minimum, the written notice shall contain:
        (A) a notification to the person complained against of
    the requirement to submit a written response addressing
    the violations alleged and the option to meet with
    appropriate agency personnel to resolve any alleged
    violations that could lead to the filing of a formal
    complaint;
        (B) a detailed explanation by the Agency of the
    violations alleged;
        (C) an explanation by the Agency of the actions that
    the Agency believes may resolve the alleged violations,
    including an estimate of a reasonable time period for the
    person complained against to complete the suggested
    resolution; and
        (D) an explanation of any alleged violation that the
    Agency believes cannot be resolved without the involvement
    of the Office of the Illinois Attorney General or the
    State's Attorney of the county in which the alleged
    violation occurred and the basis for the Agency's belief.
    (2) A written response to the violations alleged shall be
submitted to the Agency, by certified mail, within 45 days
after receipt of notice by the person complained against, or
within an extended time period as agreed to by the Agency and
person complained against. The written response shall include:
        (A) information in rebuttal, explanation, or
    justification of each alleged violation;
        (B) if the person complained against desires to enter
    into a Compliance Commitment Agreement, proposed terms for
    a Compliance Commitment Agreement that includes specified
    times for achieving each commitment and which may consist
    of a statement indicating that the person complained
    against believes that compliance has been achieved; and
        (C) a request for a meeting with appropriate Agency
    personnel if a meeting is desired by the person complained
    against.
    (3) If the person complained against fails to respond in
accordance with the requirements of subdivision (2) of this
subsection (a), the failure to respond shall be considered a
waiver of the requirements of this subsection (a) and nothing
in this Section shall preclude the Agency from proceeding
pursuant to subsection (b) of this Section.
    (4) A meeting requested pursuant to subdivision (2) of
this subsection (a) shall be held without a representative of
the Office of the Illinois Attorney General or the State's
Attorney of the county in which the alleged violation
occurred, within 60 days after receipt of notice by the person
complained against, or within an extended time period as
agreed to by the Agency and person complained against. At the
meeting, the Agency shall provide an opportunity for the
person complained against to respond to each alleged
violation, suggested resolution, and suggested implementation
time frame, and to suggest alternate resolutions.
    (5) If a meeting requested pursuant to subdivision (2) of
this subsection (a) is held, the person complained against
shall, within 21 days following the meeting or within an
extended time period as agreed to by the Agency and person
complained against, submit by certified mail to the Agency a
written response to the alleged violations. The written
response shall include:
        (A) additional information in rebuttal, explanation,
    or justification of each alleged violation;
        (B) if the person complained against desires to enter
    into a Compliance Commitment Agreement, proposed terms for
    a Compliance Commitment Agreement that includes specified
    times for achieving each commitment and which may consist
    of a statement indicating that the person complained
    against believes that compliance has been achieved; and
        (C) a statement indicating that, should the person
    complained against so wish, the person complained against
    chooses to rely upon the initial written response
    submitted pursuant to subdivision (2) of this subsection
    (a).
    (6) If the person complained against fails to respond in
accordance with the requirements of subdivision (5) of this
subsection (a), the failure to respond shall be considered a
waiver of the requirements of this subsection (a) and nothing
in this Section shall preclude the Agency from proceeding
pursuant to subsection (b) of this Section.
    (7) Within 30 days after the Agency's receipt of a written
response submitted by the person complained against pursuant
to subdivision (2) of this subsection (a) if a meeting is not
requested or pursuant to subdivision (5) of this subsection
(a) if a meeting is held, or within a later time period as
agreed to by the Agency and the person complained against, the
Agency shall issue and serve, by certified mail, upon the
person complained against (i) a proposed Compliance Commitment
Agreement or (ii) a notice that one or more violations cannot
be resolved without the involvement of the Office of the
Attorney General or the State's Attorney of the county in
which the alleged violation occurred and that no proposed
Compliance Commitment Agreement will be issued by the Agency
for those violations. The Agency shall include terms and
conditions in the proposed Compliance Commitment Agreement
that are, in its discretion, necessary to bring the person
complained against into compliance with the Act, any rule
adopted under the Act, any permit granted by the Agency, or any
condition of such a permit. The Agency shall take into
consideration the proposed terms for the proposed Compliance
Commitment Agreement that were provided under subdivision
(a)(2)(B) or (a)(5)(B) of this Section by the person
complained against.
    (7.5) Within 30 days after the receipt of the Agency's
proposed Compliance Commitment Agreement by the person
complained against, or within a later time period not to
exceed an additional 30 days as agreed to by the Agency and the
person complained against, the person shall either (i) agree
to and sign the proposed Compliance Commitment Agreement
provided by the Agency and submit the signed Compliance
Commitment Agreement to the Agency by certified mail or (ii)
notify the Agency in writing by certified mail of the person's
rejection of the proposed Compliance Commitment Agreement. If
the person complained against fails to respond to the proposed
Compliance Commitment Agreement within 30 days as required
under this paragraph, the proposed Compliance Commitment
Agreement is deemed rejected by operation of law. Any
Compliance Commitment Agreement entered into under item (i) of
this paragraph may be amended subsequently in writing by
mutual agreement between the Agency and the signatory to the
Compliance Commitment Agreement, the signatory's legal
representative, or the signatory's agent.
    (7.6) No person shall violate the terms or conditions of a
Compliance Commitment Agreement entered into under subdivision
(a)(7.5) of this Section. Successful completion of a
Compliance Commitment Agreement or an amended Compliance
Commitment Agreement shall be a factor to be weighed, in favor
of the person completing the Agreement, by the Office of the
Illinois Attorney General in determining whether to file a
complaint for the violations that were the subject of the
Agreement.
    (7.7) Within 30 days after a Compliance Commitment
Agreement takes effect or is amended in accordance with
paragraph (7.5), the Agency shall publish a copy of the final
executed Compliance Commitment Agreement on the Agency's
website. The Agency shall maintain an Internet database of all
Compliance Commitment Agreements entered on or after August
24, 2018 (the effective date of Public Act 100-1080) this
amendatory Act of the 100th General Assembly. At a minimum,
the database shall be searchable by the following categories:
the county in which the facility that is subject to the
Compliance Commitment Agreement is located; the date of final
execution of the Compliance Commitment Agreement; the name of
the respondent; and the media involved, including air, water,
land, or public water supply.
    (8) Nothing in this subsection (a) is intended to require
the Agency to enter into Compliance Commitment Agreements for
any alleged violation that the Agency believes cannot be
resolved without the involvement of the Office of the Attorney
General or the State's Attorney of the county in which the
alleged violation occurred, for, among other purposes, the
imposition of statutory penalties.
    (9) The Agency's failure to respond within 30 days of
receipt to a written response submitted pursuant to
subdivision (2) of this subsection (a) if a meeting is not
requested or pursuant to subdivision (5) of this subsection
(a) if a meeting is held, or within the time period otherwise
agreed to in writing by the Agency and the person complained
against, shall be deemed an acceptance by the Agency of the
proposed terms of the Compliance Commitment Agreement for the
violations alleged in the written notice issued under
subdivision (1) of this subsection (a) as contained within the
written response.
    (10) If the person complained against complies with the
terms of a Compliance Commitment Agreement accepted pursuant
to this subsection (a), the Agency shall not refer the alleged
violations which are the subject of the Compliance Commitment
Agreement to the Office of the Illinois Attorney General or
the State's Attorney of the county in which the alleged
violation occurred. However, nothing in this subsection is
intended to preclude the Agency from continuing negotiations
with the person complained against or from proceeding pursuant
to the provisions of subsection (b) of this Section for
alleged violations that remain the subject of disagreement
between the Agency and the person complained against following
fulfillment of the requirements of this subsection (a).
    (11) Nothing in this subsection (a) is intended to
preclude the person complained against from submitting to the
Agency, by certified mail, at any time, notification that the
person complained against consents to waiver of the
requirements of subsections (a) and (b) of this Section.
    (12) The Agency shall have the authority to adopt rules
for the administration of this subsection (a) of this Section.
The rules shall be adopted in accordance with the provisions
of the Illinois Administrative Procedure Act.
    (b) For alleged violations that remain the subject of
disagreement between the Agency and the person complained
against following fulfillment of the requirements of
subsection (a) of this Section, and for alleged violations of
the terms or conditions of a Compliance Commitment Agreement
entered into under subdivision (a)(7.5) of this Section as
well as the alleged violations that are the subject of the
Compliance Commitment Agreement, and as a precondition to the
Agency's referral or request to the Office of the Illinois
Attorney General or the State's Attorney of the county in
which the alleged violation occurred for legal representation
regarding an alleged violation that may be addressed pursuant
to subsection (c) or (d) of this Section or pursuant to Section
42 of this Act, the Agency shall issue and serve, by certified
mail, upon the person complained against a written notice
informing that person that the Agency intends to pursue legal
action. Such notice shall notify the person complained against
of the violations to be alleged and offer the person an
opportunity to meet with appropriate Agency personnel in an
effort to resolve any alleged violations that could lead to
the filing of a formal complaint. The meeting with Agency
personnel shall be held within 30 days after receipt of notice
served pursuant to this subsection upon the person complained
against, unless the Agency agrees to a postponement or the
person notifies the Agency that he or she will not appear at a
meeting within the 30-day time period. Nothing in this
subsection is intended to preclude the Agency from following
the provisions of subsection (c) or (d) of this Section or from
requesting the legal representation of the Office of the
Illinois Attorney General or the State's Attorney of the
county in which the alleged violations occurred for alleged
violations which remain the subject of disagreement between
the Agency and the person complained against after the
provisions of this subsection are fulfilled.
    (c)(1) For alleged violations which remain the subject of
disagreement between the Agency and the person complained
against following waiver pursuant to subdivision (10) of
subsection (a) of this Section or fulfillment of the
requirements of subsections (a) and (b) of this Section, the
Office of the Illinois Attorney General or the State's
Attorney of the county in which the alleged violation occurred
shall issue and serve upon the person complained against a
written notice, together with a formal complaint, which shall
specify the provision of the Act, rule, regulation, permit, or
term or condition thereof under which such person is said to be
in violation and a statement of the manner in and the extent to
which such person is said to violate the Act, rule,
regulation, permit, or term or condition thereof and shall
require the person so complained against to answer the charges
of such formal complaint at a hearing before the Board at a
time not less than 21 days after the date of notice by the
Board, except as provided in Section 34 of this Act. Such
complaint shall be accompanied by a notification to the
defendant that financing may be available, through the
Illinois Environmental Facilities Financing Act, to correct
such violation. A copy of such notice of such hearings shall
also be sent to any person who that has complained to the
Agency respecting the respondent within the six months
preceding the date of the complaint, and to any person in the
county in which the offending activity occurred that has
requested notice of enforcement proceedings; 21 days notice of
such hearings shall also be published in a newspaper of
general circulation in such county. The respondent may file a
written answer, and at such hearing the rules prescribed in
Sections 32 and 33 of this Act shall apply. In the case of
actual or threatened acts outside Illinois contributing to
environmental damage in Illinois, the extraterritorial
service-of-process provisions of Sections 2-208 and 2-209 of
the Code of Civil Procedure shall apply.
    With respect to notices served pursuant to this subsection
(c)(1) that involve hazardous material or wastes in any
manner, the Agency shall annually publish a list of all such
notices served. The list shall include the date the
investigation commenced, the date notice was sent, the date
the matter was referred to the Attorney General, if
applicable, and the current status of the matter.
    (2) Notwithstanding the provisions of subdivision (1) of
this subsection (c), whenever a complaint has been filed on
behalf of the Agency or by the People of the State of Illinois,
the parties may file with the Board a stipulation and proposal
for settlement accompanied by a request for relief from the
requirement of a hearing pursuant to subdivision (1). Unless
the Board, in its discretion, concludes that a hearing will be
held, the Board shall cause notice of the stipulation,
proposal and request for relief to be published and sent in the
same manner as is required for hearing pursuant to subdivision
(1) of this subsection. The notice shall include a statement
that any person may file a written demand for hearing within 21
days after receiving the notice. If any person files a timely
written demand for hearing, the Board shall deny the request
for relief from a hearing and shall hold a hearing in
accordance with the provisions of subdivision (1).
    (3) Notwithstanding the provisions of subdivision (1) of
this subsection (c), if the Agency becomes aware of a
violation of this Act arising from, or as a result of,
voluntary pollution prevention activities, the Agency shall
not proceed with the written notice required by subsection (a)
of this Section unless:
        (A) the person fails to take corrective action or
    eliminate the reported violation within a reasonable time;
    or
        (B) the Agency believes that the violation poses a
    substantial and imminent danger to the public health or
    welfare or the environment. For the purposes of this item
    (B), "substantial and imminent danger" means a danger with
    a likelihood of serious or irreversible harm.
    (d)(1) Any person may file with the Board a complaint,
meeting the requirements of subsection (c) of this Section,
against any person allegedly violating this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order. The complainant
shall immediately serve a copy of such complaint upon the
person or persons named therein. Unless the Board determines
that such complaint is duplicative or frivolous, it shall
schedule a hearing and serve written notice thereof upon the
person or persons named therein, in accord with subsection (c)
of this Section.
    (2) Whenever a complaint has been filed by a person other
than the Attorney General or the State's Attorney, the parties
may file with the Board a stipulation and proposal for
settlement accompanied by a request for relief from the
hearing requirement of subdivision (c)(1) of this Section.
Unless the Board, in its discretion, concludes that a hearing
should be held, no hearing on the stipulation and proposal for
settlement is required.
    (e) In hearings before the Board under this Title the
burden shall be on the Agency or other complainant to show
either that the respondent has caused or threatened to cause
air or water pollution or that the respondent has violated or
threatens to violate any provision of this Act or any rule or
regulation of the Board or permit or term or condition
thereof. If such proof has been made, the burden shall be on
the respondent to show that compliance with the Board's
regulations would impose an arbitrary or unreasonable
hardship.
    (f) The provisions of this Section shall not apply to
administrative citation actions commenced under Section 31.1
of this Act.
(Source: P.A. 103-168, eff. 6-30-23; revised 9-20-23.)
 
    (415 ILCS 5/58.5)
    Sec. 58.5. Risk-based remediation objectives.
    (a) Determination of remediation objectives. This Section
establishes the procedures for determining risk-based
remediation objectives.
    (b) Background area remediation objectives.
        (1) Except as provided in subdivisions (b)(2) or
    (b)(3) of this Section, remediation objectives established
    under this Section shall not require remediation of
    regulated substances to levels that are less than area
    background levels.
        (2) In the event that the concentration of a regulated
    substance of concern on the site exceeds a remediation
    objective adopted by the Board for residential land use,
    the property may not be converted to residential use
    unless such remediation objective or an alternate
    risk-based remediation objective for that regulated
    substance of concern is first achieved.
        (3) In the event that the Agency has determined in
    writing that the background level for a regulated
    substance poses an acute threat to human health or the
    environment at the site when considering the post-remedial
    action land use, the RA shall develop appropriate
    risk-based remediation objectives in accordance with this
    Section.
    (c) Regulations establishing remediation objectives and
methodologies for deriving remediation objectives for
individual or classes of regulated substances shall be adopted
by the Board in accordance with this Section and Section
58.11.
        (1) The regulations shall provide for the adoption of
    a three-tiered process for an a RA to establish
    remediation objectives protective of human health and the
    environment based on identified risks and specific site
    characteristics at and around the site.
        (2) The regulations shall provide procedures for using
    alternative tiers in developing remediation objectives for
    multiple regulated substances.
        (3) The regulations shall provide procedures for
    determining area background contaminant levels.
        (4) The methodologies adopted under this Section shall
    ensure that the following factors are taken into account
    in determining remediation objectives:
            (A) potential risks posed by carcinogens and
        noncarcinogens; and
            (B) the presence of multiple substances of concern
        and multiple exposure pathways.
    (d) In developing remediation objectives under subsection
(c) of this Section, the methodology proposed and adopted
shall establish tiers addressing manmade and natural pathways
of exposure, including, but not limited to, human ingestion,
human inhalation, and groundwater protection. For carcinogens,
soil and groundwater remediation objectives shall be
established at exposures that represent an excess upper-bound
lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as
appropriate for the post-remedial action use, except that
remediation objectives protecting residential use shall be
based on exposures that represent an excess upper-bound
lifetime risk of 1 in 1,000,000. No groundwater remediation
objective adopted pursuant to this Section shall be more
restrictive than the applicable Class I or Class III
Groundwater Quality Standard adopted by the Board. At a
minimum, the objectives shall include the following:
        (1) Tier I remediation objectives expressed as a table
    of numeric values for soil and groundwater. Such
    objectives may be of different values dependent on
    potential pathways at the site and different land uses,
    including residential and nonresidential uses.
        (2) Tier II remediation objectives shall include the
    formulae and equations used to derive the Tier II
    objectives and input variables for use in the formulae.
    The RA may alter the input variables when it is
    demonstrated that the specific circumstances at and around
    the site including land uses warrant such alternate
    variables.
        (3) Tier III remediation objectives shall include
    methodologies to allow for the development of
    site-specific risk-based remediation objectives for soil
    or groundwater, or both, for regulated substances. Such
    methodology shall allow for different remediation
    objectives for residential and various categories of
    non-residential land uses. The Board's future adoption of
    a methodology pursuant to this Section shall in no way
    preclude the use of a nationally recognized methodology to
    be used for the development of site-specific risk-based
    objectives for regulated substances under this Section. In
    determining Tier III remediation objectives under this
    subsection, all of the following factors shall be
    considered:
            (A) The use of specific site characteristic data.
            (B) The use of appropriate exposure factors for
        the current and currently planned future land use of
        the site and adjacent property and the effectiveness
        of engineering, institutional, or legal controls
        placed on the current or future use of the site.
            (C) The use of appropriate statistical
        methodologies to establish statistically valid
        remediation objectives.
            (D) The actual and potential impact of regulated
        substances to receptors.
        (4) For regulated substances that have a groundwater
    quality standard established pursuant to the Illinois
    Groundwater Protection Act and rules promulgated
    thereunder, site specific groundwater remediation
    objectives may be proposed under the methodology
    established in subdivision (d)(3) of this Section at
    values greater than the groundwater quality standards.
            (A) The RA proposing any site specific groundwater
        remediation objective at a value greater than the
        applicable groundwater quality standard shall
        demonstrate:
                (i) To the extent practical, the exceedance of
            the groundwater quality standard has been
            minimized and beneficial use appropriate to the
            groundwater that was impacted has been returned;
            and
                (ii) Any threat to human health or the
            environment has been minimized.
            (B) The rules proposed by the Agency and adopted
        by the Board under this Section shall include criteria
        required for the demonstration of the suitability of
        groundwater objectives proposed under subdivision (b)
        (4) (A) of this Section.
    (e) The rules proposed by the Agency and adopted by the
Board under this Section shall include conditions for the
establishment and duration of groundwater management zones by
rule, as appropriate, at sites undergoing remedial action
under this Title.
    (f) Until such time as the Board adopts remediation
objectives under this Section, the remediation objectives
adopted by the Board under Title XVI of this Act shall apply to
all environmental assessments and soil or groundwater remedial
action conducted under this Title.
(Source: P.A. 91-909, eff. 7-7-00; revised 9-20-23.)
 
    (415 ILCS 5/58.6)
    Sec. 58.6. Remedial investigations and reports.
    (a) Any RA who proceeds under this Title may elect to seek
review and approval for any of the remediation objectives
provided in Section 58.5 for any or all regulated substances
of concern. The RA shall conduct investigations and remedial
activities for regulated substances of concern and prepare
plans and reports in accordance with this Section and rules
adopted hereunder. The RA shall submit the plans and reports
for review and approval in accordance with Section 58.7. All
investigations, plans, and reports conducted or prepared under
this Section shall be under the supervision of a Licensed
Professional Engineer (LPE) or, in the case of a site
investigation only, a Licensed Professional Geologist in
accordance with the requirements of this Title.
    (b) (1) Site investigation and Site Investigation Report.
        (1) The RA shall conduct a site investigation to
    determine the significant physical features of the site
    and vicinity that may affect contaminant transport and
    risk to human health, safety, and the environment and to
    determine the nature, concentration, direction and rate of
    movement, and extent of the contamination at the site.
        (2) The RA shall compile the results of the
    investigations into a Site Investigation Report. At a
    minimum, the reports shall include the following, as
    applicable:
            (A) Executive summary;
            (B) Site history;
            (C) Site-specific sampling methods and results;
            (D) Documentation of field activities, including
        quality assurance project plan;
            (E) Interpretation of results; and
            (F) Conclusions.
    (c) Remediation Objectives Report.
        (1) If an a RA elects to determine remediation
    objectives appropriate for the site using the Tier II or
    Tier III procedures under subsection (d) of Section 58.5,
    the RA shall develop such remediation objectives based on
    site-specific information. In support of such remediation
    objectives, the RA shall prepare a Remediation Objectives
    Report demonstrating how the site-specific objectives were
    calculated or otherwise determined.
        (2) If an a RA elects to determine remediation
    objectives appropriate for the site using the area
    background procedures under subsection (b) of Section
    58.5, the RA shall develop such remediation objectives
    based on site-specific literature review, sampling
    protocol, or appropriate statistical methods in accordance
    with Board rules. In support of such remediation
    objectives, the RA shall prepare a Remediation Objectives
    Report demonstrating how the area background remediation
    objectives were determined.
    (d) Remedial Action Plan. If the approved remediation
objectives for any regulated substance established under
Section 58.5 are less than the levels existing at the site
prior to any remedial action, the RA shall prepare a Remedial
Action Plan. The Remedial Action Plan shall describe the
selected remedy and evaluate its ability and effectiveness to
achieve the remediation objectives approved for the site. At a
minimum, the reports shall include the following, as
applicable:
        (1) Executive summary;
        (2) Statement of remediation objectives;
        (3) Remedial technologies selected;
        (4) Confirmation sampling plan;
        (5) Current and projected future use of the property;
    and
        (6) Applicable preventive, engineering, and
    institutional controls including long-term reliability,
    operating, and maintenance plans, and monitoring
    procedures.
    (e) Remedial Action Completion Report.
        (1) Upon completion of the Remedial Action Plan, the
    RA shall prepare a Remedial Action Completion Report. The
    report shall demonstrate whether the remedial action was
    completed in accordance with the approved Remedial Action
    Plan and whether the remediation objectives, as well as
    any other requirements of the plan, have been attained.
        (2) If the approved remediation objectives for the
    regulated substances of concern established under Section
    58.5 are equal to or above the levels existing at the site
    prior to any remedial action, notification and
    documentation of such shall constitute the entire Remedial
    Action Completion Report for purposes of this Title.
    (f) Ability to proceed. The RA may elect to prepare and
submit for review and approval any and all reports or plans
required under the provisions of this Section individually,
following completion of each such activity; concurrently,
following completion of all activities; or in any other
combination. In any event, the review and approval process
shall proceed in accordance with Section 58.7 and rules
adopted thereunder.
    (g) Nothing in this Section shall prevent an RA from
implementing or conducting an interim or any other remedial
measure prior to election to proceed under Section 58.6.
    (h) In accordance with Section 58.11, the Agency shall
propose and the Board shall adopt rules to carry out the
purposes of this Section.
(Source: P.A. 92-735, eff. 7-25-02; revised 9-20-23.)
 
    (415 ILCS 5/58.7)
    Sec. 58.7. Review and approvals.
    (a) Requirements. All plans and reports that are submitted
pursuant to this Title shall be submitted for review or
approval in accordance with this Section.
    (b) Review and evaluation by the Agency.
        (1) Except for sites excluded under subdivision (a)(2)
    of Section 58.1, the Agency shall, subject to available
    resources, agree to provide review and evaluation services
    for activities carried out pursuant to this Title for
    which the RA requested the services in writing. As a
    condition for providing such services, the Agency may
    require that the RA for a site:
            (A) Conform with the procedures of this Title;
            (B) Allow for or otherwise arrange site visits or
        other site evaluation by the Agency when so requested;
            (C) Agree to perform the Remedial Action Plan as
        approved under this Title;
            (D) Agree to pay any reasonable costs incurred and
        documented by the Agency in providing such services;
            (E) Make an advance partial payment to the Agency
        for such anticipated services in the amount of $2,500;
        and
            (F) Demonstrate, if necessary, authority to act on
        behalf of or in lieu of the owner or operator.
        (2) Any moneys received by the State for costs
    incurred by the Agency in performing review or evaluation
    services for actions conducted pursuant to this Title
    shall be deposited in the Hazardous Waste Fund.
        (3) An RA requesting services under subdivision (b)
    (1) of this Section may, at any time, notify the Agency, in
    writing, that Agency services previously requested are no
    longer wanted. Within 180 days after receipt of the
    notice, the Agency shall provide the RA with a final
    invoice for services provided until the date of such
    notifications.
        (4) The Agency may invoice or otherwise request or
    demand payment from an a RA for costs incurred by the
    Agency in performing review or evaluation services for
    actions by the RA at sites only if:
            (A) The Agency has incurred costs in performing
        response actions, other than review or evaluation
        services, due to the failure of the RA to take response
        action in accordance with a notice issued pursuant to
        this Act;
            (B) The RA has agreed in writing to the payment of
        such costs;
            (C) The RA has been ordered to pay such costs by
        the Board or a court of competent jurisdiction
        pursuant to this Act; or
            (D) The RA has requested or has consented to
        Agency review or evaluation services under subdivision
        (b)(1) of this Section.
        (5) The Agency may, subject to available resources,
    agree to provide review and evaluation services for
    response actions if there is a written agreement among
    parties to a legal action or if a notice to perform a
    response action has been issued by the Agency.
    (c) Review and evaluation by a RELPEG. An A RA may elect to
contract with a Licensed Professional Engineer or, in the case
of a site investigation report only, a Licensed Professional
Geologist, who will perform review and evaluation services on
behalf of and under the direction of the Agency relative to the
site activities.
        (1) Prior to entering into the contract with the
    RELPEG, the RA shall notify the Agency of the RELPEG to be
    selected. The Agency and the RA shall discuss the
    potential terms of the contract.
        (2) At a minimum, the contract with the RELPEG shall
    provide that the RELPEG will submit any reports directly
    to the Agency, will take his or her directions for work
    assignments from the Agency, and will perform the assigned
    work on behalf of the Agency.
        (3) Reasonable costs incurred by the Agency shall be
    paid by the RA directly to the Agency in accordance with
    the terms of the review and evaluation services agreement
    entered into under subdivision (b)(1) of Section 58.7.
        (4) In no event shall the RELPEG acting on behalf of
    the Agency be an employee of the RA or the owner or
    operator of the site or be an employee of any other person
    the RA has contracted to provide services relative to the
    site.
    (d) Review and approval. All reviews required under this
Title shall be carried out by the Agency or a RELPEG contracted
by the RA pursuant to subsection (c).
        (1) All review activities conducted by the Agency or a
    RELPEG shall be carried out in conformance with this Title
    and rules promulgated under Section 58.11.
        (2) Subject to the limitations in subsection (c) and
    this subsection (d), the specific plans, reports, and
    activities that the Agency or a RELPEG may review include:
            (A) Site Investigation Reports and related
        activities;
            (B) Remediation Objectives Reports;
            (C) Remedial Action Plans and related activities;
        and
            (D) Remedial Action Completion Reports and related
        activities.
        (3) Only the Agency shall have the authority to
    approve, disapprove, or approve with conditions a plan or
    report as a result of the review process including those
    plans and reports reviewed by a RELPEG. If the Agency
    disapproves a plan or report or approves a plan or report
    with conditions, the written notification required by
    subdivision (d)(4) of this Section shall contain the
    following information, as applicable:
            (A) An explanation of the Sections of this Title
        that may be violated if the plan or report was
        approved;
            (B) An explanation of the provisions of the rules
        promulgated under this Title that may be violated if
        the plan or report was approved;
            (C) An explanation of the specific type of
        information, if any, that the Agency deems the
        applicant did not provide the Agency;
            (D) A statement of specific reasons why the Title
        and regulations might not be met if the plan or report
        were approved; and
            (E) An explanation of the reasons for conditions
        if conditions are required.
        (4) Upon approving, disapproving, or approving with
    conditions a plan or report, the Agency shall notify the
    RA in writing of its decision. In the case of approval or
    approval with conditions of a Remedial Action Completion
    Report, the Agency shall prepare a No Further Remediation
    Letter that meets the requirements of Section 58.10 and
    send a copy of the letter to the RA.
        (5) All reviews undertaken by the Agency or a RELPEG
    shall be completed and the decisions communicated to the
    RA within 60 days of the request for review or approval of
    a single plan or report and within 90 days after the
    request for review or approval of 2 or more plans or
    reports submitted concurrently. The RA may waive the
    deadline upon a request from the Agency. If the Agency
    disapproves or approves with conditions a plan or report
    or fails to issue a final decision within the applicable
    60-day or 90-day period and the RA has not agreed to a
    waiver of the deadline, the RA may, within 35 days, file an
    appeal to the Board. Appeals to the Board shall be in the
    manner provided for the review of permit decisions in
    Section 40 of this Act.
    (e) Standard of review. In making determinations, the
following factors, and additional factors as may be adopted by
the Board in accordance with Section 58.11, shall be
considered by the Agency when reviewing or approving plans,
reports, and related activities, or the RELPEG, when reviewing
plans, reports, and related activities:
        (1) Site Investigation Reports and related activities:
    Whether investigations have been conducted and the results
    compiled in accordance with the appropriate procedures and
    whether the interpretations and conclusions reached are
    supported by the information gathered. In making the
    determination, the following factors shall be considered:
            (A) The adequacy of the description of the site
        and site characteristics that were used to evaluate
        the site;
            (B) The adequacy of the investigation of potential
        pathways and risks to receptors identified at the
        site; and
            (C) The appropriateness of the sampling and
        analysis used.
        (2) Remediation Objectives Reports: Whether the
    remediation objectives are consistent with the
    requirements of the applicable method for selecting or
    determining remediation objectives under Section 58.5. In
    making the determination, the following factors shall be
    considered:
            (A) If the objectives were based on the
        determination of area background levels under
        subsection (b) of Section 58.5, whether the review of
        current and historic conditions at or in the immediate
        vicinity of the site has been thorough and whether the
        site sampling and analysis has been performed in a
        manner resulting in accurate determinations;
            (B) If the objectives were calculated on the basis
        of predetermined equations using site specific data,
        whether the calculations were accurately performed and
        whether the site specific data reflect actual site
        conditions; and
            (C) If the objectives were determined using a site
        specific risk assessment procedure, whether the
        procedure used is nationally recognized and accepted,
        whether the calculations were accurately performed,
        and whether the site specific data reflect actual site
        conditions.
        (3) Remedial Action Plans and related activities:
    Whether the plan will result in compliance with this
    Title, and rules adopted under it and attainment of the
    applicable remediation objectives. In making the
    determination, the following factors shall be considered:
            (A) The likelihood that the plan will result in
        the attainment of the applicable remediation
        objectives;
            (B) Whether the activities proposed are consistent
        with generally accepted engineering practices; and
            (C) The management of risk relative to any
        remaining contamination, including, but not limited
        to, provisions for the long-term enforcement,
        operation, and maintenance of institutional and
        engineering controls, if relied on.
        (4) Remedial Action Completion Reports and related
    activities: Whether the remedial activities have been
    completed in accordance with the approved Remedial Action
    Plan and whether the applicable remediation objectives
    have been attained.
    (f) All plans and reports submitted for review shall
include a Licensed Professional Engineer's certification that
all investigations and remedial activities were carried out
under his or her direction and, to the best of his or her
knowledge and belief, the work described in the plan or report
has been completed in accordance with generally accepted
engineering practices, and the information presented is
accurate and complete. In the case of a site investigation
report prepared or supervised by a Licensed Professional
Geologist, the required certification may be made by the
Licensed Professional Geologist (rather than a Licensed
Professional Engineer) and based upon generally accepted
principles of professional geology.
    (g) In accordance with Section 58.11, the Agency shall
propose and the Board shall adopt rules to carry out the
purposes of this Section. At a minimum, the rules shall detail
the types of services the Agency may provide in response to
requests under subdivision (b)(1) of this Section and the
recordkeeping it will utilize in documenting to the RA the
costs incurred by the Agency in providing such services.
    (h) Public participation.
        (1) The Agency shall develop guidance to assist RAs
    RA's in the implementation of a community relations plan
    to address activity at sites undergoing remedial action
    pursuant to this Title.
        (2) The RA may elect to enter into a services
    agreement with the Agency for Agency assistance in
    community outreach efforts.
        (3) The Agency shall maintain a registry listing those
    sites undergoing remedial action pursuant to this Title.
        (4) Notwithstanding any provisions of this Section,
    the RA of a site undergoing remedial activity pursuant to
    this Title may elect to initiate a community outreach
    effort for the site.
    (i) Notwithstanding any other provision of this Title, the
Agency is not required to take action on any submission under
this Title from or on behalf of an RA if the RA has failed to
pay all fees due pursuant to an invoice or other request or
demand for payment under this Title. Any deadline for Agency
action on such a submission shall be tolled until the fees due
are paid in full.
(Source: P.A. 103-172, eff. 1-1-24; revised 1-2-24.)
 
    Section 505. The Illinois Pesticide Act is amended by
changing Section 24.1 as follows:
 
    (415 ILCS 60/24.1)  (from Ch. 5, par. 824.1)
    Sec. 24.1. Administrative actions and penalties.
    (1) The Director is authorized after an opportunity for an
administrative hearing to suspend, revoke, or modify any
license, permit, special order, registration, or certification
issued under this Act. This action may be taken in addition to
or in lieu of monetary penalties assessed as set forth in this
Section. When it is in the interest of the people of the State
of Illinois, the Director may, upon good and sufficient
evidence, suspend the registration, license, or permit until a
hearing has been held. In such cases, the Director shall issue
an order in writing setting forth the reasons for the
suspension. Such order shall be served personally on the
person or by registered or certified mail sent to the person's
business address as shown in the latest notification to the
Department. When such an order has been issued by the
Director, the person may request an immediate hearing.
    (2) Before initiating hearing proceedings, the Director
may issue an advisory letter to a violator of this Act or its
rules and regulations when the violation points total 6 or
less, as determined by the Department by the Use and Violation
Criteria established in this Section. When the Department
determines that the violation points total more than 6 but not
more than 13, the Director shall issue a warning letter to the
violator.
    (3) The hearing officer upon determination of a violation
or violations shall assess one or more of the following
penalties:
        (A) For any person applying pesticides without a
    license or misrepresenting certification or failing to
    comply with conditions of an agrichemical facility permit
    or failing to comply with the conditions of a written
    authorization for land application of agrichemical
    contaminated soils or groundwater, a penalty of $500 shall
    be assessed for the first offense and $1,000 for the
    second and subsequent offenses.
        (B) For violations of a stop use order imposed by the
    Director, the penalty shall be $2500.
        (C) For violations of a stop sale order imposed by the
    Director, the penalty shall be $1500 for each individual
    item of the product found in violation of the order.
        (D) For selling restricted use pesticides to a
    non-certified applicator the penalty shall be $1000.
        (E) For selling restricted use pesticides without a
    dealer's license the penalty shall be $1,000.
        (F) For constructing or operating without an
    agrichemical facility permit after receiving written
    notification, the penalty shall be $500 for the first
    offense and $1,000 for the second and subsequent offenses.
        (F-5) For any person found by the Department to have
    committed a use inconsistent with the label, as defined in
    subsection 40 of Section 4, that results in human exposure
    to a pesticide, the penalty shall be assessed in
    accordance with this paragraph (F-5). The Department shall
    impose a penalty under this paragraph (F-5) only if it
    represents an amount greater than the penalty assessed
    under paragraph subparagraph (G). The amount of the
    penalty under this paragraph (F-5) is calculated as
    follows:
            (a) If fewer than 3 humans are exposed, then the
        penalty shall be $500 for each human exposed.
            (b) If 3 or more humans but fewer than 5 humans are
        exposed, then the penalty shall be $750 for each human
        exposed.
            (c) If 5 or more humans are exposed, then the
        penalty shall be $1,250 for each human exposed.
        If a penalty is imposed under this paragraph (F-5),
    the Department shall redetermine the total violation
    points under subsection (4), less any points under
    subsection (4) stemming from human exposure, and impose
    any additional penalty under paragraph subparagraph (G)
    based on the new total. The reassessed total shall not
    affect any determination under subsection (2); any
    determination under subsection (2) shall be determined by
    the full application of points under subsection (4).
        (G) For violations of the Act and rules and
    regulations, administrative penalties will be based upon
    the total violation points as determined by the Use and
    Violation Criteria as set forth in subsection paragraph
    (4) of this Section. The monetary penalties shall be as
    follows:
Total Violation PointsMonetary Penalties
14-16$750
17-19 $1000
20-21 $2500
22-25 $5000
26-29 $7500
30 and above$10,000
    (4) Subject to paragraph (F-5), the following Use and
Violation Criteria establishes the point value which shall be
compiled to determine the total violation points and
administrative actions or monetary penalties to be imposed as
set forth in paragraph (3)(G) of this Section:
        (A) Point values shall be assessed upon the harm or
    loss incurred.
            (1) A point value of 1 shall be assessed for the
        following:
                (a) Exposure to a pesticide by plants, animals
            or humans with no symptoms or damage noted.
                (b) Fraudulent sales practices or
            representations with no apparent monetary losses
            involved.
            (2) A point value of 2 shall be assessed for
        exposure the following: (a) Exposure to a pesticide
        which resulted in:
                (a) (1) Plants or property showing signs of
            damage, including, but not limited to, leaf curl,
            burning, wilting, spotting, discoloration, or
            dying.
                (b) (2) Garden produce or an agricultural crop
            not being harvested on schedule.
                (c) (3) Fraudulent sales practices or
            representations resulting in losses under $500.
            (3) A point value of 4 shall be assessed for the
        following:
                (a) Exposure to a pesticide resulting in a
            human experiencing headaches, nausea, eye
            irritation, and such other symptoms which
            persisted less than 3 days.
                (b) Plant or property damage resulting in a
            loss below $1000.
                (c) Animals exhibiting symptoms of pesticide
            poisoning, including, but not limited to, eye or
            skin irritations or lack of coordination.
                (d) Death to less than 5 animals.
                (e) Fraudulent sales practices or
            representations resulting in losses from $500 to
            $2000.
            (4) A point value of 6 shall be assessed for the
        following:
                (a) Exposure to a pesticide resulting in a
            human experiencing headaches, nausea, eye
            irritation, and such other symptoms which
            persisted 3 or more days.
                (b) Plant or property damage resulting in a
            loss of $1000 or more.
                (c) Death to 5 or more animals.
                (d) Fraudulent sales practices or
            representations resulting in losses over $2000.
        (B) Point values shall be assessed based upon the
    signal word on the label of the chemical involved:
   
Point ValueSignal Word
 1  Caution
 2  Warning
 4  Danger/Poison
        (C) Point values shall be assessed based upon the
    degree of responsibility.
Point ValueDegree of Responsibility
2Accidental (such as equipment
malfunction)
4Negligence
10Knowingly
        (D) Point values shall be assessed based upon the
    violator's history for the previous 3 years:
Point ValueRecord
2Advisory letter
3Warning letter
5
Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
7Certification, license, or
registration currently
suspended or revoked
        (E) Point values shall be assessed based upon the
    violation type:
            (1) Application Oriented:
Point ValueViolation
1Inadequate records
2Lack of supervision
2Faulty equipment
            Use contrary to label directions:
2a. resulting in exposure to
applicator or operator
3b. resulting in exposure to
other persons or the
environment
3c. precautionary statements,
sites, rates, restricted use
requirements
3Water contamination
3Storage or disposal contrary
to label directions
3Pesticide drift
4Direct application to a
non-target site
6Falsification of records
6
Failure to secure a permit or violation of permit or special
order
            (2) Product Oriented:
Point ValueViolation
6Pesticide not registered
4Product label claims differ
from approved label
4Product composition (active ingredients differs from
that of approved label)
4Product not colored as required
4Misbranding as set forth in
Section 5 of the Act (4
points will be assessed for
each count)
        (5) Any penalty not paid within 60 days of notice from
    the Department shall be submitted to the Attorney
    General's Office for collection. Failure to pay a penalty
    shall also be grounds for suspension or revocation of
    permits, licenses and registrations.
        (6) Private applicators, except those private
    applicators who have been found by the Department to have
    committed a "use inconsistent with the label" as defined
    in subsection 40 of Section 4 of this Act, are exempt from
    the Use and Violation Criteria point values.
(Source: P.A. 102-558, eff. 8-20-21; 103-62, eff. 6-9-23;
revised 9-20-23.)
 
    Section 510. The Electric Vehicle Rebate Act is amended by
changing Section 40 as follows:
 
    (415 ILCS 120/40)
    Sec. 40. Appropriations from the Electric Vehicle Rebate
Fund.
    (a) The Agency shall estimate the amount of user fees
expected to be collected under Section 35 of this Act for each
fiscal year. User fee funds shall be deposited into and
distributed from the Electric Vehicle Rebate Fund in the
following manner:
        (1) Through fiscal year 2023, an An annual amount not
    to exceed $225,000 may be appropriated to the Agency from
    the Electric Vehicle Rebate Fund to pay its costs of
    administering the programs authorized by Section 27 of
    this Act. Beginning in fiscal year 2024 and in each fiscal
    year thereafter, an annual amount not to exceed $600,000
    may be appropriated to the Agency from the Electric
    Vehicle Rebate Fund to pay its costs of administering the
    programs authorized by Section 27 of this Act. An amount
    not to exceed $225,000 may be appropriated to the
    Secretary of State from the Electric Vehicle Rebate Fund
    to pay the Secretary of State's costs of administering the
    programs authorized under this Act.
        (2) In fiscal year 2022 and each fiscal year
    thereafter, after appropriation of the amounts authorized
    by item (1) of subsection (a) of this Section, the
    remaining moneys estimated to be collected during each
    fiscal year shall be appropriated.
        (3) (Blank).
        (4) Moneys appropriated to fund the programs
    authorized in Sections 25 and 30 shall be expended only
    after they have been collected and deposited into the
    Electric Vehicle Rebate Fund.
    (b) General Revenue Fund amounts appropriated to and
deposited into the Electric Vehicle Rebate Fund shall be
distributed from the Electric Vehicle Rebate Fund to fund the
program authorized in Section 27.
(Source: P.A. 102-662, eff. 9-15-21; 103-8, eff. 6-7-23;
103-363, eff. 7-28-23; revised 9-6-23.)
 
    Section 515. The Radiation Protection Act of 1990 is
amended by changing Section 6 as follows:
 
    (420 ILCS 40/6)  (from Ch. 111 1/2, par. 210-6)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 6. Accreditation of administrators of radiation;
limited scope accreditation; rules and regulations; education.
    (a) The Agency shall promulgate such rules and regulations
as are necessary to establish accreditation standards and
procedures, including a minimum course of education and
continuing education requirements in the administration of
radiation to human beings, which are appropriate to the
classification of accreditation and which are to be met by all
physician assistants, advanced practice registered nurses,
nurses, technicians, or other assistants who administer
radiation to human beings under the supervision of a person
licensed under the Medical Practice Act of 1987. Such rules
and regulations may provide for different classes of
accreditation based on evidence of national certification,
clinical experience or community hardship as conditions of
initial and continuing accreditation. The rules and
regulations of the Agency shall be consistent with national
standards in regard to the protection of the health and safety
of the general public.
    (b) The rules and regulations shall also provide that
persons who have been accredited by the Agency, in accordance
with the Radiation Protection Act of 1990, without passing an
examination, will remain accredited as provided in Section 43
of this Act and that those persons may be accredited, without
passing an examination, to use other equipment, procedures, or
supervision within the original category of accreditation if
the Agency receives written assurances from a person licensed
under the Medical Practice Act of 1987, that the person
accredited has the necessary skill and qualifications for such
additional equipment procedures or supervision. The Agency
shall, in accordance with subsection (c) of this Section,
provide for the accreditation of nurses, technicians, or other
assistants, unless exempted elsewhere in this Act, to perform
a limited scope of diagnostic radiography procedures of the
chest, the extremities, skull and sinuses, or the spine, while
under the supervision of a person licensed under the Medical
Practice Act of 1987.
    (c) The rules or regulations promulgated by the Agency
pursuant to subsection (a) shall establish standards and
procedures for accrediting persons to perform a limited scope
of diagnostic radiography procedures. The rules or regulations
shall specify that an individual seeking accreditation for
limited diagnostic radiography shall not apply ionizing
radiation to human beings until the individual has passed an
Agency-approved examination and is accredited by the Agency.
    For an individual to be accredited to perform a limited
scope of diagnostic radiography procedures, he or she must
pass an examination approved by the Agency. The examination
shall be consistent with national standards in regard to
protection of public health and safety. The examination shall
consist of a standardized component covering general
principles applicable to diagnostic radiography procedures and
a clinical component specific to the types of procedures for
which accreditation is being sought. The Agency may assess a
reasonable fee for such examinations to cover any costs
incurred by the Agency in conjunction with the examinations.
    (d) The Agency shall by rule or regulation exempt from
accreditation physician assistants, advanced practice
registered nurses, nurses, technicians, or other assistants
who administer radiation to human beings under supervision of
a person licensed to practice under the Medical Practice Act
of 1987 when the services are performed on employees of a
business at a medical facility owned and operated by the
business. Such exemption shall only apply to the equipment,
procedures, and supervision specific to the medical facility
owned and operated by the business.
(Source: P.A. 103-155, eff. 1-1-24; revised 1-2-24.)
 
    Section 520. The Firearm Owners Identification Card Act is
amended by changing Section 10 as follows:
 
    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
    Sec. 10. Appeals; hearing; relief from firearm
prohibitions.
    (a) Whenever an application for a Firearm Owner's
Identification Card is denied or whenever such a Card is
revoked or seized as provided for in Section 8 of this Act, the
aggrieved party may (1) file a record challenge with the
Director regarding the record upon which the decision to deny
or revoke the Firearm Owner's Identification Card was based
under subsection (a-5); or (2) appeal to the Director of the
Illinois State Police through December 31, 2022, or beginning
January 1, 2023, the Firearm Owner's Identification Card
Review Board for a hearing seeking relief from such denial or
revocation unless the denial or revocation was based upon a
forcible felony, stalking, aggravated stalking, domestic
battery, any violation of the Illinois Controlled Substances
Act, the Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act that is classified as a Class 2 or
greater felony, any felony violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, or any
adjudication as a delinquent minor for the commission of an
offense that if committed by an adult would be a felony, in
which case the aggrieved party may petition the circuit court
in writing in the county of his or her residence for a hearing
seeking relief from such denial or revocation.
    (a-5) There is created a Firearm Owner's Identification
Card Review Board to consider any appeal under subsection (a)
beginning January 1, 2023, other than an appeal directed to
the circuit court and except when the applicant is challenging
the record upon which the decision to deny or revoke was based
as provided in subsection (a-10).
        (0.05) In furtherance of the policy of this Act that
    the Board shall exercise its powers and duties in an
    independent manner, subject to the provisions of this Act
    but free from the direction, control, or influence of any
    other agency or department of State government. All
    expenses and liabilities incurred by the Board in the
    performance of its responsibilities hereunder shall be
    paid from funds which shall be appropriated to the Board
    by the General Assembly for the ordinary and contingent
    expenses of the Board.
        (1) The Board shall consist of 7 members appointed by
    the Governor, with the advice and consent of the Senate,
    with 3 members residing within the First Judicial District
    and one member residing within each of the 4 remaining
    Judicial Districts. No more than 4 members shall be
    members of the same political party. The Governor shall
    designate one member as the chairperson. The members shall
    have actual experience in law, education, social work,
    behavioral sciences, law enforcement, or community affairs
    or in a combination of those areas.
        (2) The terms of the members initially appointed after
    January 1, 2022 (the effective date of Public Act 102-237)
    shall be as follows: one of the initial members shall be
    appointed for a term of one year, 3 shall be appointed for
    terms of 2 years, and 3 shall be appointed for terms of 4
    years. Thereafter, members shall hold office for 4 years,
    with terms expiring on the second Monday in January
    immediately following the expiration of their terms and
    every 4 years thereafter. Members may be reappointed.
    Vacancies in the office of member shall be filled in the
    same manner as the original appointment, for the remainder
    of the unexpired term. The Governor may remove a member
    for incompetence, neglect of duty, malfeasance, or
    inability to serve. Members shall receive compensation in
    an amount equal to the compensation of members of the
    Executive Ethics Commission and, beginning July 1, 2023,
    shall be compensated from appropriations provided to the
    Comptroller for this purpose. Members may be reimbursed,
    from funds appropriated for such a purpose, for reasonable
    expenses actually incurred in the performance of their
    Board duties. The Illinois State Police shall designate an
    employee to serve as Executive Director of the Board and
    provide logistical and administrative assistance to the
    Board.
        (3) The Board shall meet at least quarterly each year
    and at the call of the chairperson as often as necessary to
    consider appeals of decisions made with respect to
    applications for a Firearm Owner's Identification Card
    under this Act. If necessary to ensure the participation
    of a member, the Board shall allow a member to participate
    in a Board meeting by electronic communication. Any member
    participating electronically shall be deemed present for
    purposes of establishing a quorum and voting.
        (4) The Board shall adopt rules for the review of
    appeals and the conduct of hearings. The Board shall
    maintain a record of its decisions and all materials
    considered in making its decisions. All Board decisions
    and voting records shall be kept confidential and all
    materials considered by the Board shall be exempt from
    inspection except upon order of a court.
        (5) In considering an appeal, the Board shall review
    the materials received concerning the denial or revocation
    by the Illinois State Police. By a vote of at least 4
    members, the Board may request additional information from
    the Illinois State Police or the applicant or the
    testimony of the Illinois State Police or the applicant.
    The Board may require that the applicant submit electronic
    fingerprints to the Illinois State Police for an updated
    background check if the Board determines it lacks
    sufficient information to determine eligibility. The Board
    may consider information submitted by the Illinois State
    Police, a law enforcement agency, or the applicant. The
    Board shall review each denial or revocation and determine
    by a majority of members whether an applicant should be
    granted relief under subsection (c).
        (6) The Board shall by order issue summary decisions.
    The Board shall issue a decision within 45 days of
    receiving all completed appeal documents from the Illinois
    State Police and the applicant. However, the Board need
    not issue a decision within 45 days if:
            (A) the Board requests information from the
        applicant, including, but not limited to, electronic
        fingerprints to be submitted to the Illinois State
        Police, in accordance with paragraph (5) of this
        subsection, in which case the Board shall make a
        decision within 30 days of receipt of the required
        information from the applicant;
            (B) the applicant agrees, in writing, to allow the
        Board additional time to consider an appeal; or
            (C) the Board notifies the applicant and the
        Illinois State Police that the Board needs an
        additional 30 days to issue a decision. The Board may
        only issue 2 extensions under this subparagraph (C).
        The Board's notification to the applicant and the
        Illinois State Police shall include an explanation for
        the extension.
        (7) If the Board determines that the applicant is
    eligible for relief under subsection (c), the Board shall
    notify the applicant and the Illinois State Police that
    relief has been granted and the Illinois State Police
    shall issue the Card.
        (8) Meetings of the Board shall not be subject to the
    Open Meetings Act and records of the Board shall not be
    subject to the Freedom of Information Act.
        (9) The Board shall report monthly to the Governor and
    the General Assembly on the number of appeals received and
    provide details of the circumstances in which the Board
    has determined to deny Firearm Owner's Identification
    Cards under this subsection (a-5). The report shall not
    contain any identifying information about the applicants.
    (a-10) Whenever an applicant or cardholder is not seeking
relief from a firearms prohibition under subsection (c) but
rather does not believe the applicant is appropriately denied
or revoked and is challenging the record upon which the
decision to deny or revoke the Firearm Owner's Identification
Card was based, or whenever the Illinois State Police fails to
act on an application within 30 days of its receipt, the
applicant shall file such challenge with the Director. The
Director shall render a decision within 60 business days of
receipt of all information supporting the challenge. The
Illinois State Police shall adopt rules for the review of a
record challenge.
    (b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's
Attorney with a copy of the petition. The State's Attorney may
object to the petition and present evidence. At the hearing,
the court shall determine whether substantial justice has been
done. Should the court determine that substantial justice has
not been done, the court shall issue an order directing the
Illinois State Police to issue a Card. However, the court
shall not issue the order if the petitioner is otherwise
prohibited from obtaining, possessing, or using a firearm
under federal law.
    (c) Any person prohibited from possessing a firearm under
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
acquiring a Firearm Owner's Identification Card under Section
8 of this Act may apply to the Firearm Owner's Identification
Card Review Board or petition the circuit court in the county
where the petitioner resides, whichever is applicable in
accordance with subsection (a) of this Section, requesting
relief from such prohibition and the Board or court may grant
such relief if it is established by the applicant to the
court's or the Board's satisfaction that:
        (0.05) when in the circuit court, the State's Attorney
    has been served with a written copy of the petition at
    least 30 days before any such hearing in the circuit court
    and at the hearing the State's Attorney was afforded an
    opportunity to present evidence and object to the
    petition;
        (1) the applicant has not been convicted of a forcible
    felony under the laws of this State or any other
    jurisdiction within 20 years of the applicant's
    application for a Firearm Owner's Identification Card, or
    at least 20 years have passed since the end of any period
    of imprisonment imposed in relation to that conviction;
        (2) the circumstances regarding a criminal conviction,
    where applicable, the applicant's criminal history and his
    reputation are such that the applicant will not be likely
    to act in a manner dangerous to public safety;
        (3) granting relief would not be contrary to the
    public interest; and
        (4) granting relief would not be contrary to federal
    law.
    (c-5) (1) An active law enforcement officer employed by a
unit of government or a Department of Corrections employee
authorized to possess firearms who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act may apply to the
Firearm Owner's Identification Card Review Board requesting
relief if the officer or employee did not act in a manner
threatening to the officer or employee, another person, or the
public as determined by the treating clinical psychologist or
physician, and as a result of his or her work is referred by
the employer for or voluntarily seeks mental health evaluation
or treatment by a licensed clinical psychologist,
psychiatrist, or qualified examiner, and:
        (A) the officer or employee has not received treatment
    involuntarily at a mental health facility, regardless of
    the length of admission; or has not been voluntarily
    admitted to a mental health facility for more than 30 days
    and not for more than one incident within the past 5 years;
    and
        (B) the officer or employee has not left the mental
    institution against medical advice.
    (2) The Firearm Owner's Identification Card Review Board
shall grant expedited relief to active law enforcement
officers and employees described in paragraph (1) of this
subsection (c-5) upon a determination by the Board that the
officer's or employee's possession of a firearm does not
present a threat to themselves, others, or public safety. The
Board shall act on the request for relief within 30 business
days of receipt of:
        (A) a notarized statement from the officer or employee
    in the form prescribed by the Board detailing the
    circumstances that led to the hospitalization;
        (B) all documentation regarding the admission,
    evaluation, treatment and discharge from the treating
    licensed clinical psychologist or psychiatrist of the
    officer;
        (C) a psychological fitness for duty evaluation of the
    person completed after the time of discharge; and
        (D) written confirmation in the form prescribed by the
    Board from the treating licensed clinical psychologist or
    psychiatrist that the provisions set forth in paragraph
    (1) of this subsection (c-5) have been met, the person
    successfully completed treatment, and their professional
    opinion regarding the person's ability to possess
    firearms.
    (3) Officers and employees eligible for the expedited
relief in paragraph (2) of this subsection (c-5) have the
burden of proof on eligibility and must provide all
information required. The Board may not consider granting
expedited relief until the proof and information is received.
    (4) "Clinical psychologist", "psychiatrist", and
"qualified examiner" shall have the same meaning as provided
in Chapter I of the Mental Health and Developmental
Disabilities Code.
    (c-10) (1) An applicant, who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act based upon a
determination of a developmental disability or an intellectual
disability may apply to the Firearm Owner's Identification
Card Review Board requesting relief.
    (2) The Board shall act on the request for relief within 60
business days of receipt of written certification, in the form
prescribed by the Board, from a physician or clinical
psychologist, or qualified examiner, that the aggrieved
party's developmental disability or intellectual disability
condition is determined by a physician, clinical psychologist,
or qualified to be mild. If a fact-finding conference is
scheduled to obtain additional information concerning the
circumstances of the denial or revocation, the 60 business
days the Director has to act shall be tolled until the
completion of the fact-finding conference.
    (3) The Board may grant relief if the aggrieved party's
developmental disability or intellectual disability is mild as
determined by a physician, clinical psychologist, or qualified
examiner and it is established by the applicant to the Board's
satisfaction that:
        (A) granting relief would not be contrary to the
    public interest; and
        (B) granting relief would not be contrary to federal
    law.
    (4) The Board may not grant relief if the condition is
determined by a physician, clinical psychologist, or qualified
examiner to be moderate, severe, or profound.
    (5) The changes made to this Section by Public Act 99-29
apply to requests for relief pending on or before July 10, 2015
(the effective date of Public Act 99-29), except that the
60-day period for the Director to act on requests pending
before the effective date shall begin on July 10, 2015 (the
effective date of Public Act 99-29). All appeals as provided
in subsection (a-5) pending on January 1, 2023 shall be
considered by the Board.
    (d) When a minor is adjudicated delinquent for an offense
which if committed by an adult would be a felony, the court
shall notify the Illinois State Police.
    (e) The court shall review the denial of an application or
the revocation of a Firearm Owner's Identification Card of a
person who has been adjudicated delinquent for an offense that
if committed by an adult would be a felony if an application
for relief has been filed at least 10 years after the
adjudication of delinquency and the court determines that the
applicant should be granted relief from disability to obtain a
Firearm Owner's Identification Card. If the court grants
relief, the court shall notify the Illinois State Police that
the disability has been removed and that the applicant is
eligible to obtain a Firearm Owner's Identification Card.
    (f) Any person who is subject to the disabilities of 18
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
of 1968 because of an adjudication or commitment that occurred
under the laws of this State or who was determined to be
subject to the provisions of subsections (e), (f), or (g) of
Section 8 of this Act may apply to the Illinois State Police
requesting relief from that prohibition. The Board shall grant
the relief if it is established by a preponderance of the
evidence that the person will not be likely to act in a manner
dangerous to public safety and that granting relief would not
be contrary to the public interest. In making this
determination, the Board shall receive evidence concerning (i)
the circumstances regarding the firearms disabilities from
which relief is sought; (ii) the petitioner's mental health
and criminal history records, if any; (iii) the petitioner's
reputation, developed at a minimum through character witness
statements, testimony, or other character evidence; and (iv)
changes in the petitioner's condition or circumstances since
the disqualifying events relevant to the relief sought. If
relief is granted under this subsection or by order of a court
under this Section, the Director shall as soon as practicable
but in no case later than 15 business days, update, correct,
modify, or remove the person's record in any database that the
Illinois State Police makes available to the National Instant
Criminal Background Check System and notify the United States
Attorney General that the basis for the record being made
available no longer applies. The Illinois State Police shall
adopt rules for the administration of this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)
 
    Section 525. The Children's Product Safety Act is amended
by changing Section 10 as follows:
 
    (430 ILCS 125/10)
    Sec. 10. Definitions. In this Act:
    (a) "Children's product" means a product, including, but
not limited to, a full-size crib, non-full-size crib, toddler
bed, bed, car seat, chair, high chair, booster chair, hook-on
chair, bath seat, gate or other enclosure for confining a
child, play yard, stationary activity center, carrier,
stroller, walker, swing, or toy or play equipment, that meets
the following criteria:
        (i) the product is designed or intended for the care
    of, or use by, any child under age 12; and
        (ii) the product is designed or intended to come into
    contact with the child while the product is used.
    Notwithstanding any other provision of this Section, a
product is not a "children's product" for purposes of this Act
if:
        (I) it may be used by or for the care of a child under
    age 9, but it is designed or intended for use by the
    general population or segments of the general population
    and not solely or primarily for use by or the care of a
    child; or
        (II) it is a medication, drug, or food or is intended
    to be ingested.
    (b) "Commercial dealer" means any person who deals in
children's products or who otherwise by one's occupation holds
oneself out as having knowledge or skill peculiar to
children's products, or any person who is in the business of
remanufacturing, retrofitting, selling, leasing, subletting,
or otherwise placing in the stream of commerce children's
products.
    (b-5) "Manufacturer" means any person who makes and places
into the stream of commerce a children's product as defined by
this Act.
    (b-10) "Importer" means any person who brings into this
country and places into the stream of commerce a children's
product.
    (b-15) "Distributor" and "wholesaler" means any person,
other than a manufacturer or retailer, who sells or resells or
otherwise places into the stream of commerce a children's
product.
    (b-20) "Retailer" means any person other than a
manufacturer, distributor, or wholesaler who sells, leases, or
sublets children's products.
    (b-25) "First seller" means any retailer selling a
children's product that has not been used or has not
previously been owned. A first seller does not include an
entity such as a second-hand or resale store.
    (c) "Person" means a natural person, firm, corporation,
limited liability company, or association, or an employee or
agent of a natural person or an entity included in this
definition.
    (d) "Infant" means any person less than 35 inches tall and
less than 3 years of age.
    (e) "Crib" means a bed or containment designed to
accommodate an infant.
    (f) "Full-size crib" means a full-size crib as defined in
Section 1508.3 of Title 16 of the Code of Federal Regulations
regarding the requirements for full-size cribs.
    (g) "Non-full-size crib" means a non-full-size crib as
defined in Section 1509.2 of Title 16 of the Code of Federal
Regulations regarding the requirements for non-full-size
cribs.
    (h) "End consumer" means a person who purchases a
children's product for any purpose other than resale.
(Source: P.A. 103-44, eff. 1-1-24; revised 1-2-24.)
 
    Section 530. The Wildlife Code is amended by changing
Sections 2.36, 2.37, and 3.5 as follows:
 
    (520 ILCS 5/2.36)  (from Ch. 61, par. 2.36)
    Sec. 2.36. It shall be unlawful to buy, sell, or barter, or
offer to buy, sell, or barter, and for a commercial
institution, other than a regularly operated refrigerated
storage establishment, to have in its possession any of the
wild birds, or any part thereof (and their eggs), or wild
mammals or any parts thereof, protected by this Act unless
done as hereinafter provided:
    Game birds or any parts thereof (and their eggs), may be
held, possessed, raised and sold, or otherwise dealt with, as
provided in Section 3.23 of this Act or when legally produced
under similar special permit in another state or country and
legally transported into the State of Illinois; provided that
such imported game birds or any parts thereof, shall be marked
with permanent irremovable tags, or similar devices, to
establish and retain their origin and identity;
    Rabbits may be legally taken and possessed as provided in
Sections 3.23, 3.24, and 3.26 of this Act;
    Deer, or any parts thereof, may be held, possessed, sold
or otherwise dealt with as provided in this Section and
Sections 3.23 and 3.24 of this Act;
    If a properly tagged deer is processed at a licensed meat
processing facility, the meat processor at the facility is an
active member of the Illinois Sportsmen Against Hunger
program, and the owner of the deer (i) fails to claim the
processed deer within a reasonable time or (ii) notifies the
licensed meat processing facility that the owner no longer
wants the processed deer, then the deer meat may be given away
by the licensed meat processor to another person or donated to
any other charitable organization or community food bank that
receives wild game meat. The licensed meat processing facility
may charge the person receiving the deer meat a reasonable and
customary processing fee;
    Meat processors who are active members of the Illinois
Sportsmen Against Hunger program shall keep written records of
all deer received. Records shall include the following
information:
        (1) the date the deer was received;
        (2) the name, address, and telephone number of the
    person from whom the deer was received;
        (3) whether the deer was received as a whole carcass
    or as deboned meat; if the deer was brought to the meat
    processor as deboned meat, the processor shall include the
    weight of the meat;
        (4) the number and state of issuance of the permit of
    the person from whom the deer was received; in the absence
    of a permit number, the meat processor may rely on the
    written certification of the person from whom the deer was
    received that the deer was legally taken or obtained; and
        (5) if the person who originally delivered the deer to
    the meat processor fails to collect or make arrangements
    for the packaged deer meat to be collected and the meat
    processor gives all or part of the unclaimed deer meat to
    another person, the meat processor shall maintain a record
    of the exchange; the meat processor's records shall
    include the customer's name, physical address, telephone
    number, as well as the quantity and type of deer meat given
    to the customer. The meat processor shall also include the
    amount of compensation received for the deer meat in his
    or her records.
    Meat processor records for unclaimed deer meat shall be
open for inspection by any peace officer at any reasonable
hour. Meat processors shall maintain records for a period of 2
years after the date of receipt of the wild game or for as long
as the specimen or meat remains in the meat processors
possession, whichever is longer;
    No meat processor shall have in his or her possession any
deer that is not listed in his or her written records and
properly tagged or labeled;
    All licensed meat processors who ship any deer or parts of
deer that have been held, possessed, or otherwise dealt with
shall tag or label the shipment, and the tag or label shall
state the name of the meat processor;
    Nothing in this Section removes meat processors from
responsibility for the observance of any State or federal
laws, rules, or regulations that may apply to the meat
processing business;
    Fur-bearing mammals, or any parts thereof, may be held,
possessed, sold or otherwise dealt with as provided in
Sections 3.16, 3.24, and 3.26 of this Act or when legally taken
and possessed in Illinois or legally taken and possessed in
and transported from other states or countries;
    It is unlawful for any person to act as a nuisance wildlife
control operator for fee or compensation without a permit as
provided in subsection subsection (b) of Section 2.37 of this
Act unless such trapping is in compliance with Section 2.30.
    The inedible parts of game mammals may be held, possessed,
sold, or otherwise dealt with when legally taken, in Illinois
or legally taken and possessed in and transported from other
states or countries.
    Failure to establish proof of the legality of possession
in another state or country and importation into the State of
Illinois, shall be prima facie evidence that such game birds
or any parts thereof, and their eggs, game mammals and
fur-bearing mammals, or any parts thereof, were taken within
the State of Illinois.
(Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.)
 
    (520 ILCS 5/2.37)  (from Ch. 61, par. 2.37)
    Sec. 2.37. Authority to kill wildlife responsible for
damage.
    (a) Subject to federal regulations and Section 3 of the
Illinois Endangered Species Protection Act, the Department may
authorize owners and tenants of lands or their agents, who are
performing the service without fee or compensation, to remove
or destroy any wild bird or wild mammal when the wild bird or
wild mammal is known to be destroying property or causing a
risk to human health or safety upon his or her land.
    Upon receipt by the Department of information from the
owner, tenant, or sharecropper that any one or more species of
wildlife is damaging dams, levees, ditches, cattle pastures,
or other property on the land on which he resides or controls,
together with a statement regarding location of the property
damages, the nature and extent of the damage, and the
particular species of wildlife committing the damage, the
Department shall make an investigation.
    If, after investigation, the Department finds that damage
does exist and can be abated only by removing or destroying
that wildlife, a permit shall be issued by the Department to
remove or destroy the species responsible for causing the
damage.
    A permit to control the damage shall be for a period of up
to 90 days, shall specify the means and methods by which and
the person or persons by whom the wildlife may be removed or
destroyed, without fee or compensation, and shall set forth
the disposition procedure to be made of all wildlife taken and
other restrictions the Director considers necessary and
appropriate in the circumstances of the particular case.
Whenever possible, the specimens destroyed shall be given to a
bona fide bona-fide public or State scientific, educational,
or zoological institution.
    The permittee shall advise the Department in writing,
within 10 days after the expiration date of the permit, of the
number of individual species of wildlife taken, disposition
made of them, and any other information which the Department
may consider necessary.
    (b) Subject to federal regulations and Section 3 of the
Illinois Endangered Species Protection Act, the Department may
grant the authority to control species protected by this Code
pursuant to the issuance of a Nuisance Wildlife Control Permit
to:
        (1) any person who is providing such service for a fee
    or compensation;
        (2) a governmental body; or
        (3) a nonprofit or other charitable organization.
    The Department shall set forth applicable regulations in
an Administrative Order and may require periodic reports
listing species taken, numbers of each species taken, dates
when taken, and other pertinent information.
    Any person operating under a Nuisance Wildlife Control
Permit who subcontracts the operation of nuisance wildlife
control to another shall ensure that such subcontractor
possesses a valid Nuisance Wildlife Control Permit issued by
the Department. The person must maintain a record of the
subcontractor including the subcontractor's name, address, and
phone number, and type of work to be performed, for a period of
not less than 2 years from the date the subcontractor is no
longer performing services on behalf of the person. The
records shall be presented to an authorized employee of the
Department or law enforcement officer upon request for
inspection.
    Any person operating without the required permit as
outlined under this subsection (b) or in violation of this
subsection (b) is deemed to be taking, attempting to take,
disturbing, or harassing wildlife contrary to the provisions
of this Code, including the taking or attempting to take such
species for commercial purposes as outlined in Sections 2.36
and 2.36a of this Code. Any devices and equipment, including
vehicles, used in violation of this subsection (b) may be
subject to the provisions of Section 1.25 of this Code.
    (c) Except when operating under subsection (b) of this
Section, drainage districts district fur trapping unless
otherwise instructed by the Department district This authority
only extends to control of beavers. Any other protected
species must be controlled pursuant to subsection (b) or (c).
    (c) The location of traps or snares authorized under this
Section, either by the Department or any other governmental
body with the authority to control species protected by this
Code, shall be exempt from the provisions of the Freedom of
Information Act.
    (d) A drainage district or road district or the designee
of a drainage district or road district shall be exempt from
the requirement to obtain a permit to control nuisance
muskrats or beavers if all applicable provisions for licenses
are complied with and any trap types and sizes used are in
compliance with this Code Act, including marking or
identification. The designee of a drainage district or road
district must have a signed and dated written authorization
from the drainage district or road district in possession at
all times when conducting activities under this Section. This
exemption from obtaining a permit shall be valid only upon
property owned, leased, or controlled by the drainage district
or road district. For the purposes of this Section, "road
district" includes a township road district.
(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
103-225, eff. 6-30-23; revised 8-28-23.)
 
    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
    Sec. 3.5. Penalties; probation.
    (a) Any person who violates any of the provisions of
Section 2.36a, including administrative rules, shall be guilty
of a Class 3 felony, except as otherwise provided in
subsection (b) of this Section and subsection (a) of Section
2.36a.
    (b) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for,
any offense under Section 1.22, 2.36, or 2.36a, operating
without a permit as prescribed in subsection (b) of Section
2.37, or an offense under subsection (i) or (cc) of Section
2.33, the court may, without entering a judgment and with the
person's consent, sentence the person to probation for a
violation of Section 2.36a.
        (1) When a person is placed on probation, the court
    shall enter an order specifying a period of probation of
    24 months and shall defer further proceedings in the case
    until the conclusion of the period or until the filing of a
    petition alleging violation of a term or condition of
    probation.
        (2) The conditions of probation shall be that the
    person:
            (A) Not violate any criminal statute of any
        jurisdiction.
            (B) Perform no less than 30 hours of community
        service, provided community service is available in
        the jurisdiction and is funded and approved by the
        county board.
        (3) The court may, in addition to other conditions:
            (A) Require that the person make a report to and
        appear in person before or participate with the court
        or courts, person, or social service agency as
        directed by the court in the order of probation.
            (B) Require that the person pay a fine and costs.
            (C) Require that the person refrain from
        possessing a firearm or other dangerous weapon.
            (D) Prohibit the person from associating with any
        person who is actively engaged in any of the
        activities regulated by the permits issued or
        privileges granted by the Department of Natural
        Resources.
        (4) Upon violation of a term or condition of
    probation, the court may enter a judgment on its original
    finding of guilt and proceed as otherwise provided.
        (5) Upon fulfillment of the terms and conditions of
    probation, the court shall discharge the person and
    dismiss the proceedings against the person.
        (6) A disposition of probation is considered to be a
    conviction for the purposes of imposing the conditions of
    probation, for appeal, and for administrative revocation
    and suspension of licenses and privileges; however,
    discharge and dismissal under this Section is not a
    conviction for purposes of disqualification or
    disabilities imposed by law upon conviction of a crime.
        (7) Discharge and dismissal under this Section may
    occur only once with respect to any person.
        (8) If a person is convicted of an offense under this
    Act within 5 years subsequent to a discharge and dismissal
    under this Section, the discharge and dismissal under this
    Section shall be admissible in the sentencing proceeding
    for that conviction as a factor in aggravation.
        (9) The Circuit Clerk shall notify the Illinois State
    Police of all persons convicted of or placed under
    probation for violations of Section 2.36a.
    (c) Any person who violates any of the provisions of
Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
(f)), including administrative rules, shall be guilty of a
Class B misdemeanor.
    A person who violates Section 2.33b by using any computer
software or service to remotely control a weapon that takes
wildlife by remote operation is guilty of a Class B
misdemeanor. A person who violates Section 2.33b by
facilitating a violation of Section 2.33b, including an owner
of land in which remote control hunting occurs, a computer
programmer who designs a program or software to facilitate
remote control hunting, or a person who provides weapons or
equipment to facilitate remote control hunting, is guilty of a
Class A misdemeanor.
    Any person who violates any of the provisions of Sections
1.22, 2.2a, 2.3, 2.4, 2.36, and 2.38, including administrative
rules, shall be guilty of a Class A misdemeanor. Any second or
subsequent violations of Sections 2.4 and 2.36 shall be a
Class 4 felony.
    Any person who violates any of the provisions of this Act,
including administrative rules, during such period when his
license, privileges, or permit is revoked or denied by virtue
of Section 3.36, shall be guilty of a Class A misdemeanor.
    Any person who violates subsection (g), (i), (o), (p),
(y), or (cc) of Section 2.33 shall be guilty of a Class A
misdemeanor and subject to a fine of no less than $500 and no
more than $5,000 in addition to other statutory penalties. In
addition, the Department shall suspend the privileges, under
this Act, of any person found guilty of violating subsection
(cc) of Section 2.33(cc) for a period of not less than one
year.
    Any person who operates without a permit in violation of
subsection (b) of Section 2.37 is guilty of a Class A
misdemeanor and subject to a fine of not less than $500. Any
other violation of subsection (b) of Section 2.37, including
administrative rules, is a Class B misdemeanor.
    Any person who violates any other of the provisions of
this Act including administrative rules, unless otherwise
stated, shall be guilty of a petty offense. Offenses committed
by minors under the direct control or with the consent of a
parent or guardian may subject the parent or guardian to the
penalties prescribed in this Section.
    In addition to any fines imposed pursuant to the
provisions of this Section or as otherwise provided in this
Act, any person found guilty of unlawfully taking or
possessing any species protected by this Act, shall be
assessed a civil penalty for such species in accordance with
the values prescribed in Section 2.36a of this Act. This civil
penalty shall be imposed by the Circuit Court for the county
within which the offense was committed at the time of the
conviction. Any person found guilty of violating subsection
(b) of Section 2.37 is subject to an additional civil penalty
of up to $1,500. All penalties provided for in this Section
shall be remitted to the Department in accordance with the
same provisions provided for in Section 1.18 of this Act,
except that civil penalties collected for violation of
subsection Subsection (b) of Section 2.37 shall be remitted to
the Department and allocated as follows:
        (1) 60% to the Conservation Police Operations
    Assistance Fund; and
        (2) 40% to the Illinois Habitat Fund.
(Source: P.A. 102-538, eff. 8-20-21; 103-37, eff. 6-9-23;
revised 9-26-23.)
 
