Bill Text: IL SB2437 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the First 2023 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB2437 Detail]

Download: Illinois-2023-SB2437-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2437 Introduced 2/10/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
See Index
Creates the First 2023 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.
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A BILL FOR
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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 2023 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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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

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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 102-692