    Section 535. The Illinois Highway Code is amended by
changing Section 6-901 as follows:
 
    (605 ILCS 5/6-901)  (from Ch. 121, par. 6-901)
    Sec. 6-901. Annually, the General Assembly shall
appropriate to the Department of Transportation from the Road
Fund road fund, the General Revenue Fund general revenue fund,
any other State funds, or a combination of those funds,
$60,000,000 for apportionment to counties for the use of road
districts for the construction of bridges 20 feet or more in
length, as provided in Sections 6-902 through 6-905.
    The Department of Transportation shall apportion among the
several counties of this State for the use of road districts
the amounts appropriated under this Section. The amount
apportioned to a county shall be in the proportion which the
total mileage of township or district roads in the county
bears to the total mileage of all township and district roads
in the State. Each county shall allocate to the several road
districts in the county the funds so apportioned to the
county. The allocation to road districts shall be made in the
same manner and be subject to the same conditions and
qualifications as are provided by Section 8 of the "Motor Fuel
Tax Law", approved March 25, 1929, as amended, with respect to
the allocation to road districts of the amount allotted from
the Motor Fuel Tax Fund for apportionment to counties for the
use of road districts, but no allocation shall be made to any
road district that has not levied taxes for road and bridge
purposes and for bridge construction purposes at the maximum
rates permitted by Sections 6-501, 6-508, and 6-512 of this
Act, without referendum. "Road district" and "township or
district road" have the meanings ascribed to those terms in
this Act.
    Road districts in counties in which a property tax
extension limitation is imposed under the Property Tax
Extension Limitation Law that are made ineligible for receipt
of this appropriation due to the imposition of a property tax
extension limitation may become eligible if, at the time the
property tax extension limitation was imposed, the road
district was levying at the required rate and continues to
levy the maximum allowable amount after the imposition of the
property tax extension limitation. The road district also
becomes eligible if it levies at or above the rate required for
eligibility by Section 8 of the Motor Fuel Tax Law.
    The amounts apportioned under this Section for allocation
to road districts may be used only for bridge construction as
provided in this Division. So much of those amounts as are not
obligated under Sections 6-902 through 6-904 and for which
local funds have not been committed under Section 6-905 within
48 months of the date when such apportionment is made lapses
and shall not be paid to the county treasurer for distribution
to road districts.
(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
 
    Section 540. The Illinois Vehicle Code is amended by
changing Sections 2-119, 3-699.14, 6-103, 6-106.1, 6-118,
6-508.5, 7-315, 11-208.6, and 11-305 as follows:
 
    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
    Sec. 2-119. Disposition of fees and taxes.
    (a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State treasury
Treasury.
    (b) Of the money collected for each certificate of title,
duplicate certificate of title, and corrected certificate of
title:
        (1) $2.60 shall be deposited in the Park and
    Conservation Fund;
        (2) $0.65 shall be deposited in the Illinois Fisheries
    Management Fund;
        (3) $48 shall be disbursed under subsection (g) of
    this Section;
        (4) $4 shall be deposited into the Motor Vehicle
    License Plate Fund;
        (5) $30 shall be deposited into the Capital Projects
    Fund; and
        (6) $10 shall be deposited into the Secretary of State
    Special Services Fund.
    All remaining moneys collected for certificates of title,
and all moneys collected for filing of security interests,
shall be deposited in the General Revenue Fund.
    The $20 collected for each delinquent vehicle registration
renewal fee shall be deposited into the General Revenue Fund.
    The moneys deposited in the Park and Conservation Fund
under this Section shall be used for the acquisition and
development of bike paths as provided for in Section 805-420
of the Department of Natural Resources (Conservation) Law of
the Civil Administrative Code of Illinois. The moneys
deposited into the Park and Conservation Fund under this
subsection shall not be subject to administrative charges or
chargebacks, unless otherwise authorized by this Code.
    If the balance in the Motor Vehicle License Plate Fund
exceeds $40,000,000 on the last day of a calendar month, then
during the next calendar month, the $4 that otherwise would be
deposited in that fund shall instead be deposited into the
Road Fund.
    (c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section
6-118 shall be placed in the Drivers Education Fund in the
State treasury Treasury.
    (d) Of the moneys collected as a registration fee for each
motorcycle, motor driven cycle, and moped, 27% shall be
deposited in the Cycle Rider Safety Training Fund.
    (e) (Blank).
    (f) Of the total money collected for a commercial
learner's permit (CLP) or original or renewal issuance of a
commercial driver's license (CDL) pursuant to the Uniform
Commercial Driver's License Act (UCDLA): (i) $6 of the total
fee for an original or renewal CDL, and $6 of the total CLP fee
when such permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle Title
Information Service Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act
and (ii) $20 of the total fee for an original or renewal CDL or
CLP shall be paid into the Motor Carrier Safety Inspection
Fund, which is hereby created as a special fund in the State
treasury Treasury, to be used by the Illinois State Police,
subject to appropriation, to hire additional officers to
conduct motor carrier safety inspections pursuant to Chapter
18b of this Code.
    (g) Of the moneys received by the Secretary of State as
registration fees or taxes, certificates of title, duplicate
certificates of title, corrected certificates of title, or as
payment of any other fee under this Code, when those moneys are
not otherwise distributed by this Code, 37% shall be deposited
into the State Construction Account Fund, and 63% shall be
deposited in the Road Fund. Moneys in the Road Fund shall be
used for the purposes provided in Section 8.3 of the State
Finance Act.
    (h) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) There is created in the State treasury Treasury a
special fund to be known as the Secretary of State Special
License Plate Fund. Money deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State (i) to help defray plate manufacturing and
plate processing costs for the issuance and, when applicable,
renewal of any new or existing registration plates authorized
under this Code and (ii) for grants made by the Secretary of
State to benefit Illinois Veterans Home libraries.
    (l) The Motor Vehicle Review Board Fund is created as a
special fund in the State treasury Treasury. Moneys deposited
into the Fund under paragraph (7) of subsection (b) of Section
5-101 and Section 5-109 shall, subject to appropriation, be
used by the Office of the Secretary of State to administer the
Motor Vehicle Review Board, including, without limitation,
payment of compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
    (m) Effective July 1, 1996, there is created in the State
treasury Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Illinois
Safety and Family Financial Responsibility Law.
    (n) The Illinois Fire Fighters' Memorial Fund is created
as a special fund in the State treasury Treasury. Moneys
deposited into the Fund shall, subject to appropriation, be
used by the Office of the State Fire Marshal for construction
of the Illinois Fire Fighters' Memorial to be located at the
State Capitol grounds in Springfield, Illinois. Upon the
completion of the Memorial, moneys in the Fund shall be used in
accordance with Section 3-634.
    (o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
    (p) For audits conducted on or after July 1, 2003 pursuant
to Section 2-124(d) of this Code, 50% of the money collected as
audit fees shall be deposited into the General Revenue Fund.
    (q) Beginning July 1, 2023, the additional fees imposed by
Public Act 103-8 this amendatory Act of the 103rd General
Assembly in Sections 2-123, 3-821, and 6-118 shall be
deposited into the Secretary of State Special Services Fund.
(Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23;
revised 9-25-23.)
 
    (625 ILCS 5/3-699.14)
    Sec. 3-699.14. Universal special license plates.
    (a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue Universal special license plates to residents of
Illinois on behalf of organizations that have been authorized
by the General Assembly to issue decals for Universal special
license plates. Appropriate documentation, as determined by
the Secretary, shall accompany each application. Authorized
organizations shall be designated by amendment to this
Section. When applying for a Universal special license plate
the applicant shall inform the Secretary of the name of the
authorized organization from which the applicant will obtain a
decal to place on the plate. The Secretary shall make a record
of that organization and that organization shall remain
affiliated with that plate until the plate is surrendered,
revoked, or otherwise cancelled. The authorized organization
may charge a fee to offset the cost of producing and
distributing the decal, but that fee shall be retained by the
authorized organization and shall be separate and distinct
from any registration fees charged by the Secretary. No decal,
sticker, or other material may be affixed to a Universal
special license plate other than a decal authorized by the
General Assembly in this Section or a registration renewal
sticker. The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division,
including motorcycles and autocycles, or motor vehicles of the
second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
multi-year procedure under Section 3-414.1 of this Code.
    (b) The design, color, and format of the Universal special
license plate shall be wholly within the discretion of the
Secretary. Universal special license plates are not required
to designate "Land of Lincoln", as prescribed in subsection
(b) of Section 3-412 of this Code. The design shall allow for
the application of a decal to the plate. Organizations
authorized by the General Assembly to issue decals for
Universal special license plates shall comply with rules
adopted by the Secretary governing the requirements for and
approval of Universal special license plate decals. The
Secretary may, in his or her discretion, allow Universal
special license plates to be issued as vanity or personalized
plates in accordance with Section 3-405.1 of this Code. The
Secretary of State must make a version of the special
registration plates authorized under this Section in a form
appropriate for motorcycles and autocycles.
    (c) When authorizing a Universal special license plate,
the General Assembly shall set forth whether an additional fee
is to be charged for the plate and, if a fee is to be charged,
the amount of the fee and how the fee is to be distributed.
When necessary, the authorizing language shall create a
special fund in the State treasury into which fees may be
deposited for an authorized Universal special license plate.
Additional fees may only be charged if the fee is to be paid
over to a State agency or to a charitable entity that is in
compliance with the registration and reporting requirements of
the Charitable Trust Act and the Solicitation for Charity Act.
Any charitable entity receiving fees for the sale of Universal
special license plates shall annually provide the Secretary of
State a letter of compliance issued by the Attorney General
verifying that the entity is in compliance with the Charitable
Trust Act and the Solicitation for Charity Act.
    (d) Upon original issuance and for each registration
renewal period, in addition to the appropriate registration
fee, if applicable, the Secretary shall collect any additional
fees, if required, for issuance of Universal special license
plates. The fees shall be collected on behalf of the
organization designated by the applicant when applying for the
plate. All fees collected shall be transferred to the State
agency on whose behalf the fees were collected, or paid into
the special fund designated in the law authorizing the
organization to issue decals for Universal special license
plates. All money in the designated fund shall be distributed
by the Secretary subject to appropriation by the General
Assembly.
    (e) The following organizations may issue decals for
Universal special license plates with the original and renewal
fees and fee distribution as follows:
        (1) The Illinois Department of Natural Resources.
            (A) Original issuance: $25; with $10 to the
        Roadside Monarch Habitat Fund and $15 to the Secretary
        of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Roadside Monarch
        Habitat Fund and $2 to the Secretary of State Special
        License Plate Fund.
        (2) Illinois Veterans' Homes.
            (A) Original issuance: $26, which shall be
        deposited into the Illinois Veterans' Homes Fund.
            (B) Renewal: $26, which shall be deposited into
        the Illinois Veterans' Homes Fund.
        (3) The Illinois Department of Human Services for
    volunteerism decals.
            (A) Original issuance: $25, which shall be
        deposited into the Secretary of State Special License
        Plate Fund.
            (B) Renewal: $25, which shall be deposited into
        the Secretary of State Special License Plate Fund.
        (4) The Illinois Department of Public Health.
            (A) Original issuance: $25; with $10 to the
        Prostate Cancer Awareness Fund and $15 to the
        Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Prostate Cancer
        Awareness Fund and $2 to the Secretary of State
        Special License Plate Fund.
        (5) Horsemen's Council of Illinois.
            (A) Original issuance: $25; with $10 to the
        Horsemen's Council of Illinois Fund and $15 to the
        Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Horsemen's
        Council of Illinois Fund and $2 to the Secretary of
        State Special License Plate Fund.
        (6) K9s for Veterans, NFP.
            (A) Original issuance: $25; with $10 to the
        Post-Traumatic Stress Disorder Awareness Fund and $15
        to the Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Post-Traumatic
        Stress Disorder Awareness Fund and $2 to the Secretary
        of State Special License Plate Fund.
        (7) The International Association of Machinists and
    Aerospace Workers.
            (A) Original issuance: $35; with $20 to the Guide
        Dogs of America Fund and $15 to the Secretary of State
        Special License Plate Fund.
            (B) Renewal: $25; with $23 going to the Guide Dogs
        of America Fund and $2 to the Secretary of State
        Special License Plate Fund.
        (8) Local Lodge 701 of the International Association
    of Machinists and Aerospace Workers.
            (A) Original issuance: $35; with $10 to the Guide
        Dogs of America Fund, $10 to the Mechanics Training
        Fund, and $15 to the Secretary of State Special
        License Plate Fund.
            (B) Renewal: $30; with $13 to the Guide Dogs of
        America Fund, $15 to the Mechanics Training Fund, and
        $2 to the Secretary of State Special License Plate
        Fund.
        (9) Illinois Department of Human Services.
            (A) Original issuance: $25; with $10 to the
        Theresa Tracy Trot - Illinois CancerCare Foundation
        Fund and $15 to the Secretary of State Special License
        Plate Fund.
            (B) Renewal: $25; with $23 to the Theresa Tracy
        Trot - Illinois CancerCare Foundation Fund and $2 to
        the Secretary of State Special License Plate Fund.
        (10) The Illinois Department of Human Services for
    developmental disabilities awareness decals.
            (A) Original issuance: $25; with $10 to the
        Developmental Disabilities Awareness Fund and $15 to
        the Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Developmental
        Disabilities Awareness Fund and $2 to the Secretary of
        State Special License Plate Fund.
        (11) The Illinois Department of Human Services for
    pediatric cancer awareness decals.
            (A) Original issuance: $25; with $10 to the
        Pediatric Cancer Awareness Fund and $15 to the
        Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Pediatric Cancer
        Awareness Fund and $2 to the Secretary of State
        Special License Plate Fund.
        (12) The Department of Veterans' Affairs for Fold of
    Honor decals.
            (A) Original issuance: $25; with $10 to the Folds
        of Honor Foundation Fund and $15 to the Secretary of
        State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Folds of Honor
        Foundation Fund and $2 to the Secretary of State
        Special License Plate Fund.
        (13) The Illinois chapters of the Experimental
    Aircraft Association for aviation enthusiast decals.
            (A) Original issuance: $25; with $10 to the
        Experimental Aircraft Association Fund and $15 to the
        Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Experimental
        Aircraft Association Fund and $2 to the Secretary of
        State Special License Plate Fund.
        (14) The Illinois Department of Human Services for
    Child Abuse Council of the Quad Cities decals.
            (A) Original issuance: $25; with $10 to the Child
        Abuse Council of the Quad Cities Fund and $15 to the
        Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Child Abuse
        Council of the Quad Cities Fund and $2 to the Secretary
        of State Special License Plate Fund.
        (15) The Illinois Department of Public Health for
    health care worker decals.
            (A) Original issuance: $25; with $10 to the
        Illinois Health Care Workers Benefit Fund, and $15 to
        the Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Illinois Health
        Care Workers Benefit Fund and $2 to the Secretary of
        State Special License Plate Fund.
        (16) The Department of Agriculture for Future Farmers
    of America decals.
            (A) Original issuance: $25; with $10 to the Future
        Farmers of America Fund and $15 to the Secretary of
        State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Future Farmers
        of America Fund and $2 to the Secretary of State
        Special License Plate Fund.
        (17) The Illinois Department of Public Health for
    autism awareness decals that are designed with input from
    autism advocacy organizations.
            (A) Original issuance: $25; with $10 to the Autism
        Awareness Fund and $15 to the Secretary of State
        Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Autism Awareness
        Fund and $2 to the Secretary of State Special License
        Plate Fund.
        (18) (17) The Department of Natural Resources for Lyme
    disease research decals.
            (A) Original issuance: $25; with $10 to the Tick
        Research, Education, and Evaluation Fund and $15 to
        the Secretary of State Special License Plate Fund.
            (B) Renewal: $25; with $23 to the Tick Research,
        Education, and Evaluation Fund and $2 to the Secretary
        of State Special License Plate Fund.
        (19) (17) The IBEW Thank a Line Worker decal.
            (A) Original issuance: $15, which shall be
        deposited into the Secretary of State Special License
        Plate Fund.
            (B) Renewal: $2, which shall be deposited into the
        Secretary of State Special License Plate Fund.
    (f) The following funds are created as special funds in
the State treasury:
        (1) The Roadside Monarch Habitat Fund. All money in
    the Roadside Monarch Habitat Fund shall be paid as grants
    to the Illinois Department of Natural Resources to fund
    roadside monarch and other pollinator habitat development,
    enhancement, and restoration projects in this State.
        (2) The Prostate Cancer Awareness Fund. All money in
    the Prostate Cancer Awareness Fund shall be paid as grants
    to the Prostate Cancer Foundation of Chicago.
        (3) The Horsemen's Council of Illinois Fund. All money
    in the Horsemen's Council of Illinois Fund shall be paid
    as grants to the Horsemen's Council of Illinois.
        (4) The Post-Traumatic Stress Disorder Awareness Fund.
    All money in the Post-Traumatic Stress Disorder Awareness
    Fund shall be paid as grants to K9s for Veterans, NFP for
    support, education, and awareness of veterans with
    post-traumatic stress disorder.
        (5) The Guide Dogs of America Fund. All money in the
    Guide Dogs of America Fund shall be paid as grants to the
    International Guiding Eyes, Inc., doing business as Guide
    Dogs of America.
        (6) The Mechanics Training Fund. All money in the
    Mechanics Training Fund shall be paid as grants to the
    Mechanics Local 701 Training Fund.
        (7) The Theresa Tracy Trot - Illinois CancerCare
    Foundation Fund. All money in the Theresa Tracy Trot -
    Illinois CancerCare Foundation Fund shall be paid to the
    Illinois CancerCare Foundation for the purpose of
    furthering pancreatic cancer research.
        (8) The Developmental Disabilities Awareness Fund. All
    money in the Developmental Disabilities Awareness Fund
    shall be paid as grants to the Illinois Department of
    Human Services to fund legal aid groups to assist with
    guardianship fees for private citizens willing to become
    guardians for individuals with developmental disabilities
    but who are unable to pay the legal fees associated with
    becoming a guardian.
        (9) The Pediatric Cancer Awareness Fund. All money in
    the Pediatric Cancer Awareness Fund shall be paid as
    grants to the Cancer Center at Illinois for pediatric
    cancer treatment and research.
        (10) The Folds of Honor Foundation Fund. All money in
    the Folds of Honor Foundation Fund shall be paid as grants
    to the Folds of Honor Foundation to aid in providing
    educational scholarships to military families.
        (11) The Experimental Aircraft Association Fund. All
    money in the Experimental Aircraft Association Fund shall
    be paid, subject to appropriation by the General Assembly
    and distribution by the Secretary, as grants to promote
    recreational aviation.
        (12) The Child Abuse Council of the Quad Cities Fund.
    All money in the Child Abuse Council of the Quad Cities
    Fund shall be paid as grants to benefit the Child Abuse
    Council of the Quad Cities.
        (13) The Illinois Health Care Workers Benefit Fund.
    All money in the Illinois Health Care Workers Benefit Fund
    shall be paid as grants to the Trinity Health Foundation
    for the benefit of health care workers, doctors, nurses,
    and others who work in the health care industry in this
    State.
        (14) The Future Farmers of America Fund. All money in
    the Future Farmers of America Fund shall be paid as grants
    to the Illinois Association of Future Farmers of America.
        (15) The Tick Research, Education, and Evaluation
    Fund. All money in the Tick Research, Education, and
    Evaluation Fund shall be paid as grants to the Illinois
    Lyme Association.
(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;
102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
revised 12-15-23.)
 
    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
    Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor
issue any permit under this Code:
        1. To any person, as a driver, who is under the age of
    18 years except as provided in Section 6-107, and except
    that an instruction permit may be issued under Section
    6-107.1 to a child who is not less than 15 years of age if
    the child is enrolled in an approved driver education
    course as defined in Section 1-103 of this Code and
    requires an instruction permit to participate therein,
    except that an instruction permit may be issued under the
    provisions of Section 6-107.1 to a child who is 17 years
    and 3 months of age without the child having enrolled in an
    approved driver education course and except that an
    instruction permit may be issued to a child who is at least
    15 years and 3 months of age, is enrolled in school, meets
    the educational requirements of the Driver Education Act,
    and has passed examinations the Secretary of State in his
    or her discretion may prescribe;
        1.5. To any person at least 18 years of age but less
    than 21 years of age unless the person has, in addition to
    any other requirements of this Code, successfully
    completed an adult driver education course as provided in
    Section 6-107.5 of this Code;
        2. To any person who is under the age of 18 as an
    operator of a motorcycle other than a motor driven cycle
    unless the person has, in addition to meeting the
    provisions of Section 6-107 of this Code, successfully
    completed a motorcycle training course approved by the
    Illinois Department of Transportation;
        3. To any person, as a driver, whose driver's license
    or permit has been suspended, during the suspension, nor
    to any person whose driver's license or permit has been
    revoked, except as provided in Sections 6-205, 6-206, and
    6-208;
        4. To any person, as a driver, who is a user of alcohol
    or any other drug to a degree that renders the person
    incapable of safely driving a motor vehicle;
        5. To any person, as a driver, who has previously been
    adjudged to be afflicted with or suffering from any mental
    or physical disability or disease and who has not at the
    time of application been restored to competency by the
    methods provided by law;
        6. To any person, as a driver, who is required by the
    Secretary of State to submit an alcohol and drug
    evaluation or take an examination provided for in this
    Code unless the person has successfully passed the
    examination and submitted any required evaluation;
        7. To any person who is required under the provisions
    of the laws of this State to deposit security or proof of
    financial responsibility and who has not deposited the
    security or proof;
        8. To any person when the Secretary of State has good
    cause to believe that the person by reason of physical or
    mental disability would not be able to safely operate a
    motor vehicle upon the highways, unless the person shall
    furnish to the Secretary of State a verified written
    statement, acceptable to the Secretary of State, from a
    competent medical specialist, a licensed physician
    assistant, or a licensed advanced practice registered
    nurse, to the effect that the operation of a motor vehicle
    by the person would not be inimical to the public safety;
        9. To any person, as a driver, who is 69 years of age
    or older, unless the person has successfully complied with
    the provisions of Section 6-109;
        10. To any person convicted, within 12 months of
    application for a license, of any of the sexual offenses
    enumerated in paragraph 2 of subsection (b) of Section
    6-205;
        11. To any person who is under the age of 21 years with
    a classification prohibited in paragraph (b) of Section
    6-104 and to any person who is under the age of 18 years
    with a classification prohibited in paragraph (c) of
    Section 6-104;
        12. To any person who has been either convicted of or
    adjudicated under the Juvenile Court Act of 1987 based
    upon a violation of the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act while that person was in
    actual physical control of a motor vehicle. For purposes
    of this Section, any person placed on probation under
    Section 10 of the Cannabis Control Act, Section 410 of the
    Illinois Controlled Substances Act, or Section 70 of the
    Methamphetamine Control and Community Protection Act shall
    not be considered convicted. Any person found guilty of
    this offense, while in actual physical control of a motor
    vehicle, shall have an entry made in the court record by
    the judge that this offense did occur while the person was
    in actual physical control of a motor vehicle and order
    the clerk of the court to report the violation to the
    Secretary of State as such. The Secretary of State shall
    not issue a new license or permit for a period of one year;
        13. To any person who is under the age of 18 years and
    who has committed the offense of operating a motor vehicle
    without a valid license or permit in violation of Section
    6-101 or a similar out-of-state out of state offense;
        14. To any person who is 90 days or more delinquent in
    court ordered child support payments or has been
    adjudicated in arrears in an amount equal to 90 days'
    obligation or more and who has been found in contempt of
    court for failure to pay the support, subject to the
    requirements and procedures of Article VII of Chapter 7 of
    the Illinois Vehicle Code;
        14.5. To any person certified by the Illinois
    Department of Healthcare and Family Services as being 90
    days or more delinquent in payment of support under an
    order of support entered by a court or administrative body
    of this or any other State, subject to the requirements
    and procedures of Article VII of Chapter 7 of this Code
    regarding those certifications;
        15. To any person released from a term of imprisonment
    for violating Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, or a similar provision of a law
    of another state relating to reckless homicide or for
    violating subparagraph (F) of paragraph (1) of subsection
    (d) of Section 11-501 of this Code relating to aggravated
    driving under the influence of alcohol, other drug or
    drugs, intoxicating compound or compounds, or any
    combination thereof, if the violation was the proximate
    cause of a death, within 24 months of release from a term
    of imprisonment;
        16. To any person who, with intent to influence any
    act related to the issuance of any driver's license or
    permit, by an employee of the Secretary of State's Office,
    or the owner or employee of any commercial driver training
    school licensed by the Secretary of State, or any other
    individual authorized by the laws of this State to give
    driving instructions or administer all or part of a
    driver's license examination, promises or tenders to that
    person any property or personal advantage which that
    person is not authorized by law to accept. Any persons
    promising or tendering such property or personal advantage
    shall be disqualified from holding any class of driver's
    license or permit for 120 consecutive days. The Secretary
    of State shall establish by rule the procedures for
    implementing this period of disqualification and the
    procedures by which persons so disqualified may obtain
    administrative review of the decision to disqualify;
        17. To any person for whom the Secretary of State
    cannot verify the accuracy of any information or
    documentation submitted in application for a driver's
    license;
        18. To any person who has been adjudicated under the
    Juvenile Court Act of 1987 based upon an offense that is
    determined by the court to have been committed in
    furtherance of the criminal activities of an organized
    gang, as provided in Section 5-710 of that Act, and that
    involved the operation or use of a motor vehicle or the use
    of a driver's license or permit. The person shall be
    denied a license or permit for the period determined by
    the court; or
        19. To any person who holds a REAL ID compliant
    identification card or REAL ID compliant Person with a
    Disability Identification Card issued under the Illinois
    Identification Card Act. Any such person may, at his or
    her discretion, surrender the REAL ID compliant
    identification card or REAL ID compliant Person with a
    Disability Identification Card in order to become eligible
    to obtain a REAL ID compliant driver's license.
    The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.)
 
    (625 ILCS 5/6-106.1)
    Sec. 6-106.1. School bus driver permit.
    (a) The Secretary of State shall issue a school bus driver
permit for the operation of first or second division vehicles
being operated as school buses or a permit valid only for the
operation of first division vehicles being operated as school
buses to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct
fingerprint-based fingerprint based criminal background checks
on current and future information available in the State state
system and current information available through the Federal
Bureau of Investigation's system. Applicants who have
completed the fingerprinting requirements shall not be
subjected to the fingerprinting process when applying for
subsequent permits or submitting proof of successful
completion of the annual refresher course. Individuals who on
July 1, 1995 (the effective date of Public Act 88-612) possess
a valid school bus driver permit that has been previously
issued by the appropriate Regional School Superintendent are
not subject to the fingerprinting provisions of this Section
as long as the permit remains valid and does not lapse. The
applicant shall be required to pay all related application and
fingerprinting fees as established by rule, including, but not
limited to, the amounts established by the Illinois State
Police and the Federal Bureau of Investigation to process
fingerprint-based fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint-based fingerprint based criminal background
investigations. All other fees paid under this Section shall
be deposited into the Road Fund for the purpose of defraying
the costs of the Secretary of State in administering this
Section. All applicants must:
        1. be 21 years of age or older;
        2. possess a valid and properly classified driver's
    license issued by the Secretary of State;
        3. possess a valid driver's license, which has not
    been revoked, suspended, or canceled for 3 years
    immediately prior to the date of application, or have not
    had his or her commercial motor vehicle driving privileges
    disqualified within the 3 years immediately prior to the
    date of application;
        4. successfully pass a first division or second
    division written test, administered by the Secretary of
    State, on school bus operation, school bus safety, and
    special traffic laws relating to school buses and submit
    to a review of the applicant's driving habits by the
    Secretary of State at the time the written test is given;
        5. demonstrate ability to exercise reasonable care in
    the operation of school buses in accordance with rules
    promulgated by the Secretary of State;
        6. demonstrate physical fitness to operate school
    buses by submitting the results of a medical examination,
    including tests for drug use for each applicant not
    subject to such testing pursuant to federal law, conducted
    by a licensed physician, a licensed advanced practice
    registered nurse, or a licensed physician assistant within
    90 days of the date of application according to standards
    promulgated by the Secretary of State;
        7. affirm under penalties of perjury that he or she
    has not made a false statement or knowingly concealed a
    material fact in any application for permit;
        8. have completed an initial classroom course,
    including first aid procedures, in school bus driver
    safety as promulgated by the Secretary of State; and,
    after satisfactory completion of said initial course, an
    annual refresher course; such courses and the agency or
    organization conducting such courses shall be approved by
    the Secretary of State; failure to complete the annual
    refresher course, shall result in cancellation of the
    permit until such course is completed;
        9. not have been under an order of court supervision
    for or convicted of 2 or more serious traffic offenses, as
    defined by rule, within one year prior to the date of
    application that may endanger the life or safety of any of
    the driver's passengers within the duration of the permit
    period;
        10. not have been under an order of court supervision
    for or convicted of reckless driving, aggravated reckless
    driving, driving while under the influence of alcohol,
    other drug or drugs, intoxicating compound or compounds or
    any combination thereof, or reckless homicide resulting
    from the operation of a motor vehicle within 3 years of the
    date of application;
        11. not have been convicted of committing or
    attempting to commit any one or more of the following
    offenses: (i) those offenses defined in Sections 8-1,
    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
    of Section 24-3, and those offenses contained in Article
    29D of the Criminal Code of 1961 or the Criminal Code of
    2012; (ii) those offenses defined in the Cannabis Control
    Act except those offenses defined in subsections (a) and
    (b) of Section 4, and subsection (a) of Section 5 of the
    Cannabis Control Act; (iii) those offenses defined in the
    Illinois Controlled Substances Act; (iv) those offenses
    defined in the Methamphetamine Control and Community
    Protection Act; (v) any offense committed or attempted in
    any other state or against the laws of the United States,
    which if committed or attempted in this State would be
    punishable as one or more of the foregoing offenses; (vi)
    the offenses defined in Section 4.1 and 5.1 of the Wrongs
    to Children Act or Section 11-9.1A of the Criminal Code of
    1961 or the Criminal Code of 2012; (vii) those offenses
    defined in Section 6-16 of the Liquor Control Act of 1934;
    and (viii) those offenses defined in the Methamphetamine
    Precursor Control Act;
        12. not have been repeatedly involved as a driver in
    motor vehicle collisions or been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree which indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        13. not have, through the unlawful operation of a
    motor vehicle, caused a crash resulting in the death of
    any person;
        14. not have, within the last 5 years, been adjudged
    to be afflicted with or suffering from any mental
    disability or disease;
        15. consent, in writing, to the release of results of
    reasonable suspicion drug and alcohol testing under
    Section 6-106.1c of this Code by the employer of the
    applicant to the Secretary of State; and
        16. not have been convicted of committing or
    attempting to commit within the last 20 years: (i) an
    offense defined in subsection (c) of Section 4, subsection
    (b) of Section 5, and subsection (a) of Section 8 of the
    Cannabis Control Act; or (ii) any offenses in any other
    state or against the laws of the United States that, if
    committed or attempted in this State, would be punishable
    as one or more of the foregoing offenses.
    (a-5) If an applicant's driver's license has been
suspended within the 3 years immediately prior to the date of
application for the sole reason of failure to pay child
support, that suspension shall not bar the applicant from
receiving a school bus driver permit.
    (a-10) (a-5) By January 1, 2024, the Secretary of State,
in conjunction with the Illinois State Board of Education,
shall develop a separate classroom course and refresher course
for operation of vehicles of the first division being operated
as school buses. Regional superintendents of schools, working
with the Illinois State Board of Education, shall offer the
course.
    (b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
    (c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder, and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
    (d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of
State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
    (e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
    (f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
    (g) Cancellation; suspension; notice and procedure.
        (1) The Secretary of State shall cancel a school bus
    driver permit of an applicant whose criminal background
    investigation discloses that he or she is not in
    compliance with the provisions of subsection (a) of this
    Section.
        (2) The Secretary of State shall cancel a school bus
    driver permit when he or she receives notice that the
    permit holder fails to comply with any provision of this
    Section or any rule promulgated for the administration of
    this Section.
        (3) The Secretary of State shall cancel a school bus
    driver permit if the permit holder's restricted commercial
    or commercial driving privileges are withdrawn or
    otherwise invalidated.
        (4) The Secretary of State may not issue a school bus
    driver permit for a period of 3 years to an applicant who
    fails to obtain a negative result on a drug test as
    required in item 6 of subsection (a) of this Section or
    under federal law.
        (5) The Secretary of State shall forthwith suspend a
    school bus driver permit for a period of 3 years upon
    receiving notice that the holder has failed to obtain a
    negative result on a drug test as required in item 6 of
    subsection (a) of this Section or under federal law.
        (6) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving
    notice from the employer that the holder failed to perform
    the inspection procedure set forth in subsection (a) or
    (b) of Section 12-816 of this Code.
        (7) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving
    notice from the employer that the holder refused to submit
    to an alcohol or drug test as required by Section 6-106.1c
    or has submitted to a test required by that Section which
    disclosed an alcohol concentration of more than 0.00 or
    disclosed a positive result on a National Institute on
    Drug Abuse five-drug panel, utilizing federal standards
    set forth in 49 CFR 40.87.
    The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next work shift workshift.
An employing school board that fails to remove the offending
school bus driver from service is subject to the penalties
defined in Section 3-14.23 of the School Code. A school bus
contractor who violates a provision of this Section is subject
to the penalties defined in Section 6-106.11.
    All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
    (h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to
this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
    (i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
    (j) For purposes of subsections (h) and (i) of this
Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
    (k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130,
eff. 7-1-23; revised 9-19-23.)
 
    (625 ILCS 5/6-118)
    Sec. 6-118. Fees.
    (a) The fees for licenses and permits under this Article
are as follows:
    Original driver's license.............................$30
    Original or renewal driver's license
        issued to 18, 19, and 20 year olds................. $5
    All driver's licenses for persons
        age 69 through age 80.............................. $5
    All driver's licenses for persons
        age 81 through age 86.............................. $2
    All driver's licenses for persons
        age 87 or older....................................$0
    Renewal driver's license (except for
        applicants ages 18, 19, and 20 or
        age 69 and older).................................$30
    Original instruction permit issued to
        persons (except those age 69 and older)
        who do not hold or have not previously
        held an Illinois instruction permit or
        driver's license.................................. $20
    Instruction permit issued to any person
        holding an Illinois driver's license
        who wishes a change in classifications,
        other than at the time of renewal.................. $5
    Any instruction permit issued to a person
        age 69 and older................................... $5
    Instruction permit issued to any person,
        under age 69, not currently holding a
        valid Illinois driver's license or
        instruction permit but who has
        previously been issued either document
        in Illinois....................................... $10
    Restricted driving permit.............................. $8
    Monitoring device driving permit...................... $8
    Duplicate or corrected driver's license
        or permit.......................................... $5
    Duplicate or corrected restricted
        driving permit..................................... $5
    Duplicate or corrected monitoring
    device driving permit.................................. $5
    Duplicate driver's license or permit issued to
        an active-duty member of the
        United States Armed Forces,
        the member's spouse, or
        the dependent children living
        with the member................................... $0
    Original or renewal M or L endorsement................. $5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
        The fees for commercial driver licenses and permits
    under Article V shall be as follows:
    Commercial driver's license:
        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
        (Commercial Driver's License Information
        System/American Association of Motor Vehicle
        Administrators network/National Motor Vehicle
        Title Information Service Trust Fund);
        $20 for the Motor Carrier Safety Inspection Fund;
        $10 for the driver's license;
        and $24 for the CDL:............................. $60
    Renewal commercial driver's license:
        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
        $20 for the Motor Carrier Safety Inspection Fund;
        $10 for the driver's license; and
        $24 for the CDL:................................. $60
    Commercial learner's permit
        issued to any person holding a valid
        Illinois driver's license for the
        purpose of changing to a
        CDL classification:
        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
        $20 for the Motor Carrier Safety Inspection Fund; and
        $24 for the CDL classification................... $50
    Commercial learner's permit
        issued to any person holding a valid
        Illinois CDL for the purpose of
        making a change in a classification,
        endorsement or restriction........................ $5
    CDL duplicate or corrected license.................... $5
    In order to ensure the proper implementation of the
Uniform Commercial Driver License Act, Article V of this
Chapter, the Secretary of State is empowered to prorate the
$24 fee for the commercial driver's license proportionate to
the expiration date of the applicant's Illinois driver's
license.
    The fee for any duplicate license or permit shall be
waived for any person who presents the Secretary of State's
office with a police report showing that his license or permit
was stolen.
    The fee for any duplicate license or permit shall be
waived for any person age 60 or older whose driver's license or
permit has been lost or stolen.
    No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the
holder of an instruction permit for the same classification or
type of license who becomes eligible for such license.
    The fee for a restricted driving permit under this
subsection (a) shall be imposed annually until the expiration
of the permit.
    (a-5) The fee for a driver's record or data contained
therein is $20 and shall be disbursed as set forth in
subsection (k) of Section 2-123 of this Code.
    (b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked
under Section 3-707, any provision of Chapter 6, Chapter 11,
or Section 7-205, 7-303, or 7-702 of the Illinois Safety and
Family Financial Responsibility Law of this Code, shall in
addition to any other fees required by this Code, pay a
reinstatement fee as follows:
    Suspension under Section 3-707..................... $100
    Suspension under Section 11-1431....................$100
    Summary suspension under Section 11-501.1...........$250
    Suspension under Section 11-501.9...................$250
    Summary revocation under Section 11-501.1............$500
    Other suspension......................................$70
    Revocation...........................................$500
    However, any person whose license or privilege to operate
a motor vehicle in this State has been suspended or revoked for
a second or subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of
Section 11-501, 11-501.1, or 11-501.9 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 shall pay, in addition to any
other fees required by this Code, a reinstatement fee as
follows:
    Summary suspension under Section 11-501.1............$500
    Suspension under Section 11-501.9...................$500
    Summary revocation under Section 11-501.1............$500
    Revocation...........................................$500
    (c) All fees collected under the provisions of this
Chapter 6 shall be disbursed under subsection (g) of Section
2-119 of this Code, except as follows:
        1. The following amounts shall be paid into the
    Drivers Education Fund:
            (A) $16 of the $20 fee for an original driver's
        instruction permit;
            (B) $5 of the $30 fee for an original driver's
        license;
            (C) $5 of the $30 fee for a 4 year renewal driver's
        license;
            (D) $4 of the $8 fee for a restricted driving
        permit; and
            (E) $4 of the $8 fee for a monitoring device
        driving permit.
        2. $30 of the $250 fee for reinstatement of a license
    summarily suspended under Section 11-501.1 or suspended
    under Section 11-501.9 shall be deposited into the Drunk
    and Drugged Driving Prevention Fund. However, for a person
    whose license or privilege to operate a motor vehicle in
    this State has been suspended or revoked for a second or
    subsequent time for a violation of Section 11-501,
    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
    the $500 fee for reinstatement of a license summarily
    suspended under Section 11-501.1 or suspended under
    Section 11-501.9, and $190 of the $500 fee for
    reinstatement of a revoked license shall be deposited into
    the Drunk and Drugged Driving Prevention Fund. $190 of the
    $500 fee for reinstatement of a license summarily revoked
    pursuant to Section 11-501.1 shall be deposited into the
    Drunk and Drugged Driving Prevention Fund.
        3. $6 of the original or renewal fee for a commercial
    driver's license and $6 of the commercial learner's permit
    fee when the permit is issued to any person holding a valid
    Illinois driver's license, shall be paid into the
    CDLIS/AAMVAnet/NMVTIS Trust Fund.
        4. $30 of the $70 fee for reinstatement of a license
    suspended under the Illinois Safety and Family Financial
    Responsibility Law shall be paid into the Family
    Responsibility Fund.
        5. The $5 fee for each original or renewal M or L
    endorsement shall be deposited into the Cycle Rider Safety
    Training Fund.
        6. $20 of any original or renewal fee for a commercial
    driver's license or commercial learner's permit shall be
    paid into the Motor Carrier Safety Inspection Fund.
        7. The following amounts shall be paid into the
    General Revenue Fund:
            (A) $190 of the $250 reinstatement fee for a
        summary suspension under Section 11-501.1 or a
        suspension under Section 11-501.9;
            (B) $40 of the $70 reinstatement fee for any other
        suspension provided in subsection (b) of this Section;
        and
            (C) $440 of the $500 reinstatement fee for a first
        offense revocation and $310 of the $500 reinstatement
        fee for a second or subsequent revocation.
        8. Fees collected under paragraph (4) of subsection
    (d) and subsection (h) of Section 6-205 of this Code;
    subparagraph (C) of paragraph 3 of subsection (c) of
    Section 6-206 of this Code; and paragraph (4) of
    subsection (a) of Section 6-206.1 of this Code, shall be
    paid into the funds set forth in those Sections.
    (d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
    (e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law. The additional fees imposed by this amendatory
Act of the 103rd General Assembly shall become effective July
1, 2023 and shall be paid into the Secretary of State Special
Services Fund.
    (f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 103-8, eff. 7-1-23; revised 9-26-23.)
 
    (625 ILCS 5/6-508.5)
    Sec. 6-508.5. Drug and alcohol clearinghouse.
    (a) No driver who has engaged in conduct prohibited by
subpart B of 49 CFR 382 shall perform safety-sensitive
functions, including driving a commercial motor vehicle,
unless the driver has met the return-to-duty return to duty
requirements of subpart O of 49 CFR 40 and, if the driver's CDL
or CLP was canceled, has had the CDL or CLP reinstated.
    (b) By applying for a CDL or CLP, a driver is deemed to
have consented to the release of information from the drug and
alcohol clearinghouse to the Secretary of State.
    (c) No later than November 18, 2024, the Secretary shall
request information from the drug and alcohol clearinghouse
for all applicants applying for an initial, renewal, transfer,
or upgraded CDL or CLP. If the Secretary receives notification
that pursuant to 49 CFR 382.503 the applicant is prohibited
from operating a commercial motor vehicle, the Secretary shall
not issue, renew, transfer, or upgrade a CDL or CLP.
    (d) No later than November 18, 2024, the Secretary must,
upon receiving notification from the drug and alcohol
clearinghouse that a holder of a CDL or CLP is prohibited from
operating a commercial motor vehicle, cancel the CDL or CLP.
The cancellation must be completed and recorded on the CDLIS
driver record within 60 days after the State's receipt of such
a notification. Upon notification from the Federal Motor
Carrier Safety Administration that a driver has completed the
return-to-duty process, the Secretary may reinstate the
driver's CDL or CLP privileges.
    (e) Upon notification from the Federal Motor Carrier
Safety Administration that a violation was entered into the
drug and alcohol clearinghouse erroneously, the Secretary
shall reinstate the driver's CDL or CLP privileges and remove
the cancellation from the driving record.
(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)
 
    (625 ILCS 5/7-315)  (from Ch. 95 1/2, par. 7-315)
    Sec. 7-315. Certificate A certificate of insurance proof.
    (a) Proof of financial responsibility may be made by
filing with the Secretary of State the electronic certificate
of any insurance carrier duly authorized to do business in
this State, certifying that it has issued to or for the benefit
of the person furnishing such proof and named as the insured in
a motor vehicle liability policy, a motor vehicle liability
policy or policies or in certain events an operator's policy
meeting the requirements of this Code and that said policy or
policies are then in full force and effect. All electronic
certificates must be submitted in a manner satisfactory to the
Secretary of State.
    (b) Such certificate or certificates shall give the dates
of issuance and expiration of such policy or policies and
certify that the same shall not be canceled unless 15 days'
prior electronic notice thereof be given to the Secretary of
State and shall explicitly describe all motor vehicles covered
thereby unless the policy or policies are issued to a person
who is not the owner of a motor vehicle.
    (c) The Secretary of State shall not accept any
certificate or certificates unless the same shall cover all
motor vehicles then registered in this State in the name of the
person furnishing such proof as owner and an additional
certificate or certificates shall be required as a condition
precedent to the subsequent registration of any motor vehicle
or motor vehicles in the name of the person giving such proof
as owner.
(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)
 
    (625 ILCS 5/11-208.6)
    Sec. 11-208.6. Automated traffic law enforcement system.
    (a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
    An automated traffic law enforcement system is a system,
in a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
    (b) As used in this Section, "recorded images" means
images recorded by an automated traffic law enforcement system
on:
        (1) 2 or more photographs;
        (2) 2 or more microphotographs;
        (3) 2 or more electronic images; or
        (4) a video recording showing the motor vehicle and,
    on at least one image or portion of the recording, clearly
    identifying the registration plate or digital registration
    plate number of the motor vehicle.
    (b-5) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through
the Internet.
    (c) Except as provided under Section 11-208.8 of this
Code, a county or municipality, including a home rule county
or municipality, may not use an automated traffic law
enforcement system to provide recorded images of a motor
vehicle for the purpose of recording its speed. Except as
provided under Section 11-208.8 of this Code, the regulation
of the use of automated traffic law enforcement systems to
record vehicle speeds is an exclusive power and function of
the State. This subsection (c) is a denial and limitation of
home rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
    (c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law
enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local
ordinance.
    (c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the
arrival of the motorcycle due to the motorcycle's size or
weight.
    (d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
    The notice shall include:
        (1) the name and address of the registered owner of
    the vehicle;
        (2) the registration number of the motor vehicle
    involved in the violation;
        (3) the violation charged;
        (4) the location where the violation occurred;
        (5) the date and time of the violation;
        (6) a copy of the recorded images;
        (7) the amount of the civil penalty imposed and the
    requirements of any traffic education program imposed and
    the date by which the civil penalty should be paid and the
    traffic education program should be completed;
        (8) a statement that recorded images are evidence of a
    violation of a red light signal;
        (9) a warning that failure to pay the civil penalty,
    to complete a required traffic education program, or to
    contest liability in a timely manner is an admission of
    liability;
        (10) a statement that the person may elect to proceed
    by:
            (A) paying the fine, completing a required traffic
        education program, or both; or
            (B) challenging the charge in court, by mail, or
        by administrative hearing; and
        (11) a website address, accessible through the
    Internet, where the person may view the recorded images of
    the violation.
    (e) (Blank).
    (f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
    (g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for
other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
    (h) The court or hearing officer may consider in defense
of a violation:
        (1) that the motor vehicle or registration plates or
    digital registration plates of the motor vehicle were
    stolen before the violation occurred and not under the
    control of or in the possession of the owner or lessee at
    the time of the violation;
        (1.5) that the motor vehicle was hijacked before the
    violation occurred and not under the control of or in the
    possession of the owner or lessee at the time of the
    violation;
        (2) that the driver of the vehicle passed through the
    intersection when the light was red either (i) in order to
    yield the right-of-way to an emergency vehicle or (ii) as
    part of a funeral procession; and
        (3) any other evidence or issues provided by municipal
    or county ordinance.
    (i) To demonstrate that the motor vehicle was hijacked or
the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the motor vehicle or
registration plates was filed with a law enforcement agency in
a timely manner.
    (j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an
automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle.
    (j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
    (j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to
the court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's
name and current address. The person in custody and control of
the vehicle at the time of the violation is required to
complete the required traffic education program. If the person
in custody and control of the vehicle at the time of the
violation completes the required traffic education program,
the registered owner of the vehicle is not required to
complete a traffic education program.
    (k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system and
informing drivers whether, following a stop, a right turn at
the intersection is permitted or prohibited.
    (k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the
municipality or county website.
    (k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation. Beginning 6 months before it installs an
automated traffic law enforcement system at an intersection, a
county or municipality may not change the yellow change
interval at that intersection.
    (k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system and every 2 years thereafter. Each
statistical analysis shall be based upon the best available
crash, traffic, and other data, and shall cover a period of
time before and after installation of the system sufficient to
provide a statistically valid comparison of safety impact.
Each statistical analysis shall be consistent with
professional judgment and acceptable industry practice. Each
statistical analysis also shall be consistent with the data
required for valid comparisons of before and after conditions
and shall be conducted within a reasonable period following
the installation of the automated traffic law enforcement
system. Each statistical analysis required by this subsection
(k-7) shall be made available to the public and shall be
published on the website of the municipality or county. If a
statistical analysis 36-month indicates that there has been an
increase in the rate of crashes at the approach to the
intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the crashes, and may take any action that
it determines is necessary or appropriate to reduce the number
or severity of the crashes at that intersection.
    (k-8) Any municipality or county operating an automated
traffic law enforcement system before July 28, 2023 (the
effective date of Public Act 103-364) this amendatory Act of
the 103rd General Assembly shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection by no later than one
year after July 28, 2023 (the effective date of Public Act
103-364) this amendatory Act of the 103rd General Assembly and
every 2 years thereafter. The statistical analyses shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation
of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analyses shall be
consistent with professional judgment and acceptable industry
practice. The statistical analyses also shall be consistent
with the data required for valid comparisons of before and
after conditions. The statistical analyses required by this
subsection shall be made available to the public and shall be
published on the website of the municipality or county. If the
statistical analysis for any period following installation of
the system indicates that there has been an increase in the
rate of accidents at the approach to the intersection
monitored by the system, the municipality or county shall
undertake additional studies to determine the cause and
severity of the accidents, and may take any action that it
determines is necessary or appropriate to reduce the number or
severity of the accidents at that intersection.
    (l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
    (l-1) No member of the General Assembly and no officer or
employee of a municipality or county shall knowingly accept
employment or receive compensation or fees for services from a
vendor that provides automated traffic law enforcement system
equipment or services to municipalities or counties. No former
member of the General Assembly shall, within a period of 2
years immediately after the termination of service as a member
of the General Assembly, knowingly accept employment or
receive compensation or fees for services from a vendor that
provides automated traffic law enforcement system equipment or
services to municipalities or counties. No former officer or
employee of a municipality or county shall, within a period of
2 years immediately after the termination of municipal or
county employment, knowingly accept employment or receive
compensation or fees for services from a vendor that provides
automated traffic law enforcement system equipment or services
to municipalities or counties.
    (m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
    (n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
    (o) (Blank).
    (p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and
address of the lessee.
    Upon the provision of information by the lessor pursuant
to this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
    (q) If a county or municipality selects a new vendor for
its automated traffic law enforcement system and must, as a
consequence, apply for a permit, approval, or other
authorization from the Department for reinstallation of one or
more malfunctioning components of that system and if, at the
time of the application for the permit, approval, or other
authorization, the new vendor operates an automated traffic
law enforcement system for any other county or municipality in
the State, then the Department shall approve or deny the
county or municipality's application for the permit, approval,
or other authorization within 90 days after its receipt.
    (r) The Department may revoke any permit, approval, or
other authorization granted to a county or municipality for
the placement, installation, or operation of an automated
traffic law enforcement system if any official or employee who
serves that county or municipality is charged with bribery,
official misconduct, or a similar crime related to the
placement, installation, or operation of the automated traffic
law enforcement system in the county or municipality.
    The Department shall adopt any rules necessary to
implement and administer this subsection. The rules adopted by
the Department shall describe the revocation process, shall
ensure that notice of the revocation is provided, and shall
provide an opportunity to appeal the revocation. Any county or
municipality that has a permit, approval, or other
authorization revoked under this subsection may not reapply
for such a permit, approval, or other authorization for a
period of one 1 year after the revocation.
    (s) If an automated traffic law enforcement system is
removed or rendered inoperable due to construction, then the
Department shall authorize the reinstallation or use of the
automated traffic law enforcement system within 30 days after
the construction is complete.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised
1-30-24.)
 
    (625 ILCS 5/11-305)  (from Ch. 95 1/2, par. 11-305)
    Sec. 11-305. Obedience to and required traffic-control
devices.
    (a) The driver of any vehicle shall obey the instructions
of any official traffic-control device applicable thereto
placed or held in accordance with the provisions of this Act,
unless otherwise directed by a police officer, subject to the
exceptions granted the driver of an authorized emergency
vehicle in this Act.
    (b) It is unlawful for any person to leave the roadway and
travel across private property to avoid an official
traffic-control traffic control device.
    (c) No provision of this Act for which official
traffic-control devices are required shall be enforced against
an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and
sufficiently legible to be seen by an ordinarily observant
person. Whenever a particular section does not state that
official traffic-control devices are required, such section
shall be effective even though no devices are erected or in
place.
    (d) Whenever any official traffic-control device is placed
or held in position approximately conforming to the
requirements of this Act and purports to conform to the lawful
requirements pertaining to such device, such device shall be
presumed to have been so placed or held by the official act or
direction of lawful authority, and comply with the
requirements of this Act, unless the contrary shall be
established by competent evidence.
    (e) The driver of a vehicle approaching a traffic control
signal on which no signal light facing such vehicle is
illuminated shall stop before entering the intersection in
accordance with rules applicable in making a stop at a stop
sign. This provision does not apply to the driver of a vehicle
approaching a pedestrian hybrid beacon.
    (f) Any violation of subsection (a) that occurs within a
designated highway construction zone or maintenance zone shall
result in a fine of no less than $100 and no more than $1,000.
(Source: P.A. 103-158, eff. 1-1-24; revised 1-2-24.)
 
    Section 545. The Public-Private Partnerships for
Transportation Act is amended by changing Section 19 as
follows:
 
    (630 ILCS 5/19)
    Sec. 19. Unsolicited proposals.
    (a) A responsible public entity may receive unsolicited
proposals for a project and may thereafter enter into a
public-private agreement with a private entity, or a
consortium of private entities, for the design, construction,
upgrading, operating, ownership, or financing of facilities.
    (b) A responsible public entity may consider, evaluate,
and accept an unsolicited proposal for a public-private
partnership project from a private entity if the proposal:
        (1) is independently developed and drafted by the
    proposer without responsible public entity supervision;
        (2) shows that the proposed project could benefit the
    transportation system;
        (3) includes a financing plan to allow the project to
    move forward pursuant to the applicable responsible public
    entity's budget and finance requirements; and
        (4) includes sufficient detail and information for the
    responsible public entity to evaluate the proposal in an
    objective and timely manner and permit a determination
    that the project would be worthwhile.
    (c) The unsolicited proposal shall include the following:
        (1) an executive summary covering the major elements
    of the proposal;
        (2) qualifications concerning the experience,
    expertise, technical competence, and qualifications of the
    private entity and of each member of its management team
    and of other key employees, consultants, and
    subcontractors, including the name, address, and
    professional designation;
        (3) a project description, including, when applicable:
            (A) the limits, scope, and location of the
        proposed project;
            (B) right-of-way requirements;
            (C) connections with other facilities and
        improvements to those facilities necessary if the
        project is developed;
            (D) a conceptual project design; and
            (E) a statement of the project's relationship to
        and impact upon relevant existing plans of the
        responsible public entity;
        (4) a facilities project schedule, including when
    applicable, estimates of:
            (A) dates of contract award;
            (B) start of construction;
            (C) completion of construction;
            (D) start of operations; and
            (E) major maintenance or reconstruction activities
        during the life of the proposed project agreement;
        (5) an operating plan describing the operation of the
    completed facility if operation of a facility is part of
    the proposal, describing the management structure and
    approach, the proposed period of operations, enforcement,
    emergency response, and other relevant information;
        (6) a finance plan describing the proposed financing
    of the project, identifying the source of funds to, where
    applicable, design, construct, maintain, and manage the
    project during the term of the proposed contract; and
        (7) the legal basis for the project and licenses and
    certifications; the private entity must demonstrate that
    it has all licenses and certificates necessary to complete
    the project.
    (d) Within 120 days after receiving an unsolicited
proposal, the responsible public entity shall complete a
preliminary evaluation of the unsolicited proposal and shall
either:
        (1) if the preliminary evaluation is unfavorable,
    return the proposal without further action;
        (2) if the preliminary evaluation is favorable, notify
    the proposer that the responsible public entity will
    further evaluate the proposal; or
        (3) request amendments, clarification, or modification
    of the unsolicited proposal.
    (e) The procurement process for unsolicited proposals
shall be as follows:
        (1) If the responsible public entity chooses to
    further evaluate an unsolicited proposal with the intent
    to enter into a public-private agreement for the proposed
    project, then the responsible public entity shall publish
    notice in the Illinois Procurement Bulletin or in a
    newspaper of general circulation covering the location of
    the project at least once a week for 2 weeks stating that
    the responsible public entity has received a proposal and
    will accept other proposals for the same project. The time
    frame within which the responsible public entity may
    accept other proposals shall be determined by the
    responsible public entity on a project-by-project basis
    based upon the complexity of the transportation project
    and the public benefit to be gained by allowing a longer or
    shorter period of time within which other proposals may be
    received; however, the time frame for allowing other
    proposals must be at least 21 days, but no more than 120
    days, after the initial date of publication.
        (2) A copy of the notice must be mailed to each local
    government directly affected by the transportation
    project.
        (3) The responsible public entity shall provide
    reasonably sufficient information, including the identity
    of its contact person, to enable other private entities to
    make proposals.
        (4) If, after no less than 120 days, no
    counterproposal is received, or if the counterproposals
    are evaluated and found to be equal to or inferior to the
    original unsolicited proposal, the responsible public
    entity may proceed to negotiate a contract with the
    original proposer.
        (5) If, after no less than 120 days, one or more
    counterproposals meeting unsolicited proposal standards
    are received, and if, in the opinion of the responsible
    public entity, the counterproposals are evaluated and
    found to be superior to the original unsolicited proposal,
    the responsible public entity shall proceed to determine
    the successful participant through a final procurement
    phase known as "Best and Final Offer" (BAFO). The BAFO is a
    process whereby a responsible public entity shall invite
    the original private sector party and the proponent
    submitting the superior counterproposal to engage in a
    BAFO phase. The invitation to participate in the BAFO
    phase will provide to each participating proposer:
            (A) the general concepts that were considered
        superior to the original proposal, while keeping
        proprietary information contained in the proposals
        confidential to the extent possible; and
            (B) the preestablished evaluation criteria or the
        "basis of award" to be used to determine the
        successful proponent.
        (6) Offers received in response to the BAFO invitation
    will be reviewed by the responsible public entity and
    scored in accordance with a preestablished criteria, or
    alternatively, in accordance with the basis of award
    provision identified through the BAFO process. The
    successful proponent will be the proponent offering "best
    value" to the responsible public entity.
        (7) In all cases, the basis of award will be the best
    value to the responsible public entity, as determined by
    the responsible public entity.
    (f) After a comprehensive evaluation and acceptance of an
unsolicited proposal and any alternatives, the responsible
public entity may commence negotiations with a proposer,
considering:
        (1) the proposal has received a favorable
    comprehensive evaluation;
        (2) the proposal is not duplicative of existing
    infrastructure project;
        (3) the alternative proposal does not closely resemble
    a pending competitive proposal for a public-private
    private partnership or other procurement;
        (4) the proposal demonstrates a unique method,
    approach, or concept;
        (5) facts and circumstances that preclude or warrant
    additional competition;
        (6) the availability of any funds, debts, or assets
    that the State will contribute to the project;
        (7) facts and circumstances demonstrating that the
    project will likely have a significant adverse impact on
    on State bond ratings; and
        (8) indemnifications included in the proposal.
(Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
 
    Section 550. The Clerks of Courts Act is amended by
changing Section 27.1b as follows:
 
    (705 ILCS 105/27.1b)
    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an
itemized bill to the unit of local government or school
district, within 30 days of the fee being incurred, and the
unit of local government or school district shall be allowed
at least 30 days from the date of the itemized bill to pay;
these payments shall be disbursed by each clerk on a monthly
basis. Unless otherwise specified in this Section, the amount
of a fee shall be determined by ordinance or resolution of the
county board and remitted to the county treasurer to be used
for purposes related to the operation of the court system in
the county. In a county with a population of over 3,000,000,
any amount retained by the clerk of the circuit court or
remitted to the county treasurer shall be subject to
appropriation by the county board.
    (a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
        (1) SCHEDULE 1: not to exceed a total of $366 in a
    county with a population of 3,000,000 or more and not to
    exceed $316 in any other county, except as applied to
    units of local government and school districts in counties
    with more than 3,000,000 inhabitants an amount not to
    exceed $190 through December 31, 2021 and $184 on and
    after January 1, 2022. The fees collected under this
    schedule shall be disbursed as follows:
            (A) The clerk shall retain a sum, in an amount not
        to exceed $55 in a county with a population of
        3,000,000 or more and in an amount not to exceed $45 in
        any other county determined by the clerk with the
        approval of the Supreme Court, to be used for court
        automation, court document storage, and administrative
        purposes.
            (B) The clerk shall remit up to $21 to the State
        Treasurer. The State Treasurer shall deposit the
        appropriate amounts, in accordance with the clerk's
        instructions, as follows:
                (i) up to $10, as specified by the Supreme
            Court in accordance with Part 10A of Article II of
            the Code of Civil Procedure, into the Mandatory
            Arbitration Fund;
                (ii) $2 into the Access to Justice Fund; and
                (iii) $9 into the Supreme Court Special
            Purposes Fund.
            (C) The clerk shall remit a sum to the County
        Treasurer, in an amount not to exceed $290 in a county
        with a population of 3,000,000 or more and in an amount
        not to exceed $250 in any other county, as specified by
        ordinance or resolution passed by the county board,
        for purposes related to the operation of the court
        system in the county.
        (2) SCHEDULE 2: not to exceed a total of $357 in a
    county with a population of 3,000,000 or more and not to
    exceed $266 in any other county, except as applied to
    units of local government and school districts in counties
    with more than 3,000,000 inhabitants an amount not to
    exceed $190 through December 31, 2021 and $184 on and
    after January 1, 2022. The fees collected under this
    schedule shall be disbursed as follows:
            (A) The clerk shall retain a sum, in an amount not
        to exceed $55 in a county with a population of
        3,000,000 or more and in an amount not to exceed $45 in
        any other county determined by the clerk with the
        approval of the Supreme Court, to be used for court
        automation, court document storage, and administrative
        purposes.
            (B) The clerk shall remit up to $21 to the State
        Treasurer. The State Treasurer shall deposit the
        appropriate amounts, in accordance with the clerk's
        instructions, as follows:
                (i) up to $10, as specified by the Supreme
            Court in accordance with Part 10A of Article II of
            the Code of Civil Procedure, into the Mandatory
            Arbitration Fund;
                (ii) $2 into the Access to Justice Fund: and
                (iii) $9 into the Supreme Court Special
            Purposes Fund.
            (C) The clerk shall remit a sum to the County
        Treasurer, in an amount not to exceed $281 in a county
        with a population of 3,000,000 or more and in an amount
        not to exceed $200 in any other county, as specified by
        ordinance or resolution passed by the county board,
        for purposes related to the operation of the court
        system in the county.
        (3) SCHEDULE 3: not to exceed a total of $265 in a
    county with a population of 3,000,000 or more and not to
    exceed $89 in any other county, except as applied to units
    of local government and school districts in counties with
    more than 3,000,000 inhabitants an amount not to exceed
    $190 through December 31, 2021 and $184 on and after
    January 1, 2022. The fees collected under this schedule
    shall be disbursed as follows:
            (A) The clerk shall retain a sum, in an amount not
        to exceed $55 in a county with a population of
        3,000,000 or more and in an amount not to exceed $22 in
        any other county determined by the clerk with the
        approval of the Supreme Court, to be used for court
        automation, court document storage, and administrative
        purposes.
            (B) The clerk shall remit $11 to the State
        Treasurer. The State Treasurer shall deposit the
        appropriate amounts in accordance with the clerk's
        instructions, as follows:
                (i) $2 into the Access to Justice Fund; and
                (ii) $9 into the Supreme Court Special
            Purposes Fund.
            (C) The clerk shall remit a sum to the County
        Treasurer, in an amount not to exceed $199 in a county
        with a population of 3,000,000 or more and in an amount
        not to exceed $56 in any other county, as specified by
        ordinance or resolution passed by the county board,
        for purposes related to the operation of the court
        system in the county.
        (4) SCHEDULE 4: $0.
    (b) Appearance. The fee for filing an appearance in a
civil action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
        (1) SCHEDULE 1: not to exceed a total of $230 in a
    county with a population of 3,000,000 or more and not to
    exceed $191 in any other county, except as applied to
    units of local government and school districts in counties
    with more than 3,000,000 inhabitants an amount not to
    exceed $75. The fees collected under this schedule shall
    be disbursed as follows:
            (A) The clerk shall retain a sum, in an amount not
        to exceed $50 in a county with a population of
        3,000,000 or more and in an amount not to exceed $45 in
        any other county determined by the clerk with the
        approval of the Supreme Court, to be used for court
        automation, court document storage, and administrative
        purposes.
            (B) The clerk shall remit up to $21 to the State
        Treasurer. The State Treasurer shall deposit the
        appropriate amounts, in accordance with the clerk's
        instructions, as follows:
                (i) up to $10, as specified by the Supreme
            Court in accordance with Part 10A of Article II of
            the Code of Civil Procedure, into the Mandatory
            Arbitration Fund;
                (ii) $2 into the Access to Justice Fund; and
                (iii) $9 into the Supreme Court Special
            Purposes Fund.
            (C) The clerk shall remit a sum to the County
        Treasurer, in an amount not to exceed $159 in a county
        with a population of 3,000,000 or more and in an amount
        not to exceed $125 in any other county, as specified by
        ordinance or resolution passed by the county board,
        for purposes related to the operation of the court
        system in the county.
        (2) SCHEDULE 2: not to exceed a total of $130 in a
    county with a population of 3,000,000 or more and not to
    exceed $109 in any other county, except as applied to
    units of local government and school districts in counties
    with more than 3,000,000 inhabitants an amount not to
    exceed $75. The fees collected under this schedule shall
    be disbursed as follows:
            (A) The clerk shall retain a sum, in an amount not
        to exceed $50 in a county with a population of
        3,000,000 or more and in an amount not to exceed $10 in
        any other county determined by the clerk with the
        approval of the Supreme Court, to be used for court
        automation, court document storage, and administrative
        purposes.
            (B) The clerk shall remit $9 to the State
        Treasurer, which the State Treasurer shall deposit
        into the Supreme Court Special Purposes Fund.
            (C) The clerk shall remit a sum to the County
        Treasurer, in an amount not to exceed $71 in a county
        with a population of 3,000,000 or more and in an amount
        not to exceed $90 in any other county, as specified by
        ordinance or resolution passed by the county board,
        for purposes related to the operation of the court
        system in the county.
        (3) SCHEDULE 3: $0.
    (b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
    (c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third
party complaint, less the amount of the appearance fee, if
any, that the defendant has already paid in the action in which
the counterclaim or third party complaint is filed.
    (d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
    (e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid
by either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
    (f) Change of venue. In connection with a change of venue:
        (1) The clerk of the jurisdiction from which the case
    is transferred may charge a fee, not to exceed $40, for the
    preparation and certification of the record; and
        (2) The clerk of the jurisdiction to which the case is
    transferred may charge the same filing fee as if it were
    the commencement of a new suit.
    (g) Petition to vacate or modify.
        (1) In a proceeding involving a petition to vacate or
    modify any final judgment or order filed within 30 days
    after the judgment or order was entered, except for an
    eviction case, small claims case, petition to reopen an
    estate, petition to modify, terminate, or enforce a
    judgment or order for child or spousal support, or
    petition to modify, suspend, or terminate an order for
    withholding, the fee shall not exceed $60 in a county with
    a population of 3,000,000 or more and shall not exceed $50
    in any other county, except as applied to units of local
    government and school districts in counties with more than
    3,000,000 inhabitants an amount not to exceed $50.
        (2) In a proceeding involving a petition to vacate or
    modify any final judgment or order filed more than 30 days
    after the judgment or order was entered, except for a
    petition to modify, terminate, or enforce a judgment or
    order for child or spousal support, or petition to modify,
    suspend, or terminate an order for withholding, the fee
    shall not exceed $75.
        (3) In a proceeding involving a motion to vacate or
    amend a final order, motion to vacate an ex parte
    judgment, judgment of forfeiture, or "failure to appear"
    or "failure to comply" notices sent to the Secretary of
    State, the fee shall equal $40.
    (h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
        (1) if the record contains no more than 100 pages, the
    fee shall not exceed $70 in a county with a population of
    3,000,000 or more and shall not exceed $50 in any other
    county;
        (2) if the record contains between 100 and 200 pages,
    the fee shall not exceed $100; and
        (3) if the record contains 200 or more pages, the
    clerk may collect an additional fee not to exceed 25 cents
    per page.
    (i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
    (j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
        (1) if the amount in controversy in the proceeding is
    not more than $1,000, the fee may not exceed $35 in a
    county with a population of 3,000,000 or more and may not
    exceed $15 in any other county, except as applied to units
    of local government and school districts in counties with
    more than 3,000,000 inhabitants an amount not to exceed
    $15;
        (2) if the amount in controversy in the proceeding is
    greater than $1,000 and not more than $5,000, the fee may
    not exceed $45 in a county with a population of 3,000,000
    or more and may not exceed $30 in any other county, except
    as applied to units of local government and school
    districts in counties with more than 3,000,000 inhabitants
    an amount not to exceed $30; and
        (3) if the amount in controversy in the proceeding is
    greater than $5,000, the fee may not exceed $65 in a county
    with a population of 3,000,000 or more and may not exceed
    $50 in any other county, except as applied to units of
    local government and school districts in counties with
    more than 3,000,000 inhabitants an amount not to exceed
    $50.
    (j-5) Debt collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
        (1) $35 if the amount in controversy in the proceeding
    is not more than $1,000;
        (2) $45 if the amount in controversy in the proceeding
    is greater than $1,000 and not more than $5,000; and
        (3) $65 if the amount in controversy in the proceeding
    is greater than $5,000.
    (k) Collections.
        (1) For all collections made of others, except the
    State and county and except in maintenance or child
    support cases, the clerk may collect a fee of up to 2.5% of
    the amount collected and turned over.
        (2) In child support and maintenance cases, the clerk
    may collect an annual fee of up to $36 from the person
    making payment for maintaining child support records and
    the processing of support orders to the State of Illinois
    KIDS system and the recording of payments issued by the
    State Disbursement Unit for the official record of the
    Court. This fee is in addition to and separate from
    amounts ordered to be paid as maintenance or child support
    and shall be deposited into a Separate Maintenance and
    Child Support Collection Fund, of which the clerk shall be
    the custodian, ex officio, to be used by the clerk to
    maintain child support orders and record all payments
    issued by the State Disbursement Unit for the official
    record of the Court. The clerk may recover from the person
    making the maintenance or child support payment any
    additional cost incurred in the collection of this annual
    fee.
        (3) The clerk may collect a fee of $5 for
    certifications made to the Secretary of State as provided
    in Section 7-703 of the Illinois Vehicle Code, and this
    fee shall be deposited into the Separate Maintenance and
    Child Support Collection Fund.
        (4) In proceedings to foreclose the lien of delinquent
    real estate taxes, State's Attorneys shall receive a fee
    of 10% of the total amount realized from the sale of real
    estate sold in the proceedings. The clerk shall collect
    the fee from the total amount realized from the sale of the
    real estate sold in the proceedings and remit to the
    County Treasurer to be credited to the earnings of the
    Office of the State's Attorney.
    (l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
    (m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
    (n) Certification, authentication, and reproduction.
        (1) The fee for each certification or authentication
    for taking the acknowledgment of a deed or other
    instrument in writing with the seal of office shall not
    exceed $6.
        (2) The fee for reproduction of any document contained
    in the clerk's files shall not exceed:
            (A) $2 for the first page;
            (B) 50 cents per page for the next 19 pages; and
            (C) 25 cents per page for all additional pages.
    (o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
    (p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
    (q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
    (r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
    (s) Voluntary assignment. For filing each deed of
voluntary assignment, the clerk shall collect a fee not to
exceed $20. For recording a deed of voluntary assignment, the
clerk shall collect a fee not to exceed 50 cents for each 100
words. Exceptions filed to claims presented to an assignee of
a debtor who has made a voluntary assignment for the benefit of
creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
    (t) Expungement petition. Except as provided in Sections
1-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may
collect a fee not to exceed $60 for each expungement petition
filed and an additional fee not to exceed $4 for each certified
copy of an order to expunge arrest records.
    (u) Transcripts of judgment. For the filing of a
transcript of judgment, the clerk may collect the same fee as
if it were the commencement of a new suit.
    (v) Probate filings.
        (1) For each account (other than one final account)
    filed in the estate of a decedent, or ward, the fee shall
    not exceed $25.
        (2) For filing a claim in an estate when the amount
    claimed is greater than $150 and not more than $500, the
    fee shall not exceed $40 in a county with a population of
    3,000,000 or more and shall not exceed $25 in any other
    county; when the amount claimed is greater than $500 and
    not more than $10,000, the fee shall not exceed $55 in a
    county with a population of 3,000,000 or more and shall
    not exceed $40 in any other county; and when the amount
    claimed is more than $10,000, the fee shall not exceed $75
    in a county with a population of 3,000,000 or more and
    shall not exceed $60 in any other county; except the court
    in allowing a claim may add to the amount allowed the
    filing fee paid by the claimant.
        (3) For filing in an estate a claim, petition, or
    supplemental proceeding based upon an action seeking
    equitable relief including the construction or contest of
    a will, enforcement of a contract to make a will, and
    proceedings involving testamentary trusts or the
    appointment of testamentary trustees, the fee shall not
    exceed $60.
        (4) There shall be no fee for filing in an estate: (i)
    the appearance of any person for the purpose of consent;
    or (ii) the appearance of an executor, administrator,
    administrator to collect, guardian, guardian ad litem, or
    special administrator.
        (5) For each jury demand, the fee shall not exceed
    $137.50.
        (6) For each certified copy of letters of office, of
    court order, or other certification, the fee shall not
    exceed $2 per page.
        (7) For each exemplification, the fee shall not exceed
    $2, plus the fee for certification.
        (8) The executor, administrator, guardian, petitioner,
    or other interested person or his or her attorney shall
    pay the cost of publication by the clerk directly to the
    newspaper.
        (9) The person on whose behalf a charge is incurred
    for witness, court reporter, appraiser, or other
    miscellaneous fees shall pay the same directly to the
    person entitled thereto.
        (10) The executor, administrator, guardian,
    petitioner, or other interested person or his or her
    attorney shall pay to the clerk all postage charges
    incurred by the clerk in mailing petitions, orders,
    notices, or other documents pursuant to the provisions of
    the Probate Act of 1975.
    (w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
    (x) Miscellaneous.
        (1) Interest earned on any fees collected by the clerk
    shall be turned over to the county general fund as an
    earning of the office.
        (2) For any check, draft, or other bank instrument
    returned to the clerk for non-sufficient funds, account
    closed, or payment stopped, the clerk shall collect a fee
    of $25.
    (y) Other fees. Any fees not covered in this Section shall
be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other
than those services mentioned in this Section, as may be
requested by the public and agreed to by the clerk and approved
by the Chief Judge. Any charges for additional services shall
be as agreed to between the clerk and the party making the
request and approved by the Chief Judge. Nothing in this
subsection shall be construed to require any clerk to provide
any service not otherwise required by law.
    (y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid
after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and
used to defray additional administrative costs incurred by the
clerk of the circuit court in collecting unpaid fees and
costs.
    (z) Exceptions.
        (1) No fee authorized by this Section shall apply to:
            (A) police departments or other law enforcement
        agencies. In this Section, "law enforcement agency"
        means: an agency of the State or agency of a unit of
        local government which is vested by law or ordinance
        with the duty to maintain public order and to enforce
        criminal laws or ordinances; the Attorney General; or
        any State's Attorney;
            (A-5) any unit of local government or school
        district, except in counties having a population of
        500,000 or more the county board may by resolution set
        fees for units of local government or school districts
        no greater than the minimum fees applicable in
        counties with a population less than 3,000,000;
        provided however, no fee may be charged to any unit of
        local government or school district in connection with
        any action which, in whole or in part, is: (i) to
        enforce an ordinance; (ii) to collect a debt; or (iii)
        under the Administrative Review Law;
            (B) any action instituted by the corporate
        authority of a municipality with more than 1,000,000
        inhabitants under Section 11-31-1 of the Illinois
        Municipal Code and any action instituted under
        subsection (b) of Section 11-31-1 of the Illinois
        Municipal Code by a private owner or tenant of real
        property within 1,200 feet of a dangerous or unsafe
        building seeking an order compelling the owner or
        owners of the building to take any of the actions
        authorized under that subsection;
            (C) any commitment petition or petition for an
        order authorizing the administration of psychotropic
        medication or electroconvulsive therapy under the
        Mental Health and Developmental Disabilities Code;
            (D) a petitioner in any order of protection
        proceeding, including, but not limited to, fees for
        filing, modifying, withdrawing, certifying, or
        photocopying petitions for orders of protection,
        issuing alias summons, any related filing service, or
        certifying, modifying, vacating, or photocopying any
        orders of protection;
            (E) proceedings for the appointment of a
        confidential intermediary under the Adoption Act;
            (F) a minor subject to Article III, IV, or V of the
        Juvenile Court Act of 1987, or the minor's parent,
        guardian, or legal custodian; or
            (G) a minor under the age of 18 transferred to
        adult court or excluded from juvenile court
        jurisdiction under Article V of the Juvenile Court Act
        of 1987, or the minor's parent, guardian, or legal
        custodian.
        (2) No fee other than the filing fee contained in the
    applicable schedule in subsection (a) shall be charged to
    any person in connection with an adoption proceeding.
        (3) Upon good cause shown, the court may waive any
    fees associated with a special needs adoption. The term
    "special needs adoption" has the meaning provided by the
    Illinois Department of Children and Family Services.
(Source: P.A. 102-145, eff. 7-23-21; 102-278, eff. 8-6-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-4, eff.
5-31-23; 103-379, eff. 7-28-23; revised 8-30-23.)
 
    Section 555. The Juvenile Court Act of 1987 is amended by
changing Sections 1-8, 2-3, 2-6, 2-9, 2-10, 2-20, 2-28, 3-5,
3-6, 3-16, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-8, 4-9, 4-14,
4-16, 4-18, 4-21, 5-105, 5-120, 5-401.6, 5-410, 5-525, 5-601,
5-610, 5-615, 5-625, 5-705, 5-710, 5-715, 5-810, 5-915, 6-7,
6-9, and 6-10 as follows:
 
    (705 ILCS 405/1-8)
    Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
    (A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use
is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
        (1) The minor who is the subject of record, the
    minor's parents, guardian, and counsel.
        (2) Law enforcement officers and law enforcement
    agencies when such information is essential to executing
    an arrest or search warrant or other compulsory process,
    or to conducting an ongoing investigation or relating to a
    minor who has been adjudicated delinquent and there has
    been a previous finding that the act which constitutes the
    previous offense was committed in furtherance of criminal
    activities by a criminal street gang.
        Before July 1, 1994, for the purposes of this Section,
    "criminal street gang" means any ongoing organization,
    association, or group of 3 or more persons, whether formal
    or informal, having as one of its primary activities the
    commission of one or more criminal acts and that has a
    common name or common identifying sign, symbol, or
    specific color apparel displayed, and whose members
    individually or collectively engage in or have engaged in
    a pattern of criminal activity.
        Beginning July 1, 1994, for purposes of this Section,
    "criminal street gang" has the meaning ascribed to it in
    Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        (3) Judges, hearing officers, prosecutors, public
    defenders, probation officers, social workers, or other
    individuals assigned by the court to conduct a
    pre-adjudication or pre-disposition investigation, and
    individuals responsible for supervising or providing
    temporary or permanent care and custody for minors under
    the order of the juvenile court when essential to
    performing their responsibilities.
        (4) Judges, federal, State, and local prosecutors,
    public defenders, probation officers, and designated
    staff:
            (a) in the course of a trial when institution of
        criminal proceedings has been permitted or required
        under Section 5-805;
            (b) when criminal proceedings have been permitted
        or required under Section 5-805 and a minor is the
        subject of a proceeding to determine the conditions of
        pretrial release;
            (c) when criminal proceedings have been permitted
        or required under Section 5-805 and a minor is the
        subject of a pre-trial investigation, pre-sentence
        investigation or fitness hearing, or proceedings on an
        application for probation; or
            (d) when a minor becomes 18 years of age or older,
        and is the subject of criminal proceedings, including
        a hearing to determine the conditions of pretrial
        release, a pre-trial investigation, a pre-sentence
        investigation, a fitness hearing, or proceedings on an
        application for probation.
        (5) Adult and Juvenile Prisoner Review Boards.
        (6) Authorized military personnel.
        (6.5) Employees of the federal government authorized
    by law.
        (7) Victims, their subrogees and legal
    representatives; however, such persons shall have access
    only to the name and address of the minor and information
    pertaining to the disposition or alternative adjustment
    plan of the juvenile court.
        (8) Persons engaged in bona fide research, with the
    permission of the presiding judge of the juvenile court
    and the chief executive of the agency that prepared the
    particular records; provided that publication of such
    research results in no disclosure of a minor's identity
    and protects the confidentiality of the record.
        (9) The Secretary of State to whom the Clerk of the
    Court shall report the disposition of all cases, as
    required in Section 6-204 of the Illinois Vehicle Code.
    However, information reported relative to these offenses
    shall be privileged and available only to the Secretary of
    State, courts, and police officers.
        (10) The administrator of a bonafide substance abuse
    student assistance program with the permission of the
    presiding judge of the juvenile court.
        (11) Mental health professionals on behalf of the
    Department of Corrections or the Department of Human
    Services or prosecutors who are evaluating, prosecuting,
    or investigating a potential or actual petition brought
    under the Sexually Violent Persons Commitment Act relating
    to a person who is the subject of juvenile court records or
    the respondent to a petition brought under the Sexually
    Violent Persons Commitment Act, who is the subject of
    juvenile court records sought. Any records and any
    information obtained from those records under this
    paragraph (11) may be used only in sexually violent
    persons commitment proceedings.
        (12) (Blank).
    (A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding
Judge of the Juvenile Court, to the Department of Healthcare
and Family Services when necessary to discharge the duties of
the Department of Healthcare and Family Services under Article
X of the Illinois Public Aid Code.
    (B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
    (C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records are
sought.
    (0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
    (0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor,
and the minor's parents, guardian, and counsel shall at all
times have the right to examine court files and records.
    (0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding,
or operate to disqualify a minor from subsequently holding
public office, or operate as a forfeiture of any public
benefit, right, privilege, or right to receive any license
granted by public authority.
    (D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights of Crime for Victims and Witnesses of Violent Crime
Act; and the juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
    (E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the
federal government, or any state, county, or municipality
examining the character and fitness of an applicant for
employment with a law enforcement agency, correctional
institution, or fire department to ascertain whether that
applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records of disposition or evidence which
were made in proceedings under this Act.
    (F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school.
Access to the dispositional order shall be limited to the
principal or chief administrative officer of the school and
any school counselor designated by the principal or chief
administrative officer.
    (G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
    (H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that court
shall request, and the court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
juvenile court record, including all documents, petitions, and
orders filed and the minute orders, transcript of proceedings,
and docket entries of the court.
    (I) The Clerk of the Circuit Court shall report to the
Illinois State Police, in the form and manner required by the
Illinois State Police, the final disposition of each minor who
has been arrested or taken into custody before the minor's
18th birthday for those offenses required to be reported under
Section 5 of the Criminal Identification Act. Information
reported to the Illinois State Police Department under this
Section may be maintained with records that the Illinois State
Police Department files under Section 2.1 of the Criminal
Identification Act.
    (J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
    (K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
    (L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff.
7-28-23; revised 8-30-23.)
 
    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
    Sec. 2-3. Neglected or abused minor.
    (1) Those who are neglected include any minor under 18
years of age or a minor 18 years of age or older for whom the
court has made a finding of probable cause to believe that the
minor is abused, neglected, or dependent under subsection (1)
of Section 2-10 prior to the minor's 18th birthday:
        (a) who is not receiving the proper or necessary
    support, education as required by law, or medical or other
    remedial care recognized under State law as necessary for
    a minor's well-being, or other care necessary for the
    minor's well-being, including adequate food, clothing, and
    shelter, or who is abandoned by the minor's parent or
    parents or other person or persons responsible for the
    minor's welfare, except that a minor shall not be
    considered neglected for the sole reason that the minor's
    parent or parents or other person or persons responsible
    for the minor's welfare have left the minor in the care of
    an adult relative for any period of time, who the parent or
    parents or other person responsible for the minor's
    welfare know is both a mentally capable adult relative and
    physically capable adult relative, as defined by this Act;
    or
        (b) whose environment is injurious to the minor's
    welfare; or
        (c) who is a any newborn infant whose blood, urine, or
    meconium contains any amount of a controlled substance as
    defined in subsection (f) of Section 102 of the Illinois
    Controlled Substances Act, as now or hereafter amended, or
    a metabolite of a controlled substance, with the exception
    of controlled substances or metabolites of such
    substances, the presence of which in the newborn infant is
    the result of medical treatment administered to the person
    who gave birth or the newborn infant; or
        (d) any minor whose parent or other person responsible
    for the minor's welfare leaves the minor without
    supervision for an unreasonable period of time without
    regard for the mental or physical health, safety, or
    welfare of that minor. Whether the minor was left without
    regard for the mental or physical health, safety, or
    welfare of that minor or the period of time was
    unreasonable shall be determined by considering the
    following factors, including, but not limited to, the
    following:
            (1) the age of the minor;
            (2) the number of minors left at the location;
            (3) the special needs of the minor, including
        whether the minor is a person with a physical or mental
        disability, or is otherwise in need of ongoing
        prescribed medical treatment, such as periodic doses
        of insulin or other medications;
            (4) the duration of time in which the minor was
        left without supervision;
            (5) the condition and location of the place where
        the minor was left without supervision;
            (6) the time of day or night when the minor was
        left without supervision;
            (7) the weather conditions, including whether the
        minor was left in a location with adequate protection
        from the natural elements, such as adequate heat or
        light;
            (8) the location of the parent or guardian at the
        time the minor was left without supervision and , the
        physical distance the minor was from the parent or
        guardian at the time the minor was without
        supervision;
            (9) whether the minor's movement was restricted,
        or the minor was otherwise locked within a room or
        other structure;
            (10) whether the minor was given a phone number of
        a person or location to call in the event of an
        emergency and whether the minor was capable of making
        an emergency call;
            (11) whether there was food and other provision
        left for the minor;
            (12) whether any of the conduct is attributable to
        economic hardship or illness and the parent, guardian,
        or other person having physical custody or control of
        the child made a good faith effort to provide for the
        health and safety of the minor;
            (13) the age and physical and mental capabilities
        of the person or persons who provided supervision for
        the minor;
            (14) whether the minor was left under the
        supervision of another person;
            (15) any other factor that would endanger the
        health and safety of that particular minor; or
        (e) any minor who has been provided with interim
    crisis intervention services under Section 3-5 of this Act
    and whose parent, guardian, or custodian refuses to permit
    the minor to return home unless the minor is an immediate
    physical danger to the minor or others living in the home.
    A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
    (1.5) A minor shall not be considered neglected for the
sole reason that the minor's parent or other person
responsible for the minor's welfare permits the minor to
engage in independent activities unless the minor was
permitted to engage in independent activities under
circumstances presenting unreasonable risk of harm to the
minor's mental or physical health, safety, or well-being.
"Independent activities" includes, but is not limited to:
        (a) traveling to and from school, including by
    walking, running, or bicycling;
        (b) traveling to and from nearby commercial or
    recreational facilities;
        (c) engaging in outdoor play;
        (d) remaining in a vehicle unattended, except as
    otherwise provided by law;
        (e) remaining at home or at a similarly appropriate
    location unattended; or
        (f) engaging in a similar independent activity alone
    or with other children.
    In determining whether an independent activity presented
unreasonable risk of harm, the court shall consider:
        (1) whether the activity is accepted as suitable for
    minors of the same age, maturity level, and developmental
    capacity as the involved minor;
        (2) the factors listed in items (1) through (15) of
    paragraph (d) of subsection (1); and
        (3) any other factor the court deems relevant.
    (2) Those who are abused include any minor under 18 years
of age or a minor 18 years of age or older for whom the court
has made a finding of probable cause to believe that the minor
is abused, neglected, or dependent under subsection (1) of
Section 2-10 prior to the minor's 18th birthday whose parent
or immediate family member, or any person responsible for the
minor's welfare, or any person who is in the same family or
household as the minor, or any individual residing in the same
home as the minor, or a paramour of the minor's parent:
        (i) inflicts, causes to be inflicted, or allows to be
    inflicted upon such minor physical injury, by other than
    accidental means, which causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (ii) creates a substantial risk of physical injury to
    such minor by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    emotional health, or loss or impairment of any bodily
    function;
        (iii) commits or allows to be committed any sex
    offense against such minor, as such sex offenses are
    defined in the Criminal Code of 1961 or the Criminal Code
    of 2012, or in the Wrongs to Children Act, and extending
    those definitions of sex offenses to include minors under
    18 years of age;
        (iv) commits or allows to be committed an act or acts
    of torture upon such minor;
        (v) inflicts excessive corporal punishment;
        (vi) commits or allows to be committed the offense of
    involuntary servitude, involuntary sexual servitude of a
    minor, or trafficking in persons as defined in Section
    10-9 of the Criminal Code of 1961 or the Criminal Code of
    2012, upon such minor; or
        (vii) allows, encourages, or requires a minor to
    commit any act of prostitution, as defined in the Criminal
    Code of 1961 or the Criminal Code of 2012, and extending
    those definitions to include minors under 18 years of age.
    A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
    (3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for the minor or , the minor's parents,
guardian, or custodian.
    (4) The changes made by Public Act 101-79 this amendatory
Act of the 101st General Assembly apply to a case that is
pending on or after July 12, 2019 (the effective date of Public
Act 101-79) this amendatory Act of the 101st General Assembly.
(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
revised 8-30-23.)
 
    (705 ILCS 405/2-6)  (from Ch. 37, par. 802-6)
    Sec. 2-6. Duty of officer. (1) A law enforcement officer
who takes a minor into custody under Section 2-5 shall
immediately make a reasonable attempt to notify the parent or
other person legally responsible for the minor's care or the
person with whom the minor resides that the minor has been
taken into custody and where the minor is being held.
        (a) A law enforcement officer who takes a minor into
    custody with a warrant shall without unnecessary delay
    take the minor to the nearest juvenile police officer
    designated for such purposes in the county of venue.
        (b) A law enforcement officer who takes a minor into
    custody without a warrant shall place the minor in
    temporary protective custody and shall immediately notify
    the Department of Children and Family Services by
    contacting either the central register established under
    Section 7.7 of the Abused and Neglected Child Reporting
    Act or the nearest Department of Children and Family
    Services office. If there is reasonable cause to suspect
    that a minor has died as a result of abuse or neglect, the
    law enforcement officer shall immediately report such
    suspected abuse or neglect to the appropriate medical
    examiner or coroner.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/2-9)  (from Ch. 37, par. 802-9)
    Sec. 2-9. Setting of temporary custody hearing; notice;
release.
    (1) Unless sooner released, a minor, as defined in Section
2-3 or 2-4 of this Act, taken into temporary protective
custody must be brought before a judicial officer within 48
hours, exclusive of Saturdays, Sundays, and court-designated
holidays, for a temporary custody hearing to determine whether
the minor shall be further held in custody.
    (2) If the probation officer or such other public officer
designated by the court determines that the minor should be
retained in custody, the probation officer or such other
public officer designated by the court shall cause a petition
to be filed as provided in Section 2-13 of this Article, and
the clerk of the court shall set the matter for hearing on the
temporary custody hearing calendar. When a parent, guardian,
custodian, or responsible relative is present and so requests,
the temporary custody hearing shall be held immediately if the
court is in session, otherwise at the earliest feasible time.
The petitioner through counsel or such other public officer
designated by the court shall ensure insure notification to
the minor's parent, guardian, custodian, or responsible
relative of the time and place of the hearing by the best
practicable notice, allowing for oral notice in place of
written notice only if provision of written notice is
unreasonable under the circumstances.
    (3) The minor must be released from temporary protective
custody at the expiration of the 48-hour 48 hour period
specified by this Section if not brought before a judicial
officer within that period.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
 
    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
    Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
    (1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected, or dependent it
shall release the minor and dismiss the petition.
    (2) If the court finds that there is probable cause to
believe that the minor is abused, neglected, or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, the minor's parent, guardian, or
custodian, and other persons able to give relevant testimony
shall be examined before the court. The Department of Children
and Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware through
the central registry, involving the minor's parent, guardian,
or custodian. After such testimony, the court may, consistent
with the health, safety, and best interests of the minor,
enter an order that the minor shall be released upon the
request of parent, guardian, or custodian if the parent,
guardian, or custodian appears to take custody. If it is
determined that a parent's, guardian's, or custodian's
compliance with critical services mitigates the necessity for
removal of the minor from the minor's home, the court may enter
an Order of Protection setting forth reasonable conditions of
behavior that a parent, guardian, or custodian must observe
for a specified period of time, not to exceed 12 months,
without a violation; provided, however, that the 12-month
period shall begin anew after any violation. "Custodian"
includes the Department of Children and Family Services, if it
has been given custody of the child, or any other agency of the
State which has been given custody or wardship of the child. If
it is consistent with the health, safety, and best interests
of the minor, the court may also prescribe shelter care and
order that the minor be kept in a suitable place designated by
the court or in a shelter care facility designated by the
Department of Children and Family Services or a licensed child
welfare agency; however, on and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department of Children and Family Services
by any court, except a minor less than 16 years of age and
committed to the Department of Children and Family Services
under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists; and
on and after January 1, 2017, a minor charged with a criminal
offense under the Criminal Code of 1961 or the Criminal Code of
2012 or adjudicated delinquent shall not be placed in the
custody of or committed to the Department of Children and
Family Services by any court, except a minor less than 15 years
of age and committed to the Department of Children and Family
Services under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists. An
independent basis exists when the allegations or adjudication
of abuse, neglect, or dependency do not arise from the same
facts, incident, or circumstances which give rise to a charge
or adjudication of delinquency.
    In placing the minor, the Department or other agency
shall, to the extent compatible with the court's order, comply
with Section 7 of the Children and Family Services Act. In
determining the health, safety, and best interests of the
minor to prescribe shelter care, the court must find that it is
a matter of immediate and urgent necessity for the safety, and
protection of the minor or of the person or property of another
that the minor be placed in a shelter care facility or that the
minor is likely to flee the jurisdiction of the court, and must
further find that reasonable efforts have been made or that,
consistent with the health, safety and best interests of the
minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from the
minor's home. The court shall require documentation from the
Department of Children and Family Services as to the
reasonable efforts that were made to prevent or eliminate the
necessity of removal of the minor from the minor's home or the
reasons why no efforts reasonably could be made to prevent or
eliminate the necessity of removal. When a minor is placed in
the home of a relative, the Department of Children and Family
Services shall complete a preliminary background review of the
members of the minor's custodian's household in accordance
with Section 4.3 of the Child Care Act of 1969 within 90 days
of that placement. If the minor is ordered placed in a shelter
care facility of the Department of Children and Family
Services or a licensed child welfare agency, the court shall,
upon request of the appropriate Department or other agency,
appoint the Department of Children and Family Services
Guardianship Administrator or other appropriate agency
executive temporary custodian of the minor and the court may
enter such other orders related to the temporary custody as it
deems fit and proper, including the provision of services to
the minor or the minor's family to ameliorate the causes
contributing to the finding of probable cause or to the
finding of the existence of immediate and urgent necessity.
    Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
    Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling
placement and contact plan the basis for its determination.
The sibling placement and contact plan shall specify a date
for development of the Sibling Contact Support Plan, under
subsection (f) of Section 7.4 of the Children and Family
Services Act, and shall remain in effect until the Sibling
Contact Support Plan is developed.
    For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement
and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
shall enter an order for the Department to implement changes
to the parent-child visiting plan or sibling placement or
contact plan, consistent with the court's findings. At any
stage of proceeding, any party may by motion request the court
to enter any orders necessary to implement the parent-child
visiting plan, sibling placement or contact plan, or
subsequently developed Sibling Contact Support Plan. Nothing
under this subsection (2) shall restrict the court from
granting discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,
where the Department or its assigns reasonably believe there
is an immediate need to protect the child's health, safety,
and welfare. Such restrictions or terminations must be based
on available facts to the Department and its assigns when
viewed in light of the surrounding circumstances and shall
only occur on an individual case-by-case basis. The Department
shall file with the court and serve on the parties any
amendments to the plan within 10 days, excluding weekends and
holidays, of the change of the visitation.
    Acceptance of services shall not be considered an
admission of any allegation in a petition made pursuant to
this Act, nor may a referral of services be considered as
evidence in any proceeding pursuant to this Act, except where
the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that it
is consistent with the health, safety, and best interests of
the minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings
concerning the immediate and urgent necessity for the
protection of the minor or of the person or property of another
and (ii) the factual basis supporting its findings that
reasonable efforts were made to prevent or eliminate the
removal of the minor from the minor's home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from the minor's home. The parents, guardian,
custodian, temporary custodian, and minor shall each be
furnished a copy of such written findings. The temporary
custodian shall maintain a copy of the court order and written
findings in the case record for the child. The order together
with the court's findings of fact in support thereof shall be
entered of record in the court.
    Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian, or guardian until the
court finds that such placement is no longer necessary for the
protection of the minor.
    If the child is placed in the temporary custody of the
Department of Children and Family Services for the minor's
protection, the court shall admonish the parents, guardian,
custodian, or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights. The court shall ensure,
by inquiring in open court of each parent, guardian,
custodian, or responsible relative, that the parent, guardian,
custodian, or responsible relative has had the opportunity to
provide the Department with all known names, addresses, and
telephone numbers of each of the minor's living adult
relatives, including, but not limited to, grandparents,
siblings of the minor's parents, and siblings. The court shall
advise the parents, guardian, custodian, or responsible
relative to inform the Department if additional information
regarding the minor's adult relatives becomes available.
    (3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
is unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte. A shelter care order from an
ex parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and
entered of record. The order shall expire after 10 days from
the time it is issued unless before its expiration it is
renewed, at a hearing upon appearance of the party respondent,
or upon an affidavit of the moving party as to all diligent
efforts to notify the party respondent by notice as herein
prescribed. The notice prescribed shall be in writing and
shall be personally delivered to the minor or the minor's
attorney and to the last known address of the other person or
persons entitled to notice. The notice shall also state the
nature of the allegations, the nature of the order sought by
the State, including whether temporary custody is sought, and
the consequences of failure to appear and shall contain a
notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11; and shall explain the right of the parties and
the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care
hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
        On ................ at ........., before the Honorable
    ................, (address:) ................., the State
    of Illinois will present evidence (1) that (name of child
    or children) ....................... are abused,
    neglected, or dependent for the following reasons:
    .............................................. and (2)
    whether there is "immediate and urgent necessity" to
    remove the child or children from the responsible
    relative.
        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
    PLACEMENT of the child or children in foster care until a
    trial can be held. A trial may not be held for up to 90
    days. You will not be entitled to further notices of
    proceedings in this case, including the filing of an
    amended petition or a motion to terminate parental rights.
        At the shelter care hearing, parents have the
    following rights:
            1. To ask the court to appoint a lawyer if they
        cannot afford one.
            2. To ask the court to continue the hearing to
        allow them time to prepare.
            3. To present evidence concerning:
                a. Whether or not the child or children were
            abused, neglected or dependent.
                b. Whether or not there is "immediate and
            urgent necessity" to remove the child from home
            (including: their ability to care for the child,
            conditions in the home, alternative means of
            protecting the child other than removal).
                c. The best interests of the child.
            4. To cross examine the State's witnesses.
 
    The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
        If you were not present at and did not have adequate
    notice of the Shelter Care Hearing at which temporary
    custody of ............... was awarded to
    ................, you have the right to request a full
    rehearing on whether the State should have temporary
    custody of ................. To request this rehearing,
    you must file with the Clerk of the Juvenile Court
    (address): ........................, in person or by
    mailing a statement (affidavit) setting forth the
    following:
            1. That you were not present at the shelter care
        hearing.
            2. That you did not get adequate notice
        (explaining how the notice was inadequate).
            3. Your signature.
            4. Signature must be notarized.
        The rehearing should be scheduled within 48 hours of
    your filing this affidavit.
        At the rehearing, your rights are the same as at the
    initial shelter care hearing. The enclosed notice explains
    those rights.
        At the Shelter Care Hearing, children have the
    following rights:
            1. To have a guardian ad litem appointed.
            2. To be declared competent as a witness and to
        present testimony concerning:
                a. Whether they are abused, neglected or
            dependent.
                b. Whether there is "immediate and urgent
            necessity" to be removed from home.
                c. Their best interests.
            3. To cross examine witnesses for other parties.
            4. To obtain an explanation of any proceedings and
        orders of the court.
    (4) If the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor did not
have actual notice of or was not present at the shelter care
hearing, the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor may file
an affidavit setting forth these facts, and the clerk shall
set the matter for rehearing not later than 48 hours,
excluding Sundays and legal holidays, after the filing of the
affidavit. At the rehearing, the court shall proceed in the
same manner as upon the original hearing.
    (5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in
subsection (3) of Section 5-105 may the minor be kept or
detained in a detention home or county or municipal jail. This
Section shall in no way be construed to limit subsection (6).
    (6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
    (7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor
must immediately be released from custody.
    (8) If neither the parent, guardian, or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian, or custodian to appear. At
the same time the probation department shall prepare a report
on the minor. If a parent, guardian, or custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Children and Family Services
or a licensed child welfare agency.
    (9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
        (a) It is no longer a matter of immediate and urgent
    necessity that the minor remain in shelter care; or
        (b) There is a material change in the circumstances of
    the natural family from which the minor was removed and
    the child can be cared for at home without endangering the
    child's health or safety; or
        (c) A person not a party to the alleged abuse, neglect
    or dependency, including a parent, relative, or legal
    guardian, is capable of assuming temporary custody of the
    minor; or
        (d) Services provided by the Department of Children
    and Family Services or a child welfare agency or other
    service provider have been successful in eliminating the
    need for temporary custody and the child can be cared for
    at home without endangering the child's health or safety.
    In ruling on the motion, the court shall determine whether
it is consistent with the health, safety, and best interests
of the minor to modify or vacate a temporary custody order. If
the minor is being restored to the custody of a parent, legal
custodian, or guardian who lives outside of Illinois, and an
Interstate Compact has been requested and refused, the court
may order the Department of Children and Family Services to
arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of
protective supervision entered in accordance with Section 2-20
or 2-25.
    The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of
the minor and the minor's family.
    (10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall
be presumed for any other minor residing in the same household
as the abused minor provided:
        (a) Such other minor is the subject of an abuse or
    neglect petition pending before the court; and
        (b) A party to the petition is seeking shelter care
    for such other minor.
    Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing
shelter care for the other minor.
    (11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
    (12) After the court has placed a minor in the care of a
temporary custodian pursuant to this Section, any party may
file a motion requesting the court to grant the temporary
custodian the authority to serve as a surrogate decision maker
for the minor under the Health Care Surrogate Act for purposes
of making decisions pursuant to paragraph (1) of subsection
(b) of Section 20 of the Health Care Surrogate Act. The court
may grant the motion if it determines by clear and convincing
evidence that it is in the best interests of the minor to grant
the temporary custodian such authority. In making its
determination, the court shall weigh the following factors in
addition to considering the best interests factors listed in
subsection (4.05) of Section 1-3 of this Act:
        (a) the efforts to identify and locate the respondents
    and adult family members of the minor and the results of
    those efforts;
        (b) the efforts to engage the respondents and adult
    family members of the minor in decision making on behalf
    of the minor;
        (c) the length of time the efforts in paragraphs (a)
    and (b) have been ongoing;
        (d) the relationship between the respondents and adult
    family members and the minor;
        (e) medical testimony regarding the extent to which
    the minor is suffering and the impact of a delay in
    decision-making on the minor; and
        (f) any other factor the court deems relevant.
    If the Department of Children and Family Services is the
temporary custodian of the minor, in addition to the
requirements of paragraph (1) of subsection (b) of Section 20
of the Health Care Surrogate Act, the Department shall follow
its rules and procedures in exercising authority granted under
this subsection.
(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/2-20)  (from Ch. 37, par. 802-20)
    Sec. 2-20. Continuance under supervision.
    (1) The court may enter an order of continuance under
supervision: (a) upon an admission or stipulation by the
appropriate respondent or minor respondent of the facts
supporting the petition and before proceeding to findings and
adjudication, or after hearing the evidence at the
adjudicatory hearing but before noting in the minutes of
proceeding a finding of whether or not the minor is abused,
neglected or dependent; and (b) in the absence of objection
made in open court by the minor, the minor's parent, guardian,
custodian, responsible relative, or defense attorney, or the
State's Attorney.
    (2) If the minor, the minor's parent, guardian, custodian,
responsible relative, or defense attorney, or the State's
Attorney, objects in open court to any such continuance and
insists upon proceeding to findings and adjudication, the
court shall so proceed.
    (3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
    (4) When a hearing where a minor is alleged to be abused,
neglected or dependent is continued pursuant to this Section,
the court may permit the minor to remain in the minor's home if
the court determines and makes written factual findings that
the minor can be cared for at home when consistent with the
minor's health, safety, and best interests, subject to such
conditions concerning the minor's conduct and supervision as
the court may require by order.
    (5) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that such
condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The
filing of a petition for violation of a condition of the
continuance under supervision shall toll the period of
continuance under supervision until the final determination of
the charge, and the term of the continuance under supervision
shall not run until the hearing and disposition of the
petition for violation; provided where the petition alleges
conduct that does not constitute a criminal offense, the
hearing must be held within 15 days of the filing of the
petition unless a delay in such hearing has been occasioned by
the minor, in which case the delay shall continue the tolling
of the period of continuance under supervision for the period
of such delay.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/2-28)
    Sec. 2-28. Court review.
    (1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite the legal custodian or guardian into
court and require the legal custodian, guardian, or the legal
custodian's or guardian's agency to make a full and accurate
report of the doings of the legal custodian, guardian, or
agency on behalf of the minor. The custodian or guardian,
within 10 days after such citation, or earlier if the court
determines it to be necessary to protect the health, safety,
or welfare of the minor, shall make the report, either in
writing verified by affidavit or orally under oath in open
court, or otherwise as the court directs. Upon the hearing of
the report the court may remove the custodian or guardian and
appoint another in the custodian's or guardian's stead or
restore the minor to the custody of the minor's parents or
former guardian or custodian. However, custody of the minor
shall not be restored to any parent, guardian, or legal
custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 of this Act, unless the minor can be cared for at
home without endangering the minor's health or safety and it
is in the best interests of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the fitness of such parent, guardian, or legal custodian to
care for the minor and the court enters an order that such
parent, guardian, or legal custodian is fit to care for the
minor.
    (1.5) The public agency that is the custodian or guardian
of the minor shall file a written report with the court no
later than 15 days after a minor in the agency's care remains:
        (1) in a shelter placement beyond 30 days;
        (2) in a psychiatric hospital past the time when the
    minor is clinically ready for discharge or beyond medical
    necessity for the minor's health; or
        (3) in a detention center or Department of Juvenile
    Justice facility solely because the public agency cannot
    find an appropriate placement for the minor.
    The report shall explain the steps the agency is taking to
ensure the minor is placed appropriately, how the minor's
needs are being met in the minor's shelter placement, and if a
future placement has been identified by the Department, why
the anticipated placement is appropriate for the needs of the
minor and the anticipated placement date.
    (1.6) Within 30 days after placing a child in its care in a
qualified residential treatment program, as defined by the
federal Social Security Act, the Department of Children and
Family Services shall prepare a written report for filing with
the court and send copies of the report to all parties. Within
20 days of the filing of the report, or as soon thereafter as
the court's schedule allows but not more than 60 days from the
date of placement, the court shall hold a hearing to consider
the Department's report and determine whether placement of the
child in a qualified residential treatment program provides
the most effective and appropriate level of care for the child
in the least restrictive environment and if the placement is
consistent with the short-term and long-term goals for the
child, as specified in the permanency plan for the child. The
court shall approve or disapprove the placement. If
applicable, the requirements of Sections 2-27.1 and 2-27.2
must also be met. The Department's written report and the
court's written determination shall be included in and made
part of the case plan for the child. If the child remains
placed in a qualified residential treatment program, the
Department shall submit evidence at each status and permanency
hearing:
        (1) demonstrating that on-going assessment of the
    strengths and needs of the child continues to support the
    determination that the child's needs cannot be met through
    placement in a foster family home, that the placement
    provides the most effective and appropriate level of care
    for the child in the least restrictive, appropriate
    environment, and that the placement is consistent with the
    short-term and long-term permanency goal for the child, as
    specified in the permanency plan for the child;
        (2) documenting the specific treatment or service
    needs that should be met for the child in the placement and
    the length of time the child is expected to need the
    treatment or services; and
        (3) the efforts made by the agency to prepare the
    child to return home or to be placed with a fit and willing
    relative, a legal guardian, or an adoptive parent, or in a
    foster family home.
    (2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment
of a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court
determines that the plan and goal have been achieved. Once the
plan and goal have been achieved, if the minor remains in
substitute care, the case shall be reviewed at least every 6
months thereafter, subject to the provisions of this Section,
unless the minor is placed in the guardianship of a suitable
relative or other person and the court determines that further
monitoring by the court does not further the health, safety,
or best interest of the child and that this is a stable
permanent placement. The permanency hearings must occur within
the time frames set forth in this subsection and may not be
delayed in anticipation of a report from any source or due to
the agency's failure to timely file its written report (this
written report means the one required under the next paragraph
and does not mean the service plan also referred to in that
paragraph).
    The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared
within the prior 6 months at least 14 days in advance of the
hearing. If not contained in the agency's service plan, the
agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or the minor's family
that are relevant to a permanency or placement determination
and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to
prepare for independent living. If not contained in the
agency's service plan, the agency's report shall specify if a
minor is placed in a licensed child care facility under a
corrective plan by the Department due to concerns impacting
the minor's safety and well-being. The report shall explain
the steps the Department is taking to ensure the safety and
well-being of the minor and that the minor's needs are met in
the facility. The agency's written report must detail what
progress or lack of progress the parent has made in correcting
the conditions requiring the child to be in care; whether the
child can be returned home without jeopardizing the child's
health, safety, and welfare, and, if not, what permanency goal
is recommended to be in the best interests of the child, and
why the other permanency goals are not appropriate. The
caseworker must appear and testify at the permanency hearing.
If a permanency hearing has not previously been scheduled by
the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time
frames set forth in this subsection.
    At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
        (A) The minor will be returned home by a specific date
    within 5 months.
        (B) The minor will be in short-term care with a
    continued goal to return home within a period not to
    exceed one year, where the progress of the parent or
    parents is substantial giving particular consideration to
    the age and individual needs of the minor.
        (B-1) The minor will be in short-term care with a
    continued goal to return home pending a status hearing.
    When the court finds that a parent has not made reasonable
    efforts or reasonable progress to date, the court shall
    identify what actions the parent and the Department must
    take in order to justify a finding of reasonable efforts
    or reasonable progress and shall set a status hearing to
    be held not earlier than 9 months from the date of
    adjudication nor later than 11 months from the date of
    adjudication during which the parent's progress will again
    be reviewed.
        (C) The minor will be in substitute care pending court
    determination on termination of parental rights.
        (D) Adoption, provided that parental rights have been
    terminated or relinquished.
        (E) The guardianship of the minor will be transferred
    to an individual or couple on a permanent basis provided
    that goals (A) through (D) have been deemed inappropriate
    and not in the child's best interests. The court shall
    confirm that the Department has discussed adoption, if
    appropriate, and guardianship with the caregiver prior to
    changing a goal to guardianship.
        (F) The minor over age 15 will be in substitute care
    pending independence. In selecting this permanency goal,
    the Department of Children and Family Services may provide
    services to enable reunification and to strengthen the
    minor's connections with family, fictive kin, and other
    responsible adults, provided the services are in the
    minor's best interest. The services shall be documented in
    the service plan.
        (G) The minor will be in substitute care because the
    minor cannot be provided for in a home environment due to
    developmental disabilities or mental illness or because
    the minor is a danger to self or others, provided that
    goals (A) through (D) have been deemed inappropriate and
    not in the child's best interests.
    In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were deemed inappropriate and not in the
child's best interest. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of
this subsection (2), but shall provide services consistent
with the goal selected.
        (H) Notwithstanding any other provision in this
    Section, the court may select the goal of continuing
    foster care as a permanency goal if:
            (1) The Department of Children and Family Services
        has custody and guardianship of the minor;
            (2) The court has deemed all other permanency
        goals inappropriate based on the child's best
        interest;
            (3) The court has found compelling reasons, based
        on written documentation reviewed by the court, to
        place the minor in continuing foster care. Compelling
        reasons include:
                (a) the child does not wish to be adopted or to
            be placed in the guardianship of the minor's
            relative or foster care placement;
                (b) the child exhibits an extreme level of
            need such that the removal of the child from the
            minor's placement would be detrimental to the
            child; or
                (c) the child who is the subject of the
            permanency hearing has existing close and strong
            bonds with a sibling, and achievement of another
            permanency goal would substantially interfere with
            the subject child's sibling relationship, taking
            into consideration the nature and extent of the
            relationship, and whether ongoing contact is in
            the subject child's best interest, including
            long-term emotional interest, as compared with the
            legal and emotional benefit of permanence;
            (4) The child has lived with the relative or
        foster parent for at least one year; and
            (5) The relative or foster parent currently caring
        for the child is willing and capable of providing the
        child with a stable and permanent environment.
    The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
        (1) Age of the child.
        (2) Options available for permanence, including both
    out-of-state and in-state placement options.
        (3) Current placement of the child and the intent of
    the family regarding adoption.
        (4) Emotional, physical, and mental status or
    condition of the child.
        (5) Types of services previously offered and whether
    or not the services were successful and, if not
    successful, the reasons the services failed.
        (6) Availability of services currently needed and
    whether the services exist.
        (7) Status of siblings of the minor.
    The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All
evidence relevant to determining these questions, including
oral and written reports, may be admitted and may be relied on
to the extent of their probative value.
    The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting
Act, any portion of the service plan compels a child or parent
to engage in any activity or refrain from any activity that is
not reasonably related to remedying a condition or conditions
that gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of the child's parents, guardian, or legal custodian or that
the court has found must be remedied prior to returning the
child home. Any tasks the court requires of the parents,
guardian, or legal custodian or child prior to returning the
child home must be reasonably related to remedying a condition
or conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
    If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
    The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop,
modify, or implement a Sibling Contact Support Plan, or order
mediation.
    If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal custody
and status to those findings.
    If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting
the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed with
the court and served on all parties within 45 days of the date
of the order. The court shall continue the matter until the new
service plan is filed. Except as authorized by subsection
(2.5) of this Section and as otherwise specifically authorized
by law, the court is not empowered under this Section to order
specific placements, specific services, or specific service
providers to be included in the service plan.
    A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
    Rights of wards of the court under this Act are
enforceable against any public agency by complaints for relief
by mandamus filed in any proceedings brought under this Act.
    (2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate
to facilitate achievement of the permanency goal, the court
shall put in writing the factual basis supporting its
determination and enter specific findings based on the
evidence. If the court finds that the minor's current or
planned placement is not necessary or appropriate, the court
may enter an order directing the Department to implement a
recommendation by the minor's treating clinician or a
clinician contracted by the Department to evaluate the minor
or a recommendation made by the Department. If the Department
places a minor in a placement under an order entered under this
subsection (2.5), the Department has the authority to remove
the minor from that placement when a change in circumstances
necessitates the removal to protect the minor's health,
safety, and best interest. If the Department determines
removal is necessary, the Department shall notify the parties
of the planned placement change in writing no later than 10
days prior to the implementation of its determination unless
remaining in the placement poses an imminent risk of harm to
the minor, in which case the Department shall notify the
parties of the placement change in writing immediately
following the implementation of its decision. The Department
shall notify others of the decision to change the minor's
placement as required by Department rule.
    (3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of this Section and sets forth
the following:
        (a) The future status of the minor, including the
    permanency goal, and any order necessary to conform the
    minor's legal custody and status to such determination; or
        (b) If the permanency goal of the minor cannot be
    achieved immediately, the specific reasons for continuing
    the minor in the care of the Department of Children and
    Family Services or other agency for short-term placement,
    and the following determinations:
            (i) (Blank).
            (ii) Whether the services required by the court
        and by any service plan prepared within the prior 6
        months have been provided and (A) if so, whether the
        services were reasonably calculated to facilitate the
        achievement of the permanency goal or (B) if not
        provided, why the services were not provided.
            (iii) Whether the minor's current or planned
        placement is necessary, and appropriate to the plan
        and goal, recognizing the right of minors to the least
        restrictive (most family-like) setting available and
        in close proximity to the parents' home consistent
        with the health, safety, best interest, and special
        needs of the minor and, if the minor is placed
        out-of-state, whether the out-of-state placement
        continues to be appropriate and consistent with the
        health, safety, and best interest of the minor.
            (iv) (Blank).
            (v) (Blank).
    (4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of the minor's
parents or former guardian or custodian.
    When return home is not selected as the permanency goal:
        (a) The Department, the minor, or the current foster
    parent or relative caregiver seeking private guardianship
    may file a motion for private guardianship of the minor.
    Appointment of a guardian under this Section requires
    approval of the court.
        (b) The State's Attorney may file a motion to
    terminate parental rights of any parent who has failed to
    make reasonable efforts to correct the conditions which
    led to the removal of the child or reasonable progress
    toward the return of the child, as defined in subdivision
    (D)(m) of Section 1 of the Adoption Act or for whom any
    other unfitness ground for terminating parental rights as
    defined in subdivision (D) of Section 1 of the Adoption
    Act exists.
        When parental rights have been terminated for a
    minimum of 3 years and the child who is the subject of the
    permanency hearing is 13 years old or older and is not
    currently placed in a placement likely to achieve
    permanency, the Department of Children and Family Services
    shall make reasonable efforts to locate parents whose
    rights have been terminated, except when the Court
    determines that those efforts would be futile or
    inconsistent with the subject child's best interests. The
    Department of Children and Family Services shall assess
    the appropriateness of the parent whose rights have been
    terminated, and shall, as appropriate, foster and support
    connections between the parent whose rights have been
    terminated and the youth. The Department of Children and
    Family Services shall document its determinations and
    efforts to foster connections in the child's case plan.
    Custody of the minor shall not be restored to any parent,
guardian, or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering the minor's health or safety
and it is in the best interest of the minor, and if such
neglect, abuse, or dependency is found by the court under
paragraph (1) of Section 2-21 of this Act to have come about
due to the acts or omissions or both of such parent, guardian,
or legal custodian, until such time as an investigation is
made as provided in paragraph (5) and a hearing is held on the
issue of the health, safety, and best interest of the minor and
the fitness of such parent, guardian, or legal custodian to
care for the minor and the court enters an order that such
parent, guardian, or legal custodian is fit to care for the
minor. If a motion is filed to modify or vacate a private
guardianship order and return the child to a parent, guardian,
or legal custodian, the court may order the Department of
Children and Family Services to assess the minor's current and
proposed living arrangements and to provide ongoing monitoring
of the health, safety, and best interest of the minor during
the pendency of the motion to assist the court in making that
determination. In the event that the minor has attained 18
years of age and the guardian or custodian petitions the court
for an order terminating the minor's guardianship or custody,
guardianship or custody shall terminate automatically 30 days
after the receipt of the petition unless the court orders
otherwise. No legal custodian or guardian of the person may be
removed without the legal custodian's or guardian's consent
until given notice and an opportunity to be heard by the court.
    When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter
an order of protective supervision in accordance with Section
2-24.
    If the minor is being restored to the custody of a parent,
legal custodian, or guardian who lives outside of Illinois,
and an Interstate Compact has been requested and refused, the
court may order the Department of Children and Family Services
to arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of
protective supervision entered in accordance with Section
2-24.
    (5) Whenever a parent, guardian, or legal custodian files
a motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering the minor's health or safety and
fitness of the parent, guardian, or legal custodian.
        (a) Any agency of this State or any subdivision
    thereof shall cooperate with the agent of the court in
    providing any information sought in the investigation.
        (b) The information derived from the investigation and
    any conclusions or recommendations derived from the
    information shall be provided to the parent, guardian, or
    legal custodian seeking restoration of custody prior to
    the hearing on fitness and the movant shall have an
    opportunity at the hearing to refute the information or
    contest its significance.
        (c) All information obtained from any investigation
    shall be confidential as provided in Section 5-150 of this
    Act.
(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)
 
    (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
    Sec. 3-5. Interim crisis intervention services.
    (a) Any minor who is taken into limited custody, or who
independently requests or is referred for assistance, may be
provided crisis intervention services by an agency or
association, as defined in this Act, provided the association
or agency staff (i) immediately investigate the circumstances
of the minor and the facts surrounding the minor being taken
into custody and promptly explain these facts and
circumstances to the minor, and (ii) make a reasonable effort
to inform the minor's parent, guardian, or custodian of the
fact that the minor has been taken into limited custody and
where the minor is being kept, and (iii) if the minor consents,
make a reasonable effort to transport, arrange for the
transportation of, or otherwise release the minor to the
parent, guardian, or custodian. Upon release of the child who
is believed to need or benefit from medical, psychological,
psychiatric, or social services, the association or agency may
inform the minor and the person to whom the minor is released
of the nature and location of appropriate services and shall,
if requested, assist in establishing contact between the
family and other associations or agencies providing such
services. If the agency or association is unable by all
reasonable efforts to contact a parent, guardian, or
custodian, or if the person contacted lives an unreasonable
distance away, or if the minor refuses to be taken to the
minor's home or other appropriate residence, or if the agency
or association is otherwise unable despite all reasonable
efforts to make arrangements for the safe return of the minor,
the minor may be taken to a temporary living arrangement which
is in compliance with the Child Care Act of 1969 or which is
with persons agreed to by the parents and the agency or
association.
    (b) An agency or association is authorized to permit a
minor to be sheltered in a temporary living arrangement
provided the agency seeks to effect the minor's return home or
alternative living arrangements agreeable to the minor and the
parent, guardian, or custodian as soon as practicable. No
minor shall be sheltered in a temporary living arrangement for
more than 21 business days. Throughout such limited custody,
the agency or association shall work with the parent,
guardian, or custodian and the minor's local school district,
the Department of Human Services, the Department of Healthcare
and Family Services, the Department of Juvenile Justice, and
the Department of Children and Family Services to identify
immediate and long-term treatment or placement. If at any time
during the crisis intervention there is a concern that the
minor has experienced abuse or neglect, the Comprehensive
Community Based-Youth Services provider shall contact the
Department of Children and Family Services as provided in the
Abused and Neglected Child Reporting Act. the minor
    (c) Any agency or association or employee thereof acting
reasonably and in good faith in the care of a minor being
provided interim crisis intervention services and shelter care
shall be immune from any civil or criminal liability resulting
from such care.
(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23;
revised 8-30-23.)
 
    (705 ILCS 405/3-6)  (from Ch. 37, par. 803-6)
    Sec. 3-6. Alternative voluntary residential placement.
    (a) A minor and the minor's parent, guardian or custodian
may agree to an arrangement for alternative voluntary
residential placement, in compliance with the "Child Care Act
of 1969", without court order. Such placement may continue as
long as there is agreement.
    (b) If the minor and the minor's parent, guardian or
custodian cannot agree to an arrangement for alternative
voluntary residential placement in the first instance, or
cannot agree to the continuation of such placement, and the
minor refuses to return home, the minor or the minor's parent,
guardian or custodian, or a person properly acting at the
minor's request, may file with the court a petition alleging
that the minor requires authoritative intervention as
described in Section 3-3.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/3-16)  (from Ch. 37, par. 803-16)
    Sec. 3-16. Date for adjudicatory hearing.
    (a) (Blank).
    (b)(1)(A) When a petition has been filed alleging that the
minor requires authoritative intervention, an adjudicatory
hearing shall be held within 120 days of a demand made by any
party, except that when the court determines that the State,
without success, has exercised due diligence to obtain
evidence material to the case and that there are reasonable
grounds to believe that such evidence may be obtained at a
later date, the court may, upon motion by the State, continue
the adjudicatory hearing for not more than 30 additional days.
    The 120-day 120 day period in which an adjudicatory
hearing shall be held is tolled by: (i) delay occasioned by the
minor; or (ii) a continuance allowed pursuant to Section 114-4
of the Code of Criminal Procedure of 1963 after a court's
determination of the minor's physical incapacity for trial; or
(iii) an interlocutory appeal. Any such delay shall
temporarily suspend, for the time of the delay, the period
within which the adjudicatory hearing must be held. On the day
of expiration of the delay, the said period shall continue at
the point at which it was suspended.
    (B) When no such adjudicatory hearing is held within the
time required by paragraph (b)(1)(A) of this Section, the
court shall, upon motion by any party, dismiss the petition
with prejudice.
    (2) Without affecting the applicability of the tolling and
multiple prosecution provisions of paragraph (b)(1) of this
Section, when a petition has been filed alleging that the
minor requires authoritative intervention and the minor is in
shelter care, the adjudicatory hearing shall be held within 10
judicial days after the date of the order directing shelter
care, or the earliest possible date in compliance with the
notice provisions of Sections 3-17 and 3-18 as to the
custodial parent, guardian, or legal custodian, but no later
than 30 judicial days from the date of the order of the court
directing shelter care.
    (3) Any failure to comply with the time limits of
paragraph (b)(2) of this Section shall require the immediate
release of the minor from shelter care, and the time limits of
paragraph (b)(1) shall apply.
    (4) Nothing in this Section prevents the minor or the
minor's parents or guardian from exercising their respective
rights to waive the time limits set forth in this Section.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/3-17)  (from Ch. 37, par. 803-17)
    Sec. 3-17. Summons.
    (1) When a petition is filed, the clerk of the court shall
issue a summons with a copy of the petition attached. The
summons shall be directed to the minor's legal guardian or
custodian and to each person named as a respondent in the
petition, except that summons need not be directed to a minor
respondent under 8 years of age for whom the court appoints a
guardian ad litem if the guardian ad litem appears on behalf of
the minor in any proceeding under this Act.
    (2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
    (3) The summons shall be issued under the seal of the
court, attested to and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing.
    (4) The summons may be served by any county sheriff,
coroner, or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
    (5) Service of a summons and petition shall be made by: (a)
leaving a copy thereof with the person summoned at least 3 days
before the time stated therein for appearance; (b) leaving a
copy at the summoned person's usual place of abode with some
person of the family, of the age of 10 years or upwards, and
informing that person of the contents thereof, provided the
officer or other person making service shall also send a copy
of the summons in a sealed envelope with postage fully
prepaid, addressed to the person summoned at the person's
usual place of abode, at least 3 days before the time stated
therein for appearance; or (c) leaving a copy thereof with the
guardian or custodian of a minor, at least 3 days before the
time stated therein for appearance. If the guardian or
custodian is an agency of the State of Illinois, proper
service may be made by leaving a copy of the summons and
petition with any administrative employee of such agency
designated by such agency to accept service of summons and
petitions. The certificate of the officer or affidavit of the
person that the officer or person has sent the copy pursuant to
this Section is sufficient proof of service.
    (6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
    (7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court. A copy of the summons and petition shall be provided to
the person at the time of the person's appearance.
    (8) Fines or assessments, such as fees or administrative
costs, in the service of process shall not be ordered or
imposed on a minor or a minor's parent, guardian, or legal
custodian.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-7-23.)
 
    (705 ILCS 405/3-19)  (from Ch. 37, par. 803-19)
    Sec. 3-19. Guardian ad litem.
    (1) Immediately upon the filing of a petition alleging
that the minor requires authoritative intervention, the court
may appoint a guardian ad litem for the minor if:
        (a) such petition alleges that the minor is the victim
    of sexual abuse or misconduct; or
        (b) such petition alleges that charges alleging the
    commission of any of the sex offenses defined in Article
    11 or in Section Sections 11-1.20, 11-1.30, 11-1.40,
    11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16
    of the Criminal Code of 1961 or the Criminal Code of 2012,
    have been filed against a defendant in any court and that
    such minor is the alleged victim of the acts of the
    defendant in the commission of such offense.
    (2) Unless the guardian ad litem appointed pursuant to
paragraph (1) is an attorney at law, the guardian ad litem
shall be represented in the performance of the guardian ad
litem's duties by counsel.
    (3) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if:
        (a) no parent, guardian, custodian, or relative of the
    minor appears at the first or any subsequent hearing of
    the case;
        (b) the petition prays for the appointment of a
    guardian with power to consent to adoption; or
        (c) the petition for which the minor is before the
    court resulted from a report made pursuant to the Abused
    and Neglected Child Reporting Act.
    (4) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and the minor's parents or other custodian
or that it is otherwise in the minor's interest to do so.
    (5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and paid from
the general fund of the county.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 8-30-23.)
 
    (705 ILCS 405/3-21)  (from Ch. 37, par. 803-21)
    Sec. 3-21. Continuance under supervision.
    (1) The court may enter an order of continuance under
supervision (a) upon an admission or stipulation by the
appropriate respondent or minor respondent of the facts
supporting the petition and before proceeding to findings and
adjudication, or after hearing the evidence at the
adjudicatory hearing but before noting in the minutes of
proceedings a finding of whether or not the minor is a person
requiring authoritative intervention; and (b) in the absence
of objection made in open court by the minor, the minor's
parent, guardian, custodian, responsible relative, or defense
attorney, or the State's Attorney.
    (2) If the minor, the minor's parent, guardian, custodian,
responsible relative, or defense attorney, or State's
Attorney, objects in open court to any such continuance and
insists upon proceeding to findings and adjudication, the
court shall so proceed.
    (3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
    (4) When a hearing where a minor is alleged to be a minor
requiring authoritative intervention is continued pursuant to
this Section, the court may permit the minor to remain in the
minor's home subject to such conditions concerning the minor's
conduct and supervision as the court may require by order.
    (5) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that such
condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The
filing of a petition for violation of a condition of the
continuance under supervision shall toll the period of
continuance under supervision until the final determination of
the charge, and the term of the continuance under supervision
shall not run until the hearing and disposition of the
petition for violation; provided where the petition alleges
conduct that does not constitute a criminal offense, the
hearing must be held within 15 days of the filing of the
petition unless a delay in such hearing has been occasioned by
the minor, in which case the delay shall continue the tolling
of the period of continuance under supervision for the period
of such delay.
    (6) (Blank).
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-25-23.)
 
    (705 ILCS 405/3-24)  (from Ch. 37, par. 803-24)
    Sec. 3-24. Kinds of dispositional orders.
    (1) The following kinds of orders of disposition may be
made in respect to wards of the court: A minor found to be
requiring authoritative intervention under Section 3-3 may be
(a) committed to the Department of Children and Family
Services, subject to Section 5 of the Children and Family
Services Act; (b) placed under supervision and released to the
minor's parents, guardian, or legal custodian; (c) placed in
accordance with Section 3-28 with or without also being placed
under supervision. Conditions of supervision may be modified
or terminated by the court if it deems that the best interests
of the minor and the public will be served thereby; (d) ordered
partially or completely emancipated in accordance with the
provisions of the Emancipation of Minors Act; or (e) subject
to having the minor's driver's license or driving privilege
suspended for such time as determined by the Court but only
until the minor attains 18 years of age.
    (2) Any order of disposition may provide for protective
supervision under Section 3-25 and may include an order of
protection under Section 3-26.
    (3) Unless the order of disposition expressly so provides,
it does not operate to close proceedings on the pending
petition, but is subject to modification until final closing
and discharge of the proceedings under Section 3-32.
    (4) In addition to any other order of disposition, the
court may order any person found to be a minor requiring
authoritative intervention under Section 3-3 to make
restitution, in monetary or non-monetary form, under the terms
and conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentence hearing" referred to
therein shall be the dispositional hearing for purposes of
this Section. The parent, guardian, or legal custodian of the
minor may pay some or all of such restitution on the minor's
behalf.
    (5) Any order for disposition where the minor is committed
or placed in accordance with Section 3-28 shall provide for
the parents or guardian of the estate of such minor to pay to
the legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. Such
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
    (6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
    (7) (Blank).
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-20-23.)
 
    (705 ILCS 405/3-33.5)
    Sec. 3-33.5. Truant minors in need of supervision.
    (a) Definition. A minor who is reported by the office of
the regional superintendent of schools as a chronic truant may
be subject to a petition for adjudication and adjudged a
truant minor in need of supervision, provided that prior to
the filing of the petition, the office of the regional
superintendent of schools or a community truancy review board
certifies that the local school has provided appropriate
truancy intervention services to the truant minor and the
minor's family. For purposes of this Section, "truancy
intervention services" means services designed to assist the
minor's return to an educational program, and includes, but is
not limited to: assessments, counseling, mental health
services, shelter, optional and alternative education
programs, tutoring, and educational advocacy. If, after review
by the regional office of education or community truancy
review board, it is determined the local school did not
provide the appropriate interventions, then the minor shall be
referred to a comprehensive community based youth service
agency for truancy intervention services. If the comprehensive
community based youth service agency is incapable to provide
intervention services, then this requirement for services is
not applicable. The comprehensive community based youth
service agency shall submit reports to the office of the
regional superintendent of schools or truancy review board
within 20, 40, and 80 school days of the initial referral or at
any other time requested by the office of the regional
superintendent of schools or truancy review board, which
reports each shall certify the date of the minor's referral
and the extent of the minor's progress and participation in
truancy intervention services provided by the comprehensive
community based youth service agency. In addition, if, after
referral by the office of the regional superintendent of
schools or community truancy review board, the minor declines
or refuses to fully participate in truancy intervention
services provided by the comprehensive community based youth
service agency, then the agency shall immediately certify such
facts to the office of the regional superintendent of schools
or community truancy review board.
    (a-1) There is a rebuttable presumption that a chronic
truant is a truant minor in need of supervision.
    (a-2) There is a rebuttable presumption that school
records of a minor's attendance at school are authentic.
    (a-3) For purposes of this Section, "chronic truant" has
the meaning ascribed to it in Section 26-2a of the School Code.
    (a-4) For purposes of this Section, a "community truancy
review board" is a local community based board comprised of,
but not limited to: representatives from local comprehensive
community based youth service agencies, representatives from
court service agencies, representatives from local schools,
representatives from health service agencies, and
representatives from local professional and community
organizations as deemed appropriate by the office of the
regional superintendent of schools. The regional
superintendent of schools must approve the establishment and
organization of a community truancy review board, and the
regional superintendent of schools or the regional
superintendent's designee shall chair the board.
    (a-5) Nothing in this Section shall be construed to create
a private cause of action or right of recovery against a
regional office of education, its superintendent, or its staff
with respect to truancy intervention services where the
determination to provide the services is made in good faith.
    (b) Kinds of dispositional orders. A minor found to be a
truant minor in need of supervision may be:
        (1) committed to the appropriate regional
    superintendent of schools for a student assistance team
    staffing, a service plan, or referral to a comprehensive
    community based youth service agency;
        (2) required to comply with a service plan as
    specifically provided by the appropriate regional
    superintendent of schools;
        (3) ordered to obtain counseling or other supportive
    services;
        (4) (blank);
        (5) required to perform some reasonable public service
    work that does not interfere with school hours,
    school-related activities, or work commitments of the
    minor or the minor's parent, guardian, or legal custodian;
    or
        (6) (blank).
    A dispositional order may include public service only if
the court has made an express written finding that a truancy
prevention program has been offered by the school, regional
superintendent of schools, or a comprehensive community based
youth service agency to the truant minor in need of
supervision.
    (c) Orders entered under this Section may be enforced by
contempt proceedings. Fines or assessments, such as fees or
administrative costs, shall not be ordered or imposed in
contempt proceedings under this Section.
(Source: P.A. 102-456, eff. 1-1-22; 103-22, eff. 8-8-23;
103-379, eff. 7-28-23; revised 9-20-23.)
 
    (705 ILCS 405/4-8)  (from Ch. 37, par. 804-8)
    Sec. 4-8. Setting of shelter care hearing.
    (1) Unless sooner released, a minor alleged to be addicted
taken into temporary protective custody must be brought before
a judicial officer within 48 hours, exclusive of Saturdays,
Sundays, and holidays, for a shelter care hearing to determine
whether the minor shall be further held in custody.
    (2) If the probation officer or such other public officer
designated by the court determines that the minor should be
retained in custody, the probation officer or such other
public officer designated by the court shall cause a petition
to be filed as provided in Section 4-12 of this Act, and the
clerk of the court shall set the matter for hearing on the
shelter care hearing calendar. When a parent, guardian,
custodian, or responsible relative is present and so requests,
the shelter care hearing shall be held immediately if the
court is in session, otherwise at the earliest feasible time.
The probation officer or such other public officer designated
by the court shall notify the minor's parent, guardian,
custodian, or responsible relative of the time and place of
the hearing. The notice may be given orally.
    (3) The minor must be released from custody at the
expiration of the 48-hour 48 hour period, as the case may be,
specified by this Section, if not brought before a judicial
officer within that period.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/4-9)  (from Ch. 37, par. 804-9)
    Sec. 4-9. Shelter care hearing. At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
    (1) If the court finds that there is not probable cause to
believe that the minor is addicted, it shall release the minor
and dismiss the petition.
    (2) If the court finds that there is probable cause to
believe that the minor is addicted, the minor, the minor's
parent, guardian, or custodian, and other persons able to give
relevant testimony shall be examined before the court. After
such testimony, the court may enter an order that the minor
shall be released upon the request of a parent, guardian, or
custodian if the parent, guardian, or custodian appears to
take custody and agrees to abide by a court order which
requires the minor and the minor's parent, guardian, or legal
custodian to complete an evaluation by an entity licensed by
the Department of Human Services, as the successor to the
Department of Alcoholism and Substance Abuse, and complete any
treatment recommendations indicated by the assessment.
"Custodian" includes the Department of Children and Family
Services, if it has been given custody of the child, or any
other agency of the State which has been given custody or
wardship of the child.
    The court Court shall require documentation by
representatives of the Department of Children and Family
Services or the probation department as to the reasonable
efforts that were made to prevent or eliminate the necessity
of removal of the minor from the minor's home, and shall
consider the testimony of any person as to those reasonable
efforts. If the court finds that it is a matter of immediate
and urgent necessity for the protection of the minor or of the
person or property of another that the minor be placed in a
shelter care facility or that the minor is likely to flee the
jurisdiction of the court, and, further, finds that reasonable
efforts have been made or good cause has been shown why
reasonable efforts cannot prevent or eliminate the necessity
of removal of the minor from the minor's home, the court may
prescribe shelter care and order that the minor be kept in a
suitable place designated by the court, or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency, or in a facility
or program licensed by the Department of Human Services for
shelter and treatment services; otherwise, it shall release
the minor from custody. If the court prescribes shelter care,
then in placing the minor, the Department or other agency
shall, to the extent compatible with the court's order, comply
with Section 7 of the Children and Family Services Act. If the
minor is ordered placed in a shelter care facility of the
Department of Children and Family Services or a licensed child
welfare agency, or in a facility or program licensed by the
Department of Human Services for shelter and treatment
services, the court shall, upon request of the appropriate
Department or other agency, appoint the Department of Children
and Family Services Guardianship Administrator or other
appropriate agency executive temporary custodian of the minor
and the court may enter such other orders related to the
temporary custody as it deems fit and proper, including the
provision of services to the minor or the minor's family to
ameliorate the causes contributing to the finding of probable
cause or to the finding of the existence of immediate and
urgent necessity. Acceptance of services shall not be
considered an admission of any allegation in a petition made
pursuant to this Act, nor may a referral of services be
considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made
reasonable efforts to reunite the family. In making its
findings that reasonable efforts have been made or that good
cause has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from the
minor's home, the court shall state in writing its findings
concerning the nature of the services that were offered or the
efforts that were made to prevent removal of the child and the
apparent reasons that such services or efforts could not
prevent the need for removal. The parents, guardian,
custodian, temporary custodian, and minor shall each be
furnished a copy of such written findings. The temporary
custodian shall maintain a copy of the court order and written
findings in the case record for the child. The order, together
with the court's findings of fact in support thereof, shall be
entered of record in the court.
    Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian, or guardian until the
court finds that such placement is no longer necessary for the
protection of the minor.
    (3) If neither the parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had actual
notice of or is present at the shelter care hearing, the
parent, guardian, legal custodian, responsible relative, or
counsel of the minor may file an affidavit setting forth these
facts, and the clerk shall set the matter for rehearing not
later than 24 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court
shall proceed in the same manner as upon the original hearing.
    (4) If the minor is not brought before a judicial officer
within the time period as specified in Section 4-8, the minor
must immediately be released from custody.
    (5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in
subsection (3) of Section 5-105 may the minor be kept or
detained in a detention home or county or municipal jail. This
Section shall in no way be construed to limit subsection (6).
    (6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
    (7) If neither the parent, guardian, or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian, or custodian to appear. At
the same time the probation department shall prepare a report
on the minor. If a parent, guardian, or custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Children and Family Services
or a licensed child welfare agency.
    (8) Any interested party, including the State, the
temporary custodian, an agency providing services to the minor
or family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, may file a motion to modify or
vacate a temporary custody order on any of the following
grounds:
        (a) It is no longer a matter of immediate and urgent
    necessity that the minor remain in shelter care; or
        (b) There is a material change in the circumstances of
    the natural family from which the minor was removed; or
        (c) A person, including a parent, relative, or legal
    guardian, is capable of assuming temporary custody of the
    minor; or
        (d) Services provided by the Department of Children
    and Family Services or a child welfare agency or other
    service provider have been successful in eliminating the
    need for temporary custody.
    The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of
the minor and the minor's family.
    (9) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/4-14)  (from Ch. 37, par. 804-14)
    Sec. 4-14. Summons.
    (1) When a petition is filed, the clerk of the court shall
issue a summons with a copy of the petition attached. The
summons shall be directed to the minor's legal guardian or
custodian and to each person named as a respondent in the
petition, except that summons need not be directed to a minor
respondent under 8 years of age for whom the court appoints a
guardian ad litem if the guardian ad litem appears on behalf of
the minor in any proceeding under this Act.
    (2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
    (3) The summons shall be issued under the seal of the
court, attested to and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing.
    (4) The summons may be served by any county sheriff,
coroner, or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
    (5) Service of a summons and petition shall be made by:
        (a) leaving a copy thereof with the person summoned at
    least 3 days before the time stated therein for
    appearance;
        (b) leaving a copy at the summoned person's usual
    place of abode with some person of the family, of the age
    of 10 years or upwards, and informing that person of the
    contents thereof, provided that the officer or other
    person making service shall also send a copy of the
    summons in a sealed envelope with postage fully prepaid,
    addressed to the person summoned at the person's usual
    place of abode, at least 3 days before the time stated
    therein for appearance; or
        (c) leaving a copy thereof with the guardian or
    custodian of a minor, at least 3 days before the time
    stated therein for appearance.
    If the guardian or custodian is an agency of the State of
Illinois, proper service may be made by leaving a copy of the
summons and petition with any administrative employee of such
agency designated by such agency to accept service of summons
and petitions. The certificate of the officer or affidavit of
the person that the officer or person has sent the copy
pursuant to this Section is sufficient proof of service.
    (6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
    (7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court. A copy of the summons and petition shall be provided to
the person at the time of the person's appearance.
    (8) Fines or assessments, such as fees or administrative
costs, in the service of process shall not be ordered or
imposed on a minor or a minor's parent, guardian, or legal
custodian.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-25-23.)
 
    (705 ILCS 405/4-16)  (from Ch. 37, par. 804-16)
    Sec. 4-16. Guardian ad litem.
    (1) Immediately upon the filing of a petition alleging
that the minor is a person described in Section 4-3 of this
Act, the court may appoint a guardian ad litem for the minor
if:
        (a) such petition alleges that the minor is the victim
    of sexual abuse or misconduct; or
        (b) such petition alleges that charges alleging the
    commission of any of the sex offenses defined in Article
    11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
    11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
    Criminal Code of 1961 or the Criminal Code of 2012, have
    been filed against a defendant in any court and that such
    minor is the alleged victim of the acts of the defendant in
    the commission of such offense.
    Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law, the guardian ad litem
shall be represented in the performance of the guardian ad
litem's duties by counsel.
    (2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if:
        (a) no parent, guardian, custodian, or relative of the
    minor appears at the first or any subsequent hearing of
    the case;
        (b) the petition prays for the appointment of a
    guardian with power to consent to adoption; or
        (c) the petition for which the minor is before the
    court resulted from a report made pursuant to the Abused
    and Neglected Child Reporting Act.
    (3) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and the minor's parents or other custodian
or that it is otherwise in the minor's interest to do so.
    (4) Unless the guardian ad litem is an attorney, the
guardian ad litem shall be represented by counsel.
    (5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and paid from
the general fund of the county.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-20-23.)
 
    (705 ILCS 405/4-18)  (from Ch. 37, par. 804-18)
    Sec. 4-18. Continuance under supervision.
    (1) The court may enter an order of continuance under
supervision (a) upon an admission or stipulation by the
appropriate respondent or minor respondent of the facts
supporting the petition and before proceeding to findings and
adjudication, or after hearing the evidence at the
adjudicatory hearing but before noting in the minutes of the
proceeding a finding of whether or not the minor is an addict,
and (b) in the absence of objection made in open court by the
minor, the minor's parent, guardian, custodian, responsible
relative, or defense attorney, or the State's Attorney.
    (2) If the minor, the minor's parent, guardian, custodian,
responsible relative, or defense attorney, or the State's
Attorney, objects in open court to any such continuance and
insists upon proceeding to findings and adjudication, the
court shall so proceed.
    (3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
    (4) When a hearing is continued pursuant to this Section,
the court may permit the minor to remain in the minor's home
subject to such conditions concerning the minor's conduct and
supervision as the court may require by order.
    (5) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that such
condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The
filing of a petition for violation of a condition of the
continuance under supervision shall toll the period of
continuance under supervision until the final determination of
the charge, and the term of the continuance under supervision
shall not run until the hearing and disposition of the
petition for violation; provided where the petition alleges
conduct that does not constitute a criminal offense, the
hearing must be held within 15 days of the filing of the
petition unless a delay in such hearing has been occasioned by
the minor, in which case the delay shall continue the tolling
of the period of continuance under supervision for the period
of such delay.
    (6) (Blank).
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-6-23.)
 
    (705 ILCS 405/4-21)  (from Ch. 37, par. 804-21)
    Sec. 4-21. Kinds of dispositional orders.
    (1) A minor found to be addicted under Section 4-3 may be
(a) committed to the Department of Children and Family
Services, subject to Section 5 of the Children and Family
Services Act; (b) placed under supervision and released to the
minor's parents, guardian, or legal custodian; (c) placed in
accordance with Section 4-25 with or without also being placed
under supervision. Conditions of supervision may be modified
or terminated by the court if it deems that the best interests
of the minor and the public will be served thereby; (d)
required to attend an approved alcohol or drug abuse treatment
or counseling program on an inpatient or outpatient basis
instead of or in addition to the disposition otherwise
provided for in this paragraph; (e) ordered partially or
completely emancipated in accordance with the provisions of
the Emancipation of Minors Act; or (f) subject to having the
minor's driver's license or driving privilege suspended for
such time as determined by the Court but only until the minor
attains 18 years of age. No disposition under this subsection
shall provide for the minor's placement in a secure facility.
    (2) Any order of disposition may provide for protective
supervision under Section 4-22 and may include an order of
protection under Section 4-23.
    (3) Unless the order of disposition expressly so provides,
it does not operate to close proceedings on the pending
petition, but is subject to modification until final closing
and discharge of the proceedings under Section 4-29.
    (4) In addition to any other order of disposition, the
court may order any minor found to be addicted under this
Article as neglected with respect to the minor's injurious
behavior, to make restitution, in monetary or non-monetary
form, under the terms and conditions of Section 5-5-6 of the
Unified Code of Corrections, except that the "presentence
hearing" referred to therein shall be the dispositional
hearing for purposes of this Section. The parent, guardian, or
legal custodian of the minor may pay some or all of such
restitution on the minor's behalf.
    (5) Any order for disposition where the minor is placed in
accordance with Section 4-25 shall provide for the parents or
guardian of the estate of such minor to pay to the legal
custodian or guardian of the person of the minor such sums as
are determined by the custodian or guardian of the person of
the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section 9.1
of the Children and Family Services Act.
    (6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
    (7) (Blank).
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-25-23.)
 
    (705 ILCS 405/5-105)
    Sec. 5-105. Definitions. As used in this Article:
        (1) "Aftercare release" means the conditional and
    revocable release of an adjudicated delinquent juvenile
    committed to the Department of Juvenile Justice under the
    supervision of the Department of Juvenile Justice.
        (1.5) "Court" means the circuit court in a session or
    division assigned to hear proceedings under this Act, and
    includes the term Juvenile Court.
        (2) "Community service" means uncompensated labor for
    a community service agency as hereinafter defined.
        (2.5) "Community service agency" means a
    not-for-profit organization, community organization,
    church, charitable organization, individual, public
    office, or other public body whose purpose is to enhance
    the physical or mental health of a delinquent minor or to
    rehabilitate the minor, or to improve the environmental
    quality or social welfare of the community which agrees to
    accept community service from juvenile delinquents and to
    report on the progress of the community service to the
    State's Attorney pursuant to an agreement or to the court
    or to any agency designated by the court or to the
    authorized diversion program that has referred the
    delinquent minor for community service.
        (3) "Delinquent minor" means any minor who prior to
    the minor's 18th birthday has violated or attempted to
    violate an Illinois State, county, or municipal law or
    ordinance.
        (4) "Department" means the Department of Human
    Services unless specifically referenced as another
    department.
        (5) "Detention" means the temporary care of a minor
    who is alleged to be or has been adjudicated delinquent
    and who requires secure custody for the minor's own
    protection or the community's protection in a facility
    designed to physically restrict the minor's movements,
    pending disposition by the court or execution of an order
    of the court for placement or commitment. Design features
    that physically restrict movement include, but are not
    limited to, locked rooms and the secure handcuffing of a
    minor to a rail or other stationary object. In addition,
    "detention" includes the court ordered care of an alleged
    or adjudicated delinquent minor who requires secure
    custody pursuant to Section 5-125 of this Act.
        (6) "Diversion" means the referral of a juvenile,
    without court intervention, into a program that provides
    services designed to educate the juvenile and develop a
    productive and responsible approach to living in the
    community.
        (7) "Juvenile detention home" means a public facility
    with specially trained staff that conforms to the county
    juvenile detention standards adopted by the Department of
    Juvenile Justice.
        (8) "Juvenile justice continuum" means a set of
    delinquency prevention programs and services designed for
    the purpose of preventing or reducing delinquent acts,
    including criminal activity by youth gangs, as well as
    intervention, rehabilitation, and prevention services
    targeted at minors who have committed delinquent acts, and
    minors who have previously been committed to residential
    treatment programs for delinquents. The term includes
    children-in-need-of-services and
    families-in-need-of-services programs; aftercare and
    reentry services; substance abuse and mental health
    programs; community service programs; community service
    work programs; and alternative-dispute resolution programs
    serving youth-at-risk of delinquency and their families,
    whether offered or delivered by State or local
    governmental entities, public or private for-profit or
    not-for-profit organizations, or religious or charitable
    organizations. This term would also encompass any program
    or service consistent with the purpose of those programs
    and services enumerated in this subsection.
        (9) "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.
        (10) "Minor" means a person under the age of 21 years
    subject to this Act.
        (11) "Non-secure custody" means confinement where the
    minor is not physically restricted by being placed in a
    locked cell or room, by being handcuffed to a rail or other
    stationary object, or by other means. "Non-secure custody"
    may include, but is not limited to, electronic monitoring,
    foster home placement, home confinement, group home
    placement, or physical restriction of movement or activity
    solely through facility staff.
        (12) "Public or community service" means uncompensated
    labor for a not-for-profit organization or public body
    whose purpose is to enhance physical or mental stability
    of the offender, environmental quality or the social
    welfare and which agrees to accept public or community
    service from offenders and to report on the progress of
    the offender and the public or community service to the
    court or to the authorized diversion program that has
    referred the offender for public or community service.
    "Public or community service" does not include blood
    donation or assignment to labor at a blood bank. For the
    purposes of this Act, "blood bank" has the meaning
    ascribed to the term in Section 2-124 of the Illinois
    Clinical Laboratory and Blood Bank Act.
        (13) "Sentencing hearing" means a hearing to determine
    whether a minor should be adjudged a ward of the court, and
    to determine what sentence should be imposed on the minor.
    It is the intent of the General Assembly that the term
    "sentencing hearing" replace the term "dispositional
    hearing" and be synonymous with that definition as it was
    used in the Juvenile Court Act of 1987.
        (14) "Shelter" means the temporary care of a minor in
    physically unrestricting facilities pending court
    disposition or execution of court order for placement.
        (15) "Site" means a not-for-profit organization,
    public body, church, charitable organization, or
    individual agreeing to accept community service from
    offenders and to report on the progress of ordered or
    required public or community service to the court or to
    the authorized diversion program that has referred the
    offender for public or community service.
        (16) "Station adjustment" means the informal or formal
    handling of an alleged offender by a juvenile police
    officer.
        (17) "Trial" means a hearing to determine whether the
    allegations of a petition under Section 5-520 that a minor
    is delinquent are proved beyond a reasonable doubt. It is
    the intent of the General Assembly that the term "trial"
    replace the term "adjudicatory hearing" and be synonymous
    with that definition as it was used in the Juvenile Court
    Act of 1987.
    The changes made to this Section by Public Act 98-61 apply
to violations or attempted violations committed on or after
January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-27, eff. 1-1-24; revised 12-15-23.)
 
    (705 ILCS 405/5-120)
    Sec. 5-120. Exclusive jurisdiction. Proceedings may be
instituted under the provisions of this Article concerning any
minor who prior to the minor's 18th birthday has violated or
attempted to violate an Illinois State, county, or municipal
law or ordinance. Except as provided in Sections 5-125, 5-130,
5-805, and 5-810 of this Article, no minor who was under 18
years of age at the time of the alleged offense may be
prosecuted under the criminal laws of this State.
    The changes made to this Section by Public Act 98-61 this
amendatory Act of the 98th General Assembly apply to
violations or attempted violations committed on or after
January 1, 2014 (the effective date of Public Act 98-61) this
amendatory Act.
(Source: P.A. 103-22, eff. 8-8-23; 103-27, eff. 1-1-24;
revised 12-15-23.)
 
    (705 ILCS 405/5-401.6)
    Sec. 5-401.6. Prohibition of deceptive tactics.
    (a) In this Section:
    "Custodial interrogation" means any interrogation (i)
during which a reasonable person in the subject's position
would consider the subject to be in custody and (ii) during
which a question is asked that is reasonably likely to elicit
an incriminating response.
    "Deception" means the knowing communication of false facts
about evidence or unauthorized statements regarding leniency
by a law enforcement officer or juvenile officer to a subject
of custodial interrogation.
    "Person with a severe or profound intellectual disability"
means a person (i) whose intelligence quotient does not exceed
40 or (ii) whose intelligence quotient does not exceed 55 and
who suffers from significant mental illness to the extent that
the person's ability to exercise rational judgment is
impaired.
    "Place of detention" means a building or a police station
that is a place of operation for a municipal police department
or county sheriff department or other law enforcement agency
at which persons are or may be held in detention in connection
with criminal charges against those persons or allegations
that those persons are delinquent minors.
    "Protected person" means: a minor who, at the time of the
commission of the offense, was under 18 years of age; or a
person with a severe or profound intellectual disability.
    (b) An oral, written, or sign language confession of a
protected person made as a result of a custodial interrogation
conducted at a police station or other place of detention on or
after January 1, 2022 (the effective date of Public Act
102-101) this amendatory Act of the 102nd General Assembly
shall be presumed to be inadmissible as evidence against the
protected person making the confession in a criminal
proceeding or a juvenile court proceeding for an act that if
committed by an adult would be a misdemeanor offense under
Article 11 of the Criminal Code of 2012 or a felony offense
under the Criminal Code of 2012 if, during the custodial
interrogation, a law enforcement officer or juvenile officer
knowingly engages in deception.
    (c) The presumption of inadmissibility of a confession of
a protected person at a custodial interrogation at a police
station or other place of detention, when such confession is
procured through the knowing use of deception, may be overcome
by a preponderance of the evidence that the confession was
voluntarily given, based on the totality of the circumstances.
    (d) The burden of going forward with the evidence and the
burden of proving that a confession was voluntary shall be on
the State. Objection to the failure of the State to call all
material witnesses on the issue of whether the confession was
voluntary must be made in the trial court.
(Source: P.A. 102-101, eff. 1-1-22; 103-22, eff. 8-8-23;
103-341, eff. 1-1-24; revised 12-15-23.)
 
    (705 ILCS 405/5-410)
    Sec. 5-410. Non-secure custody or detention.
    (1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from the minor's home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
    (2)(a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secure
custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. A minor under 13 years of age shall not be admitted,
kept, or detained in a detention facility unless a local youth
service provider, including a provider through the
Comprehensive Community Based Youth Services network, has been
contacted and has not been able to accept the minor. No minor
under 12 years of age shall be detained in a county jail or a
municipal lockup for more than 6 hours.
    (a-5) For a minor arrested or taken into custody for
vehicular hijacking or aggravated vehicular hijacking, a
previous finding of delinquency for vehicular hijacking or
aggravated vehicular hijacking shall be given greater weight
in determining whether secured custody of a minor is a matter
of immediate and urgent necessity for the protection of the
minor or of the person or property of another.
    (b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays, and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
    (b-4) The consultation required by paragraph (b-5) shall
not be applicable if the probation officer or detention
officer (or other public officer designated by the court in a
county having 3,000,000 or more inhabitants) utilizes a
scorable detention screening instrument, which has been
developed with input by the State's Attorney, to determine
whether a minor should be detained; , however, paragraph (b-5)
shall still be applicable where no such screening instrument
is used or where the probation officer, detention officer (or
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) deviates from the
screening instrument.
    (b-5) Subject to the provisions of paragraph (b-4), if a
probation officer or detention officer (or other public
officer designated by the court in a county having 3,000,000
or more inhabitants) does not intend to detain a minor for an
offense which constitutes one of the following offenses, the
probation officer or detention officer (or other public
officer designated by the court in a county having 3,000,000
or more inhabitants) shall consult with the State's Attorney's
Office prior to the release of the minor: first degree murder,
second degree murder, involuntary manslaughter, criminal
sexual assault, aggravated criminal sexual assault, aggravated
battery with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05, aggravated or heinous battery involving permanent
disability or disfigurement or great bodily harm, robbery,
aggravated robbery, armed robbery, vehicular hijacking,
aggravated vehicular hijacking, vehicular invasion, arson,
aggravated arson, kidnapping, aggravated kidnapping, home
invasion, burglary, or residential burglary.
    (c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the Substance
Use Disorder Act Alcoholism and Other Drug Abuse and
Dependency Act.
        (i) The period of detention is deemed to have begun
    once the minor has been placed in a locked room or cell or
    handcuffed to a stationary object in a building housing a
    county jail or municipal lockup. Time spent transporting a
    minor is not considered to be time in detention or secure
    custody.
        (ii) Any minor so confined shall be under periodic
    supervision and shall not be permitted to come into or
    remain in contact with adults in custody in the building.
        (iii) Upon placement in secure custody in a jail or
    lockup, the minor shall be informed of the purpose of the
    detention, the time it is expected to last and the fact
    that it cannot exceed the time specified under this Act.
        (iv) A log shall be kept which shows the offense which
    is the basis for the detention, the reasons and
    circumstances for the decision to detain, and the length
    of time the minor was in detention.
        (v) Violation of the time limit on detention in a
    county jail or municipal lockup shall not, in and of
    itself, render inadmissible evidence obtained as a result
    of the violation of this time limit. Minors under 18 years
    of age shall be kept separate from confined adults and may
    not at any time be kept in the same cell, room, or yard
    with adults confined pursuant to criminal law. Persons 18
    years of age and older who have a petition of delinquency
    filed against them may be confined in an adult detention
    facility. In making a determination whether to confine a
    person 18 years of age or older who has a petition of
    delinquency filed against the person, these factors, among
    other matters, shall be considered:
            (A) the age of the person;
            (B) any previous delinquent or criminal history of
        the person;
            (C) any previous abuse or neglect history of the
        person; and
            (D) any mental health or educational history of
        the person, or both.
    (d)(i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound,
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays, and
court-designated holidays. To accept or hold minors during
this time period, county jails shall comply with all
monitoring standards adopted by the Department of Corrections
and training standards approved by the Illinois Law
Enforcement Training Standards Board.
    (ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards adopted by the Department of
Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
    (iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all county juvenile detention standards
adopted by the Department of Juvenile Justice.
    (e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court
may enter an order directing that the juvenile be confined in
the county jail. However, any juvenile confined in the county
jail under this provision shall be separated from adults who
are confined in the county jail in such a manner that there
will be no contact by sight, sound, or otherwise between the
juvenile and adult prisoners.
    (f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
    (g) For purposes of processing a minor, the minor may be
taken to a county jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound
separation provisions shall not apply.
    (3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) determines that the
minor may be a delinquent minor as described in subsection (3)
of Section 5-105, and should be retained in custody but does
not require physical restriction, the minor may be placed in
non-secure custody for up to 40 hours pending a detention
hearing.
    (4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of the
minor's parent or guardian subject to such conditions as the
court may impose.
    (5) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/5-525)
    Sec. 5-525. Service.
    (1) Service by summons.
        (a) Upon the commencement of a delinquency
    prosecution, the clerk of the court shall issue a summons
    with a copy of the petition attached. The summons shall be
    directed to the minor's parent, guardian or legal
    custodian and to each person named as a respondent in the
    petition, except that summons need not be directed (i) to
    a minor respondent under 8 years of age for whom the court
    appoints a guardian ad litem if the guardian ad litem
    appears on behalf of the minor in any proceeding under
    this Act, or (ii) to a parent who does not reside with the
    minor, does not make regular child support payments to the
    minor, to the minor's other parent, or to the minor's
    legal guardian or custodian pursuant to a support order,
    and has not communicated with the minor on a regular
    basis.
        (b) The summons must contain a statement that the
    minor is entitled to have an attorney present at the
    hearing on the petition, and that the clerk of the court
    should be notified promptly if the minor desires to be
    represented by an attorney but is financially unable to
    employ counsel.
        (c) The summons shall be issued under the seal of the
    court, attested in and signed with the name of the clerk of
    the court, dated on the day it is issued, and shall require
    each respondent to appear and answer the petition on the
    date set for the adjudicatory hearing.
        (d) The summons may be served by any law enforcement
    officer, coroner or probation officer, even though the
    officer is the petitioner. The return of the summons with
    endorsement of service by the officer is sufficient proof
    of service.
        (e) Service of a summons and petition shall be made
    by: (i) leaving a copy of the summons and petition with the
    person summoned at least 3 days before the time stated in
    the summons for appearance; (ii) leaving a copy at the
    summoned person's usual place of abode with some person of
    the family, of the age of 10 years or upwards, and
    informing that person of the contents of the summons and
    petition, provided, the officer or other person making
    service shall also send a copy of the summons in a sealed
    envelope with postage fully prepaid, addressed to the
    person summoned at the person's usual place of abode, at
    least 3 days before the time stated in the summons for
    appearance; or (iii) leaving a copy of the summons and
    petition with the guardian or custodian of a minor, at
    least 3 days before the time stated in the summons for
    appearance. If the guardian or legal custodian is an
    agency of the State of Illinois, proper service may be
    made by leaving a copy of the summons and petition with any
    administrative employee of the agency designated by the
    agency to accept the service of summons and petitions. The
    certificate of the officer or affidavit of the person that
    the officer or person has sent the copy pursuant to this
    Section is sufficient proof of service.
        (f) When a parent or other person, who has signed a
    written promise to appear and bring the minor to court or
    who has waived or acknowledged service, fails to appear
    with the minor on the date set by the court, a bench
    warrant may be issued for the parent or other person, the
    minor, or both.
    (2) Service by certified mail or publication.
        (a) If service on individuals as provided in
    subsection (1) is not made on any respondent within a
    reasonable time or if it appears that any respondent
    resides outside the State, service may be made by
    certified mail. In that case the clerk shall mail the
    summons and a copy of the petition to that respondent by
    certified mail marked for delivery to addressee only. The
    court shall not proceed with the adjudicatory hearing
    until 5 days after the mailing. The regular return receipt
    for certified mail is sufficient proof of service.
        (b) If service upon individuals as provided in
    subsection (1) is not made on any respondents within a
    reasonable time or if any person is made a respondent
    under the designation of "All Whom It May Concern", or if
    service cannot be made because the whereabouts of a
    respondent are unknown, service may be made by
    publication. The clerk of the court as soon as possible
    shall cause publication to be made once in a newspaper of
    general circulation in the county where the action is
    pending. Service by publication is not required in any
    case when the person alleged to have legal custody of the
    minor has been served with summons personally or by
    certified mail, but the court may not enter any order or
    judgment against any person who cannot be served with
    process other than by publication unless service by
    publication is given or unless that person appears.
    Failure to provide service by publication to a
    non-custodial parent whose whereabouts are unknown shall
    not deprive the court of jurisdiction to proceed with a
    trial or a plea of delinquency by the minor. When a minor
    has been detained or sheltered under Section 5-501 of this
    Act and summons has not been served personally or by
    certified mail within 20 days from the date of the order of
    court directing such detention or shelter care, the clerk
    of the court shall cause publication. Service by
    publication shall be substantially as follows:
            "A, B, C, D, (here giving the names of the named
        respondents, if any) and to All Whom It May Concern (if
        there is any respondent under that designation):
            Take notice that on (insert date) a petition was
        filed under the Juvenile Court Act of 1987 by .... in
        the circuit court of .... county entitled 'In the
        interest of ...., a minor', and that in .... courtroom
        at .... on (insert date) at the hour of ...., or as
        soon thereafter as this cause may be heard, an
        adjudicatory hearing will be held upon the petition to
        have the child declared to be a ward of the court under
        that Act. The court has authority in this proceeding
        to take from you the custody and guardianship of the
        minor.
            Now, unless you appear at the hearing and show
        cause against the petition, the allegations of the
        petition may stand admitted as against you and each of
        you, and an order or judgment entered.
            ........................................
            Clerk
            Dated (insert the date of publication)"
        (c) The clerk shall also at the time of the
    publication of the notice send a copy of the notice by mail
    to each of the respondents on account of whom publication
    is made at each respondent's last known address. The
    certificate of the clerk that the clerk has mailed the
    notice is evidence of that mailing. No other publication
    notice is required. Every respondent notified by
    publication under this Section must appear and answer in
    open court at the hearing. The court may not proceed with
    the adjudicatory hearing until 10 days after service by
    publication on any custodial parent, guardian or legal
    custodian of a minor alleged to be delinquent.
        (d) If it becomes necessary to change the date set for
    the hearing in order to comply with this Section, notice
    of the resetting of the date must be given, by certified
    mail or other reasonable means, to each respondent who has
    been served with summons personally or by certified mail.
    (3) Once jurisdiction has been established over a party,
further service is not required and notice of any subsequent
proceedings in that prosecution shall be made in accordance
with provisions of Section 5-530.
    (4) The appearance of the minor's parent, guardian, or
legal custodian, or a person named as a respondent in a
petition, in any proceeding under this Act shall constitute a
waiver of service and submission to the jurisdiction of the
court. A copy of the petition shall be provided to the person
at the time of the person's appearance.
    (5) Fines or assessments, such as fees or administrative
costs in the service of process, shall not be ordered or
imposed on a minor or a minor's parent, guardian, or legal
custodian.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-11-23.)
 
    (705 ILCS 405/5-601)
    Sec. 5-601. Trial.
    (1) When a petition has been filed alleging that the minor
is a delinquent, a trial must be held within 120 days of a
written demand for such hearing made by any party, except that
when the State, without success, has exercised due diligence
to obtain evidence material to the case and there are
reasonable grounds to believe that the evidence may be
obtained at a later date, the court may, upon motion by the
State, continue the trial for not more than 30 additional
days.
    (2) If a minor respondent has multiple delinquency
petitions pending against the minor in the same county and
simultaneously demands a trial upon more than one delinquency
petition pending against the minor in the same county, the
minor shall receive a trial or have a finding, after waiver of
trial, upon at least one such petition before expiration
relative to any of the pending petitions of the period
described by this Section. All remaining petitions thus
pending against the minor respondent shall be adjudicated
within 160 days from the date on which a finding relative to
the first petition prosecuted is rendered under Section 5-620
of this Article, or, if the trial upon the first petition is
terminated without a finding and there is no subsequent trial,
or adjudication after waiver of trial, on the first petition
within a reasonable time, the minor shall receive a trial upon
all of the remaining petitions within 160 days from the date on
which the trial, or finding after waiver of trial, on the first
petition is concluded. If either such period of 160 days
expires without the commencement of trial, or adjudication
after waiver of trial, of any of the remaining pending
petitions, the petition or petitions shall be dismissed and
barred for want of prosecution unless the delay is occasioned
by any of the reasons described in this Section.
    (3) When no such trial is held within the time required by
subsections (1) and (2) of this Section, the court shall, upon
motion by any party, dismiss the petition with prejudice.
    (4) Without affecting the applicability of the tolling and
multiple prosecution provisions of subsections (8) and (2) of
this Section when a petition has been filed alleging that the
minor is a delinquent and the minor is in detention or shelter
care, the trial shall be held within 30 calendar days after the
date of the order directing detention or shelter care, or the
earliest possible date in compliance with the provisions of
Section 5-525 as to the custodial parent, guardian, or legal
custodian, but no later than 45 calendar days from the date of
the order of the court directing detention or shelter care.
When the petition alleges the minor has committed an offense
involving a controlled substance as defined in the Illinois
Controlled Substances Act or methamphetamine as defined in the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State, continue the trial for
receipt of a confirmatory laboratory report for up to 45 days
after the date of the order directing detention or shelter
care. When the petition alleges the minor committed an offense
that involves the death of, great bodily harm to or sexual
assault or aggravated criminal sexual abuse on a victim, the
court may, upon motion of the State, continue the trial for not
more than 70 calendar days after the date of the order
directing detention or shelter care.
    Any failure to comply with the time limits of this Section
shall require the immediate release of the minor from
detention, and the time limits set forth in subsections (1)
and (2) shall apply.
    (5) If the court determines that the State, without
success, has exercised due diligence to obtain the results of
DNA testing that is material to the case, and that there are
reasonable grounds to believe that the results may be obtained
at a later date, the court may continue the cause on
application of the State for not more than 120 additional
days. The court may also extend the period of detention of the
minor for not more than 120 additional days.
    (6) If the State's Attorney makes a written request that a
proceeding be designated an extended juvenile jurisdiction
prosecution, and the minor is in detention, the period the
minor can be held in detention pursuant to subsection (4),
shall be extended an additional 30 days after the court
determines whether the proceeding will be designated an
extended juvenile jurisdiction prosecution or the State's
Attorney withdraws the request for extended juvenile
jurisdiction prosecution.
    (7) When the State's Attorney files a motion for waiver of
jurisdiction pursuant to Section 5-805, and the minor is in
detention, the period the minor can be held in detention
pursuant to subsection (4), shall be extended an additional 30
days if the court denies motion for waiver of jurisdiction or
the State's Attorney withdraws the motion for waiver of
jurisdiction.
    (8) The period in which a trial shall be held as prescribed
by subsection subsections (1), (2), (3), (4), (5), (6), or (7)
of this Section is tolled by: (i) delay occasioned by the
minor; (ii) a continuance allowed pursuant to Section 114-4 of
the Code of Criminal Procedure of 1963 after the court's
determination of the minor's incapacity for trial; (iii) an
interlocutory appeal; (iv) an examination of fitness ordered
pursuant to Section 104-13 of the Code of Criminal Procedure
of 1963; (v) a fitness hearing; or (vi) an adjudication of
unfitness for trial. Any such delay shall temporarily suspend,
for the time of the delay, the period within which a trial must
be held as prescribed by subsections (1), (2), (4), (5), and
(6) of this Section. On the day of expiration of the delays,
the period shall continue at the point at which the time was
suspended.
    (9) Nothing in this Section prevents the minor or the
minor's parents, guardian, or legal custodian from exercising
their respective rights to waive the time limits set forth in
this Section.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/5-610)
    Sec. 5-610. Guardian ad litem and appointment of attorney.
    (1) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and the minor's parent, guardian, or legal
custodian or that it is otherwise in the minor's interest to do
so.
    (2) Unless the guardian ad litem is an attorney, the
guardian ad litem shall be represented by counsel.
    (3) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and paid from
the general fund of the county.
    (4) If, during the court proceedings, the parents,
guardian, or legal custodian prove that the minor has an
actual conflict of interest with the minor in that delinquency
proceeding and that the parents, guardian, or legal custodian
are indigent, the court shall appoint a separate attorney for
that parent, guardian, or legal custodian.
    (5) A guardian ad litem appointed under this Section for a
minor who is in the custody or guardianship of the Department
of Children and Family Services or who has an open intact
family services case with the Department of Children and
Family Services is entitled to receive copies of any and all
classified reports of child abuse or neglect made pursuant to
the Abused and Neglected Child Reporting Act in which the
minor, who is the subject of the report under the Abused and
Neglected Child Reporting Act, is also a minor for whom the
guardian ad litem is appointed under this Act. The Department
of Children and Family Services' obligation under this
subsection to provide reports to a guardian ad litem for a
minor with an open intact family services case applies only if
the guardian ad litem notified the Department in writing of
the representation.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-11-23.)
 
    (705 ILCS 405/5-615)
    Sec. 5-615. Continuance under supervision.
    (1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony:
        (a) upon an admission or stipulation by the
    appropriate respondent or minor respondent of the facts
    supporting the petition and before the court makes a
    finding of delinquency, and in the absence of objection
    made in open court by the minor, the minor's parent,
    guardian, or legal custodian, the minor's attorney, or the
    State's Attorney; or
        (b) upon a finding of delinquency and after
    considering the circumstances of the offense and the
    history, character, and condition of the minor, if the
    court is of the opinion that:
            (i) the minor is not likely to commit further
        crimes;
            (ii) the minor and the public would be best served
        if the minor were not to receive a criminal record; and
            (iii) in the best interests of justice an order of
        continuance under supervision is more appropriate than
        a sentence otherwise permitted under this Act.
    (2) (Blank).
    (3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
    (4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period
of continuance under supervision may not exceed 24 months. The
court may terminate a continuance under supervision at any
time if warranted by the conduct of the minor and the ends of
justice or vacate the finding of delinquency or both.
    (5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
        (a) not violate any criminal statute of any
    jurisdiction;
        (b) make a report to and appear in person before any
    person or agency as directed by the court;
        (c) work or pursue a course of study or vocational
    training;
        (d) undergo medical or psychotherapeutic treatment
    rendered by a therapist licensed under the provisions of
    the Medical Practice Act of 1987, the Clinical
    Psychologist Licensing Act, or the Clinical Social Work
    and Social Work Practice Act, or an entity licensed by the
    Department of Human Services as a successor to the
    Department of Alcoholism and Substance Abuse, for the
    provision of substance use disorder services as defined in
    Section 1-10 of the Substance Use Disorder Act;
        (e) attend or reside in a facility established for the
    instruction or residence of persons on probation;
        (f) support the minor's dependents, if any;
        (g) (blank);
        (h) refrain from possessing a firearm or other
    dangerous weapon, or an automobile;
        (i) permit the probation officer to visit the minor at
    the minor's home or elsewhere;
        (j) reside with the minor's parents or in a foster
    home;
        (k) attend school;
        (k-5) with the consent of the superintendent of the
    facility, attend an educational program at a facility
    other than the school in which the offense was committed
    if the minor committed a crime of violence as defined in
    Section 2 of the Crime Victims Compensation Act in a
    school, on the real property comprising a school, or
    within 1,000 feet of the real property comprising a
    school;
        (l) attend a non-residential program for youth;
        (m) provide nonfinancial contributions to the minor's
    own support at home or in a foster home;
        (n) perform some reasonable public or community
    service that does not interfere with school hours,
    school-related activities, or work commitments of the
    minor or the minor's parent, guardian, or legal custodian;
        (o) make restitution to the victim, in the same manner
    and under the same conditions as provided in subsection
    (4) of Section 5-710, except that the "sentencing hearing"
    referred to in that Section shall be the adjudicatory
    hearing for purposes of this Section;
        (p) comply with curfew requirements as designated by
    the court;
        (q) refrain from entering into a designated geographic
    area except upon terms as the court finds appropriate. The
    terms may include consideration of the purpose of the
    entry, the time of day, other persons accompanying the
    minor, and advance approval by a probation officer;
        (r) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including, but not limited to, members
    of street gangs and drug users or dealers;
        (r-5) undergo a medical or other procedure to have a
    tattoo symbolizing allegiance to a street gang removed
    from the minor's body;
        (s) refrain from having in the minor's body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or
    the Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of
    the minor's blood or urine or both for tests to determine
    the presence of any illicit drug; or
        (t) comply with any other conditions as may be ordered
    by the court.
    (6) A minor whose case is continued under supervision
under subsection (5) shall be given a certificate setting
forth the conditions imposed by the court. Those conditions
may be reduced, enlarged, or modified by the court on motion of
the probation officer or on its own motion, or that of the
State's Attorney, or, at the request of the minor after notice
and hearing.
    (7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that a condition of
supervision has not been fulfilled, the court may proceed to
findings, adjudication, and disposition or adjudication and
disposition. The filing of a petition for violation of a
condition of the continuance under supervision shall toll the
period of continuance under supervision until the final
determination of the charge, and the term of the continuance
under supervision shall not run until the hearing and
disposition of the petition for violation; provided where the
petition alleges conduct that does not constitute a criminal
offense, the hearing must be held within 30 days of the filing
of the petition unless a delay shall continue the tolling of
the period of continuance under supervision for the period of
the delay.
    (8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 is continued under this Section, the court shall, as a
condition of the continuance under supervision, require the
minor to perform community service for not less than 30 and not
more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need
not be limited to, the cleanup and repair of the damage that
was caused by the alleged violation or similar damage to
property located in the municipality or county in which the
alleged violation occurred. The condition may be in addition
to any other condition. Community service shall not interfere
with the school hours, school-related activities, or work
commitments of the minor or the minor's parent, guardian, or
legal custodian.
    (8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph (d) of subsection (1) of Section 21-1 of the
Criminal Code of 1961 or paragraph (4) of subsection (a) of
Section 21-1 or the Criminal Code of 2012 is continued under
this Section, the court shall, as a condition of the
continuance under supervision, require the minor to undergo
medical or psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
    (9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or in
furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 or paragraph (2) of subsection
(c) of Section 12-2 of the Criminal Code of 1961 or the
Criminal Code of 2012, a violation of any Section of Article 24
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
violation of any statute that involved the unlawful use of a
firearm. If the court determines the question in the
affirmative the court shall, as a condition of the continuance
under supervision and as part of or in addition to any other
condition of the supervision, require the minor to perform
community service for not less than 30 hours, provided that
community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include,
but need not be limited to, the cleanup and repair of any
damage caused by an alleged violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damage to property located in the municipality or county in
which the alleged violation occurred. When possible and
reasonable, the community service shall be performed in the
minor's neighborhood. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
Community service shall not interfere with the school hours,
school-related activities, or work commitments of the minor or
the minor's parent, guardian, or legal custodian.
    (10) (Blank).
    (11) (Blank).
    (12) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, shall not be ordered or imposed
on a minor or the minor's parent, guardian, or legal custodian
as a condition of continuance under supervision. If the minor
or the minor's parent, guardian, or legal custodian is unable
to cover the cost of a condition under this subsection, the
court shall not preclude the minor from receiving continuance
under supervision based on the inability to pay. Inability to
pay shall not be grounds to object to the minor's placement on
a continuance under supervision.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 8-25-23.)
 
    (705 ILCS 405/5-625)
    Sec. 5-625. Absence of minor.
    (1) When a minor after arrest and an initial court
appearance for a felony, fails to appear for trial, at the
request of the State and after the State has affirmatively
proven through substantial evidence that the minor is
willfully avoiding trial, the court may commence trial in the
absence of the minor. The absent minor must be represented by
retained or appointed counsel. If trial had previously
commenced in the presence of the minor and the minor is
willfully absent for 2 successive court days, the court shall
proceed to trial. All procedural rights guaranteed by the
United States Constitution, Constitution of the State of
Illinois, statutes of the State of Illinois, and rules of
court shall apply to the proceedings the same as if the minor
were present in court. The court may set the case for a trial
which may be conducted under this Section despite the failure
of the minor to appear at the hearing at which the trial date
is set. When the trial date is set, the clerk shall send to the
minor, by certified mail at the minor's last known address,
notice of the new date which has been set for trial. The
notification shall be required when the minor was not
personally present in open court at the time when the case was
set for trial.
    (2) The absence of the minor from a trial conducted under
this Section does not operate as a bar to concluding the trial,
to a finding of guilty resulting from the trial, or to a final
disposition of the trial in favor of the minor.
    (3) Upon a finding or verdict of not guilty, the court
shall enter a finding for the minor. Upon a finding or verdict
of guilty, the court shall set a date for the hearing of
post-trial motions and shall hear the motion in the absence of
the minor. If post-trial motions are denied, the court shall
proceed to conduct a sentencing hearing and to impose a
sentence upon the minor. A social investigation is waived if
the minor is absent.
    (4) A minor who is absent for part of the proceedings of
trial, post-trial motions, or sentencing, does not thereby
forfeit the minor's right to be present at all remaining
proceedings.
    (5) When a minor who in the minor's absence has been either
found guilty or sentenced or both found guilty and sentenced
appears before the court, the minor must be granted a new trial
or a new sentencing hearing if the minor can establish that the
minor's failure to appear in court was both without the
minor's fault and due to circumstances beyond the minor's
control. A hearing with notice to the State's Attorney on the
minors request for a new trial or a new sentencing hearing must
be held before any such request may be granted. At any such
hearing both the minor and the State may present evidence.
    (6) If the court grants only the minor's request for a new
sentencing hearing, then a new sentencing hearing shall be
held in accordance with the provisions of this Article. At any
such hearing, both the minor and the State may offer evidence
of the minor's conduct during the minor's period of absence
from the court. The court may impose any sentence authorized
by this Article and in the case of an extended juvenile
jurisdiction prosecution the Unified Code of Corrections and
is not in any way limited or restricted by any sentence
previously imposed.
    (7) A minor whose motion under subsection (5) for a new
trial or new sentencing hearing has been denied may file a
notice of appeal from the denial. The notice may also include a
request for review of the finding and sentence not vacated by
the trial court.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/5-705)
    Sec. 5-705. Sentencing hearing; evidence; continuance.
    (1) In this subsection (1), "violent crime" has the same
meaning ascribed to the term in subsection (c) of Section 3 of
the Rights of Crime Victims and Witnesses Act. At the
sentencing hearing, the court shall determine whether it is in
the best interests of the minor or the public that the minor be
made a ward of the court, and, if the minor is to be made a
ward of the court, the court shall determine the proper
disposition best serving the interests of the minor and the
public. All evidence helpful in determining these questions,
including oral and written reports, may be admitted and may be
relied upon to the extent of its probative value, even though
not competent for the purposes of the trial. A crime victim
shall be allowed to present an oral or written statement, as
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and as provided in Section 6 of the Rights of
Crime Victims and Witnesses Act, in any case in which: (a) a
juvenile has been adjudicated delinquent for a violent crime
after a bench or jury trial; or (b) the petition alleged the
commission of a violent crime and the juvenile has been
adjudicated delinquent under a plea agreement of a crime that
is not a violent crime. The court shall allow a victim to make
an oral statement if the victim is present in the courtroom and
requests to make an oral statement. An oral statement includes
the victim or a representative of the victim reading the
written statement. The court may allow persons impacted by the
crime who are not victims under subsection (a) of Section 3 of
the Rights of Crime Victims and Witnesses Act to present an
oral or written statement. A victim and any person making an
oral statement shall not be put under oath or subject to
cross-examination. A record of a prior continuance under
supervision under Section 5-615, whether successfully
completed or not, is admissible at the sentencing hearing. No
order of commitment to the Department of Juvenile Justice
shall be entered against a minor before a written report of
social investigation, which has been completed within the
previous 60 days, is presented to and considered by the court.
    (2) Once a party has been served in compliance with
Section 5-525, no further service or notice must be given to
that party prior to proceeding to a sentencing hearing. Before
imposing sentence the court shall advise the State's Attorney
and the parties who are present or their counsel of the factual
contents and the conclusions of the reports prepared for the
use of the court and considered by it, and afford fair
opportunity, if requested, to controvert them. Factual
contents, conclusions, documents and sources disclosed by the
court under this paragraph shall not be further disclosed
without the express approval of the court.
    (3) On its own motion or that of the State's Attorney, a
parent, guardian, legal custodian, or counsel, the court may
adjourn the hearing for a reasonable period to receive reports
or other evidence and, in such event, shall make an
appropriate order for detention of the minor or the minor's
release from detention subject to supervision by the court
during the period of the continuance. In the event the court
shall order detention hereunder, the period of the continuance
shall not exceed 30 court days. At the end of such time, the
court shall release the minor from detention unless notice is
served at least 3 days prior to the hearing on the continued
date that the State will be seeking an extension of the period
of detention, which notice shall state the reason for the
request for the extension. The extension of detention may be
for a maximum period of an additional 15 court days or a lesser
number of days at the discretion of the court. However, at the
expiration of the period of extension, the court shall release
the minor from detention if a further continuance is granted.
In scheduling investigations and hearings, the court shall
give priority to proceedings in which a minor is in detention
or has otherwise been removed from the minor's home before a
sentencing order has been made.
    (4) When commitment to the Department of Juvenile Justice
is ordered, the court shall state the basis for selecting the
particular disposition, and the court shall prepare such a
statement for inclusion in the record.
    (5) Before a sentencing order is entered by the court
under Section 5-710 for a minor adjudged delinquent for a
violation of paragraph (3.5) of subsection (a) of Section 26-1
of the Criminal Code of 2012, in which the minor made a threat
of violence, death, or bodily harm against a person, school,
school function, or school event, the court may order a mental
health evaluation of the minor by a physician, clinical
psychologist, or qualified examiner, whether employed by the
State, by any public or private mental health facility or part
of the facility, or by any public or private medical facility
or part of the facility. A statement made by a minor during the
course of a mental health evaluation conducted under this
subsection (5) is not admissible on the issue of delinquency
during the course of an adjudicatory hearing held under this
Act. Neither the physician, clinical psychologist, or
qualified examiner, or the employer of the physician, clinical
psychologist, or qualified examiner, shall be held criminally,
civilly, or professionally liable for performing a mental
health examination under this subsection (5), except for
willful or wanton misconduct. In this subsection (5),
"qualified examiner" has the meaning provided in Section 1-122
of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    (705 ILCS 405/5-710)
    Sec. 5-710. Kinds of sentencing orders.
    (1) The following kinds of sentencing orders may be made
in respect of wards of the court:
        (a) Except as provided in Sections 5-805, 5-810, and
    5-815, a minor who is found guilty under Section 5-620 may
    be:
            (i) put on probation or conditional discharge and
        released to the minor's parents, guardian or legal
        custodian, provided, however, that any such minor who
        is not committed to the Department of Juvenile Justice
        under this subsection and who is found to be a
        delinquent for an offense which is first degree
        murder, a Class X felony, or a forcible felony shall be
        placed on probation;
            (ii) placed in accordance with Section 5-740, with
        or without also being put on probation or conditional
        discharge;
            (iii) required to undergo a substance abuse
        assessment conducted by a licensed provider and
        participate in the indicated clinical level of care;
            (iv) on and after January 1, 2015 (the effective
        date of Public Act 98-803) and before January 1, 2017,
        placed in the guardianship of the Department of
        Children and Family Services, but only if the
        delinquent minor is under 16 years of age or, pursuant
        to Article II of this Act, a minor under the age of 18
        for whom an independent basis of abuse, neglect, or
        dependency exists. On and after January 1, 2017,
        placed in the guardianship of the Department of
        Children and Family Services, but only if the
        delinquent minor is under 15 years of age or, pursuant
        to Article II of this Act, a minor for whom an
        independent basis of abuse, neglect, or dependency
        exists. An independent basis exists when the
        allegations or adjudication of abuse, neglect, or
        dependency do not arise from the same facts, incident,
        or circumstances which give rise to a charge or
        adjudication of delinquency;
            (v) placed in detention for a period not to exceed
        30 days, either as the exclusive order of disposition
        or, where appropriate, in conjunction with any other
        order of disposition issued under this paragraph,
        provided that any such detention shall be in a
        juvenile detention home and the minor so detained
        shall be 10 years of age or older. However, the 30-day
        limitation may be extended by further order of the
        court for a minor under age 15 committed to the
        Department of Children and Family Services if the
        court finds that the minor is a danger to the minor or
        others. The minor shall be given credit on the
        sentencing order of detention for time spent in
        detention under Sections 5-501, 5-601, 5-710, or 5-720
        of this Article as a result of the offense for which
        the sentencing order was imposed. The court may grant
        credit on a sentencing order of detention entered
        under a violation of probation or violation of
        conditional discharge under Section 5-720 of this
        Article for time spent in detention before the filing
        of the petition alleging the violation. A minor shall
        not be deprived of credit for time spent in detention
        before the filing of a violation of probation or
        conditional discharge alleging the same or related act
        or acts. The limitation that the minor shall only be
        placed in a juvenile detention home does not apply as
        follows:
            Persons 18 years of age and older who have a
        petition of delinquency filed against them may be
        confined in an adult detention facility. In making a
        determination whether to confine a person 18 years of
        age or older who has a petition of delinquency filed
        against the person, these factors, among other
        matters, shall be considered:
                (A) the age of the person;
                (B) any previous delinquent or criminal
            history of the person;
                (C) any previous abuse or neglect history of
            the person;
                (D) any mental health history of the person;
            and
                (E) any educational history of the person;
            (vi) ordered partially or completely emancipated
        in accordance with the provisions of the Emancipation
        of Minors Act;
            (vii) subject to having the minor's driver's
        license or driving privileges suspended for such time
        as determined by the court but only until the minor
        attains 18 years of age;
            (viii) put on probation or conditional discharge
        and placed in detention under Section 3-6039 of the
        Counties Code for a period not to exceed the period of
        incarceration permitted by law for adults found guilty
        of the same offense or offenses for which the minor was
        adjudicated delinquent, and in any event no longer
        than upon attainment of age 21; this subdivision
        (viii) notwithstanding any contrary provision of the
        law;
            (ix) ordered to undergo a medical or other
        procedure to have a tattoo symbolizing allegiance to a
        street gang removed from the minor's body; or
            (x) placed in electronic monitoring or home
        detention under Part 7A of this Article.
        (b) A minor found to be guilty may be committed to the
    Department of Juvenile Justice under Section 5-750 if the
    minor is at least 13 years and under 20 years of age,
    provided that the commitment to the Department of Juvenile
    Justice shall be made only if the minor was found guilty of
    a felony offense or first degree murder. The court shall
    include in the sentencing order any pre-custody credits
    the minor is entitled to under Section 5-4.5-100 of the
    Unified Code of Corrections. The time during which a minor
    is in custody before being released upon the request of a
    parent, guardian or legal custodian shall also be
    considered as time spent in custody.
        (c) When a minor is found to be guilty for an offense
    which is a violation of the Illinois Controlled Substances
    Act, the Cannabis Control Act, or the Methamphetamine
    Control and Community Protection Act and made a ward of
    the court, the court may enter a disposition order
    requiring the minor to undergo assessment, counseling or
    treatment in a substance use disorder treatment program
    approved by the Department of Human Services.
    (2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
    (3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
    (4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
    (5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
    (6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
    (7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Chapter V of the Unified Code of Corrections.
    (7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not
be illegal if committed by an adult.
    (7.6) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense which is a Class
4 felony under Section 19-4 (criminal trespass to a
residence), 21-1 (criminal damage to property), 21-1.01
(criminal damage to government supported property), 21-1.3
(criminal defacement of property), 26-1 (disorderly conduct),
or 31-4 (obstructing justice) of the Criminal Code of 2012.
    (7.75) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense that is a Class 3
or Class 4 felony violation of the Illinois Controlled
Substances Act unless the commitment occurs upon a third or
subsequent judicial finding of a violation of probation for
substantial noncompliance with court-ordered treatment or
programming.
    (8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section. Community service shall not interfere with the school
hours, school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian.
    (8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of
subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
    (9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved
in the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county.
    (10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a
violation of subsection (a) of Section 12-7.1 of the Criminal
Code of 1961 or the Criminal Code of 2012, a violation of any
Section of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a violation of any statute that
involved the wrongful use of a firearm. If the court
determines the question in the affirmative, and the court does
not commit the minor to the Department of Juvenile Justice,
the court shall order the minor to perform community service
for not less than 30 hours nor more than 120 hours, provided
that community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include,
but need not be limited to, the cleanup and repair of any
damage caused by a violation of Section 21-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012 and similar damage to
property located in the municipality or county in which the
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile
Justice. Community service shall not interfere with the school
hours, school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian. For
the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (11) If the court determines that the offense was
committed in furtherance of the criminal activities of an
organized gang, as provided in subsection (10), and that the
offense involved the operation or use of a motor vehicle or the
use of a driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor
shall not be issued a driver's license or permit until the
minor's 18th birthday. If the minor holds a driver's license
or permit at the time of the determination, the court shall
provide that the minor's driver's license or permit shall be
revoked until the minor's 21st birthday, or until a later date
or occurrence determined by the court. If the minor holds a
driver's license at the time of the determination, the court
may direct the Secretary of State to issue the minor a judicial
driving permit, also known as a JDP. The JDP shall be subject
to the same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
    (12) (Blank).
    (13) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, relating to any sentencing order
shall not be ordered or imposed on a minor or the minor's
parent, guardian, or legal custodian. The inability of a
minor, or minor's parent, guardian, or legal custodian, to
cover the costs associated with an appropriate sentencing
order shall not be the basis for the court to enter a
sentencing order incongruent with the court's findings
regarding the offense on which the minor was adjudicated or
the mitigating factors.
(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23;
103-379, eff. 7-28-23; revised 8-25-23.)
 
    (705 ILCS 405/5-715)
    Sec. 5-715. Probation.
    (1) The period of probation or conditional discharge shall
not exceed 5 years or until the minor has attained the age of
21 years, whichever is less, except as provided in this
Section for a minor who is found to be guilty for an offense
which is first degree murder. The juvenile court may terminate
probation or conditional discharge and discharge the minor at
any time if warranted by the conduct of the minor and the ends
of justice; provided, however, that the period of probation
for a minor who is found to be guilty for an offense which is
first degree murder shall be at least 5 years.
    (1.5) The period of probation for a minor who is found
guilty of aggravated criminal sexual assault, criminal sexual
assault, or aggravated battery with a firearm shall be at
least 36 months. The period of probation for a minor who is
found to be guilty of any other Class X felony shall be at
least 24 months. The period of probation for a Class 1 or Class
2 forcible felony shall be at least 18 months. Regardless of
the length of probation ordered by the court, for all offenses
under this subsection paragraph (1.5), the court shall
schedule hearings to determine whether it is in the best
interest of the minor and public safety to terminate probation
after the minimum period of probation has been served. In such
a hearing, there shall be a rebuttable presumption that it is
in the best interest of the minor and public safety to
terminate probation.
    (2) The court may as a condition of probation or of
conditional discharge require that the minor:
        (a) not violate any criminal statute of any
    jurisdiction;
        (b) make a report to and appear in person before any
    person or agency as directed by the court;
        (c) work or pursue a course of study or vocational
    training;
        (d) undergo medical or psychiatric treatment, rendered
    by a psychiatrist or psychological treatment rendered by a
    clinical psychologist or social work services rendered by
    a clinical social worker, or treatment for drug addiction
    or alcoholism;
        (e) attend or reside in a facility established for the
    instruction or residence of persons on probation;
        (f) support the minor's dependents, if any;
        (g) refrain from possessing a firearm or other
    dangerous weapon, or an automobile;
        (h) permit the probation officer to visit the minor at
    the minor's home or elsewhere;
        (i) reside with the minor's parents or in a foster
    home;
        (j) attend school;
        (j-5) with the consent of the superintendent of the
    facility, attend an educational program at a facility
    other than the school in which the offense was committed
    if the minor committed a crime of violence as defined in
    Section 2 of the Crime Victims Compensation Act in a
    school, on the real property comprising a school, or
    within 1,000 feet of the real property comprising a
    school;
        (k) attend a non-residential program for youth;
        (l) make restitution under the terms of subsection (4)
    of Section 5-710;
        (m) provide nonfinancial contributions to the minor's
    own support at home or in a foster home;
        (n) perform some reasonable public or community
    service that does not interfere with school hours,
    school-related activities, or work commitments of the
    minor or the minor's parent, guardian, or legal custodian;
        (o) participate with community corrections programs
    including unified delinquency intervention services
    administered by the Department of Human Services subject
    to Section 5 of the Children and Family Services Act;
        (p) (blank);
        (q) serve a term of home confinement. In addition to
    any other applicable condition of probation or conditional
    discharge, the conditions of home confinement shall be
    that the minor:
            (i) remain within the interior premises of the
        place designated for the minor's confinement during
        the hours designated by the court;
            (ii) admit any person or agent designated by the
        court into the minor's place of confinement at any
        time for purposes of verifying the minor's compliance
        with the conditions of the minor's confinement; and
            (iii) use an approved electronic monitoring device
        if ordered by the court subject to Article 8A of
        Chapter V of the Unified Code of Corrections;
        (r) refrain from entering into a designated geographic
    area except upon terms as the court finds appropriate. The
    terms may include consideration of the purpose of the
    entry, the time of day, other persons accompanying the
    minor, and advance approval by a probation officer, if the
    minor has been placed on probation, or advance approval by
    the court, if the minor has been placed on conditional
    discharge;
        (s) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including, but not limited to, members
    of street gangs and drug users or dealers;
        (s-5) undergo a medical or other procedure to have a
    tattoo symbolizing allegiance to a street gang removed
    from the minor's body;
        (t) refrain from having in the minor's body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or
    the Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and shall submit samples
    of the minor's blood or urine or both for tests to
    determine the presence of any illicit drug; or
        (u) comply with other conditions as may be ordered by
    the court.
    (3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on any
alcohol, cannabis, methamphetamine, or controlled substance
violation, refrain from acquiring a driver's license during
the period of probation or conditional discharge. If the minor
is in possession of a permit or license, the court may require
that the minor refrain from driving or operating any motor
vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
    (3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty
and placed on probation for reasons that include a violation
of Section 3.02 or Section 3.03 of the Humane Care for Animals
Act or paragraph (4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The condition may be in addition
to any other condition.
    (3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as
defined in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment
shall be in conformance with the standards developed under the
Sex Offender Management Board Act and conducted by a treatment
provider approved by the Board.
    (4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which
the minor is being released.
    (5) (Blank).
    (5.5) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit with
the concurrence of both courts. Further transfers or
retransfers of jurisdiction are also authorized in the same
manner. The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
    If the transfer case originated in another state and has
been transferred under the Interstate Compact for Juveniles to
the jurisdiction of an Illinois circuit court for supervision
by an Illinois probation department, probation fees may be
imposed only if permitted by the Interstate Commission for
Juveniles.
    (6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel compliance
with the conditions of probation by responding to violations
with swift, certain, and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations of
the terms and conditions of a sentence of supervision,
probation, or conditional discharge, under this Act.
    The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
    (7) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, shall not be ordered or imposed
on a minor or the minor's parent, guardian, or legal custodian
as a condition of probation, conditional discharge, or
supervision. If the minor or the minor's parent, guardian, or
legal custodian is unable to cover the cost of a condition
under this subsection, the court shall not preclude the minor
from receiving probation, conditional discharge, or
supervision based on the inability to pay. Inability to pay
shall not be grounds to object to the minor's placement on
probation, conditional discharge, or supervision.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-25-23.)
 
    (705 ILCS 405/5-810)
    Sec. 5-810. Extended jurisdiction juvenile prosecutions.
    (1)(a) If the State's Attorney files a petition, at any
time prior to commencement of the minor's trial, to designate
the proceeding as an extended jurisdiction juvenile
prosecution and the petition alleges the commission by a minor
13 years of age or older of any offense which would be a felony
if committed by an adult, and, if the juvenile judge assigned
to hear and determine petitions to designate the proceeding as
an extended jurisdiction juvenile prosecution determines that
there is probable cause to believe that the allegations in the
petition and motion are true, there is a rebuttable
presumption that the proceeding shall be designated as an
extended jurisdiction juvenile proceeding.
    (b) The judge shall enter an order designating the
proceeding as an extended jurisdiction juvenile proceeding
unless the judge makes a finding based on clear and convincing
evidence that sentencing under the Chapter V of the Unified
Code of Corrections would not be appropriate for the minor
based on an evaluation of the following factors:
        (i) the age of the minor;
        (ii) the history of the minor, including:
            (A) any previous delinquent or criminal history of
        the minor,
            (B) any previous abuse or neglect history of the
        minor,
            (C) any mental health, physical and/or educational
        history of the minor, and
            (D) any involvement of the minor in the child
        welfare system;
        (iii) the circumstances of the offense, including:
            (A) the seriousness of the offense,
            (B) whether the minor is charged through
        accountability,
            (C) whether there is evidence the offense was
        committed in an aggressive and premeditated manner,
            (D) whether there is evidence the offense caused
        serious bodily harm,
            (E) whether there is evidence the minor possessed
        a deadly weapon,
            (F) whether there is evidence the minor was
        subjected to outside pressure, including peer
        pressure, familial pressure, or negative influences,
        and
            (G) the minor's degree of participation and
        specific role in the offense;
        (iv) the advantages of treatment within the juvenile
    justice system including whether there are facilities or
    programs, or both, particularly available in the juvenile
    system;
        (v) whether the security of the public requires
    sentencing under Chapter V of the Unified Code of
    Corrections:
            (A) the minor's history of services, including the
        minor's willingness to participate meaningfully in
        available services;
            (B) whether there is a reasonable likelihood that
        the minor can be rehabilitated before the expiration
        of the juvenile court's jurisdiction;
            (C) the adequacy of the punishment or services.
    In considering these factors, the court shall give greater
weight to the seriousness of the alleged offense, and the
minor's prior record of delinquency than to other factors
listed in this subsection.
    (2) Procedures for extended jurisdiction juvenile
prosecutions. The State's Attorney may file a written motion
for a proceeding to be designated as an extended juvenile
jurisdiction prior to commencement of trial. Notice of the
motion shall be in compliance with Section 5-530. When the
State's Attorney files a written motion that a proceeding be
designated an extended jurisdiction juvenile prosecution, the
court shall commence a hearing within 30 days of the filing of
the motion for designation, unless good cause is shown by the
prosecution or the minor as to why the hearing could not be
held within this time period. If the court finds good cause has
been demonstrated, then the hearing shall be held within 60
days of the filing of the motion. The hearings shall be open to
the public unless the judge finds that the hearing should be
closed for the protection of any party, victim or witness. If
the Juvenile Judge assigned to hear and determine a motion to
designate an extended jurisdiction juvenile prosecution
determines that there is probable cause to believe that the
allegations in the petition and motion are true the court
shall grant the motion for designation. Information used by
the court in its findings or stated in or offered in connection
with this Section may be by way of proffer based on reliable
information offered by the State or the minor. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence.
    (3) Trial. A minor who is subject of an extended
jurisdiction juvenile prosecution has the right to trial by
jury. Any trial under this Section shall be open to the public.
    (4) Sentencing. If an extended jurisdiction juvenile
prosecution under subsection (1) results in a guilty plea, a
verdict of guilty, or a finding of guilt, the court shall
impose the following:
        (i) one or more juvenile sentences under Section
    5-710; and
        (ii) an adult criminal sentence in accordance with the
    provisions of Section 5-4.5-105 of the Unified Code of
    Corrections, the execution of which shall be stayed on the
    condition that the offender not violate the provisions of
    the juvenile sentence.
Any sentencing hearing under this Section shall be open to the
public.
    (5) If, after an extended jurisdiction juvenile
prosecution trial, a minor is convicted of a lesser-included
offense or of an offense that the State's Attorney did not
designate as an extended jurisdiction juvenile prosecution,
the State's Attorney may file a written motion, within 10 days
of the finding of guilt, that the minor be sentenced as an
extended jurisdiction juvenile prosecution offender. The court
shall rule on this motion using the factors found in paragraph
(1)(b) of Section 5-805. If the court denies the State's
Attorney's motion for sentencing under the extended
jurisdiction juvenile prosecution provision, the court shall
proceed to sentence the minor under Section 5-710.
    (6) When it appears that a minor convicted in an extended
jurisdiction juvenile prosecution under subsection (1) has
violated the conditions of the minor's sentence, or is alleged
to have committed a new offense upon the filing of a petition
to revoke the stay, the court may, without notice, issue a
warrant for the arrest of the minor. After a hearing, if the
court finds by a preponderance of the evidence that the minor
committed a new offense, the court shall order execution of
the previously imposed adult criminal sentence. After a
hearing, if the court finds by a preponderance of the evidence
that the minor committed a violation of the minor's sentence
other than by a new offense, the court may order execution of
the previously imposed adult criminal sentence or may continue
the minor on the existing juvenile sentence with or without
modifying or enlarging the conditions. Upon revocation of the
stay of the adult criminal sentence and imposition of that
sentence, the minor's extended jurisdiction juvenile status
shall be terminated. The on-going jurisdiction over the
minor's case shall be assumed by the adult criminal court and
juvenile court jurisdiction shall be terminated and a report
of the imposition of the adult sentence shall be sent to the
Illinois State Police.
    (7) Upon successful completion of the juvenile sentence
the court shall vacate the adult criminal sentence.
    (8) Nothing in this Section precludes the State from
filing a motion for transfer under Section 5-805.
(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24;
revised 12-15-23.)
 
    (705 ILCS 405/5-915)
    Sec. 5-915. Expungement of juvenile law enforcement and
juvenile court records.
    (0.05) (Blank).
    (0.1)(a) The Illinois State Police and all law enforcement
agencies within the State shall automatically expunge, on or
before January 1 of each year, except as described in
paragraph (c) of this subsection (0.1), all juvenile law
enforcement records relating to events occurring before an
individual's 18th birthday if:
        (1) one year or more has elapsed since the date of the
    arrest or law enforcement interaction documented in the
    records;
        (2) no petition for delinquency or criminal charges
    were filed with the clerk of the circuit court relating to
    the arrest or law enforcement interaction documented in
    the records; and
        (3) 6 months have elapsed since the date of the arrest
    without an additional subsequent arrest or filing of a
    petition for delinquency or criminal charges whether
    related or not to the arrest or law enforcement
    interaction documented in the records.
    (b) If the law enforcement agency is unable to verify
satisfaction of conditions (2) and (3) of this subsection
(0.1), records that satisfy condition (1) of this subsection
(0.1) shall be automatically expunged if the records relate to
an offense that if committed by an adult would not be an
offense classified as a Class 2 felony or higher, an offense
under Article 11 of the Criminal Code of 1961 or Criminal Code
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
    (c) If the juvenile law enforcement record was received
through a public submission to a statewide student
confidential reporting system administered by the Illinois
State Police, the record will be maintained for a period of 5
years according to all other provisions in this subsection
(0.1).
    (0.15) If a juvenile law enforcement record meets
paragraph (a) of subsection (0.1) of this Section, a juvenile
law enforcement record created:
        (1) prior to January 1, 2018, but on or after January
    1, 2013 shall be automatically expunged prior to January
    1, 2020;
        (2) prior to January 1, 2013, but on or after January
    1, 2000, shall be automatically expunged prior to January
    1, 2023; and
        (3) prior to January 1, 2000 shall not be subject to
    the automatic expungement provisions of this Act.
    Nothing in this subsection (0.15) shall be construed to
restrict or modify an individual's right to have the person's
juvenile law enforcement records expunged except as otherwise
may be provided in this Act.
    (0.2)(a) Upon dismissal of a petition alleging delinquency
or upon a finding of not delinquent, the successful
termination of an order of supervision, or the successful
termination of an adjudication for an offense which would be a
Class B misdemeanor, Class C misdemeanor, or a petty or
business offense if committed by an adult, the court shall
automatically order the expungement of the juvenile court
records and juvenile law enforcement records. The clerk shall
deliver a certified copy of the expungement order to the
Illinois State Police and the arresting agency. Upon request,
the State's Attorney shall furnish the name of the arresting
agency. The expungement shall be completed within 60 business
days after the receipt of the expungement order.
    (b) If the chief law enforcement officer of the agency, or
the chief law enforcement officer's designee, certifies in
writing that certain information is needed for a pending
investigation involving the commission of a felony, that
information, and information identifying the juvenile, may be
retained until the statute of limitations for the felony has
run. If the chief law enforcement officer of the agency, or the
chief law enforcement officer's designee, certifies in writing
that certain information is needed with respect to an internal
investigation of any law enforcement office, that information
and information identifying the juvenile may be retained
within an intelligence file until the investigation is
terminated or the disciplinary action, including appeals, has
been completed, whichever is later. Retention of a portion of
a juvenile's law enforcement record does not disqualify the
remainder of a juvenile's record from immediate automatic
expungement.
    (0.3)(a) Upon an adjudication of delinquency based on any
offense except a disqualified offense, the juvenile court
shall automatically order the expungement of the juvenile
court and law enforcement records 2 years after the juvenile's
case was closed if no delinquency or criminal proceeding is
pending and the person has had no subsequent delinquency
adjudication or criminal conviction. The clerk shall deliver a
certified copy of the expungement order to the Illinois State
Police and the arresting agency. Upon request, the State's
Attorney shall furnish the name of the arresting agency. The
expungement shall be completed within 60 business days after
the receipt of the expungement order. In this subsection
(0.3), "disqualified offense" means any of the following
offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
subsection (b) of Section 8-1, paragraph (4) of subsection (a)
of Section 11-14.4, subsection (a-5) of Section 12-3.1,
paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
paragraph (1) of subsection (a) of Section 12-9, subparagraph
(H) of paragraph (3) of subsection (a) of Section 24-1.6,
paragraph (1) of subsection (a) of Section 25-1, or subsection
(a-7) of Section 31-1 of the Criminal Code of 2012.
    (b) If the chief law enforcement officer of the agency, or
the chief law enforcement officer's designee, certifies in
writing that certain information is needed for a pending
investigation involving the commission of a felony, that
information, and information identifying the juvenile, may be
retained in an intelligence file until the investigation is
terminated or for one additional year, whichever is sooner.
Retention of a portion of a juvenile's juvenile law
enforcement record does not disqualify the remainder of a
juvenile's record from immediate automatic expungement.
    (0.4) Automatic expungement for the purposes of this
Section shall not require law enforcement agencies to
obliterate or otherwise destroy juvenile law enforcement
records that would otherwise need to be automatically expunged
under this Act, except after 2 years following the subject
arrest for purposes of use in civil litigation against a
governmental entity or its law enforcement agency or personnel
which created, maintained, or used the records. However, these
juvenile law enforcement records shall be considered expunged
for all other purposes during this period and the offense,
which the records or files concern, shall be treated as if it
never occurred as required under Section 5-923.
    (0.5) Subsection (0.1) or (0.2) of this Section does not
apply to violations of traffic, boating, fish and game laws,
or county or municipal ordinances.
    (0.6) Juvenile law enforcement records of a plaintiff who
has filed civil litigation against the governmental entity or
its law enforcement agency or personnel that created,
maintained, or used the records, or juvenile law enforcement
records that contain information related to the allegations
set forth in the civil litigation may not be expunged until
after 2 years have elapsed after the conclusion of the
lawsuit, including any appeal.
    (0.7) Officer-worn body camera recordings shall not be
automatically expunged except as otherwise authorized by the
Law Enforcement Officer-Worn Body Camera Act.
    (1) Whenever a person has been arrested, charged, or
adjudicated delinquent for an incident occurring before a
person's 18th birthday that if committed by an adult would be
an offense, and that person's juvenile law enforcement and
juvenile court records are not eligible for automatic
expungement under subsection (0.1), (0.2), or (0.3), the
person may petition the court at any time at no cost to the
person for expungement of juvenile law enforcement records and
juvenile court records relating to the incident and, upon
termination of all juvenile court proceedings relating to that
incident, the court shall order the expungement of all records
in the possession of the Illinois State Police, the clerk of
the circuit court, and law enforcement agencies relating to
the incident, but only in any of the following circumstances:
        (a) the minor was arrested and no petition for
    delinquency was filed with the clerk of the circuit court;
        (a-5) the minor was charged with an offense and the
    petition or petitions were dismissed without a finding of
    delinquency;
        (b) the minor was charged with an offense and was
    found not delinquent of that offense;
        (c) the minor was placed under supervision under
    Section 5-615, and the order of supervision has since been
    successfully terminated; or
        (d) the minor was adjudicated for an offense which
    would be a Class B misdemeanor, Class C misdemeanor, or a
    petty or business offense if committed by an adult.
    (1.5) At no cost to the person, the Illinois State Police
shall allow a person to use the Access and Review process,
established in the Illinois State Police, for verifying that
the person's juvenile law enforcement records relating to
incidents occurring before the person's 18th birthday eligible
under this Act have been expunged.
    (1.6) (Blank).
    (1.7) (Blank).
    (1.8) (Blank).
    (2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court at no cost to the person to
expunge all juvenile law enforcement records relating to any
incidents occurring before the person's 18th birthday which
did not result in proceedings in criminal court and all
juvenile court records with respect to any adjudications
except those based upon first degree murder or an offense
under Article 11 of the Criminal Code of 2012 if the person is
required to register under the Sex Offender Registration Act
at the time the person petitions the court for expungement;
provided that 2 years have elapsed since all juvenile court
proceedings relating to the person have been terminated and
the person's commitment to the Department of Juvenile Justice
under this Act has been terminated.
    (2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and shall provide the minor and the minor's
parents or guardians with an expungement information packet,
information regarding this State's expungement laws including
a petition to expunge juvenile law enforcement and juvenile
court records obtained from the clerk of the circuit court.
    (2.6) If a minor is referred to court, then, at the time of
sentencing, dismissal of the case, or successful completion of
supervision, the judge shall inform the delinquent minor of
the minor's rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated
as if it never occurred, (ii) the minor shall not be charged a
fee to petition for expungement, (iii) once the minor obtains
an expungement, the minor may not be required to disclose that
the minor had a juvenile law enforcement or juvenile court
record, and (iv) if petitioning the minor may file the
petition on the minor's own or with the assistance of an
attorney. The failure of the judge to inform the delinquent
minor of the minor's right to petition for expungement as
provided by law does not create a substantive right, nor is
that failure grounds for: (i) a reversal of an adjudication of
delinquency; (ii) a new trial; or (iii) an appeal.
    (2.7) (Blank).
    (2.8) (Blank).
    (3) (Blank).
    (3.1) (Blank).
    (3.2) (Blank).
    (3.3) (Blank).
    (4) (Blank).
    (5) (Blank).
    (5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
    (6) (Blank).
    (6.5) The Illinois State Police or any employee of the
Illinois State Police shall be immune from civil or criminal
liability for failure to expunge any records of arrest that
are subject to expungement under this Section because of
inability to verify a record. Nothing in this Section shall
create Illinois State Police liability or responsibility for
the expungement of juvenile law enforcement records it does
not possess.
    (7) (Blank).
    (7.5) (Blank).
    (8) The expungement of juvenile law enforcement or
juvenile court records under subsection (0.1), (0.2), or (0.3)
of this Section shall be funded by appropriation by the
General Assembly for that purpose.
    (9) (Blank).
    (10) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)
 
    (705 ILCS 405/6-7)  (from Ch. 37, par. 806-7)
    Sec. 6-7. Financial responsibility of counties.
    (1) Each county board shall provide in its annual
appropriation ordinance or annual budget, as the case may be,
a reasonable sum for payments for the care and support of
minors, and for payments for court appointed counsel in
accordance with orders entered under this Act in an amount
which in the judgment of the county board may be needed for
that purpose. Such appropriation or budget item constitutes a
separate fund into which shall be paid the moneys appropriated
by the county board, and all reimbursements by other persons
and by the State. For cases involving minors subject to
Article III, IV, or V of this Act or minors under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of this Act, the county board
shall not seek reimbursement from a minor or the minor's
parent, guardian, or legal custodian.
    (2) No county may be charged with the care and support of
any minor who is not a resident of the county unless the
minor's parents or guardian are unknown or the minor's place
of residence cannot be determined.
    (3) No order upon the county for care and support of a
minor may be entered until the president or chairman of the
county board has had due notice that such a proceeding is
pending.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 8-30-23.)
 
    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
    Sec. 6-9. Enforcement of liability of parents and others.
    (1) If parentage is at issue in any proceeding under this
Act, other than cases involving those exceptions to the
definition of parent set out in item (11) in Section 1-3, then
the Illinois Parentage Act of 2015 shall apply and the court
shall enter orders consistent with that Act. If it appears at
any hearing that a parent or any other person named in the
petition, liable under the law for the support of the minor, is
able to contribute to the minor's support, the court shall
enter an order requiring that parent or other person to pay the
clerk of the court, or to the guardian or custodian appointed
under Section 2-27, a reasonable sum from time to time for the
care, support, and necessary special care or treatment of the
minor. If the court determines at any hearing that a parent or
any other person named in the petition, liable under the law
for the support of the minor, is able to contribute to help
defray the costs associated with the minor's detention in a
county or regional detention center, the court shall enter an
order requiring that parent or other person to pay the clerk of
the court a reasonable sum for the care and support of the
minor. The court may require reasonable security for the
payments. Upon failure to pay, the court may enforce obedience
to the order by a proceeding as for contempt of court.
    Costs associated with detention, legal representation, or
other services or programs under Article III, IV, or V of this
Act shall not be ordered or imposed on a parent, guardian, or
legal custodian liable under the law for the support of a
minor. the minor's the parent or other person the person's
    (2) (Blank). the person the person the person's the person
the person's the person the person's the person
    (3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of the parent's wages,
salary, or commission be made directly to (a) the Department
of Healthcare and Family Services if the minor is a recipient
of aid under Article V of the Code, (b) the Department of Human
Services if the minor is a recipient of aid under Article IV of
the Code, or (c) the local governmental unit responsible for
the support of the minor if the minor is a recipient under
Article Articles VI or VII of the Code. The order shall permit
the Department of Healthcare and Family Services, the
Department of Human Services, or the local governmental unit,
as the case may be, to direct that subsequent payments be made
directly to the guardian or custodian of the minor, or to some
other person or agency in the minor's behalf, upon removal of
the minor from the public aid rolls; and upon such direction
and removal of the minor from the public aid rolls, the
Department of Healthcare and Family Services, the Department
of Human Services, or the local governmental unit, as the case
requires, shall give written notice of such action to the
court. Payments received by the Department of Healthcare and
Family Services, the Department of Human Services, or the
local governmental unit are to be covered, respectively, into
the General Revenue Fund of the State Treasury or the General
Assistance Fund of the governmental unit, as provided in
Section 10-19 of the Illinois Public Aid Code.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
revised 9-15-23.)
 
    (705 ILCS 405/6-10)  (from Ch. 37, par. 806-10)
    Sec. 6-10. State reimbursement of funds.
    (a) Before the 15th day of each month, the clerk of the
court shall itemize all payments received by the clerk under
Section 6-9 during the preceding month and shall pay such
amounts to the county treasurer. Before the 20th day of each
month, the county treasurer shall file with the Department of
Children and Family Services an itemized statement of the
amount of money for the care and shelter of a minor placed in
shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed
under Sections 2-27, 3-28, 4-25, or 5-740 before July 1, 1980
and after June 30, 1981, paid by the county during the last
preceding month pursuant to court order entered under Section
6-8, certified by the court, and an itemized account of all
payments received by the clerk of the court under Section 6-9
during the preceding month and paid over to the county
treasurer, certified by the county treasurer. The Department
of Children and Family Services shall examine and audit the
monthly statement and account, and upon finding them correct,
shall voucher for payment to the county a sum equal to the
amount so paid out by the county less the amount received by
the clerk of the court under Section 6-9 and paid to the county
treasurer but not more than an amount equal to the current
average daily rate paid by the Department of Children and
Family Services for similar services pursuant to Section 5a of
the Children and Family Services Act, approved June 4, 1963,
as amended. Reimbursement to the counties under this Section
for care and support of minors in licensed child caring
institutions must be made by the Department of Children and
Family Services only for care in those institutions which have
filed with the Department a certificate affirming that they
admit minors on the basis of need without regard to race or
ethnic origin.
    (b) The county treasurer may file with the Department of
Children and Family Services an itemized statement of the
amount of money paid by the county during the last preceding
month pursuant to court order entered under Section 6-8,
certified by the court, and an itemized account of all
payments received by the clerk of the court under Section 6-9
during the preceding month and paid over to the county
treasurer, certified by the county treasurer. The Department
of Children and Family Services shall examine and audit the
monthly statement and account, and upon finding them correct,
shall voucher for payment to the county a sum equal to the
amount so paid out by the county less the amount received by
the clerk of the court under Section 6-9 and paid to the county
treasurer. Subject to appropriations for that purpose, the
State shall reimburse the county for the care and shelter of a
minor placed in detention as a result of any new provisions
that are created by the Juvenile Justice Reform Provisions of
1998 (Public Act 90-590).
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    Section 560. The Criminal Code of 2012 is amended by
changing Sections 9-1, 24-1.9, 24-1.10, and 24-5.1 as follows:
 
    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
    Sec. 9-1. First degree murder.
    (a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
        (1) he or she either intends to kill or do great bodily
    harm to that individual or another, or knows that such
    acts will cause death to that individual or another; or
        (2) he or she knows that such acts create a strong
    probability of death or great bodily harm to that
    individual or another; or
        (3) he or she, acting alone or with one or more
    participants, commits or attempts to commit a forcible
    felony other than second degree murder, and in the course
    of or in furtherance of such crime or flight therefrom, he
    or she or another participant causes the death of a
    person.
    (b) (Blank).
    (b-5) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank)..
    (h-5) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) (Blank).
(Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)
 
    (720 ILCS 5/24-1.9)
    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
purchase of assault weapons, .50 caliber rifles, and .50
caliber cartridges.
    (a) Definitions. In this Section:
    (1) "Assault weapon" means any of the following, except as
provided in subdivision (2) of this subsection:
        (A) A semiautomatic rifle that has the capacity to
    accept a detachable magazine or that may be readily
    modified to accept a detachable magazine, if the firearm
    has one or more of the following:
            (i) a pistol grip or thumbhole stock;
            (ii) any feature capable of functioning as a
        protruding grip that can be held by the non-trigger
        hand;
            (iii) a folding, telescoping, thumbhole, or
        detachable stock, or a stock that is otherwise
        foldable or adjustable in a manner that operates to
        reduce the length, size, or any other dimension, or
        otherwise enhances the concealability of, the weapon;
            (iv) a flash suppressor;
            (v) a grenade launcher;
            (vi) a shroud attached to the barrel or that
        partially or completely encircles the barrel, allowing
        the bearer to hold the firearm with the non-trigger
        hand without being burned, but excluding a slide that
        encloses the barrel.
        (B) A semiautomatic rifle that has a fixed magazine
    with the capacity to accept more than 10 rounds, except
    for an attached tubular device designed to accept, and
    capable of operating only with, .22 caliber rimfire
    ammunition.
        (C) A semiautomatic pistol that has the capacity to
    accept a detachable magazine or that may be readily
    modified to accept a detachable magazine, if the firearm
    has one or more of the following:
            (i) a threaded barrel;
            (ii) a second pistol grip or another feature
        capable of functioning as a protruding grip that can
        be held by the non-trigger hand;
            (iii) a shroud attached to the barrel or that
        partially or completely encircles the barrel, allowing
        the bearer to hold the firearm with the non-trigger
        hand without being burned, but excluding a slide that
        encloses the barrel;
            (iv) a flash suppressor;
            (v) the capacity to accept a detachable magazine
        at some location outside of the pistol grip; or
            (vi) a buffer tube, arm brace, or other part that
        protrudes horizontally behind the pistol grip and is
        designed or redesigned to allow or facilitate a
        firearm to be fired from the shoulder.
        (D) A semiautomatic pistol that has a fixed magazine
    with the capacity to accept more than 15 rounds.
        (E) Any shotgun with a revolving cylinder.
        (F) A semiautomatic shotgun that has one or more of
    the following:
            (i) a pistol grip or thumbhole stock;
            (ii) any feature capable of functioning as a
        protruding grip that can be held by the non-trigger
        hand;
            (iii) a folding or thumbhole stock;
            (iv) a grenade launcher;
            (v) a fixed magazine with the capacity of more
        than 5 rounds; or
            (vi) the capacity to accept a detachable magazine.
        (G) Any semiautomatic firearm that has the capacity to
    accept a belt ammunition feeding device.
        (H) Any firearm that has been modified to be operable
    as an assault weapon as defined in this Section.
        (I) Any part or combination of parts designed or
    intended to convert a firearm into an assault weapon,
    including any combination of parts from which an assault
    weapon may be readily assembled if those parts are in the
    possession or under the control of the same person.
        (J) All of the following rifles, copies, duplicates,
    variants, or altered facsimiles with the capability of any
    such weapon:
            (i) All AK types, including the following:
                (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
            AK-47, VEPR, WASR-10, and WUM.
                (II) IZHMASH Saiga AK.
                (III) MAADI AK47 and ARM.
                (IV) Norinco 56S, 56S2, 84S, and 86S.
                (V) Poly Technologies AK47 and AKS.
                (VI) SKS with a detachable magazine.
            (ii) all AR types, including the following:
                (I) AR-10.
                (II) AR-15.
                (III) Alexander Arms Overmatch Plus 16.
                (IV) Armalite M15 22LR Carbine.
                (V) Armalite M15-T.
                (VI) Barrett REC7.
                (VII) Beretta AR-70.
                (VIII) Black Rain Ordnance Recon Scout.
                (IX) Bushmaster ACR.
                (X) Bushmaster Carbon 15.
                (XI) Bushmaster MOE series.
                (XII) Bushmaster XM15.
                (XIII) Chiappa Firearms MFour rifles.
                (XIV) Colt Match Target rifles.
                (XV) CORE Rifle Systems CORE15 rifles.
                (XVI) Daniel Defense M4A1 rifles.
                (XVII) Devil Dog Arms 15 Series rifles.
                (XVIII) Diamondback DB15 rifles.
                (XIX) DoubleStar AR rifles.
                (XX) DPMS Tactical rifles.
                (XXI) DSA Inc. ZM-4 Carbine.
                (XXII) Heckler & Koch MR556.
                (XXIII) High Standard HSA-15 rifles.
                (XXIV) Jesse James Nomad AR-15 rifle.
                (XXV) Knight's Armament SR-15.
                (XXVI) Lancer L15 rifles.
                (XXVII) MGI Hydra Series rifles.
                (XXVIII) Mossberg MMR Tactical rifles.
                (XXIX) Noreen Firearms BN 36 rifle.
                (XXX) Olympic Arms.
                (XXXI) POF USA P415.
                (XXXII) Precision Firearms AR rifles.
                (XXXIII) Remington R-15 rifles.
                (XXXIV) Rhino Arms AR rifles.
                (XXXV) Rock River Arms LAR-15 or Rock River
            Arms LAR-47.
                (XXXVI) Sig Sauer SIG516 rifles and MCX
            rifles.
                (XXXVII) Smith & Wesson M&P15 rifles.
                (XXXVIII) Stag Arms AR rifles.
                (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
            rifles.
                (XL) Uselton Arms Air-Lite M-4 rifles.
                (XLI) Windham Weaponry AR rifles.
                (XLII) WMD Guns Big Beast.
                (XLIII) Yankee Hill Machine Company, Inc.
            YHM-15 rifles.
            (iii) Barrett M107A1.
            (iv) Barrett M82A1.
            (v) Beretta CX4 Storm.
            (vi) Calico Liberty Series.
            (vii) CETME Sporter.
            (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
        AR 110C.
            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
            (x) Feather Industries AT-9.
            (xi) Galil Model AR and Model ARM.
            (xii) Hi-Point Carbine.
            (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
            (xiv) IWI TAVOR, Galil ACE rifle.
            (xv) Kel-Tec Sub-2000, SU-16, and RFB.
            (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
        Sauer SG 551, and SIG MCX.
            (xvii) Springfield Armory SAR-48.
            (xviii) Steyr AUG.
            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
        M-14/20CF.
            (xx) All Thompson rifles, including the following:
                (I) Thompson M1SB.
                (II) Thompson T1100D.
                (III) Thompson T150D.
                (IV) Thompson T1B.
                (V) Thompson T1B100D.
                (VI) Thompson T1B50D.
                (VII) Thompson T1BSB.
                (VIII) Thompson T1-C.
                (IX) Thompson T1D.
                (X) Thompson T1SB.
                (XI) Thompson T5.
                (XII) Thompson T5100D.
                (XIII) Thompson TM1.
                (XIV) Thompson TM1C.
            (xxi) UMAREX UZI rifle.
            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
        UZI Model B Carbine.
            (xxiii) Valmet M62S, M71S, and M78.
            (xxiv) Vector Arms UZI Type.
            (xxv) Weaver Arms Nighthawk.
            (xxvi) Wilkinson Arms Linda Carbine.
        (K) All of the following pistols, copies, duplicates,
    variants, or altered facsimiles with the capability of any
    such weapon thereof:
            (i) All AK types, including the following:
                (I) Centurion 39 AK pistol.
                (II) CZ Scorpion pistol.
                (III) Draco AK-47 pistol.
                (IV) HCR AK-47 pistol.
                (V) IO Inc. Hellpup AK-47 pistol.
                (VI) Krinkov pistol.
                (VII) Mini Draco AK-47 pistol.
                (VIII) PAP M92 pistol.
                (IX) Yugo Krebs Krink pistol.
            (ii) All AR types, including the following:
                (I) American Spirit AR-15 pistol.
                (II) Bushmaster Carbon 15 pistol.
                (III) Chiappa Firearms M4 Pistol GEN II.
                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
                (V) Daniel Defense MK18 pistol.
                (VI) DoubleStar Corporation AR pistol.
                (VII) DPMS AR-15 pistol.
                (VIII) Jesse James Nomad AR-15 pistol.
                (IX) Olympic Arms AR-15 pistol.
                (X) Osprey Armament MK-18 pistol.
                (XI) POF USA AR pistols.
                (XII) Rock River Arms LAR 15 pistol.
                (XIII) Uselton Arms Air-Lite M-4 pistol.
            (iii) Calico pistols.
            (iv) DSA SA58 PKP FAL pistol.
            (v) Encom MP-9 and MP-45.
            (vi) Heckler & Koch model SP-89 pistol.
            (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
        TEC-DC9.
            (viii) IWI Galil Ace pistol, UZI PRO pistol.
            (ix) Kel-Tec PLR 16 pistol.
            (x) All MAC types, including the following:
                (I) MAC-10.
                (II) MAC-11.
                (III) Masterpiece Arms MPA A930 Mini Pistol,
            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
            Tactical Pistol.
                (IV) Military Armament Corp. Ingram M-11.
                (V) Velocity Arms VMAC.
            (xi) Sig Sauer P556 pistol.
            (xii) Sites Spectre.
            (xiii) All Thompson types, including the
        following:
                (I) Thompson TA510D.
                (II) Thompson TA5.
            (xiv) All UZI types, including Micro-UZI.
        (L) All of the following shotguns, copies, duplicates,
    variants, or altered facsimiles with the capability of any
    such weapon thereof:
            (i) DERYA Anakon MC-1980, Anakon SD12.
            (ii) Doruk Lethal shotguns.
            (iii) Franchi LAW-12 and SPAS 12.
            (iv) All IZHMASH Saiga 12 types, including the
        following:
                (I) IZHMASH Saiga 12.
                (II) IZHMASH Saiga 12S.
                (III) IZHMASH Saiga 12S EXP-01.
                (IV) IZHMASH Saiga 12K.
                (V) IZHMASH Saiga 12K-030.
                (VI) IZHMASH Saiga 12K-040 Taktika.
            (v) Streetsweeper.
            (vi) Striker 12.
    (2) "Assault weapon" does not include:
        (A) Any firearm that is an unserviceable firearm or
    has been made permanently inoperable.
        (B) An antique firearm or a replica of an antique
    firearm.
        (C) A firearm that is manually operated by bolt, pump,
    lever or slide action, unless the firearm is a shotgun
    with a revolving cylinder.
        (D) Any air rifle as defined in Section 24.8-0.1 of
    this Code.
        (E) Any handgun, as defined under the Firearm
    Concealed Carry Act, unless otherwise listed in this
    Section.
    (3) "Assault weapon attachment" means any device capable
of being attached to a firearm that is specifically designed
for making or converting a firearm into any of the firearms
listed in paragraph (1) of this subsection (a).
    (4) "Antique firearm" has the meaning ascribed to it in 18
U.S.C. 921(a)(16).
    (5) ".50 caliber rifle" means a centerfire rifle capable
of firing a .50 caliber cartridge. The term does not include
any antique firearm, any shotgun including a shotgun that has
a rifle barrel, or any muzzle-loader which uses black powder
for hunting or historical reenactments.
    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
caliber, either by designation or actual measurement, that is
capable of being fired from a centerfire rifle. The term ".50
caliber cartridge" does not include any memorabilia or display
item that is filled with a permanent inert substance or that is
otherwise permanently altered in a manner that prevents ready
modification for use as live ammunition or shotgun ammunition
with a caliber measurement that is equal to or greater than .50
caliber.
    (7) "Detachable magazine" means an ammunition feeding
device that may be removed from a firearm without disassembly
of the firearm action, including an ammunition feeding device
that may be readily removed from a firearm with the use of a
bullet, cartridge, accessory, or other tool, or any other
object that functions as a tool, including a bullet or
cartridge.
    (8) "Fixed magazine" means an ammunition feeding device
that is permanently attached to a firearm, or contained in and
not removable from a firearm, or that is otherwise not a
detachable magazine, but does not include an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
    (b) Except as provided in subsections (c), (d), and (e),
on or after January 10, 2023 (the effective date of Public Act
102-1116) this amendatory Act of the 102nd General Assembly,
it is unlawful for any person within this State to knowingly
manufacture, deliver, sell, import, or purchase or cause to be
manufactured, delivered, sold, imported, or purchased by
another, an assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge.
    (c) Except as otherwise provided in subsection (d),
beginning January 1, 2024, it is unlawful for any person
within this State to knowingly possess an assault weapon,
assault weapon attachment, .50 caliber rifle, or .50 caliber
cartridge.
    (d) This Section does not apply to a person's possession
of an assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge device if the person lawfully
possessed that assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge prohibited by
subsection (c) of this Section, if the person has provided in
an endorsement affidavit, prior to January 1, 2024, under oath
or affirmation and in the form and manner prescribed by the
Illinois State Police, no later than October 1, 2023:
        (1) the affiant's Firearm Owner's Identification Card
    number;
        (2) an affirmation that the affiant: (i) possessed an
    assault weapon, assault weapon attachment, .50 caliber
    rifle, or .50 caliber cartridge before January 10, 2023
    (the effective date of Public Act 102-1116) this
    amendatory Act of the 102nd General Assembly; or (ii)
    inherited the assault weapon, assault weapon attachment,
    .50 caliber rifle, or .50 caliber cartridge from a person
    with an endorsement under this Section or from a person
    authorized under subdivisions (1) through (5) of
    subsection (e) to possess the assault weapon, assault
    weapon attachment, .50 caliber rifle, or .50 caliber
    cartridge; and
        (3) the make, model, caliber, and serial number of the
    .50 caliber rifle or assault weapon or assault weapons
    listed in paragraphs (J), (K), and (L) of subdivision (1)
    of subsection (a) of this Section possessed by the affiant
    prior to January 10, 2023 (the effective date of Public
    Act 102-1116) this amendatory Act of the 102nd General
    Assembly and any assault weapons identified and published
    by the Illinois State Police pursuant to this subdivision
    (3). No later than October 1, 2023, and every October 1
    thereafter, the Illinois State Police shall, via
    rulemaking, identify, publish, and make available on its
    website, the list of assault weapons subject to an
    endorsement affidavit under this subsection (d). The list
    shall identify, but is not limited to, the copies,
    duplicates, variants, and altered facsimiles of the
    assault weapons identified in paragraphs (J), (K), and (L)
    of subdivision (1) of subsection (a) of this Section and
    shall be consistent with the definition of "assault
    weapon" identified in this Section. The Illinois State
    Police may adopt emergency rulemaking in accordance with
    Section 5-45 of the Illinois Administrative Procedure Act.
    The adoption of emergency rules authorized by Section 5-45
    of the Illinois Administrative Procedure Act and this
    paragraph is deemed to be necessary for the public
    interest, safety, and welfare.
    The affidavit form shall include the following statement
printed in bold type: "Warning: Entering false information on
this form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012. Entering false information on this form
is a violation of the Firearm Owners Identification Card Act."
    In any administrative, civil, or criminal proceeding in
this State, a completed endorsement affidavit submitted to the
Illinois State Police by a person under this Section creates a
rebuttable presumption that the person is entitled to possess
and transport the assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge.
    Beginning 90 days after January 10, 2023 (the effective
date of Public Act 102-1116) this amendatory Act of the 102nd
General Assembly, a person authorized under this Section to
possess an assault weapon, assault weapon attachment, .50
caliber rifle, or .50 caliber cartridge shall possess such
items only:
        (1) on private property owned or immediately
    controlled by the person;
        (2) on private property that is not open to the public
    with the express permission of the person who owns or
    immediately controls such property;
        (3) while on the premises of a licensed firearms
    dealer or gunsmith for the purpose of lawful repair;
        (4) while engaged in the legal use of the assault
    weapon, assault weapon attachment, .50 caliber rifle, or
    .50 caliber cartridge at a properly licensed firing range
    or sport shooting competition venue; or
        (5) while traveling to or from these locations,
    provided that the assault weapon, assault weapon
    attachment, or .50 caliber rifle is unloaded and the
    assault weapon, assault weapon attachment, .50 caliber
    rifle, or .50 caliber cartridge is enclosed in a case,
    firearm carrying box, shipping box, or other container.
    Beginning on January 1, 2024, the person with the
endorsement for an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge or a person
authorized under subdivisions (1) through (5) of subsection
(e) to possess an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge may transfer the
assault weapon, assault weapon attachment, .50 caliber rifle,
or .50 caliber cartridge only to an heir, an individual
residing in another state maintaining it in another state, or
a dealer licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968. Within 10 days
after transfer of the weapon except to an heir, the person
shall notify the Illinois State Police of the name and address
of the transferee and comply with the requirements of
subsection (b) of Section 3 of the Firearm Owners
Identification Card Act. The person to whom the weapon or
ammunition is transferred shall, within 60 days of the
transfer, complete an affidavit required under this Section. A
person to whom the weapon is transferred may transfer it only
as provided in this subsection.
    Except as provided in subsection (e) and beginning on
January 1, 2024, any person who moves into this State in
possession of an assault weapon, assault weapon attachment,
.50 caliber rifle, or .50 caliber cartridge shall, within 60
days, apply for a Firearm Owners Identification Card and
complete an endorsement application as outlined in subsection
(d).
    Notwithstanding any other law, information contained in
the endorsement affidavit shall be confidential, is exempt
from disclosure under the Freedom of Information Act, and
shall not be disclosed, except to law enforcement agencies
acting in the performance of their duties.
    (e) The provisions of this Section regarding the purchase
or possession of assault weapons, assault weapon attachments,
.50 caliber rifles, and .50 cartridges, as well as the
provisions of this Section that prohibit causing those items
to be purchased or possessed, do not apply to:
        (1) Peace officers, as defined in Section 2-13 of this
    Code.
        (2) Qualified law enforcement officers and qualified
    retired law enforcement officers as defined in the Law
    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
    and 926C) and as recognized under Illinois law.
        (3) Acquisition and possession by a federal, State, or
    local law enforcement agency for the purpose of equipping
    the agency's peace officers as defined in paragraph (1) or
    (2) of this subsection (e).
        (4) Wardens, superintendents, and keepers of prisons,
    penitentiaries, jails, and other institutions for the
    detention of persons accused or convicted of an offense.
        (5) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard, while
    performing their official duties or while traveling to or
    from their places of duty.
        (6) Any company that employs armed security officers
    in this State at a nuclear energy, storage, weapons, or
    development site or facility regulated by the federal
    Nuclear Regulatory Commission and any person employed as
    an armed security force member at a nuclear energy,
    storage, weapons, or development site or facility
    regulated by the federal Nuclear Regulatory Commission who
    has completed the background screening and training
    mandated by the rules and regulations of the federal
    Nuclear Regulatory Commission and while performing
    official duties.
        (7) Any private security contractor agency licensed
    under the Private Detective, Private Alarm, Private
    Security, Fingerprint Vendor, and Locksmith Act of 2004
    that employs private security contractors and any private
    security contractor who is licensed and has been issued a
    firearm control card under the Private Detective, Private
    Alarm, Private Security, Fingerprint Vendor, and Locksmith
    Act of 2004 while performing official duties.
    The provisions of this Section do not apply to the
manufacture, delivery, sale, import, purchase, or possession
of an assault weapon, assault weapon attachment, .50 caliber
rifle, or .50 caliber cartridge or causing the manufacture,
delivery, sale, importation, purchase, or possession of those
items:
        (A) for sale or transfer to persons authorized under
    subdivisions (1) through (7) of this subsection (e) to
    possess those items;
        (B) for sale or transfer to the United States or any
    department or agency thereof; or
        (C) for sale or transfer in another state or for
    export.
    This Section does not apply to or affect any of the
following:
        (i) Possession of any firearm if that firearm is
    sanctioned by the International Olympic Committee and by
    USA Shooting, the national governing body for
    international shooting competition in the United States,
    but only when the firearm is in the actual possession of an
    Olympic target shooting competitor or target shooting
    coach for the purpose of storage, transporting to and from
    Olympic target shooting practice or events if the firearm
    is broken down in a nonfunctioning state, is not
    immediately accessible, or is unloaded and enclosed in a
    firearm case, carrying box, shipping box, or other similar
    portable container designed for the safe transportation of
    firearms, and when the Olympic target shooting competitor
    or target shooting coach is engaging in those practices or
    events. For the purposes of this paragraph (8), "firearm"
    has the meaning provided in Section 1.1 of the Firearm
    Owners Identification Card Act.
        (ii) Any nonresident who transports, within 24 hours,
    a weapon for any lawful purpose from any place where the
    nonresident may lawfully possess and carry that weapon to
    any other place where the nonresident may lawfully possess
    and carry that weapon if, during the transportation, the
    weapon is unloaded, and neither the weapon nor any
    ammunition being transported is readily accessible or is
    directly accessible from the passenger compartment of the
    transporting vehicle. In the case of a vehicle without a
    compartment separate from the driver's compartment, the
    weapon or ammunition shall be contained in a locked
    container other than the glove compartment or console.
        (iii) Possession of a weapon at an event taking place
    at the World Shooting and Recreational Complex at Sparta,
    only while engaged in the legal use of the weapon, or while
    traveling to or from that location if the weapon is broken
    down in a nonfunctioning state, is not immediately
    accessible, or is unloaded and enclosed in a firearm case,
    carrying box, shipping box, or other similar portable
    container designed for the safe transportation of
    firearms.
        (iv) Possession of a weapon only for hunting use
    expressly permitted under the Wildlife Code, or while
    traveling to or from a location authorized for this
    hunting use under the Wildlife Code if the weapon is
    broken down in a nonfunctioning state, is not immediately
    accessible, or is unloaded and enclosed in a firearm case,
    carrying box, shipping box, or other similar portable
    container designed for the safe transportation of
    firearms. By October 1, 2023, the Illinois State Police,
    in consultation with the Department of Natural Resources,
    shall adopt rules concerning the list of applicable
    weapons approved under this subparagraph (iv). The
    Illinois State Police may adopt emergency rules in
    accordance with Section 5-45 of the Illinois
    Administrative Procedure Act. The adoption of emergency
    rules authorized by Section 5-45 of the Illinois
    Administrative Procedure Act and this paragraph is deemed
    to be necessary for the public interest, safety, and
    welfare.
        (v) The manufacture, transportation, possession, sale,
    or rental of blank-firing assault weapons and .50 caliber
    rifles, or the weapon's respective attachments, to persons
    authorized or permitted, or both authorized and permitted,
    to acquire and possess these weapons or attachments for
    the purpose of rental for use solely as props for a motion
    picture, television, or video production or entertainment
    event.
    Any person not subject to this Section may submit an
endorsement affidavit if the person chooses.
    (f) Any sale or transfer with a background check initiated
to the Illinois State Police on or before January 10, 2023 (the
effective date of Public Act 102-1116) this amendatory Act of
the 102nd General Assembly is allowed to be completed after
January 10, 2023 the effective date of this amendatory Act
once an approval is issued by the Illinois State Police and any
applicable waiting period under Section 24-3 has expired.
    (g) The Illinois State Police shall take all steps
necessary to carry out the requirements of this Section within
by October 1, 2023.
    (h) The Illinois Department of the State Police shall also
develop and implement a public notice and public outreach
campaign to promote awareness about the provisions of Public
Act 102-1116 this amendatory Act of the 102nd General Assembly
and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
 
    (720 ILCS 5/24-1.10)
    Sec. 24-1.10. Manufacture, delivery, sale, and possession
of large capacity ammunition feeding devices.
    (a) In this Section:
    "Handgun" has the meaning ascribed to it in the Firearm
Concealed Carry Act.
    "Long gun" means a rifle or shotgun.
    "Large capacity ammunition feeding device" means:
        (1) a magazine, belt, drum, feed strip, or similar
    device that has a capacity of, or that can be readily
    restored or converted to accept, more than 10 rounds of
    ammunition for long guns and more than 15 rounds of
    ammunition for handguns; or
        (2) any combination of parts from which a device
    described in paragraph (1) can be assembled.
    "Large capacity ammunition feeding device" does not
include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire
ammunition. "Large capacity ammunition feeding device" does
not include a tubular magazine that is contained in a
lever-action firearm or any device that has been made
permanently inoperable.
    (b) Except as provided in subsections (e) and (f), it is
unlawful for any person within this State to knowingly
manufacture, deliver, sell, purchase, or cause to be
manufactured, delivered, sold, or purchased a large capacity
ammunition feeding device.
    (c) Except as provided in subsections (d), (e), and (f),
and beginning 90 days after January 10, 2023 (the effective
date of Public Act 102-1116) this amendatory Act of the 102nd
General Assembly, it is unlawful to knowingly possess a large
capacity ammunition feeding device.
    (d) Subsection (c) does not apply to a person's possession
of a large capacity ammunition feeding device if the person
lawfully possessed that large capacity ammunition feeding
device before January 10, 2023 (the effective date of Public
Act 102-1116) this amendatory Act of the 102nd General
Assembly, provided that the person shall possess such device
only:
        (1) on private property owned or immediately
    controlled by the person;
        (2) on private property that is not open to the public
    with the express permission of the person who owns or
    immediately controls such property;
        (3) while on the premises of a licensed firearms
    dealer or gunsmith for the purpose of lawful repair;
        (4) while engaged in the legal use of the large
    capacity ammunition feeding device at a properly licensed
    firing range or sport shooting competition venue; or
        (5) while traveling to or from these locations,
    provided that the large capacity ammunition feeding device
    is stored unloaded and enclosed in a case, firearm
    carrying box, shipping box, or other container.
    A person authorized under this Section to possess a large
capacity ammunition feeding device may transfer the large
capacity ammunition feeding device only to an heir, an
individual residing in another state maintaining it in another
state, or a dealer licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968. Within 10
days after transfer of the large capacity ammunition feeding
device except to an heir, the person shall notify the Illinois
State Police of the name and address of the transferee and
comply with the requirements of subsection (b) of Section 3 of
the Firearm Owners Identification Card Act. The person to whom
the large capacity ammunition feeding device is transferred
shall, within 60 days of the transfer, notify the Illinois
State Police of the person's acquisition and comply with the
requirements of subsection (b) of Section 3 of the Firearm
Owners Identification Card Act. A person to whom the large
capacity ammunition feeding device is transferred may transfer
it only as provided in this subsection.
    Except as provided in subsections (e) and (f) and
beginning 90 days after January 10, 2023 (the effective date
of Public Act 102-1116) this amendatory Act of the 102nd
General Assembly, any person who moves into this State in
possession of a large capacity ammunition feeding device
shall, within 60 days, apply for a Firearm Owners
Identification Card.
    (e) The provisions of this Section regarding the purchase
or possession of large capacity ammunition feeding devices, as
well as the provisions of this Section that prohibit causing
those items to be purchased or possessed, do not apply to:
        (1) Peace officers as defined in Section 2-13 of this
    Code.
        (2) Qualified law enforcement officers and qualified
    retired law enforcement officers as defined in the Law
    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
    and 926C) and as recognized under Illinois law.
        (3) A federal, State, or local law enforcement agency
    for the purpose of equipping the agency's peace officers
    as defined in paragraph (1) or (2) of this subsection (e).
        (4) Wardens, superintendents, and keepers of prisons,
    penitentiaries, jails, and other institutions for the
    detention of persons accused or convicted of an offense.
        (5) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard, while
    performing their official duties or while traveling to or
    from their places of duty.
        (6) Any company that employs armed security officers
    in this State at a nuclear energy, storage, weapons, or
    development site or facility regulated by the federal
    Nuclear Regulatory Commission and any person employed as
    an armed security force member at a nuclear energy,
    storage, weapons, or development site or facility
    regulated by the federal Nuclear Regulatory Commission who
    has completed the background screening and training
    mandated by the rules and regulations of the federal
    Nuclear Regulatory Commission and while performing
    official duties.
        (7) Any private security contractor agency licensed
    under the Private Detective, Private Alarm, Private
    Security, Fingerprint Vendor, and Locksmith Act of 2004
    that employs private security contractors and any private
    security contractor who is licensed and has been issued a
    firearm control card under the Private Detective, Private
    Alarm, Private Security, Fingerprint Vendor, and Locksmith
    Act of 2004 while performing official duties.
    (f) This Section does not apply to or affect any of the
following:
        (1) Manufacture, delivery, sale, importation,
    purchase, or possession or causing to be manufactured,
    delivered, sold, imported, purchased, or possessed a large
    capacity ammunition feeding device:
            (A) for sale or transfer to persons authorized
        under subdivisions (1) through (7) of subsection (e)
        to possess those items;
            (B) for sale or transfer to the United States or
        any department or agency thereof; or
            (C) for sale or transfer in another state or for
        export.
        (2) Sale or rental of large capacity ammunition
    feeding devices for blank-firing assault weapons and .50
    caliber rifles, to persons authorized or permitted, or
    both authorized and permitted, to acquire these devices
    for the purpose of rental for use solely as props for a
    motion picture, television, or video production or
    entertainment event.
    (g) Sentence. A person who knowingly manufactures,
delivers, sells, purchases, possesses, or causes to be
manufactured, delivered, sold, possessed, or purchased in
violation of this Section a large capacity ammunition feeding
device capable of holding more than 10 rounds of ammunition
for long guns or more than 15 rounds of ammunition for handguns
commits a petty offense with a fine of $1,000 for each
violation.
    (h) The Illinois Department of the State Police shall also
develop and implement a public notice and public outreach
campaign to promote awareness about the provisions of Public
Act 102-1116 this amendatory Act of the 102nd General Assembly
and to increase compliance with this Section.
(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
 
    (720 ILCS 5/24-5.1)
    Sec. 24-5.1. Serialization of unfinished frames or
receivers; prohibition on unserialized firearms; exceptions;
penalties.
    (a) In this Section:
    "Bona fide supplier" means an established business entity
engaged in the development and sale of firearms parts to one or
more federal firearms manufacturers or federal firearms
importers.
    "Federal firearms dealer" means a licensed manufacturer
pursuant to 18 U.S.C. 921(a)(11).
    "Federal firearms importer" means a licensed importer
pursuant to 18 U.S.C. 921(a)(9).
    "Federal firearms manufacturer" means a licensed
manufacturer pursuant to 18 U.S.C. 921(a)(10).
    "Frame or receiver" means a part of a firearm that, when
the complete weapon is assembled, is visible from the exterior
and provides housing or a structure designed to hold or
integrate one or more fire control components, even if pins or
other attachments are required to connect those components to
the housing or structure. For models of firearms in which
multiple parts provide such housing or structure, the part or
parts that the Director of the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives has determined are a frame or
receiver constitute the frame or receiver. For purposes of
this definition, "fire control component" means a component
necessary for the firearm to initiate, complete, or continue
the firing sequence, including any of the following: hammer,
bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
firing pin, striker, or slide rails.
    "Security exemplar" means an object to be fabricated at
the direction of the United States Attorney General that is
(1) constructed of 3.7 ounces of material type 17-4 PH
stainless steel in a shape resembling a handgun and (2)
suitable for testing and calibrating metal detectors.
    "Three-dimensional printer" means a computer or
computer-drive machine capable of producing a
three-dimensional object from a digital model.
    "Undetectable firearm" means (1) a firearm constructed
entirely of non-metal substances; (2) a firearm that, after
removal of all parts but the major components of the firearm,
is not detectable by walk-through metal detectors calibrated
and operated to detect the security exemplar; or (3) a firearm
that includes a major component of a firearm, which, if
subject to the types of detection devices commonly used at
airports for security screening, would not generate an image
that accurately depicts the shape of the component.
"Undetectable firearm" does not include a firearm subject to
the provisions of 18 U.S.C. 922(p)(3) through (6).
    "Unfinished frame or receiver" means any forging, casting,
printing, extrusion, machined body, or similar article that:
        (1) has reached a stage in manufacture where it may
    readily be completed, assembled, or converted to be a
    functional firearm; or
        (2) is marketed or sold to the public to become or be
    used as the frame or receiver of a functional firearm once
    completed, assembled, or converted.
    "Unserialized" means lacking a serial number imprinted by:
        (1) a federal firearms manufacturer, federal firearms
    importer, federal firearms dealer, or other federal
    licensee authorized to provide marking services, pursuant
    to a requirement under federal law; or
        (2) a federal firearms dealer or other federal
    licensee authorized to provide marking services pursuant
    to subsection (f) of this Section.
    (b) It is unlawful for any person to knowingly sell, offer
to sell, or transfer an unserialized unfinished frame or
receiver or unserialized firearm, including those produced
using a three-dimensional printer, unless the party purchasing
or receiving the unfinished frame or receiver or unserialized
firearm is a federal firearms importer, federal firearms
manufacturer, or federal firearms dealer.
    (c) Beginning 180 days after May 18, 2022 (the effective
date of Public Act 102-889) this amendatory Act of the 102nd
General Assembly, it is unlawful for any person to knowingly
possess, transport, or receive an unfinished frame or
receiver, unless:
        (1) the party possessing or receiving the unfinished
    frame or receiver is a federal firearms importer or
    federal firearms manufacturer;
        (2) the unfinished frame or receiver is possessed or
    transported by a person for transfer to a federal firearms
    importer or federal firearms manufacturer; or
        (3) the unfinished frame or receiver has been
    imprinted with a serial number issued by a federal
    firearms importer or federal firearms manufacturer in
    compliance with subsection (f) of this Section.
    (d) Beginning 180 days after May 18, 2022 (the effective
date of Public Act 102-889) this amendatory Act of the 102nd
General Assembly, unless the party receiving the firearm is a
federal firearms importer or federal firearms manufacturer, it
is unlawful for any person to knowingly possess, purchase,
transport, or receive a firearm that is not imprinted with a
serial number by (1) a federal firearms importer or federal
firearms manufacturer in compliance with all federal laws and
regulations regulating the manufacture and import of firearms
or (2) a federal firearms manufacturer, federal firearms
dealer, or other federal licensee authorized to provide
marking services in compliance with the unserialized firearm
serialization process under subsection (f) of this Section.
    (e) Any firearm or unfinished frame or receiver
manufactured using a three-dimensional printer must also be
serialized in accordance with the requirements of subsection
(f) within 30 days after May 18, 2022 (the effective date of
Public Act 102-889) this amendatory Act of the 102nd General
Assembly, or prior to reaching a stage of manufacture where it
may be readily completed, assembled, or converted to be a
functional firearm.
    (f) Unserialized unfinished frames or receivers and
unserialized firearms serialized pursuant to this Section
shall be serialized in compliance with all of the following:
        (1) An unserialized unfinished frame or receiver and
    unserialized firearm shall be serialized by a federally
    licensed firearms dealer or other federal licensee
    authorized to provide marking services with the licensee's
    abbreviated federal firearms license number as a prefix
    (which is the first 3 and last 5 digits) followed by a
    hyphen, and then followed by a number as a suffix, such as
    12345678-(number). The serial number or numbers must be
    placed in a manner that accords with the requirements
    under federal law for affixing serial numbers to firearms,
    including the requirements that the serial number or
    numbers be at the minimum size and depth, and not
    susceptible to being readily obliterated, altered, or
    removed, and the licensee must retain records that accord
    with the requirements under federal law in the case of the
    sale of a firearm. The imprinting of any serial number
    upon an a undetectable firearm must be done on a steel
    plaque in compliance with 18 U.S.C. 922(p).
        (2) Every federally licensed firearms dealer or other
    federal licensee that engraves, casts, stamps, or
    otherwise conspicuously and permanently places a unique
    serial number pursuant to this Section shall maintain a
    record of such indefinitely. Licensees subject to the
    Firearm Dealer License Certification Act shall make all
    records accessible for inspection upon the request of the
    Illinois State Police or a law enforcement agency in
    accordance with Section 5-35 of the Firearm Dealer License
    Certification Act.
        (3) Every federally licensed firearms dealer or other
    federal licensee that engraves, casts, stamps, or
    otherwise conspicuously and permanently places a unique
    serial number pursuant to this Section shall record it at
    the time of every transaction involving the transfer of a
    firearm, rifle, shotgun, finished frame or receiver, or
    unfinished frame or receiver that has been so marked in
    compliance with the federal guidelines set forth in 27 CFR
    478.124.
        (4) Every federally licensed firearms dealer or other
    federal licensee that engraves, casts, stamps, or
    otherwise conspicuously and permanently places a unique
    serial number pursuant to this Section shall review and
    confirm the validity of the owner's Firearm Owner's
    Identification Card issued under the Firearm Owners
    Identification Card Act prior to returning the firearm to
    the owner.
    (g) Within 30 days after May 18, 2022 (the effective date
of Public Act 102-889) this amendatory Act of the 102nd
General Assembly, the Director of the Illinois State Police
shall issue a public notice regarding the provisions of this
Section. The notice shall include posting on the Illinois
State Police website and may include written notification or
any other means of communication statewide to all
Illinois-based federal firearms manufacturers, federal
firearms dealers, or other federal licensees authorized to
provide marking services in compliance with the serialization
process in subsection (f) in order to educate the public.
    (h) Exceptions. This Section does not apply to an
unserialized unfinished frame or receiver or an unserialized
firearm that:
        (1) has been rendered permanently inoperable;
        (2) is an antique firearm, as defined in 18 U.S.C.
    921(a)(16);
        (3) was manufactured prior to October 22, 1968;
        (4) is an unfinished frame or receiver and is
    possessed by a bona fide supplier exclusively for transfer
    to a federal firearms manufacturer or federal firearms
    importer, or is possessed by a federal firearms
    manufacturer or federal firearms importer in compliance
    with all federal laws and regulations regulating the
    manufacture and import of firearms; except this exemption
    does not apply if an unfinished frame or receiver is
    possessed for transfer or is transferred to a person other
    than a federal firearms manufacturer or federal firearms
    importer; or
        (5) is possessed by a person who received the
    unserialized unfinished frame or receiver or unserialized
    firearm through inheritance, and is not otherwise
    prohibited from possessing the unserialized unfinished
    frame or receiver or unserialized firearm, for a period
    not exceeding 30 days after inheriting the unserialized
    unfinished frame or receiver or unserialized firearm.
    (i) Penalties.
        (1) A person who violates subsection (c) or (d) is
    guilty of a Class A misdemeanor for a first violation and
    is guilty of a Class 3 felony for a second or subsequent
    violation.
        (2) A person who violates subsection (b) is guilty of
    a Class 4 felony for a first violation and is guilty of a
    Class 2 felony for a second or subsequent violation.
(Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.)
 
    Section 565. The Unified Code of Corrections is amended by
changing Sections 3-2-13, 3-2.7-5, 3-2.7-10, 3-2.7-20,
3-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, 3-2.7-55,
3-5-1, 3-6-3, 3-8-10, 5-4-1, 5-4-3, 5-4.5-105, 5-6-3, 5-9-1.4,
and 5-9-1.9 as follows:
 
    (730 ILCS 5/3-2-13)
    Sec. 3-2-13. Possession of a Firearm Owner's
Identification Card. The Department of Corrections shall not
make possession of a Firearm Owner's Identification Card a
condition of continued employment as a Department employee
authorized to possess firearms if the employee's Firearm
Owner's Identification Card is revoked or seized because the
employee has been a patient of a mental health facility and the
employee has not been determined to pose a clear and present
danger to himself, herself, or others as determined by a
physician, clinical psychologist, or qualified examiner.
Nothing in is this Section shall otherwise impair the
Department's ability to determine an employee's fitness for
duty. A collective bargaining agreement already in effect on
this issue on January 1, 2022 (the effective date of Public Act
102-645) this amendatory Act of the 102nd General Assembly
cannot be modified, but on or after January 1, 2022 (the
effective date of Public Act 102-645) this amendatory Act of
the 102nd General Assembly, the Department cannot require a
Firearm Owner's Identification Card as a condition of
continued employment in a collective bargaining agreement. The
Department shall document if and why an employee has been
determined to pose a clear and present danger. In this
Section, "mental health facility" and "qualified examiner"
have the meanings provided in the Mental Health and
Developmental Disabilities Code.
(Source: P.A. 102-645, eff. 1-1-22; revised 4-6-23.)
 
    (730 ILCS 5/3-2.7-5)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-5. Purpose. The purpose of this Article is to
create within the Department of Juvenile Justice the Office of
Independent Juvenile Ombudsperson for the purpose of securing
the rights of youth committed to the Department of Juvenile
Justice, including youth released on aftercare before final
discharge.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-5. Purpose. The purpose of this Article is to
create within the Department of Juvenile Justice the Office of
Independent Juvenile Ombudsperson for the purpose of securing
the rights of youth committed to the Department of Juvenile
Justice and county-operated juvenile detention centers,
including youth released on aftercare before final discharge.
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
revised 9-14-23.)
 
    (730 ILCS 5/3-2.7-10)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-10. Definitions. In this Article, unless the
context requires otherwise:
    "Department" means the Department of Juvenile Justice.
    "Immediate family or household member" means the spouse,
child, parent, brother, sister, grandparent, or grandchild,
whether of the whole blood or half blood or by adoption, or a
person who shares a common dwelling.
    "Juvenile justice system" means all activities by public
or private agencies or persons pertaining to youth involved in
or having contact with the police, courts, or corrections.
    "Office" means the Office of the Independent Juvenile
Ombudsperson.
    "Ombudsperson" means the Department of Juvenile Justice
Independent Juvenile Ombudsperson.
    "Youth" means any person committed by court order to the
custody of the Department of Juvenile Justice, including youth
released on aftercare before final discharge.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-10. Definitions. In this Article, unless the
context requires otherwise:
    "County-operated juvenile detention center" means any
shelter care home or detention home as "shelter" and
"detention" are defined in Section 1.1 of the County Shelter
Care and Detention Home Act and any other facility that
detains youth in the juvenile justice system that is
specifically designated to detain or incarcerate youth.
"County-operated juvenile detention center" does not include
police or other temporary law enforcement holding locations.
    "Department" means the Department of Juvenile Justice.
    "Immediate family or household member" means the spouse,
child, parent, brother, sister, grandparent, or grandchild,
whether of the whole blood or half blood or by adoption, or a
person who shares a common dwelling.
    "Juvenile justice system" means all activities by public
or private agencies or persons pertaining to youth involved in
or having contact with the police, courts, or corrections.
    "Office" means the Office of the Independent Juvenile
Ombudsperson.
    "Ombudsperson" means the Department of Juvenile Justice
Independent Juvenile Ombudsperson.
    "Youth" means any person committed by court order to the
custody of the Department of Juvenile Justice or a
county-operated juvenile detention center, including youth
released on aftercare before final discharge.
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
revised 9-14-23.)
 
    (730 ILCS 5/3-2.7-20)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-20. Conflicts of interest. A person may not
serve as Ombudsperson or as a deputy if the person or the
person's immediate family or household member:
        (1) is or has been employed by the Department of
    Juvenile Justice or Department of Corrections within one
    year prior to appointment, other than as Ombudsperson or
    Deputy Ombudsperson;
        (2) participates in the management of a business
    entity or other organization receiving funds from the
    Department of Juvenile Justice;
        (3) owns or controls, directly or indirectly, any
    interest in a business entity or other organization
    receiving funds from the Department of Juvenile Justice;
        (4) uses or receives any amount of tangible goods,
    services, or funds from the Department of Juvenile
    Justice, other than as Ombudsperson or Deputy
    Ombudsperson; or
        (5) is required to register as a lobbyist for an
    organization that interacts with the juvenile justice
    system.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-20. Conflicts of interest. A person may not
serve as Ombudsperson or as a deputy if the person or the
person's immediate family or household member:
        (1) is or has been employed by the Department of
    Juvenile Justice, Department of Corrections, or a
    county-operated juvenile detention center within one year
    prior to appointment, other than as Ombudsperson or Deputy
    Ombudsperson;
        (2) participates in the management of a business
    entity or other organization receiving funds from the
    Department of Juvenile Justice or a county-operated
    juvenile detention center;
        (3) owns or controls, directly or indirectly, any
    interest in a business entity or other organization
    receiving funds from the Department of Juvenile Justice or
    a county-operated juvenile detention center;
        (4) uses or receives any amount of tangible goods,
    services, or funds from the Department of Juvenile Justice
    or a county-operated juvenile detention center, other than
    as Ombudsperson or Deputy Ombudsperson; or
        (5) is required to register as a lobbyist for an
    organization that interacts with the juvenile justice
    system.
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
revised 9-14-23.)
 
    (730 ILCS 5/3-2.7-25)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-25. Duties and powers.
    (a) The Independent Juvenile Ombudsperson shall function
independently within the Department of Juvenile Justice with
respect to the operations of the Office in performance of the
Ombudsperson's duties under this Article and shall report to
the Governor. The Ombudsperson shall adopt rules and standards
as may be necessary or desirable to carry out the
Ombudsperson's duties. Funding for the Office shall be
designated separately within Department funds. The Department
shall provide necessary administrative services and facilities
to the Office of the Independent Juvenile Ombudsperson.
    (b) The Office of Independent Juvenile Ombudsperson shall
have the following duties:
        (1) review and monitor the implementation of the rules
    and standards established by the Department of Juvenile
    Justice and evaluate the delivery of services to youth to
    ensure that the rights of youth are fully observed;
        (2) provide assistance to a youth or family whom the
    Ombudsperson determines is in need of assistance,
    including advocating with an agency, provider, or other
    person in the best interests of the youth;
        (3) investigate and attempt to resolve complaints made
    by or on behalf of youth, other than complaints alleging
    criminal behavior or violations of the State Officials and
    Employees Ethics Act, if the Office determines that the
    investigation and resolution would further the purpose of
    the Office, and:
            (A) a youth committed to the Department of
        Juvenile Justice or the youth's family is in need of
        assistance from the Office; or
            (B) a systemic issue in the Department of Juvenile
        Justice's provision of services is raised by a
        complaint;
        (4) review or inspect periodically the facilities and
    procedures of any facility in which a youth has been
    placed by the Department of Juvenile Justice to ensure
    that the rights of youth are fully observed; and
        (5) be accessible to and meet confidentially and
    regularly with youth committed to the Department and serve
    as a resource by informing them of pertinent laws, rules,
    and policies, and their rights thereunder.
    (c) The following cases shall be reported immediately to
the Director of Juvenile Justice and the Governor:
        (1) cases of severe abuse or injury of a youth;
        (2) serious misconduct, misfeasance, malfeasance, or
    serious violations of policies and procedures concerning
    the administration of a Department of Juvenile Justice
    program or operation;
        (3) serious problems concerning the delivery of
    services in a facility operated by or under contract with
    the Department of Juvenile Justice;
        (4) interference by the Department of Juvenile Justice
    with an investigation conducted by the Office; and
        (5) other cases as deemed necessary by the
    Ombudsperson.
    (d) Notwithstanding any other provision of law, the
Ombudsperson may not investigate alleged criminal behavior or
violations of the State Officials and Employees Ethics Act. If
the Ombudsperson determines that a possible criminal act has
been committed, or that special expertise is required in the
investigation, the Ombudsperson shall immediately notify the
Illinois State Police. If the Ombudsperson determines that a
possible violation of the State Officials and Employees Ethics
Act has occurred, the Ombudsperson shall immediately refer the
incident to the Office of the Governor's Executive Inspector
General for investigation. If the Ombudsperson receives a
complaint from a youth or third party regarding suspected
abuse or neglect of a child, the Ombudsperson shall refer the
incident to the Child Abuse and Neglect Hotline or to the
Illinois State Police as mandated by the Abused and Neglected
Child Reporting Act. Any investigation conducted by the
Ombudsperson shall not be duplicative and shall be separate
from any investigation mandated by the Abused and Neglected
Child Reporting Act. All investigations conducted by the
Ombudsperson shall be conducted in a manner designed to ensure
the preservation of evidence for possible use in a criminal
prosecution.
    (e) In performance of the Ombudsperson's duties, the
Ombudsperson may:
        (1) review court files of youth;
        (2) recommend policies, rules, and legislation
    designed to protect youth;
        (3) make appropriate referrals under any of the duties
    and powers listed in this Section;
        (4) attend internal administrative and disciplinary
    hearings to ensure the rights of youth are fully observed
    and advocate for the best interest of youth when deemed
    necessary; and
        (5) perform other acts, otherwise permitted or
    required by law, in furtherance of the purpose of the
    Office.
    (f) To assess if a youth's rights have been violated, the
Ombudsperson may, in any matter that does not involve alleged
criminal behavior, contact or consult with an administrator,
employee, youth, parent, expert, or any other individual in
the course of the Ombudsperson's investigation or to secure
information as necessary to fulfill the Ombudsperson's duties.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-25. Duties and powers.
    (a) The Independent Juvenile Ombudsperson shall function
independently within the Department of Juvenile Justice and
county-operated juvenile detention centers with respect to the
operations of the Office in performance of the Ombudsperson's
duties under this Article and shall report to the Governor and
to local authorities as provided in Section 3-2.7-50. The
Ombudsperson shall adopt rules and standards as may be
necessary or desirable to carry out the Ombudsperson's duties.
Funding for the Office shall be designated separately within
Department funds and shall include funds for operations at
county-operated juvenile detention centers. The Department
shall provide necessary administrative services and facilities
to the Office of the Independent Juvenile Ombudsperson.
County-operated juvenile detention centers shall provide
necessary administrative services and space, upon request,
inside the facility to the Office of the Independent Juvenile
Ombudsperson Ombudsman to meet confidentially with youth and
otherwise in performance of the Ombudsperson's his or her
duties under this Article.
    (b) The Office of Independent Juvenile Ombudsperson shall
have the following duties:
        (1) review and monitor the implementation of the rules
    and standards established by the Department of Juvenile
    Justice and county-operated juvenile detention centers and
    evaluate the delivery of services to youth to ensure that
    the rights of youth are fully observed;
        (2) provide assistance to a youth or family whom the
    Ombudsperson determines is in need of assistance,
    including advocating with an agency, provider, or other
    person in the best interests of the youth;
        (3) investigate and attempt to resolve complaints made
    by or on behalf of youth, other than complaints alleging
    criminal behavior or violations of the State Officials and
    Employees Ethics Act, if the Office determines that the
    investigation and resolution would further the purpose of
    the Office, and:
            (A) a youth committed to the Department of
        Juvenile Justice or a county-operated juvenile
        detention center or the youth's family is in need of
        assistance from the Office; or
            (B) a systemic issue in the Department of Juvenile
        Justice's or county-operated juvenile detention
        center's provision of services is raised by a
        complaint;
        (4) review or inspect periodically the facilities and
    procedures of any county-operated juvenile detention
    center or any facility in which a youth has been placed by
    the Department of Juvenile Justice to ensure that the
    rights of youth are fully observed; and
        (5) be accessible to and meet confidentially and
    regularly with youth committed to the Department or a
    county-operated juvenile detention center and serve as a
    resource by informing them of pertinent laws, rules, and
    policies, and their rights thereunder.
    (c) The following cases shall be reported immediately to
the Director of Juvenile Justice and the Governor, and for
cases that arise in county-operated juvenile detention
centers, to the chief judge of the applicable judicial circuit
and the Director of the Administrative Office of the Illinois
Courts:
        (1) cases of severe abuse or injury of a youth;
        (2) serious misconduct, misfeasance, malfeasance, or
    serious violations of policies and procedures concerning
    the administration of a Department of Juvenile Justice or
    county-operated juvenile detention center program or
    operation;
        (3) serious problems concerning the delivery of
    services in a county-operated juvenile detention center or
    a facility operated by or under contract with the
    Department of Juvenile Justice;
        (4) interference by the Department of Juvenile Justice
    or county-operated juvenile detention center with an
    investigation conducted by the Office; and
        (5) other cases as deemed necessary by the
    Ombudsperson.
    (d) Notwithstanding any other provision of law, the
Ombudsperson may not investigate alleged criminal behavior or
violations of the State Officials and Employees Ethics Act. If
the Ombudsperson determines that a possible criminal act has
been committed, or that special expertise is required in the
investigation, the Ombudsperson shall immediately notify the
Illinois State Police. If the Ombudsperson determines that a
possible violation of the State Officials and Employees Ethics
Act has occurred, the Ombudsperson shall immediately refer the
incident to the Office of the Governor's Executive Inspector
General for investigation. If the Ombudsperson receives a
complaint from a youth or third party regarding suspected
abuse or neglect of a child, the Ombudsperson shall refer the
incident to the Child Abuse and Neglect Hotline or to the
Illinois State Police as mandated by the Abused and Neglected
Child Reporting Act. Any investigation conducted by the
Ombudsperson shall not be duplicative and shall be separate
from any investigation mandated by the Abused and Neglected
Child Reporting Act. All investigations conducted by the
Ombudsperson shall be conducted in a manner designed to ensure
the preservation of evidence for possible use in a criminal
prosecution.
    (e) In performance of the Ombudsperson's duties, the
Ombudsperson may:
        (1) review court files of youth;
        (2) recommend policies, rules, and legislation
    designed to protect youth;
        (3) make appropriate referrals under any of the duties
    and powers listed in this Section;
        (4) attend internal administrative and disciplinary
    hearings to ensure the rights of youth are fully observed
    and advocate for the best interest of youth when deemed
    necessary; and
        (5) perform other acts, otherwise permitted or
    required by law, in furtherance of the purpose of the
    Office.
    (f) To assess if a youth's rights have been violated, the
Ombudsperson may, in any matter that does not involve alleged
criminal behavior, contact or consult with an administrator,
employee, youth, parent, expert, or any other individual in
the course of the Ombudsperson's investigation or to secure
information as necessary to fulfill the Ombudsperson's duties.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-397, eff. 1-1-25; revised 9-14-23.)
 
    (730 ILCS 5/3-2.7-30)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-30. Duties of the Department of Juvenile
Justice.
    (a) The Department of Juvenile Justice shall allow any
youth to communicate with the Ombudsperson or a deputy at any
time. The communication:
        (1) may be in person, by phone, by mail, or by any
    other means deemed appropriate in light of security
    concerns; and
        (2) is confidential and privileged.
    (b) The Department shall allow the Ombudsperson and
deputies full and unannounced access to youth and Department
facilities at any time. The Department shall furnish the
Ombudsperson and deputies with appropriate meeting space in
each facility in order to preserve confidentiality.
    (c) The Department shall allow the Ombudsperson and
deputies to participate in professional development
opportunities provided by the Department of Juvenile Justice
as practical and to attend appropriate professional training
when requested by the Ombudsperson.
    (d) The Department shall provide the Ombudsperson copies
of critical incident reports involving a youth residing in a
facility operated by the Department. Critical incidents
include, but are not limited to, severe injuries that result
in hospitalization, suicide attempts that require medical
intervention, sexual abuse, and escapes.
    (e) The Department shall provide the Ombudsperson with
reasonable advance notice of all internal administrative and
disciplinary hearings regarding a youth residing in a facility
operated by the Department.
    (f) The Department of Juvenile Justice may not discharge,
demote, discipline, or in any manner discriminate or retaliate
against a youth or an employee who in good faith makes a
complaint to the Office of the Independent Juvenile
Ombudsperson or cooperates with the Office.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-30. Duties of the Department of Juvenile
Justice or county-operated juvenile detention center.
    (a) The Department of Juvenile Justice and every
county-operated juvenile detention center shall allow any
youth to communicate with the Ombudsperson or a deputy at any
time. The communication:
        (1) may be in person, by phone, by mail, or by any
    other means deemed appropriate in light of security
    concerns; and
        (2) is confidential and privileged.
    (b) The Department and county-operated juvenile detention
centers shall allow the Ombudsperson and deputies full and
unannounced access to youth and Department facilities and
county-operated juvenile detention centers at any time. The
Department and county-operated juvenile detention centers
shall furnish the Ombudsperson and deputies with appropriate
meeting space in each facility in order to preserve
confidentiality.
    (c) The Department and county-operated juvenile detention
centers shall allow the Ombudsperson and deputies to
participate in professional development opportunities provided
by the Department of Juvenile Justice and county-operated
juvenile detention centers as practical and to attend
appropriate professional training when requested by the
Ombudsperson.
    (d) The Department and county-operated juvenile detention
centers shall provide the Ombudsperson copies of critical
incident reports involving a youth residing in a facility
operated by the Department or a county-operated juvenile
detention center. Critical incidents include, but are not
limited to, severe injuries that result in hospitalization,
suicide attempts that require medical intervention, sexual
abuse, and escapes.
    (e) The Department and county-operated juvenile detention
centers shall provide the Ombudsperson with reasonable advance
notice of all internal administrative and disciplinary
hearings regarding a youth residing in a facility operated by
the Department or a county-operated juvenile detention center.
    (f) The Department of Juvenile Justice and county-operated
juvenile detention centers may not discharge, demote,
discipline, or in any manner discriminate or retaliate against
a youth or an employee who in good faith makes a complaint to
the Office of the Independent Juvenile Ombudsperson or
cooperates with the Office.
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
revised 9-14-23.)
 
    (730 ILCS 5/3-2.7-35)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-35. Reports. The Independent Juvenile
Ombudsperson shall provide to the General Assembly and the
Governor, no later than January 1 of each year, a summary of
activities done in furtherance of the purpose of the Office
for the prior fiscal year. The summaries shall contain data
both aggregated and disaggregated by individual facility and
describe:
        (1) the work of the Ombudsperson;
        (2) the status of any review or investigation
    undertaken by the Ombudsperson, but may not contain any
    confidential or identifying information concerning the
    subjects of the reports and investigations; and
        (3) any recommendations that the Independent Juvenile
    Ombudsperson has relating to a systemic issue in the
    Department of Juvenile Justice's provision of services and
    any other matters for consideration by the General
    Assembly and the Governor.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-35. Reports. The Independent Juvenile
Ombudsperson shall provide to the General Assembly and the
Governor, no later than January 1 of each year, a summary of
activities done in furtherance of the purpose of the Office
for the prior fiscal year. The summaries shall contain data
both aggregated and disaggregated by individual facility and
describe:
        (1) the work of the Ombudsperson;
        (2) the status of any review or investigation
    undertaken by the Ombudsperson, but may not contain any
    confidential or identifying information concerning the
    subjects of the reports and investigations; and
        (3) any recommendations that the Independent Juvenile
    Ombudsperson has relating to a systemic issue in the
    Department of Juvenile Justice's or a county-operated
    juvenile detention center's provision of services and any
    other matters for consideration by the General Assembly
    and the Governor.
    With respect to county-operated juvenile detention
centers, the Ombudsperson Ombudsman shall provide data
responsive to paragraphs (1) through (3) to the chief judge of
the applicable judicial circuit and to the Director of the
Administrative Office of the Illinois Courts, and shall make
the data publicly available.
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
revised 9-14-23.)
 
    (730 ILCS 5/3-2.7-40)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-40. Complaints. The Office of Independent
Juvenile Ombudsperson shall promptly and efficiently act on
complaints made by or on behalf of youth filed with the Office
that relate to the operations or staff of the Department of
Juvenile Justice. The Office shall maintain information about
parties to the complaint, the subject matter of the complaint,
a summary of the results of the review or investigation of the
complaint, including any resolution of or recommendations made
as a result of the complaint. The Office shall make
information available describing its procedures for complaint
investigation and resolution. When applicable, the Office
shall notify the complaining youth that an investigation and
resolution may result in or will require disclosure of the
complaining youth's identity. The Office shall periodically
notify the complaint parties of the status of the complaint
until final disposition.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-40. Complaints. The Office of Independent
Juvenile Ombudsperson shall promptly and efficiently act on
complaints made by or on behalf of youth filed with the Office
that relate to the operations or staff of the Department of
Juvenile Justice or a county-operated juvenile detention
center. The Office shall maintain information about parties to
the complaint, the subject matter of the complaint, a summary
of the results of the review or investigation of the
complaint, including any resolution of or recommendations made
as a result of the complaint. The Office shall make
information available describing its procedures for complaint
investigation and resolution. When applicable, the Office
shall notify the complaining youth that an investigation and
resolution may result in or will require disclosure of the
complaining youth's identity. The Office shall periodically
notify the complaint parties of the status of the complaint
until final disposition.
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
revised 9-18-23.)
 
    (730 ILCS 5/3-2.7-50)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-50. Promotion and awareness of Office. The
Independent Juvenile Ombudsperson shall promote awareness
among the public and youth of:
        (1) the rights of youth committed to the Department;
        (2) the purpose of the Office;
        (3) how the Office may be contacted;
        (4) the confidential nature of communications; and
        (5) the services the Office provides.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-50. Promotion and awareness of Office. The
Independent Juvenile Ombudsperson shall promote awareness
among the public and youth of:
        (1) the rights of youth committed to the Department
    and county-operated juvenile detention centers;
        (2) the purpose of the Office;
        (3) how the Office may be contacted;
        (4) the confidential nature of communications; and
        (5) the services the Office provides.
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
revised 9-18-23.)
 
    (730 ILCS 5/3-2.7-55)
    (Text of Section before amendment by P.A. 103-397)
    Sec. 3-2.7-55. Access to information of governmental
entities. The Department of Juvenile Justice shall provide the
Independent Juvenile Ombudsperson unrestricted access to all
master record files of youth under Section 3-5-1 of this Code.
Access to educational, social, psychological, mental health,
substance abuse, and medical records shall not be disclosed
except as provided in Section 5-910 of the Juvenile Court Act
of 1987, the Mental Health and Developmental Disabilities
Confidentiality Act, the School Code, and any applicable
federal laws that govern access to those records.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (Text of Section after amendment by P.A. 103-397)
    Sec. 3-2.7-55. Access to information of governmental
entities. The Department of Juvenile Justice and
county-operated juvenile detention centers shall provide the
Independent Juvenile Ombudsperson unrestricted access to all
master record files of youth under Section 3-5-1 of this Code
or any other files of youth in the custody of county-operated
juvenile detention centers, or both. Access to educational,
social, psychological, mental health, substance abuse, and
medical records shall not be disclosed except as provided in
Section 5-910 of the Juvenile Court Act of 1987, the Mental
Health and Developmental Disabilities Confidentiality Act, the
School Code, and any applicable federal laws that govern
access to those records.
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
revised 9-15-23.)
 
    (730 ILCS 5/3-5-1)
    Sec. 3-5-1. Master record file.
    (a) The Department of Corrections and the Department of
Juvenile Justice shall maintain a master record file on each
person committed to it, which shall contain the following
information:
        (1) all information from the committing court;
        (1.5) ethnic and racial background data collected in
    accordance with Section 4.5 of the Criminal Identification
    Act and Section 2-5 of the No Representation Without
    Population Act;
        (1.6) the committed person's last known complete
    street address prior to incarceration or legal residence
    collected in accordance with Section 2-5 of the No
    Representation Without Population Act;
        (2) reception summary;
        (3) evaluation and assignment reports and
    recommendations;
        (4) reports as to program assignment and progress;
        (5) reports of disciplinary infractions and
    disposition, including tickets and Administrative Review
    Board action;
        (6) any parole or aftercare release plan;
        (7) any parole or aftercare release reports;
        (8) the date and circumstances of final discharge;
        (9) criminal history;
        (10) current and past gang affiliations and ranks;
        (11) information regarding associations and family
    relationships;
        (12) any grievances filed and responses to those
    grievances;
        (13) other information that the respective Department
    determines is relevant to the secure confinement and
    rehabilitation of the committed person;
        (14) the last known address provided by the person
    committed; and
        (15) all medical and dental records.
    (b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department
or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall
keep a record of all outside personnel who have access to
files, the files reviewed, any file material copied, and the
purpose of access. If the respective Department or the
Prisoner Review Board makes a determination under this Code
which affects the length of the period of confinement or
commitment, the committed person and his counsel shall be
advised of factual information relied upon by the respective
Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any
such information which in the opinion of the Department of
Juvenile Justice or Board would be detrimental to his
treatment or rehabilitation.
    (c) The master file shall be maintained at a place
convenient to its use by personnel of the respective
Department in charge of the person. When custody of a person is
transferred from the Department to another department or
agency, a summary of the file shall be forwarded to the
receiving agency with such other information required by law
or requested by the agency under rules and regulations of the
respective Department.
    (d) The master file of a person no longer in the custody of
the respective Department shall be placed on inactive status
and its use shall be restricted subject to rules and
regulations of the Department.
    (e) All public agencies may make available to the
respective Department on request any factual data not
otherwise privileged as a matter of law in their possession in
respect to individuals committed to the respective Department.
    (f) A committed person may request a summary of the
committed person's master record file once per year and the
committed person's attorney may request one summary of the
committed person's master record file once per year. The
Department shall create a form for requesting this summary,
and shall make that form available to committed persons and to
the public on its website. Upon receipt of the request form,
the Department shall provide the summary within 15 days. The
summary must contain, unless otherwise prohibited by law:
        (1) the person's name, ethnic, racial, last known
    street address prior to incarceration or legal residence,
    and other identifying information;
        (2) all digitally available information from the
    committing court;
        (3) all information in the Offender 360 system on the
    person's criminal history;
        (4) the person's complete assignment history in the
    Department of Corrections;
        (5) the person's disciplinary card;
        (6) additional records about up to 3 specific
    disciplinary incidents as identified by the requester;
        (7) any available records about up to 5 specific
    grievances filed by the person, as identified by the
    requester; and
        (8) the records of all grievances filed on or after
    January 1, 2023.
    Notwithstanding any provision of this subsection (f) to
the contrary, a committed person's master record file is not
subject to disclosure and copying under the Freedom of
Information Act.
    (g) Subject to appropriation, on or before July 1, 2025,
the Department of Corrections shall digitalize all newly
committed persons' master record files who become incarcerated
and all other new information that the Department maintains
concerning its correctional institutions, facilities, and
individuals incarcerated.
    (h) Subject to appropriation, on or before July 1, 2027,
the Department of Corrections shall digitalize all medical and
dental records in the master record files and all other
information that the Department maintains concerning its
correctional institutions and facilities in relation to
medical records, dental records, and medical and dental needs
of committed persons.
    (i) Subject to appropriation, on or before July 1, 2029,
the Department of Corrections shall digitalize all information
in the master record files and all other information that the
Department maintains concerning its correctional institutions
and facilities.
    (j) The Department of Corrections shall adopt rules to
implement subsections (g), (h), and (i) if appropriations are
available to implement these provisions.
    (k) Subject to appropriation, the Department of
Corrections, in consultation with the Department of Innovation
and Technology, shall conduct a study on the best way to
digitize all Department of Corrections records and the impact
of that digitizing on State agencies, including the impact on
the Department of Innovation and Technology. The study shall
be completed on or before January 1, 2024.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff.
6-30-23; revised 12-15-23.)
 
    (730 ILCS 5/3-6-3)
    Sec. 3-6-3. Rules and regulations for sentence credit.
    (a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department of Corrections and the
Department of Juvenile Justice shall prescribe rules and
regulations for awarding and revoking sentence credit for
persons committed to the Department of Juvenile Justice under
Section 5-8-6 of the Unified Code of Corrections, which shall
be subject to review by the Prisoner Review Board.
    (1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
        (A) successful completion of programming while in
    custody of the Department of Corrections or the Department
    of Juvenile Justice or while in custody prior to
    sentencing;
        (B) compliance with the rules and regulations of the
    Department; or
        (C) service to the institution, service to a
    community, or service to the State.
    (2) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after June
19, 1998 or with respect to the offense listed in clause (iv)
of this paragraph (2) committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or with respect to the
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
        (i) that a prisoner who is serving a term of
    imprisonment for first degree murder or for the offense of
    terrorism shall receive no sentence credit and shall serve
    the entire sentence imposed by the court;
        (ii) that a prisoner serving a sentence for attempt to
    commit terrorism, attempt to commit first degree murder,
    solicitation of murder, solicitation of murder for hire,
    intentional homicide of an unborn child, predatory
    criminal sexual assault of a child, aggravated criminal
    sexual assault, criminal sexual assault, aggravated
    kidnapping, aggravated battery with a firearm as described
    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
    or (e)(4) of Section 12-3.05, heinous battery as described
    in Section 12-4.1 or subdivision (a)(2) of Section
    12-3.05, being an armed habitual criminal, aggravated
    battery of a senior citizen as described in Section 12-4.6
    or subdivision (a)(4) of Section 12-3.05, or aggravated
    battery of a child as described in Section 12-4.3 or
    subdivision (b)(1) of Section 12-3.05 shall receive no
    more than 4.5 days of sentence credit for each month of his
    or her sentence of imprisonment;
        (iii) that a prisoner serving a sentence for home
    invasion, armed robbery, aggravated vehicular hijacking,
    aggravated discharge of a firearm, or armed violence with
    a category I weapon or category II weapon, when the court
    has made and entered a finding, pursuant to subsection
    (c-1) of Section 5-4-1 of this Code, that the conduct
    leading to conviction for the enumerated offense resulted
    in great bodily harm to a victim, shall receive no more
    than 4.5 days of sentence credit for each month of his or
    her sentence of imprisonment;
        (iv) that a prisoner serving a sentence for aggravated
    discharge of a firearm, whether or not the conduct leading
    to conviction for the offense resulted in great bodily
    harm to the victim, shall receive no more than 4.5 days of
    sentence credit for each month of his or her sentence of
    imprisonment;
        (v) that a person serving a sentence for gunrunning,
    narcotics racketeering, controlled substance trafficking,
    methamphetamine trafficking, drug-induced homicide,
    aggravated methamphetamine-related child endangerment,
    money laundering pursuant to clause (c) (4) or (5) of
    Section 29B-1 of the Criminal Code of 1961 or the Criminal
    Code of 2012, or a Class X felony conviction for delivery
    of a controlled substance, possession of a controlled
    substance with intent to manufacture or deliver,
    calculated criminal drug conspiracy, criminal drug
    conspiracy, street gang criminal drug conspiracy,
    participation in methamphetamine manufacturing,
    aggravated participation in methamphetamine
    manufacturing, delivery of methamphetamine, possession
    with intent to deliver methamphetamine, aggravated
    delivery of methamphetamine, aggravated possession with
    intent to deliver methamphetamine, methamphetamine
    conspiracy when the substance containing the controlled
    substance or methamphetamine is 100 grams or more shall
    receive no more than 7.5 days sentence credit for each
    month of his or her sentence of imprisonment;
        (vi) that a prisoner serving a sentence for a second
    or subsequent offense of luring a minor shall receive no
    more than 4.5 days of sentence credit for each month of his
    or her sentence of imprisonment; and
        (vii) that a prisoner serving a sentence for
    aggravated domestic battery shall receive no more than 4.5
    days of sentence credit for each month of his or her
    sentence of imprisonment.
    (2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii)
committed on or after July 23, 2010 (the effective date of
Public Act 96-1224), and other than the offense of aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code,
and other than the offense of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined
in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall receive
one day of sentence credit for each day of his or her sentence
of imprisonment or recommitment under Section 3-3-9. Each day
of sentence credit shall reduce by one day the prisoner's
period of imprisonment or recommitment under Section 3-3-9.
    (2.2) A prisoner serving a term of natural life
imprisonment shall receive no sentence credit.
    (2.3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
    (2.4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the report
of a firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or
used for silencing the report of a firearm, committed on or
after July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses
shall receive no more than 4.5 days of sentence credit for each
month of his or her sentence of imprisonment.
    (2.5) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
    (2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) shall receive no
more than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment.
    (3) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
subsection (a), the rules and regulations shall also provide
that the Director of Corrections or the Director of Juvenile
Justice may award up to 180 days of earned sentence credit for
prisoners serving a sentence of incarceration of less than 5
years, and up to 365 days of earned sentence credit for
prisoners serving a sentence of 5 years or longer. The
Director may grant this credit for good conduct in specific
instances as either Director deems proper for eligible persons
in the custody of each Director's respective Department. The
good conduct may include, but is not limited to, compliance
with the rules and regulations of the Department, service to
the Department, service to a community, or service to the
State.
    Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at either Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) may be based on, but is not limited to,
participation in programming offered by the Department as
appropriate for the prisoner based on the results of any
available risk/needs assessment or other relevant assessments
or evaluations administered by the Department using a
validated instrument, the circumstances of the crime,
demonstrated commitment to rehabilitation by a prisoner with a
history of conviction for a forcible felony enumerated in
Section 2-8 of the Criminal Code of 2012, the inmate's
behavior and improvements in disciplinary history while
incarcerated, and the inmate's commitment to rehabilitation,
including participation in programming offered by the
Department.
    The Director of Corrections or the Director of Juvenile
Justice shall not award sentence credit under this paragraph
(3) to an inmate unless the inmate has served a minimum of 60
days of the sentence, including time served in a county jail;
except nothing in this paragraph shall be construed to permit
either Director to extend an inmate's sentence beyond that
which was imposed by the court. Prior to awarding credit under
this paragraph (3), each Director shall make a written
determination that the inmate:
        (A) is eligible for the earned sentence credit;
        (B) has served a minimum of 60 days, or as close to 60
    days as the sentence will allow;
        (B-1) has received a risk/needs assessment or other
    relevant evaluation or assessment administered by the
    Department using a validated instrument; and
        (C) has met the eligibility criteria established by
    rule for earned sentence credit.
    The Director of Corrections or the Director of Juvenile
Justice shall determine the form and content of the written
determination required in this subsection.
    (3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
        (A) the number of inmates awarded earned sentence
    credit;
        (B) the average amount of earned sentence credit
    awarded;
        (C) the holding offenses of inmates awarded earned
    sentence credit; and
        (D) the number of earned sentence credit revocations.
    (4)(A) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that any prisoner who is engaged full-time in substance abuse
programs, correctional industry assignments, educational
programs, work-release programs or activities in accordance
with Article 13 of Chapter III of this Code, behavior
modification programs, life skills courses, or re-entry
planning provided by the Department under this paragraph (4)
and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive
one day of sentence credit for each day in which that prisoner
is engaged in the activities described in this paragraph. The
rules and regulations shall also provide that sentence credit
may be provided to an inmate who was held in pre-trial
detention prior to his or her current commitment to the
Department of Corrections and successfully completed a
full-time, 60-day or longer substance abuse program,
educational program, behavior modification program, life
skills course, or re-entry planning provided by the county
department of corrections or county jail. Calculation of this
county program credit shall be done at sentencing as provided
in Section 5-4.5-100 of this Code and shall be included in the
sentencing order. The rules and regulations shall also provide
that sentence credit may be provided to an inmate who is in
compliance with programming requirements in an adult
transition center.
    (B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) in an amount specified
in subparagraph (C) of this paragraph (4) to an inmate serving
a sentence for an offense committed prior to June 19, 1998, if
the Department determines that the inmate is entitled to this
sentence credit, based upon:
        (i) documentation provided by the Department that the
    inmate engaged in any full-time substance abuse programs,
    correctional industry assignments, educational programs,
    behavior modification programs, life skills courses, or
    re-entry planning provided by the Department under this
    paragraph (4) and satisfactorily completed the assigned
    program as determined by the standards of the Department
    during the inmate's current term of incarceration; or
        (ii) the inmate's own testimony in the form of an
    affidavit or documentation, or a third party's
    documentation or testimony in the form of an affidavit
    that the inmate likely engaged in any full-time substance
    abuse programs, correctional industry assignments,
    educational programs, behavior modification programs, life
    skills courses, or re-entry planning provided by the
    Department under paragraph (4) and satisfactorily
    completed the assigned program as determined by the
    standards of the Department during the inmate's current
    term of incarceration.
    (C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in
excess of 45 days of participation in those programs, the
inmate shall receive 90 days of sentence credit. If the inmate
cannot provide documentation of more than 45 days of
participation in those programs, the inmate shall receive 45
days of sentence credit. In the event of a disagreement
between the Department and the inmate as to the amount of
credit accumulated under subparagraph (B), if the Department
provides documented proof of a lesser amount of days of
participation in those programs, that proof shall control. If
the Department provides no documentary proof, the inmate's
proof as set forth in clause (ii) of subparagraph (B) shall
control as to the amount of sentence credit provided.
    (D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph
(4) shall be awarded by the Department only if the conditions
set forth in paragraph (4.6) of subsection (a) are satisfied.
No inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).
    (E) The rules and regulations shall provide for the
recalculation of program credits awarded pursuant to this
paragraph (4) prior to July 1, 2021 (the effective date of
Public Act 101-652) at the rate set for such credits on and
after July 1, 2021.
    Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be earned under this paragraph (4) and paragraph (4.1) of
this subsection (a) shall be evaluated by the Department on
the basis of documented standards. The Department shall report
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
    Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are denied
immediate admission shall be placed on a waiting list under
criteria established by the Department. The rules and
regulations shall provide that a prisoner who has been placed
on a waiting list but is transferred for non-disciplinary
reasons before beginning a program shall receive priority
placement on the waitlist for appropriate programs at the new
facility. The inability of any inmate to become engaged in any
such programs by reason of insufficient program resources or
for any other reason established under the rules and
regulations of the Department shall not be deemed a cause of
action under which the Department or any employee or agent of
the Department shall be liable for damages to the inmate. The
rules and regulations shall provide that a prisoner who begins
an educational, vocational, substance abuse, work-release
programs or activities in accordance with Article 13 of
Chapter III of this Code, behavior modification program, life
skills course, re-entry planning, or correctional industry
programs but is unable to complete the program due to illness,
disability, transfer, lockdown, or another reason outside of
the prisoner's control shall receive prorated sentence credits
for the days in which the prisoner did participate.
    (4.1) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this paragraph
(4.1) shall be in addition to, and shall not affect, the award
of sentence credit under any other paragraph of this Section,
but shall also be pursuant to the guidelines and restrictions
set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a State of Illinois High School
Diploma. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections. Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall provide that
an additional 120 days of sentence credit shall be awarded to
any prisoner who obtains an associate degree while the
prisoner is committed to the Department of Corrections,
regardless of the date that the associate degree was obtained,
including if prior to July 1, 2021 (the effective date of
Public Act 101-652). The sentence credit awarded under this
paragraph (4.1) shall be in addition to, and shall not affect,
the award of sentence credit under any other paragraph of this
Section, but shall also be under the guidelines and
restrictions set forth in paragraph (4) of subsection (a) of
this Section. The sentence credit provided for in this
paragraph (4.1) shall be available only to those prisoners who
have not previously earned an associate degree prior to the
current commitment to the Department of Corrections. If, after
an award of the associate degree sentence credit has been made
and the Department determines that the prisoner was not
eligible, then the award shall be revoked. The Department may
also award 120 days of sentence credit to any committed person
who earned an associate degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
    Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a bachelor's degree while the prisoner is
committed to the Department of Corrections. The sentence
credit awarded under this paragraph (4.1) shall be in addition
to, and shall not affect, the award of sentence credit under
any other paragraph of this Section, but shall also be under
the guidelines and restrictions set forth in paragraph (4) of
this subsection (a). The sentence credit provided for in this
paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
bachelor's degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
    Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a master's or professional degree while
the prisoner is committed to the Department of Corrections.
The sentence credit awarded under this paragraph (4.1) shall
be in addition to, and shall not affect, the award of sentence
credit under any other paragraph of this Section, but shall
also be under the guidelines and restrictions set forth in
paragraph (4) of this subsection (a). The sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a master's or
professional degree prior to the current commitment to the
Department of Corrections. If, after an award of the master's
or professional degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
master's or professional degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
    (4.2)(A) The rules and regulations shall also provide that
any prisoner engaged in self-improvement programs, volunteer
work, or work assignments that are not otherwise eligible
activities under paragraph (4), shall receive up to 0.5 days
of sentence credit for each day in which the prisoner is
engaged in activities described in this paragraph.
    (B) The rules and regulations shall provide for the award
of sentence credit under this paragraph (4.2) for qualifying
days of engagement in eligible activities occurring prior to
July 1, 2021 (the effective date of Public Act 101-652).
    (4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director of Corrections may waive the
requirement to participate in or complete a substance abuse
treatment program in specific instances if the prisoner is not
a good candidate for a substance abuse treatment program for
medical, programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of
fiscal resources appropriated by the General Assembly for
these purposes. If treatment is not available and the
requirement to participate and complete the treatment has not
been waived by the Director, the prisoner shall be placed on a
waiting list under criteria established by the Department. The
Director may allow a prisoner placed on a waiting list to
participate in and complete a substance abuse education class
or attend substance abuse self-help meetings in lieu of a
substance abuse treatment program. A prisoner on a waiting
list who is not placed in a substance abuse program prior to
release may be eligible for a waiver and receive sentence
credit under clause (3) of this subsection (a) at the
discretion of the Director.
    (4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to
receive treatment, but who are unable to do so due solely to
the lack of resources on the part of the Department, may, at
either Director's sole discretion, be awarded sentence credit
at a rate as the Director shall determine.
    (4.7) On or after January 1, 2018 (the effective date of
Public Act 100-3), sentence credit under paragraph (3), (4),
or (4.1) of this subsection (a) may be awarded to a prisoner
who is serving a sentence for an offense described in
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
on or after January 1, 2018 (the effective date of Public Act
100-3); provided, the award of the credits under this
paragraph (4.7) shall not reduce the sentence of the prisoner
to less than the following amounts:
        (i) 85% of his or her sentence if the prisoner is
    required to serve 85% of his or her sentence; or
        (ii) 60% of his or her sentence if the prisoner is
    required to serve 75% of his or her sentence, except if the
    prisoner is serving a sentence for gunrunning his or her
    sentence shall not be reduced to less than 75%.
        (iii) 100% of his or her sentence if the prisoner is
    required to serve 100% of his or her sentence.
    (5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department
shall give reasonable notice of the impending release not less
than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate
took place, and if applicable, the State's Attorney of the
county into which the inmate will be released. The Department
must also make identification information and a recent photo
of the inmate being released accessible on the Internet by
means of a hyperlink labeled "Community Notification of Inmate
Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's:
name, any known alias, date of birth, physical
characteristics, commitment offense, and county where
conviction was imposed. The identification information shall
be placed on the website within 3 days of the inmate's release
and the information may not be removed until either:
completion of the first year of mandatory supervised release
or return of the inmate to custody of the Department.
    (b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
    (c) (1) The Department shall prescribe rules and
regulations for revoking sentence credit, including revoking
sentence credit awarded under paragraph (3) of subsection (a)
of this Section. The Department shall prescribe rules and
regulations establishing and requiring the use of a sanctions
matrix for revoking sentence credit. The Department shall
prescribe rules and regulations for suspending or reducing the
rate of accumulation of sentence credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
    (2) When the Department seeks to revoke, suspend, or
reduce the rate of accumulation of any sentence credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days, whether from one
infraction or cumulatively from multiple infractions arising
out of a single event, or when, during any 12-month period, the
cumulative amount of credit revoked exceeds 30 days except
where the infraction is committed or discovered within 60 days
of scheduled release. In those cases, the Department of
Corrections may revoke up to 30 days of sentence credit. The
Board may subsequently approve the revocation of additional
sentence credit, if the Department seeks to revoke sentence
credit in excess of 30 days. However, the Board shall not be
empowered to review the Department's decision with respect to
the loss of 30 days of sentence credit within any calendar year
for any prisoner or to increase any penalty beyond the length
requested by the Department.
    (3) The Director of Corrections or the Director of
Juvenile Justice, in appropriate cases, may restore sentence
credits which have been revoked, suspended, or reduced. The
Department shall prescribe rules and regulations governing the
restoration of sentence credits. These rules and regulations
shall provide for the automatic restoration of sentence
credits following a period in which the prisoner maintains a
record without a disciplinary violation.
    Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
    (d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of sentence credit
by bringing charges against the prisoner sought to be deprived
of the sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence
credit at the time of the finding, then the Prisoner Review
Board may revoke all sentence credit accumulated by the
prisoner.
    For purposes of this subsection (d):
        (1) "Frivolous" means that a pleading, motion, or
    other filing which purports to be a legal document filed
    by a prisoner in his or her lawsuit meets any or all of the
    following criteria:
            (A) it lacks an arguable basis either in law or in
        fact;
            (B) it is being presented for any improper
        purpose, such as to harass or to cause unnecessary
        delay or needless increase in the cost of litigation;
            (C) the claims, defenses, and other legal
        contentions therein are not warranted by existing law
        or by a nonfrivolous argument for the extension,
        modification, or reversal of existing law or the
        establishment of new law;
            (D) the allegations and other factual contentions
        do not have evidentiary support or, if specifically so
        identified, are not likely to have evidentiary support
        after a reasonable opportunity for further
        investigation or discovery; or
            (E) the denials of factual contentions are not
        warranted on the evidence, or if specifically so
        identified, are not reasonably based on a lack of
        information or belief.
        (2) "Lawsuit" means a motion pursuant to Section 116-3
    of the Code of Criminal Procedure of 1963, a habeas corpus
    action under Article X of the Code of Civil Procedure or
    under federal law (28 U.S.C. 2254), a petition for claim
    under the Court of Claims Act, an action under the federal
    Civil Rights Act (42 U.S.C. 1983), or a second or
    subsequent petition for post-conviction relief under
    Article 122 of the Code of Criminal Procedure of 1963
    whether filed with or without leave of court or a second or
    subsequent petition for relief from judgment under Section
    2-1401 of the Code of Civil Procedure.
    (e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
    (f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised
12-15-23.)
 
    (730 ILCS 5/3-8-10)  (from Ch. 38, par. 1003-8-10)
    Sec. 3-8-10. Intrastate detainers. Subsections Subsection
(b), (c), and (e) of Section 103-5 of the Code of Criminal
Procedure of 1963 shall also apply to persons committed to any
institution or facility or program of the Illinois Department
of Corrections who have untried complaints, charges or
indictments pending in any county of this State, and such
person shall include in the demand under subsection (b), a
statement of the place of present commitment, the term, and
length of the remaining term, the charges pending against him
or her to be tried and the county of the charges, and the
demand shall be addressed to the state's attorney of the
county where he or she is charged with a copy to the clerk of
that court and a copy to the chief administrative officer of
the Department of Corrections institution or facility to which
he or she is committed. The state's attorney shall then
procure the presence of the defendant for trial in his county
by habeas corpus. Additional time may be granted by the court
for the process of bringing and serving an order of habeas
corpus ad prosequendum. In the event that the person is not
brought to trial within the allotted time, then the charge for
which he or she has requested a speedy trial shall be
dismissed. The provisions of this Section do not apply to
persons no longer committed to a facility or program of the
Illinois Department of Corrections. A person serving a period
of parole or mandatory supervised release under the
supervision of the Department of Corrections, for the purpose
of this Section, shall not be deemed to be committed to the
Department.
(Source: P.A. 103-51, eff. 1-1-24; revised 1-2-24.)
 
    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
    Sec. 5-4-1. Sentencing hearing.
    (a) After a determination of guilt, a hearing shall be
held to impose the sentence. However, prior to the imposition
of sentence on an individual being sentenced for an offense
based upon a charge for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional
evaluation to determine if an alcohol or other drug abuse
problem exists and the extent of such a problem. Programs
conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is
not a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court shall make a specific
finding about whether the defendant is eligible for
participation in a Department impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
explanation as to why a sentence to impact incarceration is
not an appropriate sentence. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
        (1) consider the evidence, if any, received upon the
    trial;
        (2) consider any presentence reports;
        (3) consider the financial impact of incarceration
    based on the financial impact statement filed with the
    clerk of the court by the Department of Corrections;
        (4) consider evidence and information offered by the
    parties in aggravation and mitigation;
        (4.5) consider substance abuse treatment, eligibility
    screening, and an assessment, if any, of the defendant by
    an agent designated by the State of Illinois to provide
    assessment services for the Illinois courts;
        (5) hear arguments as to sentencing alternatives;
        (6) afford the defendant the opportunity to make a
    statement in his own behalf;
        (7) afford the victim of a violent crime or a
    violation of Section 11-501 of the Illinois Vehicle Code,
    or a similar provision of a local ordinance, the
    opportunity to present an oral or written statement, as
    guaranteed by Article I, Section 8.1 of the Illinois
    Constitution and provided in Section 6 of the Rights of
    Crime Victims and Witnesses Act. The court shall allow a
    victim to make an oral statement if the victim is present
    in the courtroom and requests to make an oral or written
    statement. An oral or written statement includes the
    victim or a representative of the victim reading the
    written statement. The court may allow persons impacted by
    the crime who are not victims under subsection (a) of
    Section 3 of the Rights of Crime Victims and Witnesses Act
    to present an oral or written statement. A victim and any
    person making an oral statement shall not be put under
    oath or subject to cross-examination. All statements
    offered under this paragraph (7) shall become part of the
    record of the court. In this paragraph (7), "victim of a
    violent crime" means a person who is a victim of a violent
    crime for which the defendant has been convicted after a
    bench or jury trial or a person who is the victim of a
    violent crime with which the defendant was charged and the
    defendant has been convicted under a plea agreement of a
    crime that is not a violent crime as defined in subsection
    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
        (7.5) afford a qualified person affected by: (i) a
    violation of Section 405, 405.1, 405.2, or 407 of the
    Illinois Controlled Substances Act or a violation of
    Section 55 or Section 65 of the Methamphetamine Control
    and Community Protection Act; or (ii) a Class 4 felony
    violation of Section 11-14, 11-14.3 except as described in
    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
    11-18.1, or 11-19 of the Criminal Code of 1961 or the
    Criminal Code of 2012, committed by the defendant the
    opportunity to make a statement concerning the impact on
    the qualified person and to offer evidence in aggravation
    or mitigation; provided that the statement and evidence
    offered in aggravation or mitigation shall first be
    prepared in writing in conjunction with the State's
    Attorney before it may be presented orally at the hearing.
    Sworn testimony offered by the qualified person is subject
    to the defendant's right to cross-examine. All statements
    and evidence offered under this paragraph (7.5) shall
    become part of the record of the court. In this paragraph
    (7.5), "qualified person" means any person who: (i) lived
    or worked within the territorial jurisdiction where the
    offense took place when the offense took place; or (ii) is
    familiar with various public places within the territorial
    jurisdiction where the offense took place when the offense
    took place. "Qualified person" includes any peace officer
    or any member of any duly organized State, county, or
    municipal peace officer unit assigned to the territorial
    jurisdiction where the offense took place when the offense
    took place;
        (8) in cases of reckless homicide afford the victim's
    spouse, guardians, parents or other immediate family
    members an opportunity to make oral statements;
        (9) in cases involving a felony sex offense as defined
    under the Sex Offender Management Board Act, consider the
    results of the sex offender evaluation conducted pursuant
    to Section 5-3-2 of this Act; and
        (10) make a finding of whether a motor vehicle was
    used in the commission of the offense for which the
    defendant is being sentenced.
    (b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer
sitting as a judge in that court. Where the judge does not
impose sentence at the same time on all defendants who are
convicted as a result of being involved in the same offense,
the defendant or the State's Attorney may advise the
sentencing court of the disposition of any other defendants
who have been sentenced.
    (b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
    (c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of the
court and shall be a public record.
    (c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as to
whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter that
finding and the basis for that finding in the record.
    (c-1.5) Notwithstanding any other provision of law to the
contrary, in imposing a sentence for an offense that requires
a mandatory minimum sentence of imprisonment, the court may
instead sentence the offender to probation, conditional
discharge, or a lesser term of imprisonment it deems
appropriate if: (1) the offense involves the use or possession
of drugs, retail theft, or driving on a revoked license due to
unpaid financial obligations; (2) the court finds that the
defendant does not pose a risk to public safety; and (3) the
interest of justice requires imposing a term of probation,
conditional discharge, or a lesser term of imprisonment. The
court must state on the record its reasons for imposing
probation, conditional discharge, or a lesser term of
imprisonment.
    (c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment is imposed, at
the time the sentence is imposed the judge shall state on the
record in open court the approximate period of time the
defendant will serve in custody according to the then current
statutory rules and regulations for sentence credit found in
Section 3-6-3 and other related provisions of this Code. This
statement is intended solely to inform the public, has no
legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
    The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also
receive an additional one-half day sentence credit for each
day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
    When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on
or after July 27, 2001 (the effective date of Public Act
92-176), and when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code
committed on or after January 1, 2011 (the effective date of
Public Act 96-1230), the judge's statement, to be given after
pronouncing the sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives 4
1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own misconduct
or failure to comply with the institutional regulations
receives lesser credit, the actual time served in prison will
be longer."
    When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after pronouncing
the sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
    When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement,
in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
    (c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist
or physician, the court may:
        (1) order that the officer preparing the presentence
    report consult with the United States Department of
    Veterans Affairs, Illinois Department of Veterans'
    Affairs, or another agency or person with suitable
    knowledge or experience for the purpose of providing the
    court with information regarding treatment options
    available to the defendant, including federal, State, and
    local programming; and
        (2) consider the treatment recommendations of any
    diagnosing or treating mental health professionals
    together with the treatment options available to the
    defendant in imposing sentence.
    For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
    (c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
    (c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
    (d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
    (e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
        (1) the sentence imposed;
        (2) any statement by the court of the basis for
    imposing the sentence;
        (3) any presentence reports;
        (3.3) the person's last known complete street address
    prior to incarceration or legal residence, the person's
    race, whether the person is of Hispanic or Latino origin,
    and whether the person is 18 years of age or older;
        (3.5) any sex offender evaluations;
        (3.6) any substance abuse treatment eligibility
    screening and assessment of the defendant by an agent
    designated by the State of Illinois to provide assessment
    services for the Illinois courts;
        (4) the number of days, if any, which the defendant
    has been in custody and for which he is entitled to credit
    against the sentence, which information shall be provided
    to the clerk by the sheriff;
        (4.1) any finding of great bodily harm made by the
    court with respect to an offense enumerated in subsection
    (c-1);
        (5) all statements filed under subsection (d) of this
    Section;
        (6) any medical or mental health records or summaries
    of the defendant;
        (7) the municipality where the arrest of the offender
    or the commission of the offense has occurred, where such
    municipality has a population of more than 25,000 persons;
        (8) all statements made and evidence offered under
    paragraph (7) of subsection (a) of this Section; and
        (9) all additional matters which the court directs the
    clerk to transmit.
    (f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
103-51, eff. 1-1-24; revised 12-15-23.)
 
    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
    Sec. 5-4-3. Specimens; genetic marker groups.
    (a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, convicted or found
guilty of any offense requiring registration under the Sex
Offender Registration Act, found guilty or given supervision
for any offense classified as a felony under the Juvenile
Court Act of 1987, convicted or found guilty of, under the
Juvenile Court Act of 1987, any offense requiring registration
under the Sex Offender Registration Act, or institutionalized
as a sexually dangerous person under the Sexually Dangerous
Persons Act, or committed as a sexually violent person under
the Sexually Violent Persons Commitment Act shall, regardless
of the sentence or disposition imposed, be required to submit
specimens of blood, saliva, or tissue to the Illinois State
Police in accordance with the provisions of this Section,
provided such person is:
        (1) convicted of a qualifying offense or attempt of a
    qualifying offense on or after July 1, 1990 and sentenced
    to a term of imprisonment, periodic imprisonment, fine,
    probation, conditional discharge or any other form of
    sentence, or given a disposition of court supervision for
    the offense;
        (1.5) found guilty or given supervision under the
    Juvenile Court Act of 1987 for a qualifying offense or
    attempt of a qualifying offense on or after January 1,
    1997;
        (2) ordered institutionalized as a sexually dangerous
    person on or after July 1, 1990;
        (3) convicted of a qualifying offense or attempt of a
    qualifying offense before July 1, 1990 and is presently
    confined as a result of such conviction in any State
    correctional facility or county jail or is presently
    serving a sentence of probation, conditional discharge or
    periodic imprisonment as a result of such conviction;
        (3.5) convicted or found guilty of any offense
    classified as a felony under Illinois law or found guilty
    or given supervision for such an offense under the
    Juvenile Court Act of 1987 on or after August 22, 2002;
        (4) presently institutionalized as a sexually
    dangerous person or presently institutionalized as a
    person found guilty but mentally ill of a sexual offense
    or attempt to commit a sexual offense; or
        (4.5) ordered committed as a sexually violent person
    on or after January 1, 1998 (the effective date of the
    Sexually Violent Persons Commitment Act).
    (a-1) Any person incarcerated in a facility of the
Illinois Department of Corrections or the Illinois Department
of Juvenile Justice on or after August 22, 2002, whether for a
term of years or natural life, who has not yet submitted a
specimen of blood, saliva, or tissue shall be required to
submit a specimen of blood, saliva, or tissue prior to his or
her final discharge, or release on parole, aftercare release,
or mandatory supervised release, as a condition of his or her
parole, aftercare release, or mandatory supervised release, or
within 6 months from August 13, 2009 (the effective date of
Public Act 96-426), whichever is sooner. A person incarcerated
on or after August 13, 2009 (the effective date of Public Act
96-426) shall be required to submit a specimen within 45 days
of incarceration, or prior to his or her final discharge, or
release on parole, aftercare release, or mandatory supervised
release, as a condition of his or her parole, aftercare
release, or mandatory supervised release, whichever is sooner.
These specimens shall be placed into the State or national DNA
database, to be used in accordance with other provisions of
this Section, by the Illinois State Police.
    (a-2) Any person sentenced to life imprisonment in a
facility of the Illinois Department of Corrections after June
13, 2005 (the effective date of Public Act 94-16) this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue within 45
days after sentencing or disposition at a collection site
designated by the Illinois State Police. Any person serving a
sentence of life imprisonment in a facility of the Illinois
Department of Corrections on June 13, 2005 (the effective date
of Public Act 94-16) this amendatory Act of the 94th General
Assembly or any person who is under a sentence of death on June
13, 2005 (the effective date of Public Act 94-16) this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue upon request
at a collection site designated by the Illinois State Police.
    (a-3) Any person seeking transfer to or residency in
Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
Code, the Interstate Compact for Adult Offender Supervision,
or the Interstate Agreements on Sexually Dangerous Persons Act
shall be required to provide a specimen of blood, saliva, or
tissue within 45 days after transfer to or residency in
Illinois at a collection site designated by the Illinois State
Police.
    (a-3.1) Any person required by an order of the court to
submit a DNA specimen shall be required to provide a specimen
of blood, saliva, or tissue within 45 days after the court
order at a collection site designated by the Illinois State
Police.
    (a-3.2) On or after January 1, 2012 (the effective date of
Public Act 97-383), any person arrested for any of the
following offenses, after an indictment has been returned by a
grand jury, or following a hearing pursuant to Section 109-3
of the Code of Criminal Procedure of 1963 and a judge finds
there is probable cause to believe the arrestee has committed
one of the designated offenses, or an arrestee has waived a
preliminary hearing shall be required to provide a specimen of
blood, saliva, or tissue within 14 days after such indictment
or hearing at a collection site designated by the Illinois
State Police:
        (A) first degree murder;
        (B) home invasion;
        (C) predatory criminal sexual assault of a child;
        (D) aggravated criminal sexual assault; or
        (E) criminal sexual assault.
    (a-3.3) Any person required to register as a sex offender
under the Sex Offender Registration Act, regardless of the
date of conviction as set forth in subsection (c-5.2) shall be
required to provide a specimen of blood, saliva, or tissue
within the time period prescribed in subsection (c-5.2) at a
collection site designated by the Illinois State Police.
    (a-5) Any person who was otherwise convicted of or
received a disposition of court supervision for any other
offense under the Criminal Code of 1961 or the Criminal Code of
2012 or who was found guilty or given supervision for such a
violation under the Juvenile Court Act of 1987, may,
regardless of the sentence imposed, be required by an order of
the court to submit specimens of blood, saliva, or tissue to
the Illinois State Police in accordance with the provisions of
this Section.
    (b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois State Police.
    (c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue
shall be required to provide such specimens prior to final
discharge or within 6 months from August 13, 2009 (the
effective date of Public Act 96-426), whichever is sooner.
These specimens shall be placed into the State or national DNA
database, to be used in accordance with other provisions of
this Act, by the Illinois State Police.
    (c-5) Any person required by paragraph (a-3) to provide
specimens of blood, saliva, or tissue shall, where feasible,
be required to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate compact
or agreement, but no later than 45 days after arrival in this
State.
    (c-5.2) Unless it is determined that a registered sex
offender has previously submitted a specimen of blood, saliva,
or tissue that has been placed into the State DNA database, a
person registering as a sex offender shall be required to
submit a specimen at the time of his or her initial
registration pursuant to the Sex Offender Registration Act or,
for a person registered as a sex offender on or prior to
January 1, 2012 (the effective date of Public Act 97-383),
within one year of January 1, 2012 (the effective date of
Public Act 97-383) or at the time of his or her next required
registration.
    (c-6) The Illinois State Police may determine which type
of specimen or specimens, blood, saliva, or tissue, is
acceptable for submission to the Division of Forensic Services
for analysis. The Illinois State Police may require the
submission of fingerprints from anyone required to give a
specimen under this Act.
    (d) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of blood
specimens. The collection of specimens shall be performed in a
medically approved manner. Only a physician authorized to
practice medicine, a registered nurse or other qualified
person trained in venipuncture may withdraw blood for the
purposes of this Act. The specimens shall thereafter be
forwarded to the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-1) The Illinois State Police shall provide all
equipment and instructions necessary for the collection of
saliva specimens. The collection of saliva specimens shall be
performed in a medically approved manner. Only a person
trained in the instructions promulgated by the Illinois State
Police on collecting saliva may collect saliva for the
purposes of this Section. The specimens shall thereafter be
forwarded to the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-2) The Illinois State Police shall provide all
equipment and instructions necessary for the collection of
tissue specimens. The collection of tissue specimens shall be
performed in a medically approved manner. Only a person
trained in the instructions promulgated by the Illinois State
Police on collecting tissue may collect tissue for the
purposes of this Section. The specimens shall thereafter be
forwarded to the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-5) To the extent that funds are available, the Illinois
State Police shall contract with qualified personnel and
certified laboratories for the collection, analysis, and
categorization of known specimens, except as provided in
subsection (n) of this Section.
    (d-6) Agencies designated by the Illinois State Police and
the Illinois State Police may contract with third parties to
provide for the collection or analysis of DNA, or both, of an
offender's blood, saliva, and tissue specimens, except as
provided in subsection (n) of this Section.
    (e) The genetic marker groupings shall be maintained by
the Illinois State Police, Division of Forensic Services.
    (f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA
database, (ii) technology validation purposes, (iii) a
population statistics database, (iv) quality assurance
purposes if personally identifying information is removed, (v)
assisting in the defense of the criminally accused pursuant to
Section 116-5 of the Code of Criminal Procedure of 1963, or
(vi) identifying and assisting in the prosecution of a person
who is suspected of committing a sexual assault as defined in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act. Notwithstanding any other statutory provision to the
contrary, all information obtained under this Section shall be
maintained in a single State data base, which may be uploaded
into a national database, and which information may be subject
to expungement only as set forth in subsection (f-1).
    (f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois State Police, the DNA record shall be
expunged from the DNA identification index, and the Department
shall by rule prescribe procedures to ensure that the record
and any specimens, analyses, or other documents relating to
such record, whether in the possession of the Department or
any law enforcement or police agency, or any forensic DNA
laboratory, including any duplicates or copies thereof, are
destroyed and a letter is sent to the court verifying the
expungement is completed. For specimens required to be
collected prior to conviction, unless the individual has other
charges or convictions that require submission of a specimen,
the DNA record for an individual shall be expunged from the DNA
identification databases and the specimen destroyed upon
receipt of a certified copy of a final court order for each
charge against an individual in which the charge has been
dismissed, resulted in acquittal, or that the charge was not
filed within the applicable time period. The Department shall
by rule prescribe procedures to ensure that the record and any
specimens in the possession or control of the Department are
destroyed and a letter is sent to the court verifying the
expungement is completed.
    (f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA specimen, beyond the authorized uses as
provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
    (f-6) The Illinois State Police may contract with third
parties for the purposes of implementing Public Act 93-216
this amendatory Act of the 93rd General Assembly, except as
provided in subsection (n) of this Section. Any other party
contracting to carry out the functions of this Section shall
be subject to the same restrictions and requirements of this
Section insofar as applicable, as the Illinois State Police,
and to any additional restrictions imposed by the Illinois
State Police.
    (g) For the purposes of this Section, "qualifying offense"
means any of the following:
        (1) any violation or inchoate violation of Section
    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
    12-16 of the Criminal Code of 1961 or the Criminal Code of
    2012;
        (1.1) any violation or inchoate violation of Section
    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
    1961 or the Criminal Code of 2012 for which persons are
    convicted on or after July 1, 2001;
        (2) any former statute of this State which defined a
    felony sexual offense;
        (3) (blank);
        (4) any inchoate violation of Section 9-3.1, 9-3.4,
    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
    the Criminal Code of 2012; or
        (5) any violation or inchoate violation of Article 29D
    of the Criminal Code of 1961 or the Criminal Code of 2012.
    (g-5) (Blank).
    (h) The Illinois State Police shall be the State central
repository for all genetic marker grouping analysis
information obtained pursuant to this Act. The Illinois State
Police may promulgate rules for the form and manner of the
collection of blood, saliva, or tissue specimens and other
procedures for the operation of this Act. The provisions of
the Administrative Review Law shall apply to all actions taken
under the rules so promulgated.
    (i)(1) A person required to provide a blood, saliva, or
tissue specimen shall cooperate with the collection of the
specimen and any deliberate act by that person intended to
impede, delay or stop the collection of the blood, saliva, or
tissue specimen is a Class 4 felony.
    (2) In the event that a person's DNA specimen is not
adequate for any reason, the person shall provide another DNA
specimen for analysis. Duly authorized law enforcement and
corrections personnel may employ reasonable force in cases in
which an individual refuses to provide a DNA specimen required
under this Act.
    (j) (Blank).
    (k) All analysis and categorization assessments provided
under the Criminal and Traffic Assessment Assessments Act to
the State Crime Laboratory Fund shall be regulated as follows:
        (1) (Blank).
        (2) (Blank).
        (3) Moneys deposited into the State Crime Laboratory
    Fund shall be used by Illinois State Police crime
    laboratories as designated by the Director of the Illinois
    State Police. These funds shall be in addition to any
    allocations made pursuant to existing laws and shall be
    designated for the exclusive use of State crime
    laboratories. These uses may include, but are not limited
    to, the following:
            (A) Costs incurred in providing analysis and
        genetic marker categorization as required by
        subsection (d).
            (B) Costs incurred in maintaining genetic marker
        groupings as required by subsection (e).
            (C) Costs incurred in the purchase and maintenance
        of equipment for use in performing analyses.
            (D) Costs incurred in continuing research and
        development of new techniques for analysis and genetic
        marker categorization.
            (E) Costs incurred in continuing education,
        training, and professional development of forensic
        scientists regularly employed by these laboratories.
    (l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, shall in no way
alter the obligation of the person to submit such specimen, or
the authority of the Illinois State Police or persons
designated by the Illinois State Police to collect the
specimen, or the authority of the Illinois State Police to
accept, analyze and maintain the specimen or to maintain or
upload results of genetic marker grouping analysis information
into a State or national database.
    (m) If any provision of Public Act 93-216 this amendatory
Act of the 93rd General Assembly is held unconstitutional or
otherwise invalid, the remainder of Public Act 93-216 this
amendatory Act of the 93rd General Assembly is not affected.
    (n) Neither the Illinois State Police, the Division of
Forensic Services, nor any laboratory of the Division of
Forensic Services may contract out forensic testing for the
purpose of an active investigation or a matter pending before
a court of competent jurisdiction without the written consent
of the prosecuting agency. For the purposes of this subsection
(n), "forensic testing" includes the analysis of physical
evidence in an investigation or other proceeding for the
prosecution of a violation of the Criminal Code of 1961 or the
Criminal Code of 2012 or for matters adjudicated under the
Juvenile Court Act of 1987, and includes the use of forensic
databases and databanks, including DNA, firearm, and
fingerprint databases, and expert testimony.
    (o) Mistake does not invalidate a database match. The
detention, arrest, or conviction of a person based upon a
database match or database information is not invalidated if
it is determined that the specimen was obtained or placed in
the database by mistake.
    (p) This Section may be referred to as the Illinois DNA
Database Law of 2011.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
103-51, eff. 1-1-24; revised 1-2-24.)
 
    (730 ILCS 5/5-4.5-105)
    Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
    (a) On or after January 1, 2016 (the effective date of
Public Act 99-69) this amendatory Act of the 99th General
Assembly, when a person commits an offense and the person is
under 18 years of age at the time of the commission of the
offense, the court, at the sentencing hearing conducted under
Section 5-4-1, shall consider the following additional factors
in mitigation in determining the appropriate sentence:
        (1) the person's age, impetuosity, and level of
    maturity at the time of the offense, including the ability
    to consider risks and consequences of behavior, and the
    presence of cognitive or developmental disability, or
    both, if any;
        (2) whether the person was subjected to outside
    pressure, including peer pressure, familial pressure, or
    negative influences;
        (3) the person's family, home environment, educational
    and social background, including any history of parental
    neglect, domestic or sexual violence, sexual exploitation,
    physical abuse, or other childhood trauma including
    adverse childhood experiences (or ACEs);
        (4) the person's potential for rehabilitation or
    evidence of rehabilitation, or both;
        (5) the circumstances of the offense;
        (6) the person's degree of participation and specific
    role in the offense, including the level of planning by
    the defendant before the offense;
        (7) whether the person was able to meaningfully
    participate in his or her defense;
        (8) the person's prior juvenile or criminal history;
        (9) the person's involvement in the child welfare
    system;
        (10) involvement of the person in the community;
        (11) if a comprehensive mental health evaluation of
    the person was conducted by a qualified mental health
    professional, the outcome of the evaluation; and
        (12) 12 any other information the court finds relevant
    and reliable, including an expression of remorse, if
    appropriate. However, if the person, on advice of counsel
    chooses not to make a statement, the court shall not
    consider a lack of an expression of remorse as an
    aggravating factor.
    (b) The trial judge shall specify on the record its
consideration of the factors under subsection (a) of this
Section.
    (c) Notwithstanding any other provision of law, if the
court determines by clear and convincing evidence that the
individual against whom the person is convicted of committing
the offense previously committed a crime under Section 10-9,
Section 11-1.20, Section 11-1.30, Section 11-1.40, Section
11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5,
Section 11-6.6, Section 11-9.1, Section 11-14.3, Section
11-14.4 or Section 11-18.1 of the under Criminal Code of 2012
against the person within 3 years before the offense in which
the person was convicted, the court may, in its discretion:
        (1) transfer the person to juvenile court for
    sentencing under Section 5-710 of the Juvenile Court Act
    of 1987;
        (2) depart from any mandatory minimum sentence,
    maximum sentence, or sentencing enhancement; or
        (3) suspend any portion of an otherwise applicable
    sentence.
    (d) Subsection (c) shall be construed as prioritizing the
successful treatment and rehabilitation of persons under 18
years of age who are sex crime victims who commit acts of
violence against their abusers. It is the General Assembly's
intent that these persons be viewed as victims and provided
treatment and services in the community and in the , juvenile
or family court system.
    (e) Except as provided in subsections (f) and (g) (d), the
court may sentence the defendant to any disposition authorized
for the class of the offense of which he or she was found
guilty as described in Article 4.5 of this Code, and may, in
its discretion, decline to impose any otherwise applicable
sentencing enhancement based upon firearm possession,
possession with personal discharge, or possession with
personal discharge that proximately causes great bodily harm,
permanent disability, permanent disfigurement, or death to
another person.
    (f) Notwithstanding any other provision of law, if the
defendant is convicted of first degree murder and would
otherwise be subject to sentencing under clause (iii), (iv),
(v), or (vii) of subparagraph (c) of paragraph (1) of
subsection (a) of Section 5-8-1 of this Code based on the
category of persons identified therein, the court shall impose
a sentence of not less than 40 years of imprisonment, except
for persons convicted of first degree murder where subsection
(c) applies. In addition, the court may, in its discretion,
decline to impose the sentencing enhancements based upon the
possession or use of a firearm during the commission of the
offense included in subsection (d) of Section 5-8-1.
    (g) (d) Fines and assessments, such as fees or
administrative costs, shall not be ordered or imposed against
a minor subject to this Code or against the minor's parent,
guardian, or legal custodian. For the purposes of this
subsection (g) this amendatory Act of the 103rd General
Assembly, "minor" has the meaning provided in Section 1-3 of
the Juvenile Court Act of 1987 and includes any minor under the
age of 18 transferred to adult court or excluded from juvenile
court jurisdiction under Article V of the Juvenile Court Act
of 1987.
(Source: P.A. 103-191, eff. 1-1-24; 103-379, eff. 7-28-23;
revised 9-14-23.)
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
    Sec. 5-6-3. Conditions of probation and of conditional
discharge.
    (a) The conditions of probation and of conditional
discharge shall be that the person:
        (1) not violate any criminal statute of any
    jurisdiction;
        (2) report to or appear in person before such person
    or agency as directed by the court. To comply with the
    provisions of this paragraph (2), in lieu of requiring the
    person on probation or conditional discharge to appear in
    person for the required reporting or meetings, the officer
    may utilize technology, including cellular and other
    electronic communication devices or platforms, that allow
    for communication between the supervised person and the
    officer in accordance with standards and guidelines
    established by the Administrative Office of the Illinois
    Courts;
        (3) refrain from possessing a firearm or other
    dangerous weapon where the offense is a felony or, if a
    misdemeanor, the offense involved the intentional or
    knowing infliction of bodily harm or threat of bodily
    harm;
        (4) not leave the State without the consent of the
    court or, in circumstances in which the reason for the
    absence is of such an emergency nature that prior consent
    by the court is not possible, without the prior
    notification and approval of the person's probation
    officer. Transfer of a person's probation or conditional
    discharge supervision to another state is subject to
    acceptance by the other state pursuant to the Interstate
    Compact for Adult Offender Supervision;
        (5) permit the probation officer to visit him at his
    home or elsewhere to the extent necessary to discharge his
    duties;
        (6) perform no less than 30 hours of community service
    and not more than 120 hours of community service, if
    community service is available in the jurisdiction and is
    funded and approved by the county board where the offense
    was committed, where the offense was related to or in
    furtherance of the criminal activities of an organized
    gang and was motivated by the offender's membership in or
    allegiance to an organized gang. The community service
    shall include, but not be limited to, the cleanup and
    repair of any damage caused by a violation of Section
    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
    2012 and similar damage to property located within the
    municipality or county in which the violation occurred.
    When possible and reasonable, the community service should
    be performed in the offender's neighborhood. For purposes
    of this Section, "organized gang" has the meaning ascribed
    to it in Section 10 of the Illinois Streetgang Terrorism
    Omnibus Prevention Act. The court may give credit toward
    the fulfillment of community service hours for
    participation in activities and treatment as determined by
    court services. Community service shall not interfere with
    the school hours, school-related activities, or work
    commitments of the minor or the minor's parent, guardian,
    or legal custodian;
        (7) if he or she is at least 17 years of age and has
    been sentenced to probation or conditional discharge for a
    misdemeanor or felony in a county of 3,000,000 or more
    inhabitants and has not been previously convicted of a
    misdemeanor or felony, may be required by the sentencing
    court to attend educational courses designed to prepare
    the defendant for a high school diploma and to work toward
    a high school diploma or to work toward passing high
    school equivalency testing or to work toward completing a
    vocational training program approved by the court. The
    person on probation or conditional discharge must attend a
    public institution of education to obtain the educational
    or vocational training required by this paragraph (7). The
    court shall revoke the probation or conditional discharge
    of a person who willfully fails to comply with this
    paragraph (7). The person on probation or conditional
    discharge shall be required to pay for the cost of the
    educational courses or high school equivalency testing if
    a fee is charged for those courses or testing. The court
    shall resentence the offender whose probation or
    conditional discharge has been revoked as provided in
    Section 5-6-4. This paragraph (7) does not apply to a
    person who has a high school diploma or has successfully
    passed high school equivalency testing. This paragraph (7)
    does not apply to a person who is determined by the court
    to be a person with a developmental disability or
    otherwise mentally incapable of completing the educational
    or vocational program;
        (8) if convicted of possession of a substance
    prohibited by the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act after a previous conviction
    or disposition of supervision for possession of a
    substance prohibited by the Cannabis Control Act or
    Illinois Controlled Substances Act or after a sentence of
    probation under Section 10 of the Cannabis Control Act,
    Section 410 of the Illinois Controlled Substances Act, or
    Section 70 of the Methamphetamine Control and Community
    Protection Act and upon a finding by the court that the
    person is addicted, undergo treatment at a substance abuse
    program approved by the court;
        (8.5) if convicted of a felony sex offense as defined
    in the Sex Offender Management Board Act, the person shall
    undergo and successfully complete sex offender treatment
    by a treatment provider approved by the Board and
    conducted in conformance with the standards developed
    under the Sex Offender Management Board Act;
        (8.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing
    at the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders;
        (8.7) if convicted for an offense committed on or
    after June 1, 2008 (the effective date of Public Act
    95-464) that would qualify the accused as a child sex
    offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961 or the Criminal Code of 2012,
    refrain from communicating with or contacting, by means of
    the Internet, a person who is not related to the accused
    and whom the accused reasonably believes to be under 18
    years of age; for purposes of this paragraph (8.7),
    "Internet" has the meaning ascribed to it in Section
    16-0.1 of the Criminal Code of 2012; and a person is not
    related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (8.8) if convicted for an offense under Section 11-6,
    11-9.1, 11-14.4 that involves soliciting for a juvenile
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
    of the Criminal Code of 1961 or the Criminal Code of 2012,
    or any attempt to commit any of these offenses, committed
    on or after June 1, 2009 (the effective date of Public Act
    95-983):
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or
        software systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer;
        (8.9) if convicted of a sex offense as defined in the
    Sex Offender Registration Act committed on or after
    January 1, 2010 (the effective date of Public Act 96-262),
    refrain from accessing or using a social networking
    website as defined in Section 17-0.5 of the Criminal Code
    of 2012;
        (9) if convicted of a felony or of any misdemeanor
    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
    2012 that was determined, pursuant to Section 112A-11.1 of
    the Code of Criminal Procedure of 1963, to trigger the
    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
    at a time and place designated by the court, his or her
    Firearm Owner's Identification Card and any and all
    firearms in his or her possession. The Court shall return
    to the Illinois State Police Firearm Owner's
    Identification Card Office the person's Firearm Owner's
    Identification Card;
        (10) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial
    minors are present, not participate in a holiday event
    involving children under 18 years of age, such as
    distributing candy or other items to children on
    Halloween, wearing a Santa Claus costume on or preceding
    Christmas, being employed as a department store Santa
    Claus, or wearing an Easter Bunny costume on or preceding
    Easter;
        (11) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed
    on or after January 1, 2010 (the effective date of Public
    Act 96-362) that requires the person to register as a sex
    offender under that Act, may not knowingly use any
    computer scrub software on any computer that the sex
    offender uses;
        (12) if convicted of a violation of the
    Methamphetamine Control and Community Protection Act, the
    Methamphetamine Precursor Control Act, or a
    methamphetamine related offense:
            (A) prohibited from purchasing, possessing, or
        having under his or her control any product containing
        pseudoephedrine unless prescribed by a physician; and
            (B) prohibited from purchasing, possessing, or
        having under his or her control any product containing
        ammonium nitrate; and
        (13) if convicted of a hate crime involving the
    protected class identified in subsection (a) of Section
    12-7.1 of the Criminal Code of 2012 that gave rise to the
    offense the offender committed, perform public or
    community service of no less than 200 hours and enroll in
    an educational program discouraging hate crimes that
    includes racial, ethnic, and cultural sensitivity training
    ordered by the court.
    (b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
        (1) serve a term of periodic imprisonment under
    Article 7 for a period not to exceed that specified in
    paragraph (d) of Section 5-7-1;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) provide nonfinancial contributions to his own
        support at home or in a foster home;
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is convicted of a crime of
        violence as defined in Section 2 of the Crime Victims
        Compensation Act committed in a school, on the real
        property comprising a school, or within 1,000 feet of
        the real property comprising a school;
        (8) make restitution as provided in Section 5-5-6 of
    this Code;
        (9) perform some reasonable public or community
    service;
        (10) serve a term of home confinement. In addition to
    any other applicable condition of probation or conditional
    discharge, the conditions of home confinement shall be
    that the offender:
            (i) remain within the interior premises of the
        place designated for his confinement during the hours
        designated by the court;
            (ii) admit any person or agent designated by the
        court into the offender's place of confinement at any
        time for purposes of verifying the offender's
        compliance with the conditions of his confinement; and
            (iii) if further deemed necessary by the court or
        the probation or court services department Probation
        or Court Services Department, be placed on an approved
        electronic monitoring device, subject to Article 8A of
        Chapter V;
            (iv) for persons convicted of any alcohol,
        cannabis or controlled substance violation who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the offender to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court, except as provided in an administrative
        order of the Chief Judge of the circuit court. The
        clerk of the circuit court shall pay all monies
        collected from this fee to the county treasurer for
        deposit in the substance abuse services fund under
        Section 5-1086.1 of the Counties Code, except as
        provided in an administrative order of the Chief Judge
        of the circuit court.
            The Chief Judge of the circuit court of the county
        may by administrative order establish a program for
        electronic monitoring of offenders, in which a vendor
        supplies and monitors the operation of the electronic
        monitoring device, and collects the fees on behalf of
        the county. The program shall include provisions for
        indigent offenders and the collection of unpaid fees.
        The program shall not unduly burden the offender and
        shall be subject to review by the Chief Judge.
            The Chief Judge of the circuit court may suspend
        any additional charges or fees for late payment,
        interest, or damage to any device; and
            (v) for persons convicted of offenses other than
        those referenced in clause (iv) above and who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the defendant to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court, except as provided in an administrative
        order of the Chief Judge of the circuit court. The
        clerk of the circuit court shall pay all monies
        collected from this fee to the county treasurer who
        shall use the monies collected to defray the costs of
        corrections. The county treasurer shall deposit the
        fee collected in the probation and court services
        fund. The Chief Judge of the circuit court of the
        county may by administrative order establish a program
        for electronic monitoring of offenders, in which a
        vendor supplies and monitors the operation of the
        electronic monitoring device, and collects the fees on
        behalf of the county. The program shall include
        provisions for indigent offenders and the collection
        of unpaid fees. The program shall not unduly burden
        the offender and shall be subject to review by the
        Chief Judge.
            The Chief Judge of the circuit court may suspend
        any additional charges or fees for late payment,
        interest, or damage to any device.
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986, as now or hereafter
    amended, or an order of protection issued by the court of
    another state, tribe, or United States territory. A copy
    of the order of protection shall be transmitted to the
    probation officer or agency having responsibility for the
    case;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by the program on
    the offender's case, not to exceed the maximum amount of
    the fine authorized for the offense for which the
    defendant was sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses
    under the jurisdiction of the Department of Natural
    Resources, to the fund established by the Department of
    Natural Resources for the purchase of evidence for
    investigation purposes and to conduct investigations as
    outlined in Section 805-105 of the Department of Natural
    Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer, if the defendant has been placed on
    probation or advance approval by the court, if the
    defendant was placed on conditional discharge;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including, but not limited to, members
    of street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Illinois
    Controlled Substances Act or the Methamphetamine Control
    and Community Protection Act, unless prescribed by a
    physician, and submit samples of his or her blood or urine
    or both for tests to determine the presence of any illicit
    drug;
        (17) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464)
    that would qualify the accused as a child sex offender as
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
    of 1961 or the Criminal Code of 2012, refrain from
    communicating with or contacting, by means of the
    Internet, a person who is related to the accused and whom
    the accused reasonably believes to be under 18 years of
    age; for purposes of this paragraph (17), "Internet" has
    the meaning ascribed to it in Section 16-0.1 of the
    Criminal Code of 2012; and a person is related to the
    accused if the person is: (i) the spouse, brother, or
    sister of the accused; (ii) a descendant of the accused;
    (iii) a first or second cousin of the accused; or (iv) a
    step-child or adopted child of the accused;
        (18) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983)
    that would qualify as a sex offense as defined in the Sex
    Offender Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        subject's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer; and
        (19) refrain from possessing a firearm or other
    dangerous weapon where the offense is a misdemeanor that
    did not involve the intentional or knowing infliction of
    bodily harm or threat of bodily harm.
    (c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the
course of the minor's lawful employment.
    (d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
    (e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of
imprisonment in excess of 6 months. This 6-month limit shall
not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section 5-8-1.2.
    Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
    (f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
    (g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial circuit in
which the county is located shall establish reasonable fees
for the cost of maintenance, testing, and incidental expenses
related to the mandatory drug or alcohol testing, or both, and
all costs incidental to approved electronic monitoring,
involved in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees
to the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
A person shall not be assessed costs or fees for mandatory
testing for drugs, alcohol, or both, if the person is an
indigent person as defined in paragraph (2) of subsection (a)
of Section 5-105 of the Code of Civil Procedure.
    The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
    (h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court. The probation
department within the circuit to which jurisdiction has been
transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). For all transfer cases, as
defined in Section 9b of the Probation and Probation Officers
Act, the probation department from the original sentencing
court shall retain all probation fees collected prior to the
transfer. After the transfer, all probation fees shall be paid
to the probation department within the circuit to which
jurisdiction has been transferred.
    (i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee
of $50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is placed
in the guardianship or custody of the Department of Children
and Family Services under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers
Act.
    A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the Chief
Judge chief judge, a standard probation fee guide determining
an offender's ability to pay. Of the amount collected as a
probation fee, up to $5 of that fee collected per month may be
used to provide services to crime victims and their families.
    The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate
compact, shall be required to pay probation fees to the
department supervising the offender, based on the offender's
ability to pay.
    Public Act 93-970 deletes the $10 increase in the fee
under this subsection that was imposed by Public Act 93-616.
This deletion is intended to control over any other Act of the
93rd General Assembly that retains or incorporates that fee
increase.
    (i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation
department has determined to be sexually motivated (as defined
in the Sex Offender Management Board Act), the court or the
probation department shall assess additional fees to pay for
all costs of treatment, assessment, evaluation for risk and
treatment, and monitoring the offender, based on that
offender's ability to pay those costs either as they occur or
under a payment plan.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
    (k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
    (m) Except for restitution, and assessments issued for
adjudications under Section 5-125 of the Juvenile Court Act of
1987, fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed on a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
    (n) (m) A person on probation, conditional discharge, or
supervision shall not be ordered to refrain from having
cannabis or alcohol in his or her body unless:
        (1) the person is under 21 years old;
        (2) the person was sentenced to probation, conditional
    discharge, or supervision for an offense which had as an
    element of the offense the presence of an intoxicating
    compound in the person's body;
        (3) the person is participating in a problem-solving
    court certified by the Illinois Supreme Court;
        (4) the person has undergone a validated clinical
    assessment and the clinical treatment plan includes
    alcohol or cannabis testing; or
        (5) a court ordered evaluation recommends that the
    person refrain from using alcohol or cannabis, provided
    the evaluation is a validated clinical assessment and the
    recommendation originates from a clinical treatment plan.
    If the court has made findings that alcohol use was a
contributing factor in the commission of the underlying
offense, the court may order a person on probation,
conditional discharge, or supervision to refrain from having
alcohol in his or her body during the time between sentencing
and the completion of a validated clinical assessment,
provided that such order shall not exceed 30 days and shall be
terminated if the clinical treatment plan does not recommend
abstinence or testing, or both.
    In this subsection (n) (m), "validated clinical
assessment" and "clinical treatment plan" have the meanings
ascribed to them in Section 10 of the Drug Court Treatment Act.
    In any instance in which the court orders testing for
cannabis or alcohol, the court shall state the reasonable
relation the condition has to the person's crime for which the
person was placed on probation, conditional discharge, or
supervision.
    (o) (n) A person on probation, conditional discharge, or
supervision shall not be ordered to refrain from use or
consumption of any substance lawfully prescribed by a medical
provider or authorized by the Compassionate Use of Medical
Cannabis Program Act, except where use is prohibited in
paragraph (3) or (4) of subsection (n) (m).
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff.
1-1-24; revised 12-15-23.)
 
    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
    Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of
local government or the State of Illinois, which regularly
employs at least one person engaged in the analysis of
controlled substances, cannabis, methamphetamine, or steroids
for criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
    (b) (Blank).
    (c) (Blank).
    (c-1) A criminal laboratory analysis assessment, or
equivalent fine or assessment, such as fees or administrative
costs, shall not be ordered or imposed on a minor subject to
Article III, IV, or V of the Juvenile Court Act of 1987, or a
minor under the age of 18 transferred to adult court or
excluded from juvenile court jurisdiction under Article V of
the Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
    (d) Notwithstanding subsection (c-1) of this Section, all
funds provided for by this Section shall be collected by the
clerk of the court and forwarded to the appropriate crime
laboratory fund as provided in subsection (f).
    (e) Crime laboratory funds shall be established as
follows:
        (1) Any unit of local government which maintains a
    crime laboratory may establish a crime laboratory fund
    within the office of the county or municipal treasurer.
        (2) Any combination of units of local government which
    maintains a crime laboratory may establish a crime
    laboratory fund within the office of the treasurer of the
    county where the crime laboratory is situated.
        (3) The State Crime Laboratory Fund is hereby created
    as a special fund in the State Treasury.
    (f) Funds shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund
if the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a
crime laboratory funded by a combination of units of local
government, the funds shall be forwarded to the treasurer of
the county where the crime laboratory is situated if a crime
laboratory fund has been established in that county. If the
unit of local government or combination of units of local
government has not established a crime laboratory fund, then
the funds shall be forwarded to the State Crime Laboratory
Fund.
    (g) Moneys deposited into a crime laboratory fund created
pursuant to paragraph (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
        (1) costs incurred in providing analysis for
    controlled substances in connection with criminal
    investigations conducted within this State;
        (2) purchase and maintenance of equipment for use in
    performing analyses; and
        (3) continuing education, training, and professional
    development of forensic scientists regularly employed by
    these laboratories.
    (h) Moneys deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as
designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of
State crime laboratories or for the sexual assault evidence
tracking system created under Section 50 of the Sexual Assault
Evidence Submission Act. These uses may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-363, eff. 7-28-23; 103-379, eff.
7-28-23; revised 9-14-23.)
 
    (730 ILCS 5/5-9-1.9)
    Sec. 5-9-1.9. DUI analysis.
    (a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
    "DUI analysis" means an analysis of blood, other bodily
substance, or urine for purposes of determining whether a
violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
    (b) (Blank).
    (c) (Blank).
    (c-1) A criminal laboratory DUI analysis assessment, or
equivalent fine or assessment, such as fees or administrative
costs, shall not be ordered or imposed on a minor subject to
Article III, IV, or V of the Juvenile Court Act of 1987, or a
minor under the age of 18 transferred to adult court or
excluded from juvenile court jurisdiction under Article V of
the Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
    (d) Notwithstanding subsection (c-1), all funds provided
for by this Section shall be collected by the clerk of the
court and forwarded to the appropriate crime laboratory DUI
fund as provided in subsection (f).
    (e) Crime laboratory funds shall be established as
follows:
        (1) A unit of local government that maintains a crime
    laboratory may establish a crime laboratory DUI fund
    within the office of the county or municipal treasurer.
        (2) Any combination of units of local government that
    maintains a crime laboratory may establish a crime
    laboratory DUI fund within the office of the treasurer of
    the county where the crime laboratory is situated.
        (3) (Blank).
    (f) Notwithstanding subsection (c-1), all funds shall be
forwarded to the office of the treasurer of the unit of local
government that performed the analysis if that unit of local
government has established a crime laboratory DUI fund, or
remitted to the State Treasurer for deposit into the State
Crime Laboratory Fund if the analysis was performed by a
laboratory operated by the Illinois State Police. If the
analysis was performed by a crime laboratory funded by a
combination of units of local government, the funds shall be
forwarded to the treasurer of the county where the crime
laboratory is situated if a crime laboratory DUI fund has been
established in that county. If the unit of local government or
combination of units of local government has not established a
crime laboratory DUI fund, then the funds shall be remitted to
the State Treasurer for deposit into the State Crime
Laboratory Fund.
    (g) Moneys deposited into a crime laboratory DUI fund
created under paragraphs (1) and (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
        (1) Costs incurred in providing analysis for DUI
    investigations conducted within this State.
        (2) Purchase and maintenance of equipment for use in
    performing analyses.
        (3) Continuing education, training, and professional
    development of forensic scientists regularly employed by
    these laboratories.
    (h) Moneys deposited in the State Crime Laboratory Fund
shall be used by State crime laboratories as designated by the
Director of the Illinois State Police. These funds shall be in
addition to any allocations made according to existing law and
shall be designated for the exclusive use of State crime
laboratories. These uses may include those enumerated in
subsection (g) of this Section.
    (i) (Blank).
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff.
7-28-23; 103-379, eff. 7-28-23; revised 9-14-23.)
 
    Section 570. The Arsonist Registration Act is amended by
changing Section 35 as follows:
 
    (730 ILCS 148/35)
    Sec. 35. Duty to report change of address, school, name,
or employment. Any person who is required to register under
this Act shall report in person to the appropriate law
enforcement agency with whom he or she last registered within
one year from the date of last registration and every year
thereafter. If any person required to register under this Act
changes his or her residence address, place of employment, or
school, he or she shall, in writing, within 10 days inform the
law enforcement agency with whom he or she last registered of
his or her new address, change in employment, or school and
register with the appropriate law enforcement agency within
the time period specified in Section 10. Any person who is
required to register under this Act and is granted a legal name
change pursuant to subsection (b) of Section 21-101 of the
Code of Civil Procedure shall, in writing, within 10 days
inform the law enforcement agency with whom the person they
last registered of the their name change. The law enforcement
agency shall, within 3 days of receipt, notify the Illinois
State Police and the law enforcement agency having
jurisdiction of the new place of residence, change in
employment, or school. If any person required to register
under this Act establishes a residence or employment outside
of the State of Illinois, within 10 days after establishing
that residence or employment, he or she shall, in writing,
inform the law enforcement agency with which he or she last
registered of his or her out-of-state residence or employment.
The law enforcement agency with which such person last
registered shall, within 3 days' days notice of an address or
employment change, notify the Illinois State Police. The
Illinois State Police shall forward such information to the
out-of-state law enforcement agency having jurisdiction in the
form and manner prescribed by the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
revised 12-15-23.)
 
    Section 575. The Sex Offender Registration Act is amended
by changing Section 6 as follows:
 
    (730 ILCS 150/6)
    Sec. 6. Duty to report; change of address, school, name,
or employment; duty to inform. A person who has been
adjudicated to be sexually dangerous or is a sexually violent
person and is later released, or found to be no longer sexually
dangerous or no longer a sexually violent person and
discharged, or convicted of a violation of this Act after July
1, 2005, shall report in person to the law enforcement agency
with whom he or she last registered no later than 90 days after
the date of his or her last registration and every 90 days
thereafter and at such other times at the request of the law
enforcement agency not to exceed 4 times a year. Such sexually
dangerous or sexually violent person must report all new or
changed e-mail addresses, all new or changed instant messaging
identities, all new or changed chat room identities, and all
other new or changed Internet communications identities that
the sexually dangerous or sexually violent person uses or
plans to use, all new or changed Uniform Resource Locators
(URLs) registered or used by the sexually dangerous or
sexually violent person, and all new or changed blogs and
other Internet sites maintained by the sexually dangerous or
sexually violent person or to which the sexually dangerous or
sexually violent person has uploaded any content or posted any
messages or information. Any person who lacks a fixed
residence must report weekly, in person, to the appropriate
law enforcement agency where the sex offender is located. Any
other person who is required to register under this Article
shall report in person to the appropriate law enforcement
agency with whom he or she last registered within one year from
the date of last registration and every year thereafter and at
such other times at the request of the law enforcement agency
not to exceed 4 times a year. If any person required to
register under this Article lacks a fixed residence or
temporary domicile, he or she must notify, in person, the
agency of jurisdiction of his or her last known address within
3 days after ceasing to have a fixed residence and if the
offender leaves the last jurisdiction of residence, he or she,
must within 3 days after leaving register in person with the
new agency of jurisdiction. If any other person required to
register under this Article changes his or her residence
address, place of employment, telephone number, cellular
telephone number, or school, he or she shall report in person,
to the law enforcement agency with whom he or she last
registered, his or her new address, change in employment,
telephone number, cellular telephone number, or school, all
new or changed e-mail addresses, all new or changed instant
messaging identities, all new or changed chat room identities,
and all other new or changed Internet communications
identities that the sex offender uses or plans to use, all new
or changed Uniform Resource Locators (URLs) registered or used
by the sex offender, and all new or changed blogs and other
Internet sites maintained by the sex offender or to which the
sex offender has uploaded any content or posted any messages
or information, and register, in person, with the appropriate
law enforcement agency within the time period specified in
Section 3. If any person required to register under this
Article is granted a legal name change pursuant to subsection
(b) of Section 21-101 of the Code of Civil Procedure, the
person they shall report, in person, within 3 days of the their
legal name change, to the law enforcement agency with whom the
person they last registered. If the sex offender is a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012, the sex
offender shall within 3 days after beginning to reside in a
household with a child under 18 years of age who is not his or
her own child, provided that his or her own child is not the
victim of the sex offense, report that information to the
registering law enforcement agency. The law enforcement agency
shall, within 3 days of the reporting in person by the person
required to register under this Article, notify the Illinois
State Police of the new place of residence, change in
employment, telephone number, cellular telephone number, or
school.
    If any person required to register under this Article
intends to establish a residence or employment outside of the
State of Illinois, at least 10 days before establishing that
residence or employment, he or she shall report in person to
the law enforcement agency with which he or she last
registered of his or her out-of-state intended residence or
employment. The law enforcement agency with which such person
last registered shall, within 3 days after the reporting in
person of the person required to register under this Article
of an address or employment change, notify the Illinois State
Police. The Illinois State Police shall forward such
information to the out-of-state law enforcement agency having
jurisdiction in the form and manner prescribed by the Illinois
State Police.
(Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff.
1-1-24; revised 12-15-23.)
 
    Section 580. The Murderer and Violent Offender Against
Youth Registration Act is amended by changing Section 30 as
follows:
 
    (730 ILCS 154/30)
    Sec. 30. Duty to report; change of address, school, name,
or employment; duty to inform. Any violent offender against
youth who is required to register under this Act shall report
in person to the appropriate law enforcement agency with whom
he or she last registered within one year from the date of last
registration and every year thereafter and at such other times
at the request of the law enforcement agency not to exceed 4
times a year. If any person required to register under this Act
lacks a fixed residence or temporary domicile, he or she must
notify, in person, the agency of jurisdiction of his or her
last known address within 5 days after ceasing to have a fixed
residence and if the offender leaves the last jurisdiction of
residence, he or she must, within 48 hours after leaving,
register in person with the new agency of jurisdiction. If any
other person required to register under this Act changes his
or her residence address, place of employment, or school, he
or she shall report in person to the law enforcement agency
with whom he or she last registered of his or her new address,
change in employment, or school and register, in person, with
the appropriate law enforcement agency within the time period
specified in Section 10. The law enforcement agency shall,
within 3 days of the reporting in person by the person required
to register under this Act, notify the Illinois State Police
of the new place of residence, change in employment, or
school. If any person required to register under this Act is
granted a legal name change pursuant to subsection (b) of
Section 21-101 of the Code of Civil Procedure, the person they
shall report, in person, within 5 days of receiving the their
legal name change order, the their legal name change to the law
enforcement agency with whom the person they last registered.
    If any person required to register under this Act intends
to establish a residence or employment outside of the State of
Illinois, at least 10 days before establishing that residence
or employment, he or she shall report in person to the law
enforcement agency with which he or she last registered of his
or her out-of-state intended residence or employment. The law
enforcement agency with which such person last registered
shall, within 3 days after the reporting in person of the
person required to register under this Act of an address or
employment change, notify the Illinois State Police. The
Illinois State Police shall forward such information to the
out-of-state law enforcement agency having jurisdiction in the
form and manner prescribed by the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
revised 12-15-23.)
 
    Section 585. The End Youth Solitary Confinement Act is
amended by changing Section 10 as follows:
 
    (730 ILCS 215/10)
    Sec. 10. Covered juvenile confinement.
    (a) In this Act:
    "Administrative hold" means the status assigned to a
covered juvenile who is temporarily being housed in a
particular covered juvenile center and includes, but is not
limited to: a covered juvenile awaiting transfer to another
juvenile detention center, a covered juvenile permanently
assigned to another juvenile detention center being
temporarily housed for purposes of attending court, the
covered juvenile awaiting release, and the covered juvenile
who was transferred to the Department of Corrections by
mistake.
    "Behavioral hold" means the status assigned to a covered
juvenile who is confined to the covered juvenile's own room or
another area because he or she is engaging in dangerous
behavior that poses a serious and immediate threat to his or
her own safety, the safety of others, or the security of the
juvenile detention center.
    "Chief administrative officer" means the highest ranking
official of a juvenile detention center.
    "Confinement" means any instance when an individual
covered juvenile is held for 15 minutes or more in a room,
cell, or other area separated from other covered juveniles.
Confinement may occur in locked or unlocked rooms.
"Confinement" includes an administrative hold, behavioral
hold, or investigative status. "Confinement" does not include
medical isolation or quarantine, situations when a covered
juvenile requests to go to his or her room, the movement of the
covered juvenile between offices and classrooms while
attending school, a covered juvenile who receives individual
counseling or other therapeutic services, or staff who are in
ongoing continuous conversation or processing with the covered
juvenile, such as a cool down.
    "Covered juvenile" means any person under 21 years of age
incarcerated in a Department of Juvenile Justice facility or
any person under 18 years of age detained in a county facility
under the authority of the local circuit court.
    "Investigative status" means a status assigned to a
covered juvenile for whom confinement is necessary for the
efficient and effective investigation of a Tier 2 or Tier 3
offense, as defined in the Department of Juvenile Justice's
Administrative Directive 04.01.140.
    "Tier 2" or "Tier 3" offense means a major rules violation
that results in immediate disciplinary consequences that are
assigned by the staff of a facility of the Illinois Department
of Juvenile Justice reporting the violation.
    (b) The use of room confinement at a youth facility for
discipline, punishment, retaliation, or any reason other than
as a temporary response to a juvenile's behavior that poses a
serious and immediate risk of physical harm to any individual,
including the juvenile, is prohibited.
    (b-5) A covered juvenile may be placed on an
administrative hold and confined when temporarily being housed
in a particular juvenile detention center or for
administrative or security purposes as personally determined
by the chief administrative officer.
    (b-6) Placement on administrative hold shall be subject to
the following time limitations:
        (1) when the covered juvenile is awaiting transfer to
    a youth facility or a more secure setting, the
    administrative hold may not exceed 3 business days; and
        (2) the administrative hold may not exceed 7 calendar
    days when the covered juvenile is temporarily transferred
    to a different facility for the purposes of placement
    interviews, court appearances, or medical treatment.
    (b-7) Whenever a covered juvenile is on an administrative
hold, the Department shall provide the covered juvenile with
access to the same programs and services received by covered
juveniles in the general population. Any restrictions on
movement or access to programs and services shall be
documented and justified by the chief administrative officer.
    (c) If a covered juvenile poses a serious and immediate
risk of physical harm to any individual, including the
juvenile, before a staff member of the facility places a
covered juvenile in room confinement, the staff member shall
attempt to use other less restrictive options, unless
attempting those options poses a threat to the safety or
security of any minor or staff.
    (d) If a covered juvenile is placed in room confinement
because the covered juvenile poses a serious and immediate
risk of physical harm to himself or herself, or to others, the
covered juvenile shall be released:
        (1) immediately when the covered juvenile has
    sufficiently gained control so as to no longer engage in
    behavior that threatens serious and immediate risk of
    physical harm to himself or herself, or to others; or
        (2) no more than 24 hours after being placed in room
    confinement if a covered juvenile does not sufficiently
    gain control as described in paragraph (1) of this
    subsection (d) and poses a serious and immediate risk of
    physical harm to himself or herself or others, not later
    than:
            (A) 3 hours after being placed in room
        confinement, in the case of a covered juvenile who
        poses a serious and immediate risk of physical harm to
        others; or
            (B) 30 minutes after being placed in room
        confinement, in the case of a covered juvenile who
        poses a serious and immediate risk of physical harm
        only to himself or herself.
    (e) If, after the applicable maximum period of confinement
has expired, a covered juvenile continues to pose a serious
and immediate risk of physical harm to others:
        (1) the covered juvenile shall be transferred to
    another facility, when available, or internal location
    where services can be provided to the covered juvenile
    without relying on room confinement; or
        (2) if a qualified mental health professional believes
    the level of crisis service needed is not currently
    available, a staff member of the facility shall initiate a
    referral to a location that can meet the needs of the
    covered juvenile.
    (f) Each facility detaining covered juveniles shall report
the use of each incident of room confinement to an independent
ombudsperson for the Department of Juvenile Justice each
month, including:
        (1) the name of the covered juvenile;
        (2) demographic data, including, at a minimum, age,
    race, gender, and primary language;
        (3) the reason for room confinement, including how
    detention facility officials determined the covered
    juvenile posed an immediate risk of physical harm to
    others or to the covered juvenile him or herself;
        (4) the length of room confinement;
        (5) the number of covered juveniles transferred to
    another facility or referred referral to a separate crisis
    location covered under subsection (e); and
        (6) the name of detention facility officials involved
    in each instance of room confinement.
    (g) An independent ombudsperson for the Department of
Juvenile Justice may review a detention facility's adherence
to this Section.
(Source: P.A. 103-178, eff. 1-1-24; revised 12-19-23.)
 
    Section 590. The Code of Civil Procedure is amended by
changing Sections 21-101, 21-102, 21-102.5, and 21-103 as
follows:
 
    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
    Sec. 21-101. Proceedings; parties.
    (a) If any person who is a resident of this State and has
resided in this State for 6 months desires to change his or her
name and to assume another name by which to be afterwards
called and known, the person may file a petition requesting
that relief in the circuit court of the county wherein he or
she resides.
    (b) A person who has been convicted of any offense for
which a person is required to register under the Sex Offender
Registration Act, the Murderer and Violent Offender Against
Youth Registration Act, or the Arsonist Registration Act in
this State or any other state and who has not been pardoned is
not permitted to file a petition for a name change in the
courts of this State during the period that the person is
required to register, unless that person verifies under oath,
as provided under Section 1-109, that the petition for the
name change is due to marriage, religious beliefs, status as a
victim of trafficking or gender-related identity as defined by
the Illinois Human Rights Act. A judge may grant or deny the
request for legal name change filed by such persons. Any such
persons granted a legal name change shall report the change to
the law enforcement agency having jurisdiction of their
current registration pursuant to the Duty to Report
requirements specified in Section 35 of the Arsonist
Registration Act, Section 20 of the Murderer and Violent
Offender Against Youth Registration Act, and Section 6 of the
Sex Offender Registration Act. For the purposes of this
subsection, a person will not face a felony charge if the
person's request for legal name change is denied without proof
of perjury.
    (b-1) A person who has been convicted of a felony offense
in this State or any other state and whose sentence has not
been completed, terminated, or discharged is not permitted to
file a petition for a name change in the courts of this State
unless that person is pardoned for the offense.
    (c) A petitioner may include his or her spouse and adult
unmarried children, with their consent, and his or her minor
children where it appears to the court that it is for their
best interest, in the petition and relief requested, and the
court's order shall then include the spouse and children.
Whenever any minor has resided in the family of any person for
the space of 3 years and has been recognized and known as an
adopted child in the family of that person, the application
herein provided for may be made by the person having that minor
in his or her family.
    An order shall be entered as to a minor only if the court
finds by clear and convincing evidence that the change is
necessary to serve the best interest of the child. In
determining the best interest of a minor child under this
Section, the court shall consider all relevant factors,
including:
        (1) The wishes of the child's parents and any person
    acting as a parent who has physical custody of the child.
        (2) The wishes of the child and the reasons for those
    wishes. The court may interview the child in chambers to
    ascertain the child's wishes with respect to the change of
    name. Counsel shall be present at the interview unless
    otherwise agreed upon by the parties. The court shall
    cause a court reporter to be present who shall make a
    complete record of the interview instantaneously to be
    part of the record in the case.
        (3) The interaction and interrelationship of the child
    with his or her parents or persons acting as parents who
    have physical custody of the child, step-parents,
    siblings, step-siblings, or any other person who may
    significantly affect the child's best interest.
        (4) The child's adjustment to his or her home, school,
    and community.
    (d) If it appears to the court that the conditions and
requirements under this Article have been complied with and
that there is no reason why the relief requested should not be
granted, the court, by an order to be entered of record, may
direct and provide that the name of that person be changed in
accordance with the relief requested in the petition. If the
circuit court orders that a name change be granted to a person
who has been adjudicated or convicted of a felony or
misdemeanor offense under the laws of this State or any other
state for which a pardon has not been granted, or has an arrest
for which a charge has not been filed or a pending charge on a
felony or misdemeanor offense, a copy of the order, including
a copy of each applicable access and review response, shall be
forwarded to the Illinois State Police. The Illinois State
Police shall update any criminal history transcript or
offender registration of each person 18 years of age or older
in the order to include the change of name as well as his or
her former name.
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
revised 12-15-23.)
 
    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
    Sec. 21-102. Petition; update criminal history transcript.
    (a) The petition shall be a statewide standardized form
approved by the Illinois Supreme Court and shall set forth the
name then held, the name sought to be assumed, the residence of
the petitioner, the length of time the petitioner has resided
in this State, and the state or country of the petitioner's
nativity or supposed nativity. The petition shall include a
statement, verified under oath as provided under Section 1-109
of this Code, whether or not the petitioner or any other person
18 years of age or older who will be subject to a change of
name under the petition if granted: (1) has been adjudicated
or convicted of a felony or misdemeanor offense under the laws
of this State or any other state for which a pardon has not
been granted; or (2) has an arrest for which a charge has not
been filed or a pending charge on a felony or misdemeanor
offense. The petition shall be signed by the person
petitioning or, in case of minors, by the parent or guardian
having the legal custody of the minor.
    (b) If the statement provided under subsection (a) of this
Section indicates the petitioner or any other person 18 years
of age or older who will be subject to a change of name under
the petition, if granted, has been adjudicated or convicted of
a felony or misdemeanor offense under the laws of this State or
any other state for which a pardon has not been granted, or has
an arrest for which a charge has not been filed or a pending
charge on a felony or misdemeanor offense, the State's
Attorney may request the court to or the court may on its own
motion, require the person, prior to a hearing on the
petition, to initiate an update of his or her criminal history
transcript with the Illinois State Police. The Illinois State
Police Department shall allow a person to use the Access and
Review process, established by rule in the Illinois State
Police Department, for this purpose. Upon completion of the
update of the criminal history transcript, the petitioner
shall file confirmation of each update with the court, which
shall seal the records from disclosure outside of court
proceedings on the petition.
    (c) Any petition filed under subsection (a) shall include
the following: "WARNING: If you are required to register under
the Sex Offender Registration Act, the Murderer and Violent
Offender Against Youth Registration Act, or the Arsonist
Registration Act in this State or a similar law in any other
state and have not been pardoned, you will be committing a
felony under those respective Acts by seeking a change of name
during the registration period UNLESS your request for legal
name change is due to marriage, religious beliefs, status as a
victim of trafficking or gender related identity as defined by
the Illinois Human Rights Act.".
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
revised 12-15-23.)
 
    (735 ILCS 5/21-102.5)
    Sec. 21-102.5. Notice; objection.
    (a) The circuit court clerk shall promptly serve a copy of
the petition on the State's Attorney and the Illinois State
Police if the statement provided under subsection (a) of
Section 21-102 indicates that the petitioner, or any other
person 18 years of age or older who will be subject to a change
of name under the petition, has been adjudicated or convicted
of a felony or misdemeanor offense under the laws of this State
or any other state for which a pardon has not been granted, or
has an arrest for which a charge has not been filed or a
pending charge on a felony or misdemeanor offense.
    (b) The State's Attorney may file an objection to the
petition. All objections shall be in writing, shall be filed
with the circuit court clerk, shall be served upon the
petitioner, and shall state with specificity the basis of the
objection. Objections to a petition must be filed within 30
days of the date of service of the petition upon the State's
Attorney if the petitioner:
        (1) is the defendant in a pending criminal offense
    charge; or
        (2) has been convicted of identity theft, aggravated
    identity theft, felony or misdemeanor criminal sexual
    abuse when the victim of the offense at the time of its
    commission is under 18 years of age, felony or misdemeanor
    sexual exploitation of a child, felony or misdemeanor
    indecent solicitation of a child, or felony or misdemeanor
    indecent solicitation of an adult, and has not been
    pardoned for the conviction.
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
revised 12-15-23)
 
    (735 ILCS 5/21-103)
    Sec. 21-103. Notice by publication.
    (a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the
person resides, or if no newspaper is published in that
county, then in some convenient newspaper published in this
State. The notice shall be inserted for 3 consecutive weeks
after filing, the first insertion to be at least 6 weeks before
the return day upon which the petition is to be heard, and
shall be signed by the petitioner or, in case of a minor, the
minor's parent or guardian, and shall set forth the return day
of court on which the petition is to be heard and the name
sought to be assumed.
    (b) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a minor if, before making judgment under this
Article, reasonable notice and opportunity to be heard is
given to any parent whose parental rights have not been
previously terminated and to any person who has physical
custody of the child. If any of these persons are outside this
State, notice and opportunity to be heard shall be given under
Section 21-104.
    (b-3) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a person who has received a judgment of for
dissolution of marriage or declaration of invalidity of
marriage and wishes to change his or her name to resume the use
of his or her former or maiden name.
    (b-5) The court may issue an order directing that the
notice and publication requirement be waived for a change of
name involving a person who files with the court a statement,
verified under oath as provided under Section 1-109 of this
Code, that the person believes that publishing notice of the
name change would be a hardship, including, but not limited
to, a negative impact on the person's health or safety.
    (b-6) In a case where waiver of the notice and publication
requirement is sought, the petition for waiver is presumed
granted and heard at the same hearing as the petition for name
change. The court retains discretion to determine whether a
hardship is shown and may order the petitioner to publish
thereafter.
    (c) The Director of the Illinois State Police or his or her
designee may apply to the circuit court for an order directing
that the notice and publication requirements of this Section
be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness
during and following a criminal investigation or proceeding.
    (c-1) The court may also enter a written order waiving the
publication requirement of subsection (a) if:
        (i) the petitioner is 18 years of age or older; and
        (ii) concurrent with the petition, the petitioner
    files with the court a statement, verified under oath as
    provided under Section 1-109 of this Code, attesting that
    the petitioner is or has been a person protected under the
    Illinois Domestic Violence Act of 1986, the Stalking No
    Contact Order Act, the Civil No Contact Order Act, Article
    112A of the Code of Criminal Procedure of 1963, a
    condition of pretrial release under subsections (b)
    through (d) of Section 110-10 of the Code of Criminal
    Procedure of 1963, or a similar provision of a law in
    another state or jurisdiction.
    The petitioner may attach to the statement any supporting
documents, including relevant court orders.
    (c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the
petitioner or any member of the petitioner's family or
household at risk or reveal the confidential address of a
shelter for domestic violence victims, that address may be
omitted from all documents filed with the court, and the
petitioner may designate an alternative address for service.
    (c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under
subsection (c-1).
    (c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
    (d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1133, eff. 1-1-24; revised 12-15-23.)
 
    Section 595. The Eminent Domain Act is amended by setting
forth, renumbering, and changing multiple versions of Section
25-5-105 as follows:
 
    (735 ILCS 30/25-5-105)
    (Section scheduled to be repealed on May 31, 2025)
    Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.
    (a) Quick-take proceedings under Article 20 may be used
for a period of one year after May 31, 2025 (the effective date
of Public Act 103-3) this amendatory Act of the 103rd General
Assembly by Menard County for the acquisition of the following
described property for the purpose of reconstructing the
Athens Blacktop corridor.
 
    Route: FAS 574/Athens Blacktop Road
    County: Menard
    Parcel No.: D-18
    P.I.N. No.: 12-28-400-006
    Section: 09-00056-05-EG
    Station: RT 181+94.77
    Station: RT 188+48.97
        A part of the Southeast Quarter of Section 28,
    Township 18 North, Range 6 West of the Third Principal
    Meridian, described as follows:
        Commencing at the Northeast corner of the Southeast
    Quarter of said Section 28; thence South 89 degrees 42
    minutes 06 seconds West along the north line of the
    Southeast Quarter of said Section 28, a distance of 669.81
    feet to the northeast parcel corner and the point of
    beginning; thence South 02 degrees 24 minutes 13 seconds
    East along the east parcel line, 80.48 feet; thence South
    72 degrees 55 minutes 03 seconds West, 103.39 feet; thence
    South 89 degrees 43 minutes 40 seconds West, 150.00 feet;
    thence North 86 degrees 08 minutes 49 seconds West, 405.10
    feet to the west parcel line; thence North 01 degree 06
    minutes 28 seconds West along said line, 80.89 feet to the
    north line of the Southeast Quarter of said Section 28;
    thence North 89 degrees 42 minutes 06 seconds East along
    said line, 651.20 feet to the point of beginning,
    containing 0.860 acres, more or less of new right of way
    and 0.621 acres, more or less of existing right of way.
 
    Route: FAS 574/Athens Blacktop Road
    County: Menard
    Parcel No.: D-19
    P.I.N. No.: 12-28-400-007
    Section: 09-00056-05-EG
    Station: RT 188+46.59
    Station: RT 191+17.37
        A part of the Southeast Quarter of Section 28,
    Township 18 North, Range 6 West of the Third Principal
    Meridian, described as follows:
        Commencing at the Northeast corner of the Southeast
    Quarter of said Section 28; thence South 89 degrees 42
    minutes 06 seconds West along the north line of the
    Southeast Quarter of said Section 28, a distance of 399.89
    feet to the northeast parcel corner and the point of
    beginning; thence South 01 degree 10 minutes 54 seconds
    East along the east parcel line, 92.67 feet; thence South
    80 degrees 35 minutes 32 seconds West, 17.59 feet; thence
    South 89 degrees 43 minutes 40 seconds West, 75.00 feet;
    thence North 00 degrees 16 minutes 20 seconds West, 45.45
    feet to the existing southerly right of way line of Athens
    Blacktop Road (FAS 574); thence South 89 degrees 42
    minutes 25 seconds West along said line, 75.00 feet;
    thence South 72 degrees 55 minutes 03 seconds West, 105.54
    feet to the west parcel line; thence North 02 degrees 24
    minutes 13 seconds West along said line, 80.48 feet to the
    north line of the Southeast Quarter of said Section 28;
    thence North 89 degrees 42 minutes 06 seconds East along
    said line, 269.92 feet to the point of beginning,
    containing 0.137 acres, more or less of new right of way
    and 0.303 acres, more or less of existing right of way.
    (b) This Section is repealed May 31, 2025 (2 years after
the effective date of Public Act 103-3) this amendatory Act of
the 103rd General Assembly.
(Source: P.A. 103-3, eff. 5-31-23; revised 7-27-23.)
 
    (735 ILCS 30/25-5-107)
    (Section scheduled to be repealed on June 9, 2026)
    Sec. 25-5-107 25-5-105. Quick-take; Will County; Cedar
Road; Francis Road.
    (a) Quick-take proceedings under Article 20 may be used
for a period of 2 years after June 9, 2023 (the effective date
of Public Act 103-10) this amendatory Act of the 103rd General
Assembly by Will County for the acquisition of the following
described property for the purpose of road construction:
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0001
Station: 109+23.08 to 110+04.95
Index No.: 15-08-09-406-002
THAT PART OF LOT 1 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF
ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND
PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS
DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
0.9999586959 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
SOUTHEAST QUARTER, 81.87 FEET; THENCE SOUTH 88 DEGREES 29
MINUTES 18 SECONDS WEST, 5.00 FEET; THENCE NORTH 01 DEGREES 30
MINUTES 42 SECONDS WEST ALONG A LINE 5.00 FEET WEST OF AND
PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE
NORTH 46 DEGREES 55 MINUTES 15 SECONDS WEST, 39.62 FEET TO THE
NORTHERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF
FRANCIS ROAD AS MONUMENTED AND OCCUPIED; THENCE NORTH 79
DEGREES 17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE
OF FRANCIS ROAD, 33.65 FEET TO THE PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.020 ACRES, MORE OR LESS.
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0001TE-A
Station: 208+19.76 to 210+13.46
Index No.:15-08-09-406-001
15-08-09-406-002
THAT PART OF LOTS 1 AND 2 IN WILMSEN'S SUBDIVISION OF LOTS 1
AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW
LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS
AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE
SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED
FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE NORTHERLY LINE
OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF FRANCIS ROAD AS
MONUMENTED AND OCCUPIED, 33.65 FEET FOR THE PLACE OF
BEGINNING; THENCE SOUTH 46 DEGREES 55 MINUTES 15 SECONDS EAST,
6.20 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03 SECONDS WEST
ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH SAID
SOUTHERLY LINE OF FRANCIS ROAD, 71.83 FEET; THENCE SOUTH 10
DEGREES 42 MINUTES 57 SECONDS EAST, 10.00 FEET; THENCE SOUTH
79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET
SOUTH OF AND PARALLEL WITH SAID SOUTHERLY LINE OF FRANCIS
ROAD, 33.19 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
SECONDS WEST, 10.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES
03 SECONDS WEST ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL
WITH SAID SOUTHERLY LINE OF FRANCIS ROAD, 88.67 FEET TO THE
WEST LINE OF SAID LOT 2; THENCE NORTH 01 DEGREES 30 MINUTES 42
SECONDS WEST ALONG SAID WEST LINE OF LOT 2, A DISTANCE OF 5.07
FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 79 DEGREES
17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE OF
FRANCIS ROAD, 189.22 FEET TO THE PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.030 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0001TE-B
Station: 107+04.56 to 109+76.68
Index No.: 15-08-09-406-002
15-08-09-406-003
15-08-09-406-004
THAT PART OF LOTS 1, 3 AND 4 IN WILMSEN'S SUBDIVISION OF LOTS 1
AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW
LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS
AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE
SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED
FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 81.87 FEET
FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES
30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD,
218.52 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 88
DEGREES 55 MINUTES 56 SECONDS WEST ALONG SAID SOUTH LINE,
10.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST
ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST
LINE OF CEDAR ROAD, 272.05 FEET; THENCE SOUTH 46 DEGREES 55
MINUTES 15 SECONDS EAST, 7.02 FEET; THENCE SOUTH 01 DEGREES 30
MINUTES 42 SECONDS EAST ALONG A LINE 5.00 FEET WEST OF AND
PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE
NORTH 88 DEGREES 29 MINUTES 18 SECONDS EAST, 5.00 FEET TO THE
PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.056 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0002
Station: 110+78.28 to 111+36.28
Index No.: 15-08-09-402-027
THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF
SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS
MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET; THENCE
NORTH 38 DEGREES 53 MINUTES 10 SECONDS EAST, 76.16 FEET TO THE
EAST LINE OF SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR
ROAD, BEING A LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH
01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF
CEDAR ROAD, 50.00 FEET TO THE PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0002TE-A
Station: 209+19.56 to 210+01.42
Index No.: 15-08-09-402-027
THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF
SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS
MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET FOR THE
PLACE OF BEGINNING; THENCE CONTINUING SOUTH 79 DEGREES 17
MINUTES 03 SECONDS WEST ALONG SAID SOUTH LINE OF LOT 1, A
DISTANCE OF 70.11 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
SECONDS WEST, 10.00 FEET; THENCE NORTH 79 DEGREES 17 MINUTES
03 SECONDS EAST ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL
WITH SAID SOUTH LINE OF LOT 1, A DISTANCE OF 81.86 FEET; THENCE
SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST, 15.43 FEET TO THE
PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.017 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0002TE-B
Station: 111+24.53 to 111+97.97
Index No.: 15-08-09-402-027
THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE EAST LINE OF
SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
SOUTHEAST QUARTER, A DISTANCE OF 50.00 FEET FOR THE PLACE OF
BEGINNING; THENCE SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST,
15.43 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST
ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST
LINE OF CEDAR ROAD, A DISTANCE OF 73.44 FEET; THENCE NORTH 88
DEGREES 29 MINUTES 18 SECONDS EAST, 10.00 FEET TO SAID WEST
LINE OF CEDAR ROAD; THENCE SOUTH 01 DEGREES 30 MINUTES 42
SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD, A DISTANCE OF
61.69 FEET TO THE PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.015 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0003
Station: 110+82.35 to 111+62.35
Index No.: 15-08-10-300-040
THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
0.9999586959 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR
ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36
SECONDS EAST, 82.17 FEET TO THE SOUTH LINE OF SAID LOT 9, BEING
ALSO THE NORTH RIGHT-OF-WAY LINE OF FRANCIS ROAD; THENCE SOUTH
79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF
LOT 9, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.032 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0003PE
Station: 111+51.57 to 114+33.66
Index No.: 15-08-10-300-040
THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S
NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP
35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
0.9999586959 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR
ROAD, 80.00 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING
NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG SAID WEST
LINES OF LOT 9 AND LOT 8, A DISTANCE OF 271.27 FEET TO THE
SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT 8; THENCE NORTH 88
DEGREES 19 MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE,
17.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS
EAST, 7.00 FEET; THENCE SOUTH 88 DEGREES 19 MINUTES 08 SECONDS
WEST, 12.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42
SECONDS EAST ALONG A LINE 5.00 FEET EAST OF AND PARALLEL WITH
THE WEST LINE OF SAID LOT 9, A DISTANCE OF 275.06 FEET; THENCE
NORTH 26 DEGREES 23 MINUTES 36 SECONDS WEST, 11.88 FEET TO THE
PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.034 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0003TE
Station: 110+87.81 to 114+26.66
Index No.: 15-08-10-300-040
THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S
NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP
35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
0.9999586959 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR
ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36
SECONDS EAST, 11.88 FEET FOR THE PLACE OF BEGINNING; THENCE
NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG A LINE 5.00
FEET EAST OF AND PARALLEL WITH SAID WEST LINES OF LOT 9 AND LOT
8, A DISTANCE OF 275.06 FEET; THENCE NORTH 88 DEGREES 19
MINUTES 08 SECONDS EAST, 12.00 FEET; THENCE SOUTH 01 DEGREES
30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND
PARALLEL WITH THE WEST LINE OF SAID LOT 9, A DISTANCE OF 257.47
FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 SECONDS EAST,
76.04 FEET; THENCE NORTH 79 DEGREES 30 MINUTES 57 SECONDS EAST
ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
LINE OF SAID LOT 9, BEING ALSO THE NORTH RIGHT-OF-WAY LINE OF
FRANCIS ROAD, 198.02 FEET; THENCE SOUTH 02 DEGREE 14 MINUTES
14 SECONDS EAST, 10.10 FEET TO SAID SOUTH LINE OF LOT 9; THENCE
SOUTH 79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH
LINE OF LOT 9, A DISTANCE OF 212.75 FEET; THENCE NORTH 26
DEGREES 23 MINUTES 36 SECONDS WEST, 70.28 FEET TO THE PLACE OF
BEGINNING.
SAID PARCEL CONTAINING 0.151 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0004
Station: 213+68.59 to 214+69.31
Index No.: 15-08-10-300-037
THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,
BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE
COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 9 AND
RUNNING SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 9,
311.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 175 FEET,
THENCE SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHERLY
LINE OF SAID LOT 9, 100 FEET, THENCE SOUTH 175 FEET TO THE
SOUTHERLY LINE OF SAID LOT 9, THENCE NORTHEASTERLY ALONG THE
SOUTHERLY LINE OF SAID LOT 9, 100 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0005
Station: 214+68.59 to 215+00.84
Index No.: 15-08-10-300-047
THE SOUTHERLY 5 FEET (MEASURING 31.53 FEET) OF LOT 9 OF THAT
PART OF LOTS 8 AND 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
0.9999586959 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH
ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET
NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE
SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF
SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE
TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY
31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET
PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET
PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH
SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF
SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A
POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE
NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE
OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT
OF BEGINNING, IN WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.004 ACRES (158 SQUARE FEET), MORE OR
LESS.
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0005TE
Station: 214+69.31 to 215+02.29
Index No.: 15-08-10-300-047
THE NORTHERLY 10 FEET OF THE SOUTHERLY 15 FEET (MEASURING
31.53 FEET) OF LOT 9 OF THAT PART OF LOTS 8 AND 9 IN ARTHUR T.
MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,
ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE
PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH
ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET
NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE
SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF
SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE
TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY
31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET
PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET
PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH
SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF
SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A
POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE
NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE
OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT
OF BEGINNING, IN WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.007 ACRES (315 SQUARE FEET), MORE OR
LESS.
REVISION DATE: 06-30-2022
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0006
Station: 215+80.12 to 216+71.09
Index No.: 15-08-10-300-014
THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,
BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE
COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
BEGINNING 110 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT 9 ON
THE SOUTHERLY LINE OF SAID LOT 9; THENCE CONTINUING WESTERLY
ALONG SAID SOUTHERLY LINE 90 FEET; THENCE NORTH 175 FEET TO A
POINT; THENCE EASTERLY ALONG A LINE PARALLEL TO SAID SOUTHERLY
LINE 90 FEET; THENCE SOUTH 175 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.010 ACRES (451 SQUARE FEET), MORE OR
LESS.
REVISION DATE: 06-30-2022
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0006TE
Station: 215+80.84 to 216+15.15
Index No.: 15-08-10-300-014
THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
0.9999586959 DESCRIBED AS FOLLOWS:
COMMENCING 200 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID
LOT 9 ON THE SOUTHERLY LINE OF SAID LOT 9, SAID SOUTHERLY LINE
BEARING SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST; THENCE
NORTH 02 DEGREES 14 MINUTES 14 SECONDS WEST, 5.05 FEET FOR THE
PLACE OF BEGINNING; THENCE CONTINUING NORTH 02 DEGREES 14
MINUTES 14 SECONDS WEST, 10.10 FEET; THENCE NORTH 79 DEGREES
30 MINUTES 57 SECONDS EAST ALONG A LINE 15.00 FEET NORTH OF AND
PARALLEL WITH SAID SOUTHERLY LINE OF LOT 9, A DISTANCE OF 32.85
FEET; THENCE SOUTH 10 DEGREES 29 MINUTES 03 SECONDS EAST,
10.00 FEET; THENCE SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST
ALONG A LINE 5.00 FEET NORTH OF AND PARALLEL WITH SAID
SOUTHERLY LINE OF LOT 9, A DISTANCE OF 34.30 FEET TO THE PLACE
OF BEGINNING.
SAID PARCEL CONTAINING 0.008 ACRES (336 SQUARE FEET), MORE OR
LESS.
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0007
Station: 216+70.37 to 217+81.42
Index No.: 15-08-10-300-038
THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,
BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE
COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 9; THENCE NORTH
ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 175 FEET;
THENCE WESTERLY 110 FEET ON A LINE PARALLEL WITH THE SOUTH LINE
OF LOT 9 TO A POINT; THENCE SOUTH 175 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID LOT 9 THAT IS 110 FEET WESTERLY OF THE
SOUTHEAST CORNER OF SAID LOT 9; THENCE EASTERLY 110 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.013 ACRES, MORE OR LESS.
REVISION DATE: 06-30-2022
 
Route: C.H.64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0008
Station: 217+80.66 to 218+48.30
Index No.: 15-08-10-300-044
THAT PART OF LOT 32 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
0.9999586959 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32; THENCE NORTH
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
SAID LOT 32, A DISTANCE OF 5.06 FEET; THENCE NORTH 79 DEGREES
30 MINUTES 57 SECONDS EAST ALONG A LINE 5.00 FEET NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
66.85 FEET; THENCE SOUTH 01 DEGREES 34 MINUTES 09 SECONDS
EAST, 5.06 FEET TO THE SOUTH LINE OF SAID LOT 32; THENCE SOUTH
79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF
LOT 32, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF FRANCIS
ROAD, 66.85 FEET TO THE PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.008 ACRES (334 SQUARE FEET), MORE OR
LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0009
Station: 218+47.52 to 218+96.30
Index No.: 15-08-10-300-022
THE SOUTH 5.00 FEET OF THAT PART OF LOT 32 IN ARTHUR T.
MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,
ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE
PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
THE WEST 112.25 FEET, EXCEPT THE NORTH 300 FEET AND EXCEPT THE
WEST 62.25 FEET THEREOF, OF SAID LOT 32.
SAID PARCEL CONTAINING 0.006 ACRES (240 SQUARE FEET), MORE OR
LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0010
Station: 123+28.62 to 126+13.30
Index No.: 15-08-10-300-060
THAT PART OF LOTS 1 AND 2 IN ARTHUR T. MCINTOSH'S NEW LENOX
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH
88 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTH LINE OF
SAID LOT 1, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF LENOX
STREET, A DISTANCE OF 50.00 FEET; THENCE SOUTH 43 DEGREES 24
MINUTES 13 SECONDS WEST, 46.74 FEET; THENCE SOUTH 01 DEGREES
30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND
PARALLEL WITH THE WEST LINES OF SAID LOTS 1 AND 2, ALSO BEING
THE EAST RIGHT-OF-WAY LINE OF CEDAR ROAD, A DISTANCE OF 251.69
FEET TO THE SOUTH LINE OF LOT 2; THENCE SOUTH 88 DEGREES 19
MINUTES 08 SECONDS WEST ALONG SAID SOUTH LINE, 17.00 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 30
MINUTES 42 SECONDS WEST ALONG SAID WEST LINES OF LOTS 1 AND 2,
ALSO BEING SAID RIGHT-OF-WAY LINE, 284.69 FEET TO THE PLACE OF
BEGINNING.
SAID PARCEL CONTAINING 0.124 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0012
Station: 123+15.53 to 126+46.31
Index No.: 15-08-09-400-002
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959; DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
SECTION 9; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS EAST
ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 330.77 FEET TO
THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88
DEGREES 39 MINUTES 31 SECONDS WEST ALONG SAID SOUTH LINE OF THE
NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER, 55.00 FEET; THENCE NORTH 01 DEGREES 30
MINUTES 42 SECONDS WEST ALONG A LINE 55.00 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 165.39
FEET; THENCE NORTH 88 DEGREES 39 MINUTES 31 SECONDS EAST
PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH
HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 22.00
FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG
A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF
SAID SOUTHEAST QUARTER, 165.37 FEET TO THE NORTH LINE OF SAID
SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 32
SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,
33.00 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY,
ILLINOIS.
SAID PARCEL CONTAINING 0.333 ACRES, MORE OR LESS, OF WHICH
0.250 ACRES, MORE OR LESS, WAS PREVIOUSLY USED FOR ROADWAY
PURPOSES.
REVISION DATE: 05-26-2022
REVISION DATE: 06-30-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0012TE
Station: 124+80.92 to 126+46.32
Index No.: 15-08-09-400-002
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959; DESCRIBED AS FOLLOWS:
THE WEST 5.00 FEET OF THE EAST 38.00 FEET OF THE NORTH HALF OF
THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER (EXCEPT THE SOUTH 165.39 FEET THEREOF), IN WILL
COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0013TE
Station: 122+32.87 to 123+15.61
Index No.: 15-08-09-400-003
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959; DESCRIBED AS FOLLOWS:
THE WEST 10.00 FEET OF THE EAST 43.00 FEET OF THE NORTH QUARTER
OF THE SOUTH HALF OF THE NORTH HALF OF SAID NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0014TE
Station: 121+69.62 to 123+28.62
Index No.: 15-08-10-300-061
THE WEST 5.00 FEET OF LOT 3 IN ARTHUR T. MCINTOSH'S NEW LENOX
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959.
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0015TE
Station: 121+50.19 to 122+32.94
Index No.: 15-08-09-400-004
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959; DESCRIBED AS FOLLOWS:
THE NORTH 31.00 FEET OF THE WEST 25.00 FEET OF THE EAST 58.00
FEET TOGETHER WITH THE WEST 5.00 FEET OF THE EAST 38.00 FEET
(EXCEPT THE NORTH 31.00 FEET THEREOF) OF THE SOUTH HALF OF THE
NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF SAID
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, IN WILL COUNTY,
ILLINOIS.
SAID PARCEL CONTAINING 0.024 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0016TE
Station: 120+10.63 to 121+69.62
Index No.: 15-08-10-300-058
THE WEST 5.00 FEET OF LOT 4 IN ARTHUR T. MCINTOSH'S NEW LENOX
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959.
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0017TE
Station: 118+51.61 to 120+10.61
Index No.: 15-08-10-300-057
15-08-10-300-006
THE WEST 5.00 FEET OF LOT 5 IN ARTHUR T. MCINTOSH'S NEW LENOX
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959.
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0018TE
Station: 116+92.61 to 118+51.63
Index No.: 15-08-10-300-007
THE WEST 5.00 FEET OF LOT 6 IN ARTHUR T. MCINTOSH'S NEW LENOX
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0019TE
Station: 118+89.42 to 119+84.84
Index No.: 15-08-09-400-013
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959; DESCRIBED AS FOLLOWS:
THE NORTH 44.00 FEET OF THE WEST 20.00 FEET OF THE EAST 53.00
FEET TOGETHER WITH THE WEST 7.00 FEET OF THE EAST 40.00 FEET
(EXCEPT THE NORTH 44.00 FEET THEREOF) OF THE NORTH HALF OF THE
NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0020TE
Station: 116+54.05 to 118+89.42
Index No.: 15-08-09-400-010
15-08-09-400-011
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959; DESCRIBED AS FOLLOWS:
THE WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH HALF OF
THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 9; TOGETHER WITH THE
WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH 70 FEET OF
THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9,
ALL IN TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0021PE
Station: 114+33.61 to 114+36.66
Index No.: 15-08-10-300-011
THE SOUTH 3 FEET OF THE WEST 17 FEET OF THE NORTH 100 FEET OF
THE WEST 175 FEET OF LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959
SAID PARCEL CONTAINING 0.001 ACRES (51 SQUARE FEET), MORE OR
LESS.
REVISION DATE: 05-26-2022
 
Route: C.H.4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0021TE
Station: 114+36.61 to 115+33.63
Index No.: 15-08-10-300-011
THE WEST 5.00 FEET OF THE NORTH 97 FEET OF THE WEST 175 FEET OF
LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX ACRES, BEING A
SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 10 AND PART OF
THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JULY 16, 1927 AS DOCUMENT NUMBER 408969, IN
WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959
SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0022TE
Station: 202+31.49 to 203+55.08
Index No.: 15-08-09-405-002
THE NORTHERLY 5.00 FEET OF LOT 14 IN WILMSEN'S SUBDIVISION OF
LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.014 ACRES, MORE OR LESS.
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0023TE
Station: 203+54.27 to 204+77.86
Index No.: 15-08-09-405-003
THE NORTHERLY 10.00 FEET OF LOT 12 IN WILMSEN'S SUBDIVISION OF
LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0024TE
Station: 204+77.86 to 206+00.14
Index No.: 15-08-09-405-004
THE NORTHERLY 10.00 FEET OF LOT 10 IN WILMSEN'S SUBDIVISION OF
LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0025TE
Station: 206+00.14 to 207+53.71
Index No.: 15-08-09-405-009
THAT PART OF LOT 9 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF
ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND
PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS
DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
0.9999586959; DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH
01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
SAID LOT 9, A DISTANCE OF 10.13 FEET; THENCE SOUTH 79 DEGREES
17 MINUTES 03 SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 9, ALSO BEING THE
SOUTHERLY LINE OF FRANCIS ROAD, 64.43 FEET; THENCE SOUTH 10
DEGREES 42 MINUTES 57 SECONDS EAST, 5.00 FEET; THENCE SOUTH 79
DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET
SOUTH OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF FRANCIS
ROAD, 25.00 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
SECONDS WEST, 5.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03
SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH
THE SAID SOUTHERLY LINE OF FRANCIS ROAD, 62.53 FEET TO THE WEST
LINE OF SAID LOT 9; THENCE NORTH 01 DEGREES 30 MINUTES 42
SECONDS WEST ALONG SAID WEST LINE, 10.13 FEET TO SAID
NORTHERLY LINE OF LOT 9, ALSO BEING SAID SOUTHERLY LINE OF
FRANCIS ROAD; THENCE NORTH 79 DEGREES 17 MINUTES 03 SECONDS
EAST ALONG SAID SOUTHERLY LINE OF FRANCIS ROAD, 151.96 FEET TO
THE PLACE OF BEGINNING.
SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H. 4 Cedar Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0026TE
Station: 107+73.63 to 108+08.64
Index No.: 15-08-10-301-0073
THE NORTH 35 FEET OF THE SOUTH 55.25 FEET OF LOT 11 (EXCEPT THE
WEST 17 FEET THEREOF) IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
0.9999586959.
SAID PARCEL CONTAINING 0.004 ACRES (175 SQUARE FEET), MORE OR
LESS.
REVISION DATE: 05-26-2022
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0027TE
Station: 216+52.49 to 217+35.06
Index No.: 15-08-10-301-005
THE NORTHERLY 10.00 FEET OF THE EAST 80 FEET OF THE WEST 617
FEET OF LOT 10 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX
ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH,
AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969,
IN WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959.
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0028TE
Station: 217+33.45 to 218+43.47
Index No.: 15-08-10-301-067
THE NORTHERLY 10.00 FEET OF THE EAST 34.75 FEET OF LOT 10 AND
LOT 35 (EXCEPT THE EAST 270.03 FEET THEREOF) IN ARTHUR T.
MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,
ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE
PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
WITH A COMBINED FACTOR OF 0.9999586959.
SAID PARCEL CONTAINING 0.025 ACRES, MORE OR LESS.
REVISION DATE: 05-26-2022
 
Route: C.H. 64 Francis Road
Section: 20-00051-09-CH
County: Will
Parcel No: IL T0029TE
Station: 218+41.89 to 218+83.97
Index No.: 15-08-10-301-068
THE NORTHERLY 10.00 FEET OF THE WEST 40.00 FEET OF THE EAST
270.00 FEET OF LOT 35, AS MEASURED ALONG THE SOUTH LINE OF SAID
LOT 35, IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX ACRES, A
SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN
WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959.
SAID PARCEL CONTAINING 0.009 ACRES (405 SQUARE FEET), MORE OR
LESS.
REVISION DATE: 05-26-2022
REVISION DATE: 06-30-2022
    (b) This Section is repealed on June 9, 2026 (3 years after
the effective date of Public Act 103-10) this amendatory Act
of the 103rd General Assembly.
(Source: P.A. 103-10, eff. 6-9-23; revised 7-27-23.)
 
    Section 600. The Illinois False Claims Act is amended by
changing Section 6 as follows:
 
    (740 ILCS 175/6)  (from Ch. 127, par. 4106)
    Sec. 6. Subpoenas.
    (a) In general.
        (1) Issuance and service. Whenever the Attorney
    General has reason to believe that any person may be in
    possession, custody, or control of any documentary
    material or information relevant to an investigation, the
    Attorney General may, before commencing a civil proceeding
    under this Act or making an election under paragraph (4)
    of subsection (b) of Section 4, issue in writing and cause
    to be served upon such person, a subpoena requiring such
    person:
            (A) to produce such documentary material for
        inspection and copying,
            (B) to answer, in writing, written interrogatories
        with respect to such documentary material or
        information,
            (C) to give oral testimony concerning such
        documentary material or information, or
            (D) to furnish any combination of such material,
        answers, or testimony.
    The Attorney General may issue subpoenas under this
    subsection (a). Whenever a subpoena is an express demand
    for any product of discovery, the Attorney General shall
    cause to be served, in any manner authorized by this
    Section, a copy of such demand upon the person from whom
    the discovery was obtained and shall notify the person to
    whom such demand is issued of the date on which such copy
    was served. Any information obtained by the Attorney
    General under this Section may be shared with any qui tam
    relator if the Attorney General determines it necessary as
    part of any Illinois False Claims Act investigation.
        (1.5) Where a subpoena requires the production of
    documentary material, the respondent shall produce the
    original of the documentary material, provided, however,
    that the Attorney General may agree that copies may be
    substituted for the originals. All documentary material
    kept or stored in electronic form, including electronic
    mail, shall be produced in native format, as kept in the
    normal course of business, or as otherwise directed by the
    Attorney General. The production of documentary material
    shall be made at the respondent's expense.
        (2) Contents and deadlines. Each subpoena issued under
    paragraph (1):
            (A) Shall state the nature of the conduct
        constituting an alleged violation that is under
        investigation and the applicable provision of law
        alleged to be violated.
            (B) Shall identify the individual causing the
        subpoena to be served and to whom communications
        regarding the subpoena should be directed.
            (C) Shall state the date, place, and time at which
        the person is required to appear, produce written
        answers to interrogatories, produce documentary
        material or give oral testimony. The date shall not be
        less than 10 days from the date of service of the
        subpoena. Compliance with the subpoena shall be at the
        Office of the Attorney General in either the
        Springfield or Chicago location or at other location
        by agreement.
            (D) If the subpoena is for documentary material or
        interrogatories, shall describe the documents or
        information requested with specificity.
            (E) Shall notify the person of the right to be
        assisted by counsel.
            (F) Shall advise that the person has 20 days from
        the date of service or up until the return date
        specified in the demand, whichever date is earlier, to
        move, modify, or set aside the subpoena pursuant to
        subparagraph (j)(2)(A) of this Section.
    (b) Protected material or information.
        (1) In general. A subpoena issued under subsection (a)
    may not require the production of any documentary
    material, the submission of any answers to written
    interrogatories, or the giving of any oral testimony if
    such material, answers, or testimony would be protected
    from disclosure under:
            (A) the standards applicable to subpoenas or
        subpoenas duces tecum issued by a court of this State
        to aid in a grand jury investigation; or
            (B) the standards applicable to discovery requests
        under the Code of Civil Procedure, to the extent that
        the application of such standards to any such subpoena
        is appropriate and consistent with the provisions and
        purposes of this Section.
        (2) Effect on other orders, rules, and laws. Any such
    subpoena which is an express demand for any product of
    discovery supersedes any inconsistent order, rule, or
    provision of law (other than this Section) preventing or
    restraining disclosure of such product of discovery to any
    person. Disclosure of any product of discovery pursuant to
    any such subpoena does not constitute a waiver of any
    right or privilege which the person making such disclosure
    may be entitled to invoke to resist discovery of trial
    preparation materials.
    (c) Service in general. Any subpoena issued under
subsection (a) may be served by any person so authorized by the
Attorney General or by any person authorized to serve process
on individuals within Illinois, through any method prescribed
in the Code of Civil Procedure or as otherwise set forth in
this Act.
    (d) Service upon legal entities and natural persons.
        (1) Legal entities. Service of any subpoena issued
    under subsection (a) or of any petition filed under
    subsection (j) may be made upon a partnership,
    corporation, association, or other legal entity by:
            (A) delivering an executed copy of such subpoena
        or petition to any partner, executive officer,
        managing agent, general agent, or registered agent of
        the partnership, corporation, association, or entity;
            (B) delivering an executed copy of such subpoena
        or petition to the principal office or place of
        business of the partnership, corporation, association,
        or entity; or
            (C) depositing an executed copy of such subpoena
        or petition in the United States mails by registered
        or certified mail, with a return receipt requested,
        addressed to such partnership, corporation,
        association, or entity as its principal office or
        place of business.
        (2) Natural person. Service of any such subpoena or
    petition may be made upon any natural person by:
            (A) delivering an executed copy of such subpoena
        or petition to the person; or
            (B) depositing an executed copy of such subpoena
        or petition in the United States mails by registered
        or certified mail, with a return receipt requested,
        addressed to the person at the person's residence or
        principal office or place of business.
    (e) Proof of service. A verified return by the individual
serving any subpoena issued under subsection (a) or any
petition filed under subsection (j) setting forth the manner
of such service shall be proof of such service. In the case of
service by registered or certified mail, such return shall be
accompanied by the return post office receipt of delivery of
such subpoena.
    (f) Documentary material.
        (1) Sworn certificates. The production of documentary
    material in response to a subpoena served under this
    Section shall be made under a sworn certificate, in such
    form as the subpoena designates, by:
            (A) in the case of a natural person, the person to
        whom the subpoena is directed, or
            (B) in the case of a person other than a natural
        person, a person having knowledge of the facts and
        circumstances relating to such production and
        authorized to act on behalf of such person.
    The certificate shall state that all of the documentary
    material required by the demand and in the possession,
    custody, or control of the person to whom the subpoena is
    directed has been produced and made available to the
    Attorney General.
        (2) Production of materials. Any person upon whom any
    subpoena for the production of documentary material has
    been served under this Section shall make such material
    available for inspection and copying to the Attorney
    General at the place designated in the subpoena, or at
    such other place as the Attorney General and the person
    thereafter may agree and prescribe in writing, or as the
    court may direct under subsection (j)(1). Such material
    shall be made so available on the return date specified in
    such subpoena, or on such later date as the Attorney
    General may prescribe in writing. Such person may, upon
    written agreement between the person and the Attorney
    General, substitute copies for originals of all or any
    part of such material.
    (g) Interrogatories. Each interrogatory in a subpoena
served under this Section shall be answered separately and
fully in writing under oath and shall be submitted under a
sworn certificate, in such form as the subpoena designates by:
        (1) in the case of a natural person, the person to whom
    the subpoena is directed, or
        (2) in the case of a person other than a natural
    person, the person or persons responsible for answering
    each interrogatory.
If any interrogatory is objected to, the reasons for the
objection shall be stated in the certificate instead of an
answer. The certificate shall state that all information
required by the subpoena and in the possession, custody,
control, or knowledge of the person to whom the demand is
directed has been submitted. To the extent that any
information is not furnished, the information shall be
identified and reasons set forth with particularity regarding
the reasons why the information was not furnished.
    (h) Oral examinations.
        (1) Procedures. The examination of any person pursuant
    to a subpoena for oral testimony served under this Section
    shall be taken before an officer authorized to administer
    oaths and affirmations by the laws of this State or of the
    place where the examination is held. The officer before
    whom the testimony is to be taken shall put the witness on
    oath or affirmation and shall, personally or by someone
    acting under the direction of the officer and in the
    officer's presence, record the testimony of the witness.
    The testimony shall be taken stenographically and shall be
    transcribed. When the testimony is fully transcribed, the
    officer before whom the testimony is taken shall promptly
    transmit a certified copy of the transcript of the
    testimony in accordance with the instructions of the
    Attorney General. This subsection shall not preclude the
    taking of testimony by any means authorized by, and in a
    manner consistent with, the Code of Civil Procedure.
        (2) Persons present. The investigator conducting the
    examination shall exclude from the place where the
    examination is held all persons except the person giving
    the testimony, the attorney for and any other
    representative of the person giving the testimony, the
    attorney for the State, any person who may be agreed upon
    by the attorney for the State and the person giving the
    testimony, the officer before whom the testimony is to be
    taken, and any stenographer taking such testimony.
        (3) Where testimony taken. The oral testimony of any
    person taken pursuant to a subpoena served under this
    Section shall be taken in the county within which such
    person resides, is found, or transacts business, or in
    such other place as may be agreed upon by the Attorney
    General and such person.
        (4) Transcript of testimony. When the testimony is
    fully transcribed, the Attorney General or the officer
    before whom the testimony is taken shall afford the
    witness, who may be accompanied by counsel, a reasonable
    opportunity to review and correct the transcript, in
    accordance with the rules applicable to deposition
    witnesses in civil cases. Upon payment of reasonable
    charges, the Attorney General shall furnish a copy of the
    transcript to the witness, except that the Attorney
    General may, for good cause, limit the witness to
    inspection of the official transcript of the witness'
    testimony.
        (5) Conduct of oral testimony.
            (A) Any person compelled to appear for oral
        testimony under a subpoena issued under subsection (a)
        may be accompanied, represented, and advised by
        counsel, who may raise objections based on matters of
        privilege in accordance with the rules applicable to
        depositions in civil cases. If such person refuses to
        answer any question, a petition may be filed in
        circuit court under subsection (j)(1) for an order
        compelling such person to answer such question.
            (B) If such person refuses any question on the
        grounds of the privilege against self-incrimination,
        the testimony of such person may be compelled in
        accordance with Article 106 of the Code of Criminal
        Procedure of 1963.
        (6) Witness fees and allowances. Any person appearing
    for oral testimony under a subpoena issued under
    subsection (a) shall be entitled to the same fees and
    allowances which are paid to witnesses in the circuit
    court.
    (i) Custodians of documents, answers, and transcripts.
        (1) Designation. The Attorney General or his or her
    delegate shall serve as custodian of documentary material,
    answers to interrogatories, and transcripts of oral
    testimony received under this Section.
        (2) Except as otherwise provided in this Section, no
    documentary material, answers to interrogatories, or
    transcripts of oral testimony, or copies thereof, while in
    the possession of the custodian, shall be available for
    examination by any individual, except as determined
    necessary by the Attorney General and subject to the
    conditions imposed by him or her for effective enforcement
    of the laws of this State, or as otherwise provided by
    court order.
        (3) Conditions for return of material. If any
    documentary material has been produced by any person in
    the course of any investigation pursuant to a subpoena
    under this Section and:
            (A) any case or proceeding before the court or
        grand jury arising out of such investigation, or any
        proceeding before any State agency involving such
        material, has been completed, or
            (B) no case or proceeding in which such material
        may be used has been commenced within a reasonable
        time after completion of the examination and analysis
        of all documentary material and other information
        assembled in the course of such investigation,
    the custodian shall, upon written request of the person
    who produced such material, return to such person any such
    material which has not passed into the control of any
    court, grand jury, or agency through introduction into the
    record of such case or proceeding.
    (j) Judicial proceedings.
        (1) Petition for enforcement. Whenever any person
    fails to comply with any subpoena issued under subsection
    (a), or whenever satisfactory copying or reproduction of
    any material requested in such demand cannot be done and
    such person refuses to surrender such material, the
    Attorney General may file, in the circuit court of any
    county in which such person resides, is found, or
    transacts business, or the circuit court of the county in
    which an action filed pursuant to Section 4 of this Act is
    pending if the action relates to the subject matter of the
    subpoena and serve upon such person a petition for an
    order of such court for the enforcement of the subpoena.
        (2) Petition to modify or set aside subpoena.
            (A) Any person who has received a subpoena issued
        under subsection (a) may file, in the circuit court of
        any county within which such person resides, is found,
        or transacts business, and serve upon the Attorney
        General a petition for an order of the court to modify
        or set aside such subpoena. In the case of a petition
        addressed to an express demand for any product of
        discovery, a petition to modify or set aside such
        demand may be brought only in the circuit court of the
        county in which the proceeding in which such discovery
        was obtained is or was last pending. Any petition
        under this subparagraph (A) must be filed:
                (i) within 20 days after the date of service
            of the subpoena, or at any time before the return
            date specified in the subpoena, whichever date is
            earlier, or
                (ii) within such longer period as may be
            prescribed in writing by the Attorney General.
            (B) The petition shall specify each ground upon
        which the petitioner relies in seeking relief under
        subparagraph (A), and may be based upon any failure of
        the subpoena to comply with the provisions of this
        Section or upon any constitutional or other legal
        right or privilege of such person. During the pendency
        of the petition in the court, the court may stay, as it
        deems proper, the running of the time allowed for
        compliance with the subpoena, in whole or in part,
        except that the person filing the petition shall
        comply with any portion of the subpoena not sought to
        be modified or set aside.
        (3) Petition to modify or set aside demand for product
    of discovery. In the case of any subpoena issued under
    subsection (a) which is an express demand for any product
    of discovery, the person from whom such discovery was
    obtained may file, in the circuit court of the county in
    which the proceeding in which such discovery was obtained
    is or was last pending, a petition for an order of such
    court to modify or set aside those portions of the
    subpoena requiring production of any such product of
    discovery, subject to the same terms, conditions, and
    limitations set forth in subparagraph (j)(2) of this
    Section.
        (4) Jurisdiction. Whenever any petition is filed in
    any circuit court under this subsection (j), such court
    shall have jurisdiction to hear and determine the matter
    so presented, and to enter such orders as may be required
    to carry out the provisions of this Section. Any final
    order so entered shall be subject to appeal in the same
    manner as appeals of other final orders in civil matters.
    Any disobedience of any final order entered under this
    Section by any court shall be punished as a contempt of the
    court.
    (k) Disclosure exemption. Any documentary material,
answers to written interrogatories, or oral testimony provided
under any subpoena issued under subsection (a) shall be exempt
from disclosure under the Illinois Administrative Procedure
Act.
(Source: P.A. 103-145, eff. 10-1-23; revised 9-20-23.)
 
    Section 605. The Good Samaritan Act is amended by changing
Section 42 as follows:
 
    (745 ILCS 49/42)
    Sec. 42. Optometrists; exemption from civil liability for
emergency care. Any optometrist or any person licensed as an a
optometrist in any other state or territory of the United
States who in good faith provides emergency care without fee
to a victim of an accident at the scene of an accident shall
not, as a result of his or her acts or omissions, except
willful or wanton misconduct on the part of the person, in
providing the care, be liable for civil damages.
(Source: P.A. 90-413, eff. 1-1-98; revised 9-20-23.)
 
    Section 610. The Emancipation of Minors Act is amended by
changing Section 2 as follows:
 
    (750 ILCS 30/2)  (from Ch. 40, par. 2202)
    Sec. 2. Purpose and policy. The purpose of this Act is to
provide a means by which a mature minor who has demonstrated
the ability and capacity to manage the minor's own affairs and
to live wholly or partially independent of the minor's parents
or guardian, may obtain the legal status of an emancipated
person with power to enter into valid legal contracts.
    This Act is not intended to interfere with the integrity
of the family or the rights of parents and their children. No
order of complete or partial emancipation may be entered under
this Act if there is any objection by the minor. An order of
complete or partial emancipation may be entered under this Act
if there is an objection by the minor's parents or guardian
only if the court finds, in a hearing, that emancipation would
be in the minor's best interests. This Act does not limit or
exclude any other means either in statute or case law by which
a minor may become emancipated.
    (g) Beginning January 1, 2019, and annually thereafter
through January 1, 2024, the Department of Human Services
shall submit annual reports to the General Assembly regarding
homeless minors older than 16 years of age but less than 18
years of age referred to a youth transitional housing program
for whom parental consent to enter the program is not
obtained. The report shall include the following information:
        (1) the number of homeless minors referred to youth
    transitional housing programs;
        (2) the number of homeless minors who were referred
    but a licensed youth transitional housing program was not
    able to provide housing and services, and what subsequent
    steps, if any, were taken to ensure that the homeless
    minors were referred to an appropriate and available
    alternative placement;
        (3) the number of homeless minors who were referred
    but determined to be ineligible for a youth transitional
    housing program and the reason why the homeless minors
    were determined to be ineligible, and what subsequent
    steps, if any, were taken to ensure that the homeless
    minors were referred to an appropriate and available
    alternative placement; and
        (4) the number of homeless minors who voluntarily left
    the program and who were dismissed from the program while
    they were under the age of 18, and what subsequent steps,
    if any, were taken to ensure that the homeless minors were
    referred to an appropriate and available alternative
    placement.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
    Section 615. The Electric Vehicle Charging Act is amended
by changing Sections 15, 25, and 35 as follows:
 
    (765 ILCS 1085/15)
    Sec. 15. Definitions. As used in this Act:
    "Affordable housing development" means (i) any housing
that is subsidized by the federal or State government or (ii)
any housing in which at least 20% of the dwelling units are
subject to covenants or restrictions that require that the
dwelling units to be sold or rented at prices that preserve
them as affordable housing for a period of at least 10 years.
    "Association" has the meaning set forth in subsection (o)
of Section 2 of the Condominium Property Act or Section 1-5 of
the Common Interest Community Association Act, as applicable.
    "Electric vehicle" means a vehicle that is exclusively
powered by and refueled by electricity, plugs in to charge,
and is licensed to drive on public roadways. "Electric
vehicle" does not include electric mopeds, electric
off-highway vehicles, hybrid electric vehicles, or
extended-range electric vehicles that are equipped, fully or
partially, with conventional fueled propulsion or auxiliary
engines.
    "Electric vehicle charging system" means a device that is:
        (1) used to provide electricity to an electric
    vehicle;
        (2) designed to ensure that a safe connection has been
    made between the electric grid and the electric vehicle;
    and
        (3) able to communicate with the vehicle's control
    system so that electricity flows at an appropriate voltage
    and current level. An electric vehicle charging system may
    be wall mounted or pedestal style, may provide multiple
    cords to connect with electric vehicles, and shall:
            (i) be certified by Underwriters Laboratories or
        have been granted an equivalent certification; and
            (ii) comply with the current version of Article
        625 of the National Electrical Code.
    "Electric vehicle supply equipment" or "EVSE" means a
conductor, including an ungrounded, grounded, and equipment
grounding conductor, and electric vehicle connectors,
attachment plugs, and all other fittings, devices, power
outlets, and apparatuses installed specifically for the
purpose of transferring energy between the premises wiring and
the electric vehicle.
    "EV-capable" means parking spaces that have the electrical
panel capacity and conduit installed during construction to
support future implementation of electric vehicle charging
with 208-volt or 240-volt or greater, 40-ampere or greater
circuits. Each EV-capable space shall feature a continuous
raceway or cable assembly installed between an enclosure or
outlet located within 3 feet of the EV-capable space and a
suitable panelboard or other onsite electrical distribution
equipment. The electrical distribution equipment to which the
raceway or cable assembly connects shall have sufficient
dedicated space and spare electrical capacity for a 2-pole
circuit breaker or set of fuses. Reserved capacity shall be no
less than 40A 208/240V for each EV-capable space unless
EV-capable spaces will be controlled by an energy management
system providing load management in accordance with NFPA 70,
shall have a minimum capacity of 4.1 kilovolt-ampere per
space, or have a minimum capacity of 2.7 kilovolt-ampere per
space when all of the parking spaces are designed to be
EV-capable spaces, EV-ready spaces, or EVSE-installed spaces.
The electrical enclosure or outlet and the electrical
distribution equipment directory shall be marked "For future
electric vehicle supply equipment (EVSE)." This strategy
ensures the reduction of up-front costs for electric vehicle
charging station installation by providing the electrical
elements that are difficult to install during a retrofit.
Anticipating the use of dual-head EVSE, the same circuit may
be used to support charging in adjacent EV-capable spaces. For
purposes of this Act, "EV-capable" "EV capable" shall not be
construed to require a developer or builder to install or run
wire or cable from the electrical panel through the conduit or
raceway to the terminus of the conduit.
    "EV-ready" means parking spaces that are provided with a
branch circuit and either an outlet, junction box, or
receptacle that will support an installed EVSE. Each branch
circuit serving EV-ready spaces shall terminate at an outlet
or enclosure, located within 3 feet of each EV-ready space it
serves. The panelboard or other electrical distribution
equipment directory shall designate the branch circuit as "For
electric vehicle supply equipment (EVSE)" and the outlet or
enclosure shall be marked "For electric vehicle supply
equipment (EVSE)." The capacity of each branch circuit serving
multiple EV-ready spaces designed to be controlled by an
energy management system providing load management in
accordance with NFPA 70, shall have a minimum capacity of 4.1
kilovolt-ampere per space, or have a minimum capacity of 2.7
kilovolt-ampere per space when all of the parking spaces are
designed to be EV-capable spaces, EV-ready spaces, or EVSE
spaces.
    "EVSE-installed" means electric vehicle supply equipment
that is fully installed from the electrical panel to the
parking space.
    "Large multifamily residence" means a single residential
building that accommodates 5 families or more.
    "Level 1" means a 120-volt 20-ampere minimum branch
circuit.
    "Level 2" means a 208-volt to 240-volt 40-ampere branch
circuit.
    "New" means newly constructed.
    "Reasonable restriction" means a restriction that does not
significantly increase the cost of the electric vehicle
charging station or electric vehicle charging system or
significantly decrease its efficiency or specified
performance.
    "Single-family residence" means a detached single-family
residence on a single lot.
    "Small multifamily residence" means a single residential
building that accommodates 2 to 4 families.
(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
 
    (765 ILCS 1085/25)
    Sec. 25. Residential requirements.
    (a) All building permits issued 90 days after the
effective date of this Act shall require a new, large
multifamily residential building or a large multifamily
residential building being renovated by a developer converting
the property to an association to have 100% of its total
parking spaces EV-capable. However, nothing in this Act shall
be construed to require that in the case of a developer
converting the property to an association, no EV-capable or
EV-ready mandate shall apply if it would necessitate the
developer having to excavate an existing surface lot or other
parking facility in order to retrofit retro-fit the parking
lot or facility with the necessary conduit and wiring.
    (b) The following requirements and timelines shall apply
for affordable housing. A new construction single-family
residence or small multifamily residence that qualifies as an
affordable housing development under the same project
ownership and is located on a campus with centralized parking
areas is subject to the requirements and timelines below.
    All building permits issued 24 months after the effective
date of this Act shall require a new construction large
multifamily residence that qualifies as an affordable housing
development to have the following, unless additional
requirements are required under a subsequently adopted
building code:
        (1) For permits issued 24 months after the effective
    date of this Act, a minimum of 40% EV-capable parking
    spaces.
        (2) For permits issued 5 years after the effective
    date of this Act, a minimum of 50% EV-capable parking
    spaces.
        (3) For permits issued 10 years after the effective
    date of this Act, a minimum of 70% EV-capable parking
    spaces.
    (d) An accessible parking space is not required by this
Section if no accessible parking spaces are required by the
local zoning code.
(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
 
    (765 ILCS 1085/35)
    Sec. 35. Electric vehicle charging system policy for
renters.
    (a) Notwithstanding any provision in the lease to the
contrary and subject to subsection (b):
        (1) a tenant may install, at the tenant's expense for
    the tenant's own use, a level 1 receptacle or outlet, a
    level 2 receptacle or outlet, or a level 2 electric
    vehicle charging system on or in the leased premises;
        (2) a landlord shall not assess or charge a tenant any
    fee for the placement or use of an electric vehicle
    charging system, except that:
            (A) the landlord may:
                (i) require reimbursement for the actual cost
            of electricity provided by the landlord that was
            used by the electric vehicle charging system;
                (ii) charge a reasonable fee for access. If
            the electric vehicle charging system is part of a
            network for which a network fee is charged, the
            landlord's reimbursement may include the amount of
            the network fee. Nothing in this subparagraph
            requires a landlord to impose upon a tenant a fee
            or charge other than the rental payments specified
            in the lease; or
                (iii) charge a security deposit to cover costs
            to restore the property to its original condition
            if the tenant removes the electric vehicle
            charging system; .
            (B) the landlord may require reimbursement for the
        cost of the installation of the electric vehicle
        charging system, including any additions or upgrades
        to existing wiring directly attributable to the
        requirements of the electric vehicle charging system,
        if the landlord places or causes the electric vehicle
        charging system to be placed at the request of the
        tenant; and
            (C) if the tenant desires to place an electric
        vehicle charging system in an area accessible to other
        tenants, the landlord may assess or charge the tenant
        a reasonable fee to reserve a specific parking space
        in which to install the electric vehicle charging
        system.
    (b) A landlord may require a tenant to comply with:
        (1) bona fide safety requirements consistent with an
    applicable building code or recognized safety standard for
    the protection of persons and property;
        (2) a requirement that the electric vehicle charging
    system be registered with the landlord within 30 days
    after installation; or
        (3) reasonable aesthetic provisions that govern the
    dimensions, placement, or external appearance of an
    electric vehicle charging system.
    (c) A tenant may place an electric vehicle charging system
if:
        (1) the electric vehicle charging system is in
    compliance with all applicable requirements adopted by a
    landlord under subsection (b); and
        (2) the tenant agrees, in writing, to:
            (A) comply with the landlord's design
        specifications for the installation of an electric
        vehicle charging system;
            (B) engage the services of a duly licensed and
        registered electrical contractor familiar with the
        installation and code requirements of an electric
        vehicle charging system; and
            (C) provide, within 14 days after receiving the
        landlord's consent for the installation, a certificate
        of insurance naming the landlord as an additional
        insured party on the tenant's renter's insurance
        policy for any claim related to the installation,
        maintenance, or use of the electric vehicle charging
        system or, at the landlord's option, reimbursement to
        the landlord for the actual cost of any increased
        insurance premium amount attributable to the electric
        vehicle charging system, notwithstanding any provision
        to the contrary in the lease. The tenant shall provide
        reimbursement for an increased insurance premium
        amount within 14 days after the tenant receives the
        landlord's invoice for the amount attributable to the
        electric vehicle charging system.
    (d) If the landlord consents to a tenant's installation of
an electric vehicle charging system on property accessible to
other tenants, including a parking space, carport, or garage
stall, then, unless otherwise specified in a written agreement
with the landlord:
        (1) The tenant, and each successive tenant with
    exclusive rights to the area where the electric vehicle
    charging system is installed, is responsible for costs for
    damages to the electric vehicle charging system and to any
    other property of the landlord or another tenant resulting
    from the installation, maintenance, repair, removal, or
    replacement of the electric vehicle charging system.
            (A) Costs under this paragraph shall be based on:
                (i) an embedded submetering device; or
                (ii) a reasonable calculation of cost, based
            on the average miles driven, efficiency of the
            electric vehicle calculated by the United States
            Environmental Protection Agency, and the cost of
            electricity for the common area.
            (B) The purpose of the costs under this paragraph
        is for reasonable reimbursement of electricity usage
        and shall not be set to deliberately exceed that
        reasonable reimbursement.
        (2) Each successive tenant with exclusive rights to
    the area where the electric vehicle charging system is
    installed shall assume responsibility for the repair,
    maintenance, removal, and replacement of the electric
    vehicle charging system until the electric vehicle
    charging system is removed.
        (3) The tenant, and each successive tenant with
    exclusive rights to the area where the electric vehicle
    charging system is installed, shall, at all times, have
    and maintain an insurance policy covering the obligations
    of the tenant under this subsection and shall name the
    landlord as an additional insured party under the policy.
        (4) The tenant, and each successive tenant with
    exclusive rights to the area where the electric vehicle
    charging system is installed, is responsible for removing
    the system if reasonably necessary or convenient for the
    repair, maintenance, or replacement of any property of the
    landlord, whether or not leased to another tenant.
    (e) An electric vehicle charging system installed at the
tenant's cost is the property of the tenant. Upon termination
of the lease, if the electric vehicle charging system is
removable, the tenant may either remove it or sell it to the
landlord or another tenant for an agreed price. Nothing in
this subsection requires the landlord or another tenant to
purchase the electric vehicle charging system.
    (f) A landlord that willfully violates this Section shall
be liable to the tenant for actual damages, and shall pay a
civil penalty to the tenant in an amount not to exceed $1,000.
    (g) In any action by a tenant requesting to have an
electric vehicle charging system installed and seeking to
enforce compliance with this Section, the court shall award
reasonable attorney's fees to a prevailing plaintiff.
    (h) A tenant whose landlord is an owner in an association
and who desires to install an electric vehicle charging
station must obtain approval to do so through the tenant's
landlord or owner and in accordance with those provisions of
this Act applicable to associations.
(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
 
    Section 620. The Illinois Human Rights Act is amended by
changing Section 8-101 as follows:
 
    (775 ILCS 5/8-101)
    Sec. 8-101. Illinois Human Rights Commission.
    (A) Creation; appointments. The Human Rights Commission is
created to consist of 7 members appointed by the Governor with
the advice and consent of the Senate. No more than 4 members
shall be of the same political party. The Governor shall
designate one member as chairperson. All appointments shall be
in writing and filed with the Secretary of State as a public
record.
    (B) Terms. Of the members first appointed, 4 shall be
appointed for a term to expire on the third Monday of January,
2021, and 3 (including the Chairperson) shall be appointed for
a term to expire on the third Monday of January, 2023.
    Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Illinois
Human Rights Commission is abolished on January 19, 2019.
Incumbent members holding a position on the Commission that
was created by Public Act 84-115 and whose terms, if not for
Public Act 100-1066 this amendatory Act of the 100th General
Assembly, would have expired January 18, 2021 shall continue
to exercise all of the powers and be subject to all of the
duties of members of the Commission until June 30, 2019 or
until their respective successors are appointed and qualified,
whichever is earlier.
    Thereafter, each member shall serve for a term of 4 years
and until the member's successor is appointed and qualified;
except that any member chosen to fill a vacancy occurring
otherwise than by expiration of a term shall be appointed only
for the unexpired term of the member whom the member shall
succeed and until the member's successor is appointed and
qualified.
    (C) Vacancies.
        (1) In the case of vacancies on the Commission during
    a recess of the Senate, the Governor shall make a
    temporary appointment until the next meeting of the Senate
    when the Governor shall appoint a person to fill the
    vacancy. Any person so nominated and confirmed by the
    Senate shall hold office for the remainder of the term and
    until the person's successor is appointed and qualified.
        (2) If the Senate is not in session at the time this
    Act takes effect, the Governor shall make temporary
    appointments to the Commission as in the case of
    vacancies.
        (3) Vacancies in the Commission shall not impair the
    right of the remaining members to exercise all the powers
    of the Commission. Except when authorized by this Act to
    proceed through a 3 member panel, a majority of the
    members of the Commission then in office shall constitute
    a quorum.
    (D) Compensation. On and after January 19, 2019, the
Chairperson of the Commission shall be compensated at the rate
of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during the Chairperson's service
as Chairperson, and each other member shall be compensated at
the rate of $119,000 per year, or as set by the Compensation
Review Board, whichever is greater. In addition, all members
of the Commission shall be reimbursed for expenses actually
and necessarily incurred by them in the performance of their
duties.
    (E) Notwithstanding the general supervisory authority of
the Chairperson, each commissioner, unless appointed to the
special temporary panel created under subsection (H), has the
authority to hire and supervise a staff attorney. The staff
attorney shall report directly to the individual commissioner.
    (F) A formal training program for newly appointed
commissioners shall be implemented. The training program shall
include the following:
        (1) substantive and procedural aspects of the office
    of commissioner;
        (2) current issues in employment and housing
    discrimination and public accommodation law and practice;
        (3) orientation to each operational unit of the Human
    Rights Commission;
        (4) observation of experienced hearing officers and
    commissioners conducting hearings of cases, combined with
    the opportunity to discuss evidence presented and rulings
    made;
        (5) the use of hypothetical cases requiring the newly
    appointed commissioner to issue judgments as a means of
    evaluating knowledge and writing ability;
        (6) writing skills; and
        (7) professional and ethical standards.
    A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence. Each commissioner
shall complete 20 hours of training in the above-noted areas
during every 2 years the commissioner remains in office.
    (G) Commissioners must meet one of the following
qualifications:
        (1) licensed to practice law in the State of Illinois;
        (2) at least 3 years of experience as a hearing
    officer at the Human Rights Commission; or
        (3) at least 4 years of professional experience
    working for or dealing with individuals or corporations
    affected by this Act or similar laws in other
    jurisdictions, including, but not limited to, experience
    with a civil rights advocacy group, a fair housing group,
    a community organization, a trade association, a union, a
    law firm, a legal aid organization, an employer's human
    resources department, an employment discrimination
    consulting firm, a community affairs organization, or a
    municipal human relations agency.
    The Governor's appointment message, filed with the
Secretary of State and transmitted to the Senate, shall state
specifically how the experience of a nominee for commissioner
meets the requirement set forth in this subsection. The
Chairperson must have public or private sector management and
budget experience, as determined by the Governor.
    Each commissioner shall devote full time to the
commissioner's duties and any commissioner who is an attorney
shall not engage in the practice of law, nor shall any
commissioner hold any other office or position of profit under
the United States or this State or any municipal corporation
or political subdivision of this State, nor engage in any
other business, employment, or vocation.
    (H) (Blank).
(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
revised 12-15-23.)
 
    Section 622. The Business Corporation Act of 1983 is
amended by changing Section 1.80 as follows:
 
    (805 ILCS 5/1.80)  (from Ch. 32, par. 1.80)
    Sec. 1.80. Definitions. As used in this Act, unless the
context otherwise requires, the words and phrases defined in
this Section shall have the meanings set forth herein.
    (a) "Corporation" or "domestic corporation" means a
corporation subject to the provisions of this Act, except a
foreign corporation.
    (b) "Foreign corporation" means a corporation for profit
organized under laws other than the laws of this State, but
shall not include a banking corporation organized under the
laws of another state or of the United States, a foreign
banking corporation organized under the laws of a country
other than the United States and holding a certificate of
authority from the Commissioner of Banks and Real Estate
issued pursuant to the Foreign Banking Office Act, or a
banking corporation holding a license from the Commissioner of
Banks and Real Estate issued pursuant to the Foreign Bank
Representative Office Act.
    (c) "Articles of incorporation" means the original
articles of incorporation, including the articles of
incorporation of a new corporation set forth in the articles
of consolidation, and all amendments thereto, whether
evidenced by articles of amendment, articles of merger,
articles of exchange, statement of correction affecting
articles, resolution establishing series of shares or a
statement of cancellation under Section 9.05. Restated
articles of incorporation shall supersede the original
articles of incorporation and all amendments thereto prior to
the effective date of filing the articles of amendment
incorporating the restated articles of incorporation.
    (d) "Subscriber" means one who subscribes for shares in a
corporation, whether before or after incorporation.
    (e) "Incorporator" means one of the signers of the
original articles of incorporation.
    (f) "Shares" means the units into which the proprietary
interests in a corporation are divided.
    (g) "Shareholder" means one who is a holder of record of
shares in a corporation.
    (h) "Certificate" representing shares means a written
instrument executed by the proper corporate officers, as
required by Section 6.35 of this Act, evidencing the fact that
the person therein named is the holder of record of the share
or shares therein described. If the corporation is authorized
to issue uncertificated shares in accordance with Section 6.35
of this Act, any reference in this Act to shares represented by
a certificate shall also refer to uncertificated shares and
any reference to a certificate representing shares shall also
refer to the written notice in lieu of a certificate provided
for in Section 6.35.
    (i) "Authorized shares" means the aggregate number of
shares of all classes which the corporation is authorized to
issue.
    (j) "Paid-in capital" means the sum of the cash and other
consideration received, less expenses, including commissions,
paid or incurred by the corporation, in connection with the
issuance of shares, plus any cash and other consideration
contributed to the corporation by or on behalf of its
shareholders, plus amounts added or transferred to paid-in
capital by action of the board of directors or shareholders
pursuant to a share dividend, share split, or otherwise, minus
reductions as provided elsewhere in this Act. Irrespective of
the manner of designation thereof by the laws under which a
foreign corporation is or may be organized, paid-in capital of
a foreign corporation shall be determined on the same basis
and in the same manner as paid-in capital of a domestic
corporation, for the purpose of computing license fees,
franchise taxes and other charges imposed by this Act.
    (k) "Net assets", for the purpose of determining the right
of a corporation to purchase its own shares and of determining
the right of a corporation to declare and pay dividends and
make other distributions to shareholders is equal to the
difference between the assets of the corporation and the
liabilities of the corporation.
    (l) "Registered office" means that office maintained by
the corporation in this State, the address of which is on file
in the office of the Secretary of State, at which any process,
notice or demand required or permitted by law may be served
upon the registered agent of the corporation.
    (m) "Insolvent" means that a corporation is unable to pay
its debts as they become due in the usual course of its
business.
    (n) "Anniversary" means that day each year exactly one or
more years after:
        (1) the date of filing the articles of incorporation
    prescribed by Section 2.10 of this Act, in the case of a
    domestic corporation;
        (2) the date of filing the application for authority
    prescribed by Section 13.15 of this Act, in the case of a
    foreign corporation; or
        (3) the date of filing the articles of consolidation
    prescribed by Section 11.25 of this Act in the case of a
    consolidation, unless the plan of consolidation provides
    for a delayed effective date, pursuant to Section 11.40.
    (o) "Anniversary month" means the month in which the
anniversary of the corporation occurs.
    (p) "Extended filing month" means the month (if any) which
shall have been established in lieu of the corporation's
anniversary month in accordance with Section 14.01.
    (q) "Taxable year" means that 12-month 12 month period
commencing with the first day of the anniversary month of a
corporation through the last day of the month immediately
preceding the next occurrence of the anniversary month of the
corporation, except that in the case of a corporation that has
established an extended filing month "taxable year" means that
12-month 12 month period commencing with the first day of the
extended filing month through the last day of the month
immediately preceding the next occurrence of the extended
filing month.
    (r) "Fiscal year" means the 12-month 12 month period with
respect to which a corporation ordinarily files its federal
income tax return.
    (s) "Close corporation" means a corporation organized
under or electing to be subject to Article 2A of this Act, the
articles of incorporation of which contain the provisions
required by Section 2.10, and either the corporation's
articles of incorporation or an agreement entered into by all
of its shareholders provide that all of the issued shares of
each class shall be subject to one or more of the restrictions
on transfer set forth in Section 6.55 of this Act.
    (t) "Common shares" means shares which have no preference
over any other shares with respect to distribution of assets
on liquidation or with respect to payment of dividends.
    (u) "Delivered", for the purpose of determining if any
notice required by this Act is effective, means:
        (1) transferred or presented to someone in person; or
        (2) deposited in the United States Mail addressed to
    the person at his, her or its address as it appears on the
    records of the corporation, with sufficient first-class
    postage prepaid thereon.
    (v) "Property" means gross assets including, without
limitation, all real, personal, tangible, and intangible
property.
    (w) "Taxable period" means that 12-month period commencing
with the first day of the second month preceding the
corporation's anniversary month in the preceding year and
prior to the first day of the second month immediately
preceding its anniversary month in the current year, except
that, in the case of a corporation that has established an
extended filing month, "taxable period" means that 12-month
period ending with the last day of its fiscal year immediately
preceding the extended filing month. In the case of a newly
formed domestic corporation or a newly registered foreign
corporation that had not commenced transacting business in
this State prior to obtaining authority, "taxable period"
means that period commencing with the filing of the articles
of incorporation or, in the case of a foreign corporation, of
filing of the application for authority, and prior to the
first day of the second month immediately preceding its
anniversary month in the next succeeding year.
    (x) "Treasury shares" mean (1) shares of a corporation
that have been issued, have been subsequently acquired by and
belong to the corporation, and have not been cancelled or
restored to the status of authorized but unissued shares and
(2) shares (i) declared and paid as a share dividend on the
shares referred to in clause (1) or this clause (2), or (ii)
issued in a share split of the shares referred to in clause (1)
or this clause (2). Treasury shares shall be deemed to be
"issued" shares but not "outstanding" shares. Treasury shares
may not be voted, directly or indirectly, at any meeting or
otherwise. Shares converted into or exchanged for other shares
of the corporation shall not be deemed to be treasury shares.
    (y) "Gross amount of business" means gross receipts, from
whatever source derived.
    (z) "Open data" means data that is expressed in a
machine-readable form and that is made freely available to the
public under an open license, without registration
requirement, and without any other restrictions that would
impede its use or reuse.
(Source: P.A. 102-49, eff. 1-1-22; revised 1-20-24.)
 
    Section 625. The General Not For Profit Corporation Act of
1986 is amended by changing Section 103.05 as follows:
 
    (805 ILCS 105/103.05)  (from Ch. 32, par. 103.05)
    Sec. 103.05. Purposes and authority of corporations;
particular purposes; exemptions.
    (a) Not-for-profit corporations may be organized under
this Act for any one or more of the following or similar
purposes:
        (1) Charitable.
        (2) Benevolent.
        (3) Eleemosynary.
        (4) Educational.
        (5) Civic.
        (6) Patriotic.
        (7) Political.
        (8) Religious.
        (9) Social.
        (10) Literary.
        (11) Athletic.
        (12) Scientific.
        (13) Research.
        (14) Agricultural.
        (15) Horticultural.
        (16) Soil improvement.
        (17) Crop improvement.
        (18) Livestock or poultry improvement.
        (19) Professional, commercial, industrial, or trade
    association.
        (20) Promoting the development, establishment, or
    expansion of industries.
        (21) Electrification on a cooperative basis.
        (22) Telephone service on a mutual or cooperative
    basis.
        (23) Ownership and operation of water supply
    facilities for drinking and general domestic use on a
    mutual or cooperative basis.
        (24) Ownership or administration of residential
    property on a cooperative basis.
        (25) Administration and operation of property owned on
    a condominium basis or by a homeowner association.
        (26) Administration and operation of an organization
    on a cooperative basis producing or furnishing goods,
    services, or facilities primarily for the benefit of its
    members who are consumers of those goods, services, or
    facilities.
        (27) Operation of a community mental health board or
    center organized pursuant to the Community Mental Health
    Act for the purpose of providing direct patient services.
        (28) Provision of debt management services as
    authorized by the Debt Management Service Act.
        (29) Promotion, operation, and administration of a
    ridesharing arrangement as defined in Section 1-176.1 of
    the Illinois Vehicle Code.
        (30) The administration and operation of an
    organization for the purpose of assisting low-income
    consumers in the acquisition of utility and telephone
    services.
        (31) Any purpose permitted to be exempt from taxation
    under Sections 501(c) or 501(d) of the United States
    Internal Revenue Code, as now in or hereafter amended.
        (32) Any purpose that would qualify for tax-deductible
    gifts under the Section 170(c) of the United States
    Internal Revenue Code, as now or hereafter amended. Any
    such purpose is deemed to be charitable under subsection
    (a)(1) of this Section.
        (33) Furnishing of natural gas on a cooperative basis.
        (34) Ownership and operation of agriculture-based
    biogas (anaerobic digester) systems on a cooperative basis
    including the marketing and sale of products produced from
    these, including, but not limited to, methane gas,
    electricity, and compost.
        (35) Ownership and operation of a hemophilia program,
    including comprehensive hemophilia diagnostic treatment
    centers, under Section 501(a)(2) of the Social Security
    Act. The hemophilia program may employ physicians, other
    health care professionals, and staff. The program and the
    corporate board may not exercise control over, direct, or
    interfere with a physician's exercise and execution of his
    or her professional judgment in the provision of care or
    treatment.
        (36) Engineering for conservation services associated
    with wetland restoration or mitigation, flood mitigation,
    groundwater recharge, and natural infrastructure.
    Non-profit engineering for conservation services may not
    be procured by qualifications based selection criteria for
    contracts with the Department of Transportation, the
    Illinois State Toll Highway Authority, or Cook County,
    except as a subcontractor or subconsultant.
    (b) A corporation may be organized hereunder to serve in
an area that adjoins or borders (except for any intervening
natural watercourse) an area located in an adjoining state
intended to be similarly served, and the corporation may join
any corporation created by the adjoining state having an
identical purpose and organized as a not-for-profit
corporation. Whenever any corporation organized under this Act
so joins with a foreign corporation having an identical
purpose, the corporation shall be permitted to do business in
Illinois as one corporation; provided (1) that the name, bylaw
provisions, officers, and directors of each corporation are
identical, (2) that the foreign corporation complies with the
provisions of this Act relating to the admission of foreign
corporation, and (3) that the Illinois corporation files a
statement with the Secretary of State indicating that it has
joined with a foreign corporation setting forth the name
thereof and the state of its incorporation.
(Source: P.A. 103-66, eff. 6-9-23; revised 9-21-23.)
 
    Section 630. The Consumer Fraud and Deceptive Business
Practices Act is amended by setting forth, renumbering, and
changing multiple versions of Section 2BBBB as follows:
 
    (815 ILCS 505/2BBBB)
    Sec. 2BBBB. Deceptive practices related to limited
services pregnancy centers.
    (a) As used in this Section:
    "Abortion" means the use of any instrument, medicine,
drug, or any other substance or device to terminate the
pregnancy of an individual known to be pregnant with an
intention other than to increase the probability of a live
birth, to preserve the life or health of the child after live
birth, or to remove a dead fetus, as defined in Section 1-10 of
the Reproductive Health Act.
    "Affiliates" has the meaning given to the term "hospital
affiliate" as defined in subsection (b) of Section 10.8 of the
Hospital Licensing Act.
    "Emergency contraception" means one or more prescription
drugs (i) used separately or in combination for the purpose of
preventing pregnancy, (ii) administered to or
self-administered by a patient within a medically recommended
amount of time after sexual intercourse, and (iii) dispensed
for such purpose in accordance with professional standards of
practice.
    "Limited services pregnancy center" means an organization
or facility, including a mobile facility, that:
        (1) does not directly provide abortions or provide or
    prescribe emergency contraception, or provide referrals
    for abortions or emergency contraception, and has no
    affiliation with any organization or provider who provides
    abortions or provides or prescribes emergency
    contraception; and
        (2) has a primary purpose to offer or provide
    pregnancy-related services to an individual who is or has
    reason to believe the individual may be pregnant, whether
    or not a fee is charged for such services.
"Limited services pregnancy center" does not include:
        (1) a health care professional licensed by the
    Department of Financial and Professional Regulation;
        (2) a hospital licensed under the Hospital Licensing
    Act and its affiliates; or
        (3) a hospital licensed under the University of
    Illinois Hospital Act and its affiliates.
"Limited services pregnancy center" includes an organization
or facility that has employees, volunteers, or agents who are
health care professionals licensed by the Department of
Financial and Professional Regulation.
    "Pregnancy-related services" means any medical service, or
health counseling service, related to the prevention,
preservation, or termination of pregnancy, including, but not
limited to, contraception and contraceptive counseling,
pregnancy testing, pregnancy diagnosis, pregnancy options
counseling, limited obstetric ultrasound, obstetric
ultrasound, obstetric sonogram, sexually transmitted
infections testing, and prenatal care.
    (b) A limited services pregnancy center shall not engage
in unfair methods of competition or unfair or deceptive acts
or practices, including the use or employment of any
deception, fraud, false pretense, false promise, or
misrepresentation, or the concealment, suppression, or
omission of any material fact, with the intent that others
rely upon the concealment, suppression, or omission of such
material fact:
        (1) to interfere with or prevent an individual from
    seeking to gain entry or access to a provider of abortion
    or emergency contraception;
        (2) to induce an individual to enter or access the
    limited services pregnancy center;
        (3) in advertising, soliciting, or otherwise offering
    pregnancy-related services; or
        (4) in conducting, providing, or performing
    pregnancy-related services.
    (c) A violation of this Section constitutes a violation of
this Act.
(Source: P.A. 103-270, eff. 7-27-23.)
 
    (815 ILCS 505/2CCCC)
    Sec. 2CCCC 2BBBB. Violations of the Vision Care Plan
Regulation Act. Any person who violates the Vision Care Plan
Regulation Act commits an unlawful practice within the meaning
of this Act.
(Source: P.A. 103-482, eff. 8-4-23; revised 9-26-23.)
 
    (815 ILCS 505/2DDDD)
    Sec. 2DDDD 2BBBB. Sale and marketing of firearms.
    (a) As used in this Section:
    "Firearm" has the meaning set forth in Section 1.1 of the
Firearm Owners Identification Card Act.
    "Firearm accessory" means an attachment or device designed
or adapted to be inserted into, affixed onto, or used in
conjunction with a firearm that is designed, intended, or
functions to alter or enhance (i) the firing capabilities of a
firearm, frame, or receiver, (ii) the lethality of the
firearm, or (iii) a shooter's ability to hold and use a
firearm.
    "Firearm ammunition" has the meaning set forth in Section
1.1 of the Firearm Owners Identification Card Act.
    "Firearm industry member" means a person, firm,
corporation, company, partnership, society, joint stock
company, or any other entity or association engaged in the
design, manufacture, distribution, importation, marketing,
wholesale, or retail sale of firearm-related products,
including sales by mail, telephone, or Internet or in-person
sales.
    "Firearm-related product" means a firearm, firearm
ammunition, a firearm precursor part, a firearm component, or
a firearm accessory that meets any of the following
conditions:
        (1) the item is sold, made, or distributed in
    Illinois;
        (2) the item is intended to be sold or distributed in
    Illinois; or
        (3) the item is or was possessed in Illinois, and it
    was reasonably foreseeable that the item would be
    possessed in Illinois.
    "Straw purchaser" means a person who (i) knowingly
purchases or attempts to purchase a firearm-related product
with intent to deliver that firearm-related product to another
person who is prohibited by federal or State law from
possessing a firearm-related product or (ii) intentionally
provides false or misleading information on a Bureau of
Alcohol, Tobacco, Firearms and Explosives firearms transaction
record form to purchase a firearm-related product with the
intent to deliver that firearm-related product to another
person.
    "Unlawful paramilitary or private militia" means a group
of armed individuals, organized privately, in violation of the
Military Code of Illinois and Section 2 of Article XII of the
Illinois Constitution.
    (b) It is an unlawful practice within the meaning of this
Act for any firearm industry member, through the sale,
manufacturing, importing, or marketing of a firearm-related
product, to do any of the following:
        (1) Knowingly create, maintain, or contribute to a
    condition in Illinois that endangers the safety or health
    of the public by conduct either unlawful in itself or
    unreasonable under all circumstances, including failing to
    establish or utilize reasonable controls. Reasonable
    controls include reasonable procedures, safeguards, and
    business practices that are designed to:
            (A) prevent the sale or distribution of a
        firearm-related product to a straw purchaser, a person
        prohibited by law from possessing a firearm, or a
        person who the firearm industry member has reasonable
        cause to believe is at substantial risk of using a
        firearm-related product to harm themselves or another
        individual or of possessing or using a firearm-related
        product unlawfully;
            (B) prevent the loss or theft of a firearm-related
        product from the firearm industry member; or
            (C) comply with all provisions of applicable
        local, State, and federal law, and do not otherwise
        promote the unlawful manufacture, sale, possession,
        marketing, or use of a firearm-related product.
        (2) Advertise, market, or promote a firearm-related
    product in a manner that reasonably appears to support,
    recommend, or encourage individuals to engage in unlawful
    paramilitary or private militia activity in Illinois, or
    individuals who are not in the National Guard, United
    States armed forces reserves, United States armed forces,
    or any duly authorized military organization to use a
    firearm-related product for a military-related purpose in
    Illinois.
        (3) Except as otherwise provided, advertise, market,
    promote, design, or sell any firearm-related product in a
    manner that reasonably appears to support, recommend, or
    encourage persons under 18 years of age to unlawfully
    purchase or possess or use a firearm-related product in
    Illinois.
            (A) In determining whether the conduct of a
        firearm industry member, as described in this
        paragraph, reasonably appears to support, recommend,
        or encourage persons under 18 years of age to
        unlawfully purchase a firearm-related product, a court
        shall consider the totality of the circumstances,
        including, but not limited to, whether the marketing,
        advertising promotion, design, or sale:
                (i) uses caricatures that reasonably appear to
            be minors or cartoon characters;
                (ii) offers brand name merchandise for minors,
            including, but not limited to, clothing, toys,
            games, or stuffed animals, that promotes a firearm
            industry member or firearm-related product;
                (iii) offers firearm-related products in
            sizes, colors, or designs that are specifically
            designed to be used by, or appeal to, minors;
                (iv) is part of a marketing, advertising, or
            promotion campaign designed with the intent to
            appeal to minors;
                (v) uses images or depictions of minors in
            advertising or marketing, or promotion materials,
            to depict the use of firearm-related products; or
                (vi) is placed in a publication created for
            the purpose of reaching an audience that is
            predominantly composed of minors and not intended
            for a more general audience composed of adults.
            (B) This paragraph does not apply to
        communications or promotional materials regarding
        lawful recreational activity with a firearm, such as,
        but not limited to, practice shooting at targets on
        established public or private target ranges or
        hunting, trapping, or fishing in accordance with the
        Wildlife Code or the Fish and Aquatic Life Code.
        (4) Otherwise engage in unfair methods of competition
    or unfair or deceptive acts or practices declared unlawful
    under Section 2 of this Act.
    (c) Paragraphs (2), (3), and (4) of subsection (b) are
declarative of existing law and shall not be construed as new
enactments. The provisions of these paragraphs shall apply to
all actions commenced or pending on or after August 14, 2023
(the effective date of Public Act 103-559) this amendatory Act
of the 103rd General Assembly.
    (d) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 103-559, eff. 8-14-23; revised 9-26-23.)
 
    Section 635. The Minimum Wage Law is amended by changing
Section 12 as follows:
 
    (820 ILCS 105/12)
    Sec. 12. (a) If any employee is paid by his or her employer
less than the wage to which he or she is entitled under the
provisions of this Act, the employee may recover in a civil
action treble the amount of any such underpayments together
with costs and such reasonable attorney's fees as may be
allowed by the Court, and damages of 5% of the amount of any
such underpayments for each month following the date of
payment during which such underpayments remain unpaid. Any
agreement between the employee and the employer to work for
less than such wage is no defense to such action. At the
request of the employee or on motion of the Director of Labor,
the Department of Labor may make an assignment of such wage
claim in trust for the assigning employee and may bring any
legal action necessary to collect such claim, and the employer
shall be required to pay the costs incurred in collecting such
claim. Every such action shall be brought within 3 years from
the date of the underpayment. Such employer shall be liable to
the Department of Labor for a penalty in an amount of up to 20%
of the total employer's underpayment where the employer's
conduct is proven by a preponderance of the evidence to be
willful, repeated, or with reckless disregard of this Act or
any rule adopted under this Act. Such employer shall be liable
to the Department for an additional penalty of $1,500. All
administrative penalties ordered under this Act shall be paid
by certified check, money order, or by an electronic payment
system designated by the Department for such purposes, and
shall be made payable to or deposited into the Department's
Wage Theft Enforcement Fund. Such employer shall be
additionally liable to the employee for damages in the amount
of 5% of the amount of any such underpayments for each month
following the date of payment during which such underpayments
remain unpaid. These penalties and damages may be recovered in
a civil action brought by the Director of Labor in any circuit
court. In any such action, the Director of Labor shall be
represented by the Attorney General.
    If an employee collects damages of 5% of the amount of
underpayments as a result of an action brought by the Director
of Labor, the employee may not also collect those damages in a
private action brought by the employee for the same violation.
If an employee collects damages of 5% of the amount of
underpayments in a private action brought by the employee, the
employee may not also collect those damages as a result of an
action brought by the Director of Labor for the same
violation.
    (b) If an employee has not collected damages under
subsection (a) for the same violation, the Director is
authorized to supervise the payment of the unpaid minimum
wages and the unpaid overtime compensation owing to any
employee or employees under Sections 4 and 4a of this Act and
may bring any legal action necessary to recover the amount of
the unpaid minimum wages and unpaid overtime compensation and
an equal additional amount as damages, and the employer shall
be required to pay the costs incurred in collecting such
claim. Such employer shall be additionally liable to the
Department of Labor for up to 20% of the total employer's
underpayment where the employer's conduct is proven by a
preponderance of the evidence to be willful, repeated, or with
reckless disregard of this Act or any rule adopted under this
Act. Such employer shall be liable to the Department of Labor
for an additional penalty of $1,500, payable to the
Department's Wage Theft Enforcement Fund. The action shall be
brought within 5 years from the date of the failure to pay the
wages or compensation. Any sums thus recovered by the Director
on behalf of an employee pursuant to this subsection shall be
deposited into the Department of Labor Special State Trust
Fund, from which the Department shall disburse the sums owed
to the employee or employees. The Department shall conduct a
good faith search to find all employees for whom it has
recovered unpaid minimum wages or unpaid overtime
compensation. All disbursements authorized under this Section
shall be made by certified check, money order, or an
electronic payment system designated by the Department.
    (c) The Department shall hold any moneys due to employees
that it is unable to locate in the Department of Labor Special
State Trust Fund for no less than 3 years after the moneys were
collected.
    Beginning November 1, 2023, or as soon as is practical,
and each November 1 thereafter, the Department shall report
any moneys due to employees who cannot be located and that have
been held by the Department in the Department of Labor Special
State Trust Fund for 3 or more years and moneys due to
employees who are deceased to the State Treasurer as required
by the Revised Uniform Unclaimed Property Act. The Department
shall not be required to provide the notice required under
Section 15-501 of the Revised Uniform Unclaimed Property Act.
    Beginning July 1, 2023, or as soon as is practical, and
each July 1 thereafter, the Department shall direct the State
Comptroller and State Treasurer to transfer from the
Department of Labor Special State Trust Fund the balance of
the moneys due to employees who cannot be located and that have
been held by the Department in the Department of Labor Special
State Trust Fund for 3 or more years and moneys due to
employees who are deceased as follows: (i) 15% to the Wage
Theft Enforcement Fund and (ii) 85% to the Unclaimed Property
Trust Fund.
    The Department may use moneys in the Wage Theft
Enforcement Fund for the purposes described in Section 14 of
the Illinois Wage Payment and Collection Act.
    (d) The Department may adopt rules to implement and
administer this Section.
(Source: P.A. 103-182, eff. 6-30-23; 103-201, eff. 1-1-24;
revised 12-15-23.)
 
    Section 640. The Equal Pay Act of 2003 is amended by
changing Section 30 as follows:
 
    (820 ILCS 112/30)
    (Text of Section before amendment by P.A. 103-539)
    Sec. 30. Violations; fines and penalties.
    (a) If an employee is paid by his or her employer less than
the wage to which he or she is entitled in violation of Section
10 or 11 of this Act, the employee may recover in a civil
action the entire amount of any underpayment together with
interest, compensatory damages if the employee demonstrates
that the employer acted with malice or reckless indifference,
punitive damages as may be appropriate, injunctive relief as
may be appropriate, and the costs and reasonable attorney's
fees as may be allowed by the court and as necessary to make
the employee whole. At the request of the employee or on a
motion of the Director, the Department may make an assignment
of the wage claim in trust for the assigning employee and may
bring any legal action necessary to collect the claim, and the
employer shall be required to pay the costs incurred in
collecting the claim. Every such action shall be brought
within 5 years from the date of the underpayment. For purposes
of this Act, "date of the underpayment" means each time wages
are underpaid.
    (a-5) If an employer violates subsection (b), (b-5),
(b-10), or (b-20) of Section 10, the employee may recover in a
civil action any damages incurred, special damages not to
exceed $10,000, injunctive relief as may be appropriate, and
costs and reasonable attorney's fees as may be allowed by the
court and as necessary to make the employee whole. If special
damages are available, an employee may recover compensatory
damages only to the extent such damages exceed the amount of
special damages. Such action shall be brought within 5 years
from the date of the violation.
    (b) The Director is authorized to supervise the payment of
the unpaid wages under subsection (a) or damages under
subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
to any employee or employees under this Act and may bring any
legal action necessary to recover the amount of unpaid wages,
damages, and penalties or to seek injunctive relief, and the
employer shall be required to pay the costs. Any sums
recovered by the Director on behalf of an employee under this
Section shall be paid to the employee or employees affected.
    (c) Employers who violate any provision of this Act or any
rule adopted under the Act are subject to a civil penalty,
payable to the Department, for each employee affected as
follows:
        (1) An employer with fewer than 4 employees: first
    offense, a fine not to exceed $500; second offense, a fine
    not to exceed $2,500; third or subsequent offense, a fine
    not to exceed $5,000.
        (2) An employer with between 4 and 99 employees: first
    offense, a fine not to exceed $2,500; second offense, a
    fine not to exceed $3,000; third or subsequent offense, a
    fine not to exceed $5,000.
        (3) An employer with 100 or more employees who
    violates any Section of this Act except for Section 11
    shall be fined up to $10,000 per employee affected. An
    employer with 100 or more employees that is a business as
    defined under Section 11 and commits a violation of
    Section 11 shall be fined up to $10,000.
    Before any imposition of a penalty under this subsection,
an employer with 100 or more employees who violates item (b) of
Section 11 and inadvertently fails to file an initial
application or recertification shall be provided 30 calendar
days by the Department to submit the application or
recertification.
    An employer or person who violates subsection (b), (b-5),
(b-10), (b-20), or (c) of Section 10 is subject to a civil
penalty not to exceed $5,000 for each violation for each
employee affected, payable to the Department.
    (d) In determining the amount of the penalty, the
appropriateness of the penalty to the size of the business of
the employer charged and the gravity of the violation shall be
considered. The penalty may be recovered in a civil action
brought by the Director in any circuit court.
(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24.)
 
    (Text of Section after amendment by P.A. 103-539)
    Sec. 30. Violations; fines and penalties.
    (a) If an employee is paid by his or her employer less than
the wage to which he or she is entitled in violation of Section
10 or 11 of this Act, the employee may recover in a civil
action the entire amount of any underpayment together with
interest, compensatory damages if the employee demonstrates
that the employer acted with malice or reckless indifference,
punitive damages as may be appropriate, injunctive relief as
may be appropriate, and the costs and reasonable attorney's
fees as may be allowed by the court and as necessary to make
the employee whole. At the request of the employee or on a
motion of the Director, the Department may make an assignment
of the wage claim in trust for the assigning employee and may
bring any legal action necessary to collect the claim, and the
employer shall be required to pay the costs incurred in
collecting the claim. Every such action shall be brought
within 5 years from the date of the underpayment. For purposes
of this Act, "date of the underpayment" means each time wages
are underpaid.
    (a-5) If an employer violates subsection (b), (b-5),
(b-10), or (b-20) of Section 10, the employee may recover in a
civil action any damages incurred, special damages not to
exceed $10,000, injunctive relief as may be appropriate, and
costs and reasonable attorney's fees as may be allowed by the
court and as necessary to make the employee whole. If special
damages are available, an employee may recover compensatory
damages only to the extent such damages exceed the amount of
special damages. Such action shall be brought within 5 years
from the date of the violation.
    (b) The Director is authorized to supervise the payment of
the unpaid wages under subsection (a) or damages under
subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
to any employee or employees under this Act and may bring any
legal action necessary to recover the amount of unpaid wages,
damages, and penalties or to seek injunctive relief, and the
employer shall be required to pay the costs. Any sums
recovered by the Director on behalf of an employee under this
Section shall be paid to the employee or employees affected.
    (c) Employers who violate any provision of this Act or any
rule adopted under the Act, except for a violation of
subsection (b-25) of Section 10, are subject to a civil
penalty, payable to the Department, for each employee affected
as follows:
        (1) An employer with fewer than 4 employees: first
    offense, a fine not to exceed $500; second offense, a fine
    not to exceed $2,500; third or subsequent offense, a fine
    not to exceed $5,000.
        (2) An employer with between 4 and 99 employees: first
    offense, a fine not to exceed $2,500; second offense, a
    fine not to exceed $3,000; third or subsequent offense, a
    fine not to exceed $5,000.
        (3) An employer with 100 or more employees who
    violates any Section of this Act except for Section 11
    shall be fined up to $10,000 per employee affected. An
    employer with 100 or more employees that is a business as
    defined under Section 11 and commits a violation of
    Section 11 shall be fined up to $10,000.
    Before any imposition of a penalty under this subsection,
an employer with 100 or more employees who violates item (b) of
Section 11 and inadvertently fails to file an initial
application or recertification shall be provided 30 calendar
days by the Department to submit the application or
recertification.
    An employer or person who violates subsection (b), (b-5),
(b-10), (b-20), or (c) of Section 10 is subject to a civil
penalty not to exceed $5,000 for each violation for each
employee affected, payable to the Department.
    (c-5) The Department may initiate investigations of
alleged violations of subsection (b-25) of Section 10 upon
receiving a complaint from any person that claims to be
aggrieved by a violation of that subsection or at the
Department's discretion. Any person that claims to be
aggrieved by a violation of subsection (b-25) of Section 10
may submit a complaint of an alleged violation of that
subsection to the Department within one year after the date of
the violation. If the Department has determined that a
violation has occurred, it shall issue to the employer a
notice setting forth the violation, the applicable penalty as
described in subsections (c-10) and (c-15), and the period to
cure the violation as described in subsection (c-10).
    (c-7) A job posting found to be in violation of subsection
(b-25) of Section 10 shall be considered as one violating job
posting regardless of the number of duplicative postings that
list the job opening.
    (c-10) The penalties for a job posting or batch of
postings that are active at the time the Department issues a
notice of violation for violating subsection (b-25) of Section
10 are as follows:
        (1) For a first offense, following a cure period of 14
    days to remedy the violation, a fine not to exceed $500 at
    the discretion of the Department. A first offense may be
    either a single job posting that violates subsection
    (b-25) of Section 10 or multiple job postings that violate
    subsection (b-25) of Section 10 and are identified at the
    same time by the Department. The Department shall have
    discretion to waive any civil penalty under this
    paragraph.
        (2) For a second offense, following a cure period of 7
    days to remedy the violation, a fine not to exceed $2,500
    at the discretion of the Department. A second offense is a
    single job posting that violates subsection (b-25) of
    Section 10. The Department shall have discretion to waive
    any civil penalty under this paragraph.
        (3) For a third or subsequent offense, no cure period,
    a fine not to exceed $10,000 at the discretion of the
    Department. A third or subsequent offense is a single job
    posting that violates subsection (b-25) of Section 10. The
    Department shall have discretion to waive any civil
    penalty under this paragraph. If a company has had a third
    offense, it shall incur automatic penalties without a cure
    period for a period of 5 years, at the completion of which
    any future offense shall count as a first offense. The
    5-year period shall restart if, during that period, an
    employer receives a subsequent notice of violation from
    the Department.
    (c-15) The penalties for a job posting or batch of job
postings that are not active at the time the Department issues
a notice of violation for violating subsection (b-25) of
Section 10 are as follows:
        (1) For a first offense, a fine not to exceed $250 at
    the discretion of the Department. A first offense may be
    either a single job posting that violates subsection
    (b-25) of Section 10 or multiple job postings that violate
    subsection (b-25) of Section 10 and are identified at the
    same time by the Department. The Department shall have
    discretion to waive any civil penalty under this
    paragraph.
        (2) For a second offense, a fine not to exceed $2,500
    at the discretion of the Department. A second offense is a
    single job posting that violates subsection (b-25) of
    Section 10. The Department shall have discretion to waive
    any civil penalty under this paragraph.
        (3) For a third or subsequent offense, a fine not to
    exceed $10,000 at the discretion of the Department. A
    third or subsequent offense is a single job posting that
    violates subsection (b-25) of Section 10. The Department
    shall have discretion to waive any civil penalty under
    this paragraph.
    For the purposes of this subsection, the Department,
during its investigation of a complaint, shall make a
determination as to whether a job posting is not active by
considering the totality of the circumstances, including, but
not limited to: (i) whether a position has been filled; (ii)
the length of time a posting has been accessible to the public;
(iii) the existence of a date range for which a given position
is active; and (iv) whether the violating posting is for a
position for which the employer is no longer accepting
applications.
    (d) In determining the amount of the penalty under this
Section, the appropriateness of the penalty to the size of the
business of the employer charged and the gravity of the
violation shall be considered. The penalty may be recovered in
a civil action brought by the Director in any circuit court.
(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24;
103-539, eff. 1-1-25; revised 9-27-23.)
 
    Section 645. The Prevailing Wage Act is amended by
changing Section 2 as follows:
 
    (820 ILCS 130/2)
    Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
    As used in this Act, unless the context indicates
otherwise:
    "Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes (i) all projects financed in whole or in
part with funds from the Environmental Protection Agency under
the Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the
Public-Private Agreements for the South Suburban Airport Act;
(iii) all projects undertaken under a public-private agreement
under the Public-Private Partnerships for Transportation Act
or the Department of Natural Resources World Shooting and
Recreational Complex Act; and (iv) all transportation
facilities undertaken under a design-build contract or a
Construction Manager/General Contractor contract under the
Innovations for Transportation Infrastructure Act. "Public
works" also includes all projects at leased facility property
used for airport purposes under Section 35 of the Local
Government Facility Lease Act. "Public works" also includes
the construction of a new wind power facility by a business
designated as a High Impact Business under Section
5.5(a)(3)(E) and the construction of a new utility-scale solar
power facility by a business designated as a High Impact
Business under Section 5.5(a)(3)(E-5) of the Illinois
Enterprise Zone Act. "Public works" also includes electric
vehicle charging station projects financed pursuant to the
Electric Vehicle Act and renewable energy projects required to
pay the prevailing wage pursuant to the Illinois Power Agency
Act. "Public works" also includes power washing projects by a
public body or paid for wholly or in part out of public funds
in which steam or pressurized water, with or without added
abrasives or chemicals, is used to remove paint or other
coatings, oils or grease, corrosion, or debris from a surface
or to prepare a surface for a coating. "Public works" does not
include work done directly by any public utility company,
whether or not done under public supervision or direction, or
paid for wholly or in part out of public funds. "Public works"
also includes construction projects performed by a third party
contracted by any public utility, as described in subsection
(a) of Section 2.1, in public rights-of-way, as defined in
Section 21-201 of the Public Utilities Act, whether or not
done under public supervision or direction, or paid for wholly
or in part out of public funds. "Public works" also includes
construction projects that exceed 15 aggregate miles of new
fiber optic cable, performed by a third party contracted by
any public utility, as described in subsection (b) of Section
2.1, in public rights-of-way, as defined in Section 21-201 of
the Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" also includes all
construction projects involving fixtures or permanent
attachments affixed to light poles that are owned by a public
body, including street light poles, traffic light poles, and
other lighting fixtures, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds, unless the project is performed by employees
employed directly by the public body. "Public works" also
includes work performed subject to the Mechanical Insulation
Energy and Safety Assessment Act. "Public works" also includes
the removal, hauling, and transportation of biosolids, lime
sludge, and lime residue from a water treatment plant or
facility and the disposal of biosolids, lime sludge, and lime
residue removed from a water treatment plant or facility at a
landfill. "Public works" does not include projects undertaken
by the owner at an owner-occupied single-family residence or
at an owner-occupied unit of a multi-family residence. "Public
works" does not include work performed for soil and water
conservation purposes on agricultural lands, whether or not
done under public supervision or paid for wholly or in part out
of public funds, done directly by an owner or person who has
legal control of those lands.
    "Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
    "Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
    "Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, and includes every county, city,
town, village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
    "Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
    The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
revised 12-15-23.)
 
    Section 650. The Day and Temporary Labor Services Act is
amended by changing Section 45 as follows:
 
    (820 ILCS 175/45)
    Sec. 45. Registration; Department of Labor.
    (a) A day and temporary labor service agency which is
located, operates or transacts business within this State
shall register with the Department of Labor in accordance with
rules adopted by the Department for day and temporary labor
service agencies and shall be subject to this Act and any rules
adopted under this Act. Each day and temporary labor service
agency shall provide proof of an employer account number
issued by the Department of Employment Security for the
payment of unemployment insurance contributions as required
under the Unemployment Insurance Act, and proof of valid
workers' compensation insurance in effect at the time of
registration covering all of its employees. If, at any time, a
day and temporary labor service agency's workers' compensation
insurance coverage lapses, the agency shall have an
affirmative duty to report the lapse of such coverage to the
Department and the agency's registration shall be suspended
until the agency's workers' compensation insurance is
reinstated. The Department may assess each day and temporary
labor service agency a non-refundable registration fee not
exceeding $3,000 per year per agency and a non-refundable fee
not to exceed $750 for each branch office or other location
where the agency regularly contracts with day or temporary
laborers for services. The fee may be paid by check, money
order, or the State Treasurer's E-Pay program or any successor
program, and the Department may not refuse to accept a check on
the basis that it is not a certified check or a cashier's
check. The Department may charge an additional fee to be paid
by a day and temporary labor service agency if the agency, or
any person on the agency's behalf, issues or delivers a check
to the Department that is not honored by the financial
institution upon which it is drawn. The Department shall also
adopt rules for violation hearings and penalties for
violations of this Act or the Department's rules in
conjunction with the penalties set forth in this Act.
    (a-1) At the time of registration with the Department of
Labor each year, the day and temporary labor service agency
shall submit to the Department of Labor a report containing
the information identified in paragraph (9) of subsection (a)
of Section 12, broken down by branch office, in the aggregate
for all day or temporary laborers assigned within Illinois and
subject to this Act during the preceding year. This
information shall be submitted on a form created by the
Department of Labor. The Department of Labor shall aggregate
the information submitted by all registering day and temporary
labor service agencies by removing identifying data and shall
have the information available to the public only on a
municipal and county basis. As used in this paragraph,
"identifying data" means any and all information that: (i)
provides specific information on individual worker identity;
(ii) identifies the service agency in any manner; and (iii)
identifies clients utilizing the day and temporary labor
service agency or any other information that can be traced
back to any specific registering day and temporary labor
service agency or its client. The information and reports
submitted to the Department of Labor under this subsection by
the registering day and temporary labor service agencies are
exempt from inspection and copying under Section 7.5 of the
Freedom of Information Act.
    (b) It is a violation of this Act to operate a day and
temporary labor service agency without first registering with
the Department in accordance with subsection (a) of this
Section. The Department shall create and maintain at regular
intervals on its website, accessible to the public: (1) a list
of all registered day and temporary labor service agencies in
the State whose registration is in good standing; (2) a list of
day and temporary labor service agencies in the State whose
registration has been suspended, including the reason for the
suspension, the date the suspension was initiated, and the
date, if known, the suspension is to be lifted; and (3) a list
of day and temporary labor service agencies in the State whose
registration has been revoked, including the reason for the
revocation and the date the registration was revoked. The
Department has the authority to assess a penalty against any
day and temporary labor service agency that fails to register
with the Department of Labor in accordance with this Act or any
rules adopted under this Act of $500 for each violation. Each
day during which a day and temporary labor service agency
operates without registering with the Department shall be a
separate and distinct violation of this Act.
    (c) An applicant is not eligible to register to operate a
day and temporary labor service agency under this Act if the
applicant or any of its officers, directors, partners, or
managers or any owner of 25% or greater beneficial interest:
        (1) has been involved, as owner, officer, director,
    partner, or manager, of any day and temporary labor
    service agency whose registration has been revoked or has
    been suspended without being reinstated within the 5 years
    immediately preceding the filing of the application; or
        (2) is under the age of 18.
    (d) Every agency shall post and keep posted at each
location, in a position easily accessible to all day or
temporary laborers s, notices as supplied and required by the
Department containing a copy or summary of the provisions of
the Act and a notice which informs the public of a toll-free
telephone number for day or temporary laborers and the public
to file wage dispute complaints and other alleged violations
by day and temporary labor service agencies. Every day and
temporary labor service agency employing day or temporary
laborers who communicate with the day and temporary labor
service agency by electronic communication shall also provide
all required notices by email to its day or temporary laborers
or on a website, regularly used by the employer to communicate
work-related information, that all day or temporary laborers
are able to regularly access, freely and without interference.
Such notices shall be in English and any other language
generally understood in the locale of the day and temporary
labor service agency.
(Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23;
revised 12-15-23.)
 
    Section 655. The Paid Leave for All Workers Act is amended
by changing Section 15 as follows:
 
    (820 ILCS 192/15)
    Sec. 15. Provision of paid leave.
    (a) An employee who works in Illinois is entitled to earn
and use up to a minimum of 40 hours of paid leave during a
12-month period or a pro rata number of hours of paid leave
under the provisions of subsection (b). The paid leave may be
used by the employee for any purpose as long as the paid leave
is taken in accordance with the provisions of this Act.
    (b) Paid leave under this Act shall accrue at the rate of
one hour of paid leave for every 40 hours worked up to a
minimum of 40 hours of paid leave or such greater amount if the
employer provides more than 40 hours. Employees who are exempt
from the overtime requirements of the federal Fair Labor
Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
hours in each workweek for purposes of paid leave accrual
unless their regular workweek is less than 40 hours, in which
case paid leave accrues based on that regular workweek.
Employees shall determine how much paid leave they need to
use, however employers may set a reasonable minimum increment
for the use of paid leave not to exceed 2 hours per day. If an
employee's scheduled workday is less than 2 hours per day, the
employee's scheduled workday shall be used to determine the
amount of paid leave.
    (c) An employer may make available the minimum number of
hours of paid leave, subject to pro rata requirements provided
in subsection (b), to an employee on the first day of
employment or the first day of the 12-month period. Employers
that provide the minimum number of hours of paid leave to an
employee on the first day of employment or the first day of the
12-month period are not required to carryover paid leave from
12-month period to 12-month period and may require employees
to use all paid leave prior to the end of the benefit period or
forfeit the unused paid leave. However, under no circumstances
shall an employee be credited with paid leave that is less than
what the employee would have accrued under subsections (a) and
(g) of this Section.
    (d) The 12-month period may be any consecutive 12-month
period designated by the employer in writing at the time of
hire. Changes to the 12-month period may be made by the
employer if notice is given to employees in writing prior to
the change and the change does not reduce the eligible accrual
rate and paid leave available to the employee. If the employer
changes the designated 12-month period, the employer shall
provide the employee with documentation of the balance of
hours worked, paid leave accrued and taken, and the remaining
paid leave balance.
    (e) Paid leave under this Act may be taken by an employee
for any reason of the employee's choosing. An employee is not
required to provide an employer a reason for the leave and may
not be required to provide documentation or certification as
proof or in support of the leave. An employee may choose
whether to use paid leave provided under this Act prior to
using any other leave provided by the employer or State law.
    (f) Employees shall be paid their hourly rate of pay for
paid leave. However, employees engaged in an occupation in
which gratuities or commissions have customarily and usually
constituted and have been recognized as part of the
remuneration for hire purposes shall be paid by their employer
at least the full minimum wage in the jurisdiction in which
they are employed when paid leave is taken. This wage shall be
treated as the employee's regular rate of pay for purposes of
this Act.
    (g) Paid leave under this Act shall begin to accrue at the
commencement of employment or on the effective date of this
Act, whichever is later. Employees shall be entitled to begin
using paid leave 90 days following commencement of their
employment or 90 days following the effective date of this
Act, whichever is later.
    (h) Paid leave under this Act shall be provided upon the
oral or written request of an employee in accordance with the
employer's reasonable paid leave policy notification
requirements which may include the following:
        (1) If use of paid leave under this Act is
    foreseeable, the employer may require the employee to
    provide 7 calendar days' notice before the date the leave
    is to begin.
        (2) If paid leave under this Act is not foreseeable,
    the employee shall provide such notice as soon as is
    practicable after the employee is aware of the necessity
    of the leave. An employer that requires notice of paid
    leave under this Act when the leave is not foreseeable
    shall provide a written policy that contains procedures
    for the employee to provide notice.
        (3) Employers shall provide employees with written
    notice of the paid leave policy notification requirements
    in this Section in the manner provided in Section 20 for
    notice and posting and within 5 calendar days of any
    change to the employer's reasonable paid leave policy
    notification requirements.
        (4) An employer may not require, as a condition of
    providing paid leave under this Act, that the employee
    search for or find a replacement worker to cover the hours
    during which the employee takes paid leave.
    (i) Except as provided in subsection (c), paid leave under
this Act shall carry over annually to the extent not used by
the employee, provided that nothing in this Act shall be
construed to require an employer to provide more than 40 hours
of paid leave for an employee in the 12-month period unless the
employer agrees to do so.
    (j) Nothing in this Section or any other Illinois law or
rule shall be construed as requiring financial or other
payment to an employee from an employer upon the employee's
termination, resignation, retirement, or other separation from
employment for paid leave accrued under this Act that has not
been used. Nothing in this Section or any other Illinois law or
rule shall be construed as requiring financial or other
reimbursements to an employee from an employer for unused paid
leave under this Act at the end of the benefit year or any
other time.
    (k) If an employee is transferred to a separate division,
entity, or location, but remains employed by the same
employer, the employee is entitled to all paid leave accrued
at the prior division, entity, or location and is entitled to
use all paid leave as provided in this Section. If there is a
separation from employment and the employee is rehired within
12 months of separation by the same employer, previously
accrued paid leave that had not been used by the employee shall
be reinstated. The employee shall be entitled to use accrued
paid leave at the commencement of employment following a
separation from employment of 12 months or less.
    (l) Paid leave under this Act shall not be charged or
otherwise credited to an employee's paid time off bank or
employee account unless the employer's policy permits such a
credit. If the paid leave under this Act is credited to an
employee's paid time off bank or employee vacation account
then any unused paid leave shall be paid to the employee upon
the employee's termination, resignation, retirement, or other
separation to the same extent as vacation time under existing
Illinois law or rule. Nothing in this Act shall be construed to
waive or otherwise limit an employee's right to final
compensation for promised and earned, but unpaid vacation time
or paid time off, as provided under the Illinois Wage Payment
and Collection Act and rules. Employers shall provide
employees with written notice of changes to the employer's
vacation time, paid time off, or other paid leave policies
that affect an employee's right to final compensation for such
leave.
    (m) During any period an employee takes leave under this
Act, the employer shall maintain coverage for the employee and
any family member under any group health plan for the duration
of such leave at no less than the level and conditions of
coverage that would have been provided if the employee had not
taken the leave. The employer shall notify the employee that
the employee is still responsible for paying the employee's
share of the cost of the health care coverage, if any.
    (n) Nothing in this Act shall be deemed to interfere with,
impede, or in any way diminish the right of employees to
bargain collectively with their employers through
representatives of their own choosing in order to establish
wages or other conditions of work in excess of the applicable
minimum standards established in this Act. The paid leave
requirements of this Act may be waived in a bona fide
collective bargaining agreement, but only if the waiver is set
forth explicitly in such agreement in clear and unambiguous
terms.
    Nothing in this Act shall be deemed to affect the validity
or change the terms of bona fide collective bargaining
agreements in effect on January 1, 2024. After that date,
requirements of this Act may be waived in a bona fide
collective bargaining agreement, but only if the waiver is set
forth explicitly in such agreement in clear and unambiguous
terms.
    In no event shall this Act apply to any employee working in
the construction industry who is covered by a bona fide
collective bargaining agreement, nor shall this Act apply to
any employee who is covered by a bona fide collective
bargaining agreement with an employer that provides services
nationally and internationally of delivery, pickup, and
transportation of parcels, documents, and freight.
    Notwithstanding the provisions of this subsection, nothing
in this Act shall be deemed to affect the validity or change
the terms of a bona fide collective bargaining agreement
applying to an employee who is employed by a State agency that
is in effect on July 1, 2024. After that date, requirements of
this Act may be waived in a bona fide collective bargaining
agreement, but only if the waiver is set forth explicitly in
such agreement in clear and unambiguous terms. As used in this
subsection, "State agency" has the same meaning as set forth
in Section 4 of the Forms Notice Act.
    (o) An agreement by an employee to waive his or her rights
under this Act is void as against public policy.
    (p) The provisions of this Act shall not apply to any
employer that is covered by a municipal or county ordinance
that is in effect on the effective date of this Act that
requires employers to give any form of paid leave to their
employees, including paid sick leave or paid leave.
Notwithstanding the provisions of this subsection, any
employer that is not required to provide paid leave to its
employees, including paid sick leave or paid leave, under a
municipal or county ordinance that is in effect on the
effective date of this Act shall be subject to the provisions
of this Act if the employer would be required to provide paid
leave under this Act to its employees.
    Any local ordinance that provides paid leave, including
paid sick leave or paid leave, enacted or amended after the
effective date of this Act must comply with the requirements
of this Act or provide benefits, rights, and remedies that are
greater than or equal to the benefits, rights, and remedies
afforded under this Act.
    An employer in a municipality or county that enacts or
amends a local ordinance that provides paid leave, including
paid sick leave or paid leave, after the effective date of this
Act shall only comply with the local ordinance or ordinances
so long as the benefits, rights, and remedies are greater than
or equal to the benefits, rights, and remedies afforded under
this Act.
(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)
 
    Section 660. The Child Labor Law is amended by changing
Sections 17 and 17.3 as follows:
 
    (820 ILCS 205/17)  (from Ch. 48, par. 31.17)
    Sec. 17. It shall be the duty of the Department of Labor to
enforce the provisions of this Act. The Department of Labor
shall have the power to conduct investigations in connection
with the administration and enforcement of this Act and the
authorized officers and employees of the Department of Labor
are hereby authorized and empowered, to visit and inspect, at
all reasonable times and as often as possible, all places
covered by this Act. Truant officers and other school
officials authorized by the board of education or school
directors shall report violations under this Act to the
Department of Labor, and may enter any place in which children
are, or are believed to be employed and inspect the work
certificates on file. Such truant officers or other school
officials also are authorized to file complaints against any
employer found violating the provisions of this Act in case no
complaints for such violations are pending; and when such
complaints are filed by truant officers or other school
officials, the State's Attorneys attorneys of this State state
shall appear for the people, and attend to the prosecution of
such complaints. The Department of Labor shall conduct
hearings in accordance with the "The Illinois Administrative
Procedure Act", approved September 22, 1975, as amended, upon
written complaint by an investigator of the Department of
Labor, truant officer, or other school official, or any
interested person of a violation of the Act or to revoke any
certificate under this Act. After such hearing, if supported
by the evidence, the Department of Labor may issue and cause to
be served on any party an order to cease and desist from
violation of the Act, take such further affirmative or other
action as deemed reasonable to eliminate the effect of the
violation, and may revoke any certificate issued under the Act
and determine the amount of any civil penalty allowed by the
Act. The Department may serve such orders by certified mail or
by sending a copy by email to an email address previously
designated by the party for purposes of receiving notice under
this Act. An email address provided by the party in the course
of the administrative proceeding shall not be used in any
subsequent proceedings, unless the party designates that email
address for the subsequent proceeding. The Director of Labor
or his authorized representative may compel by subpoena, the
attendance and testimony of witnesses and the production of
books, payrolls, records, papers and other evidence in any
investigation or hearing and may administer oaths to
witnesses.
(Source: P.A. 103-201, eff. 1-1-24; revised 1-2-24.)
 
    (820 ILCS 205/17.3)  (from Ch. 48, par. 31.17-3)
    Sec. 17.3. Any employer who violates any of the provisions
of this Act or any rule or regulation issued under the Act
shall be subject to a civil penalty of not to exceed $5,000 for
each such violation. In determining the amount of such
penalty, the appropriateness of such penalty to the size of
the business of the employer charged and the gravity of the
violation shall be considered. The amount of such penalty,
when finally determined, may be
        (1) recovered in a civil action brought by the
    Director of Labor in any circuit court, in which
    litigation the Director of Labor shall be represented by
    the Attorney General;
        (2) ordered by the court, in an action brought for
    violation under Section 19, to be paid to the Director of
    Labor.
    Any administrative determination by the Department of
Labor of the amount of each penalty shall be final unless
reviewed as provided in Section 17.1 of this Act.
    Civil penalties recovered under this Section shall be paid
by certified check, money order, or by an electronic payment
system designated by the Department, and deposited into the
Child Labor and Day and Temporary Labor Services Enforcement
Fund, a special fund which is hereby created in the State
treasury. Moneys in the Fund may be used, subject to
appropriation, for exemplary programs, demonstration projects,
and other activities or purposes related to the enforcement of
this Act or for the activities or purposes related to the
enforcement of the Day and Temporary Labor Services Act, or
for the activities or purposes related to the enforcement of
the Private Employment Agency Act.
(Source: P.A. 103-201, eff. 1-1-24; revised 9-21-23.)
 
    Section 665. The Line of Duty Compensation Act is amended
by changing Section 2 as follows:
 
    (820 ILCS 315/2)  (from Ch. 48, par. 282)
    Sec. 2. As used in this Act, unless the context otherwise
requires:
    (a) "Law enforcement officer" or "officer" means any
person employed by the State or a local governmental entity as
a policeman, peace officer, auxiliary policeman or in some
like position involving the enforcement of the law and
protection of the public interest at the risk of that person's
life. This includes supervisors, wardens, superintendents and
their assistants, guards and keepers, correctional officers,
youth supervisors, parole agents, aftercare specialists,
school teachers, and correctional counselors counsellors in
all facilities of both the Department of Corrections and the
Department of Juvenile Justice, while within the facilities
under the control of the Department of Corrections or the
Department of Juvenile Justice or in the act of transporting
inmates or wards from one location to another or while
performing their official duties, and all other Department of
Corrections Correction or Department of Juvenile Justice
employees who have daily contact with inmates. For the
purposes of this Act, "law enforcement officer" or "officer"
also means a probation officer, as defined in Section 9b of the
Probation and Probation Officers Act.
    The death of the foregoing employees of the Department of
Corrections or the Department of Juvenile Justice in order to
be included herein must be by the direct or indirect willful
act of an inmate, ward, work-releasee, parolee, aftercare
releasee, parole violator, aftercare release violator, person
under conditional release, or any person sentenced or
committed, or otherwise subject to confinement in or to the
Department of Corrections or the Department of Juvenile
Justice.
    (b) "Fireman" means any person employed by the State or a
local governmental entity as, or otherwise serving as, a
member or officer of a fire department either for the purpose
of the prevention or control of fire or the underwater
recovery of drowning victims, including volunteer firemen.
    (c) "Local governmental entity" includes counties,
municipalities, and municipal corporations.
    (d) "State" means the State of Illinois and its
departments, divisions, boards, bureaus, commissions,
authorities, and colleges and universities.
    (e) "Killed in the line of duty" means losing one's life as
a result of injury received in the active performance of
duties as a law enforcement officer, civil defense worker,
civil air patrol member, paramedic, fireman, or chaplain if
the death occurs within one year from the date the injury was
received and if that injury arose from violence or other
accidental cause. In the case of a State employee, "killed in
the line of duty" means losing one's life as a result of injury
received in the active performance of one's duties as a State
employee, if the death occurs within one year from the date the
injury was received and if that injury arose from a willful act
of violence by another State employee committed during such
other employee's course of employment and after January 1,
1988. The term excludes death resulting from the willful
misconduct or intoxication of the officer, civil defense
worker, civil air patrol member, paramedic, fireman, chaplain,
or State employee. However, the burden of proof of such
willful misconduct or intoxication of the officer, civil
defense worker, civil air patrol member, paramedic, fireman,
chaplain, or State employee is on the Attorney General.
Subject to the conditions set forth in subsection (a) with
respect to inclusion under this Act of Department of
Corrections and Department of Juvenile Justice employees
described in that subsection, for the purposes of this Act,
instances in which a law enforcement officer receives an
injury in the active performance of duties as a law
enforcement officer include, but are not limited to, instances
when:
        (1) the injury is received as a result of a willful
    wilful act of violence committed other than by the officer
    and a relationship exists between the commission of such
    act and the officer's performance of his duties as a law
    enforcement officer, whether or not the injury is received
    while the officer is on duty as a law enforcement officer;
        (2) the injury is received by the officer while the
    officer is attempting to prevent the commission of a
    criminal act by another or attempting to apprehend an
    individual the officer suspects has committed a crime,
    whether or not the injury is received while the officer is
    on duty as a law enforcement officer;
        (3) the injury is received by the officer while the
    officer is traveling travelling to or from his employment
    as a law enforcement officer or during any meal break, or
    other break, which takes place during the period in which
    the officer is on duty as a law enforcement officer.
    In the case of an Armed Forces member, "killed in the line
of duty" means losing one's life while on active duty in
connection with the September 11, 2001 terrorist attacks on
the United States, Operation Enduring Freedom, Operation
Freedom's Sentinel, Operation Iraqi Freedom, Operation New
Dawn, or Operation Inherent Resolve.
    (f) "Volunteer fireman" means a person having principal
employment other than as a fireman, but who is carried on the
rolls of a regularly constituted fire department either for
the purpose of the prevention or control of fire or the
underwater recovery of drowning victims, the members of which
are under the jurisdiction of the corporate authorities of a
city, village, incorporated town, or fire protection district,
and includes a volunteer member of a fire department organized
under the "General Not for Profit Corporation Act", approved
July 17, 1943, as now or hereafter amended, which is under
contract with any city, village, incorporated town, fire
protection district, or persons residing therein, for fire
fighting services. "Volunteer fireman" does not mean an
individual who volunteers assistance without being regularly
enrolled as a fireman.
    (g) "Civil defense worker" means any person employed by
the State or a local governmental entity as, or otherwise
serving as, a member of a civil defense work force, including
volunteer civil defense work forces engaged in serving the
public interest during periods of disaster, whether natural or
man-made.
    (h) "Civil air patrol member" means any person employed by
the State or a local governmental entity as, or otherwise
serving as, a member of the organization commonly known as the
"Civil Air Patrol", including volunteer members of the
organization commonly known as the "Civil Air Patrol".
    (i) "Paramedic" means an Emergency Medical
Technician-Paramedic certified by the Illinois Department of
Public Health under the Emergency Medical Services (EMS)
Systems Act, and all other emergency medical personnel
certified by the Illinois Department of Public Health who are
members of an organized body or not-for-profit corporation
under the jurisdiction of a city, village, incorporated town,
fire protection district, or county, that provides emergency
medical treatment to persons of a defined geographical area.
    (j) "State employee" means any employee as defined in
Section 14-103.05 of the Illinois Pension Code, as now or
hereafter amended.
    (k) "Chaplain" means an individual who:
        (1) is a chaplain of (i) a fire department or (ii) a
    police department or other agency consisting of law
    enforcement officers; and
        (2) has been designated a chaplain by (i) the fire
    department, police department, or other agency or an
    officer or body having jurisdiction over the department or
    agency or (ii) a labor organization representing the
    firemen or law enforcement officers.
    (l) "Armed Forces member" means an Illinois resident who
is: a member of the Armed Forces of the United States; a member
of the Illinois National Guard while on active military
service pursuant to an order of the President of the United
States; or a member of any reserve component of the Armed
Forces of the United States while on active military service
pursuant to an order of the President of the United States.
(Source: P.A. 102-221, eff. 1-1-22; revised 1-20-24.)
 
    Section 995. 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 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    5 ILCS 80/4.39
    5 ILCS 100/5-45.35
    5 ILCS 100/5-45.36
    5 ILCS 100/5-45.38
    5 ILCS 100/5-45.39
    5 ILCS 100/5-45.40
    5 ILCS 100/5-45.41
    5 ILCS 100/5-45.45
    5 ILCS 100/5-45.46
    5 ILCS 100/5-45.47
    5 ILCS 100/5-45.48
    5 ILCS 100/5-45.50
    5 ILCS 100/5-45.51
    5 ILCS 100/5-45.52
    5 ILCS 140/7
    5 ILCS 140/7.5
    5 ILCS 230/10
    5 ILCS 375/6.11
    5 ILCS 810/5
    5 ILCS 840/40
    10 ILCS 5/1A-8from Ch. 46, par. 1A-8
    10 ILCS 5/1A-16.1
    10 ILCS 5/24B-9.1
    15 ILCS 335/1A
    15 ILCS 335/4
    15 ILCS 510/7afrom Ch. 130, par. 107a
    20 ILCS 5/5-222
    20 ILCS 65/20-15
    20 ILCS 105/4.02
    20 ILCS 415/8afrom Ch. 127, par. 63b108a
    20 ILCS 415/8b.3from Ch. 127, par. 63b108b.3
    20 ILCS 415/8b.9from Ch. 127, par. 63b108b.9
    20 ILCS 415/8b.10from Ch. 127, par. 63b108b.10
    20 ILCS 415/9from Ch. 127, par. 63b109
    20 ILCS 505/5
    20 ILCS 505/5d
    20 ILCS 505/7.4
    20 ILCS 505/17from Ch. 23, par. 5017
    20 ILCS 505/21
    20 ILCS 605/605-1103
    20 ILCS 655/5.5from Ch. 67 1/2, par. 609.1
    20 ILCS 1305/10-75
    20 ILCS 1305/80-45
    20 ILCS 1370/1-80
    20 ILCS 1405/1405-50
    20 ILCS 1405/1405-51
    20 ILCS 2105/2105-15
    20 ILCS 2105/2105-368
    20 ILCS 2105/2105-370
    20 ILCS 2310/2310-130
    20 ILCS 2310/2310-720
    20 ILCS 2310/2310-725
    20 ILCS 2605/2605-52
    20 ILCS 2610/16from Ch. 121, par. 307.16
    20 ILCS 3440/13from Ch. 127, par. 2673
    20 ILCS 3855/1-56
    20 ILCS 3930/4from Ch. 38, par. 210-4
    20 ILCS 3975/Act title
    30 ILCS 5/3-2.3
    30 ILCS 105/5.990
    30 ILCS 105/5.991
    30 ILCS 105/5.993
    30 ILCS 105/5.994
    30 ILCS 105/5.995
    30 ILCS 105/5.996
    30 ILCS 105/5.997
    30 ILCS 105/5.999
    30 ILCS 105/5.1000
    30 ILCS 105/5.1001
    30 ILCS 105/5.1002
    30 ILCS 105/5.1003
    30 ILCS 105/5.1004
    30 ILCS 105/5.1005
    30 ILCS 105/5.1006
    30 ILCS 105/5.1007
    30 ILCS 105/5.1008
    30 ILCS 105/5.1009
    30 ILCS 105/5.1010
    30 ILCS 105/5.1011
    30 ILCS 105/6z-32
    30 ILCS 105/6z-82
    30 ILCS 105/8.3
    30 ILCS 105/12-2from Ch. 127, par. 148-2
    30 ILCS 330/11from Ch. 127, par. 661
    30 ILCS 420/3from Ch. 127, par. 753
    30 ILCS 425/5from Ch. 127, par. 2805
    30 ILCS 500/1-10
    30 ILCS 500/10-20
    30 ILCS 559/20-15
    30 ILCS 750/10-6from Ch. 127, par. 2710-6
    30 ILCS 805/8.46
    30 ILCS 805/8.47
    35 ILCS 5/201
    35 ILCS 5/203
    35 ILCS 5/228
    35 ILCS 5/237
    35 ILCS 45/110-30
    35 ILCS 45/110-40
    35 ILCS 105/3-5
    35 ILCS 110/3-5
    35 ILCS 115/3-5
    35 ILCS 115/9from Ch. 120, par. 439.109
    35 ILCS 115/12from Ch. 120, par. 439.112
    35 ILCS 120/2-5
    35 ILCS 120/3from Ch. 120, par. 442
    35 ILCS 130/2from Ch. 120, par. 453.2
    35 ILCS 735/3-3from Ch. 120, par. 2603-3
    35 ILCS 1010/1-60
    40 ILCS 5/15-198
    40 ILCS 5/16-127from Ch. 108 1/2, par. 16-127
    50 ILCS 45/30
    50 ILCS 725/7.2
    55 ILCS 5/3-8002from Ch. 34, par. 3-8002
    55 ILCS 5/4-7001
    55 ILCS 5/5-1022
    55 ILCS 5/5-1069.3
    65 ILCS 5/8-4-1from Ch. 24, par. 8-4-1
    65 ILCS 5/10-4-2.3
    70 ILCS 705/20from Ch. 127 1/2, par. 38.3
    70 ILCS 1816/15
    70 ILCS 2005/11
    70 ILCS 3605/51
    75 ILCS 10/3from Ch. 81, par. 113
    105 ILCS 5/2-3.25d-5
    105 ILCS 5/2-3.25o
    105 ILCS 5/2-3.163
    105 ILCS 5/2-3.196
    105 ILCS 5/2-3.198
    105 ILCS 5/2-3.199
    105 ILCS 5/2-3.200
    105 ILCS 5/2-3.201
    105 ILCS 5/2-3.202
    105 ILCS 5/2-3.203
    105 ILCS 5/3-11
    105 ILCS 5/10-17a
    105 ILCS 5/10-20.67
    105 ILCS 5/10-20.85
    105 ILCS 5/10-20.86
    105 ILCS 5/10-22.3f
    105 ILCS 5/10-22.36from Ch. 122, par. 10-22.36
    105 ILCS 5/10-22.39
    105 ILCS 5/14-7.02from Ch. 122, par. 14-7.02
    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
    105 ILCS 5/18-8.15
    105 ILCS 5/19-6from Ch. 122, par. 19-6
    105 ILCS 5/21B-30
    105 ILCS 5/21B-50
    105 ILCS 5/21B-70
    105 ILCS 5/22-30
    105 ILCS 5/22-95
    105 ILCS 5/22-97
    105 ILCS 5/22-98
    105 ILCS 5/22-99
    105 ILCS 5/24-2
    105 ILCS 5/24-12
    105 ILCS 5/24A-5from Ch. 122, par. 24A-5
    105 ILCS 5/26A-40
    105 ILCS 5/27-23.1from Ch. 122, par. 27-23.1
    105 ILCS 5/27A-3
    105 ILCS 5/27A-5
    105 ILCS 5/27A-6
    105 ILCS 5/27A-7
    105 ILCS 5/27A-11.5
    105 ILCS 5/34-18.82
    105 ILCS 5/34-18.83
    105 ILCS 5/34-18.84
    105 ILCS 5/34-84from Ch. 122, par. 34-84
    105 ILCS 105/10afrom Ch. 122, par. 1410a
    105 ILCS 110/3
    105 ILCS 128/50
    105 ILCS 128/55
    110 ILCS 305/115
    110 ILCS 330/8h
    110 ILCS 330/8i
    110 ILCS 935/3.09
    110 ILCS 947/65.100
    110 ILCS 947/67
    115 ILCS 5/2from Ch. 48, par. 1702
    210 ILCS 3/35.2
    210 ILCS 40/10.3
    210 ILCS 40/10.4
    210 ILCS 50/3.55
    210 ILCS 50/3.116
    210 ILCS 85/10.10
    210 ILCS 85/11.9
    210 ILCS 89/15
    210 ILCS 170/46
    215 ILCS 5/356z.61
    215 ILCS 5/356z.63
    215 ILCS 5/356z.64
    215 ILCS 5/356z.65
    215 ILCS 5/356z.66
    215 ILCS 5/356z.67
    215 ILCS 5/356z.68
    215 ILCS 5/356z.69
    215 ILCS 5/356z.70
    215 ILCS 5/370c.1
    215 ILCS 124/25
    215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
    215 ILCS 130/3006from Ch. 73, par. 1503-6
    215 ILCS 130/4003from Ch. 73, par. 1504-3
    215 ILCS 165/10from Ch. 32, par. 604
    220 ILCS 5/8-205from Ch. 111 2/3, par. 8-205
    220 ILCS 5/9-222.1A
    220 ILCS 5/9-229
    225 ILCS 10/5.1from Ch. 23, par. 2215.1
    225 ILCS 10/7.2from Ch. 23, par. 2217.2
    225 ILCS 10/18from Ch. 23, par. 2228
    225 ILCS 25/4
    225 ILCS 25/17
    225 ILCS 46/25
    225 ILCS 56/95
    225 ILCS 64/100
    225 ILCS 95/7.5
    225 ILCS 115/25.2from Ch. 111, par. 7025.2
    225 ILCS 130/75
    225 ILCS 230/1011
    225 ILCS 320/13.1
    225 ILCS 735/2from Ch. 111, par. 702
    230 ILCS 5/30from Ch. 8, par. 37-30
    230 ILCS 5/31from Ch. 8, par. 37-31
    235 ILCS 5/5-3from Ch. 43, par. 118
    305 ILCS 5/5-4.2
    305 ILCS 5/5-5
    305 ILCS 5/5-5.01a
    305 ILCS 5/5-5.05
    305 ILCS 5/5-5.2
    305 ILCS 5/5-16.8
    305 ILCS 5/5-47
    305 ILCS 5/5-50
    305 ILCS 5/5-51
    305 ILCS 5/5A-12.7
    305 ILCS 5/6-9from Ch. 23, par. 6-9
    305 ILCS 5/6-12from Ch. 23, par. 6-12
    305 ILCS 5/12-4.57
    305 ILCS 5/12-4.58
    325 ILCS 2/10
    325 ILCS 2/30
    325 ILCS 2/35
    325 ILCS 5/4.5
    325 ILCS 5/7.4
    325 ILCS 40/6from Ch. 23, par. 2256
    325 ILCS 85/95-10
    405 ILCS 20/3efrom Ch. 91 1/2, par. 303e
    410 ILCS 45/8.1from Ch. 111 1/2, par. 1308.1
    410 ILCS 82/35
    410 ILCS 517/5
    410 ILCS 535/25
    410 ILCS 535/25.6
    410 ILCS 535/25.7
    410 ILCS 650/8from Ch. 56 1/2, par. 74
    410 ILCS 705/15-150
    410 ILCS 705/15-170
    415 ILCS 5/17.12
    415 ILCS 5/22.15
    415 ILCS 5/31from Ch. 111 1/2, par. 1031
    415 ILCS 5/58.5
    415 ILCS 5/58.6
    415 ILCS 5/58.7
    415 ILCS 60/24.1from Ch. 5, par. 824.1
    415 ILCS 120/40
    420 ILCS 40/6from Ch. 111 1/2, par. 210-6
    430 ILCS 65/10from Ch. 38, par. 83-10
    430 ILCS 125/10
    520 ILCS 5/2.36from Ch. 61, par. 2.36
    520 ILCS 5/2.37from Ch. 61, par. 2.37
    520 ILCS 5/3.5from Ch. 61, par. 3.5
    605 ILCS 5/6-901from Ch. 121, par. 6-901
    625 ILCS 5/2-119from Ch. 95 1/2, par. 2-119
    625 ILCS 5/3-699.14
    625 ILCS 5/6-103from Ch. 95 1/2, par. 6-103
    625 ILCS 5/6-106.1
    625 ILCS 5/6-118
    625 ILCS 5/6-508.5
    625 ILCS 5/7-315from Ch. 95 1/2, par. 7-315
    625 ILCS 5/11-208.6
    625 ILCS 5/11-305from Ch. 95 1/2, par. 11-305
    630 ILCS 5/19
    705 ILCS 105/27.1b
    705 ILCS 405/1-8
    705 ILCS 405/2-3from Ch. 37, par. 802-3
    705 ILCS 405/2-6from Ch. 37, par. 802-6
    705 ILCS 405/2-9from Ch. 37, par. 802-9
    705 ILCS 405/2-10from Ch. 37, par. 802-10
    705 ILCS 405/2-20from Ch. 37, par. 802-20
    705 ILCS 405/2-28
    705 ILCS 405/3-5from Ch. 37, par. 803-5
    705 ILCS 405/3-6from Ch. 37, par. 803-6
    705 ILCS 405/3-16from Ch. 37, par. 803-16
    705 ILCS 405/3-17from Ch. 37, par. 803-17
    705 ILCS 405/3-19from Ch. 37, par. 803-19
    705 ILCS 405/3-21from Ch. 37, par. 803-21
    705 ILCS 405/3-24from Ch. 37, par. 803-24
    705 ILCS 405/3-33.5
    705 ILCS 405/4-8from Ch. 37, par. 804-8
    705 ILCS 405/4-9from Ch. 37, par. 804-9
    705 ILCS 405/4-14from Ch. 37, par. 804-14
    705 ILCS 405/4-16from Ch. 37, par. 804-16
    705 ILCS 405/4-18from Ch. 37, par. 804-18
    705 ILCS 405/4-21from Ch. 37, par. 804-21
    705 ILCS 405/5-105
    705 ILCS 405/5-120
    705 ILCS 405/5-401.6
    705 ILCS 405/5-410
    705 ILCS 405/5-525
    705 ILCS 405/5-601
    705 ILCS 405/5-610
    705 ILCS 405/5-615
    705 ILCS 405/5-625
    705 ILCS 405/5-705
    705 ILCS 405/5-710
    705 ILCS 405/5-715
    705 ILCS 405/5-810
    705 ILCS 405/5-915
    705 ILCS 405/6-7from Ch. 37, par. 806-7
    705 ILCS 405/6-9from Ch. 37, par. 806-9
    705 ILCS 405/6-10from Ch. 37, par. 806-10
    720 ILCS 5/9-1from Ch. 38, par. 9-1
    720 ILCS 5/24-1.9
    720 ILCS 5/24-1.10
    720 ILCS 5/24-5.1
    730 ILCS 5/3-2-13
    730 ILCS 5/3-2.7-5
    730 ILCS 5/3-2.7-10
    730 ILCS 5/3-2.7-20
    730 ILCS 5/3-2.7-25
    730 ILCS 5/3-2.7-30
    730 ILCS 5/3-2.7-35
    730 ILCS 5/3-2.7-40
    730 ILCS 5/3-2.7-50
    730 ILCS 5/3-2.7-55
    730 ILCS 5/3-5-1
    730 ILCS 5/3-6-3
    730 ILCS 5/3-8-10from Ch. 38, par. 1003-8-10
    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
    730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3
    730 ILCS 5/5-4.5-105
    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
    730 ILCS 5/5-9-1.4from Ch. 38, par. 1005-9-1.4
    730 ILCS 5/5-9-1.9
    730 ILCS 148/35
    730 ILCS 150/6
    730 ILCS 154/30
    730 ILCS 215/10
    735 ILCS 5/21-101from Ch. 110, par. 21-101
    735 ILCS 5/21-102from Ch. 110, par. 21-102
    735 ILCS 5/21-102.5
    735 ILCS 5/21-103
    735 ILCS 30/25-5-105
    735 ILCS 30/25-5-107
    740 ILCS 175/6from Ch. 127, par. 4106
    745 ILCS 49/42
    750 ILCS 30/2from Ch. 40, par. 2202
    765 ILCS 1085/15
    765 ILCS 1085/25
    765 ILCS 1085/35
    775 ILCS 5/8-101
    805 ILCS 5/1.80from Ch. 32, par. 1.80
    805 ILCS 105/103.05from Ch. 32, par. 103.05
    815 ILCS 505/2BBBB
    815 ILCS 505/2CCCC
    815 ILCS 505/2DDDD
    820 ILCS 105/12
    820 ILCS 112/30
    820 ILCS 130/2
    820 ILCS 175/45
    820 ILCS 192/15
    820 ILCS 205/17from Ch. 48, par. 31.17
    820 ILCS 205/17.3from Ch. 48, par. 31.17-3
    820 ILCS 315/2from Ch. 48, par. 282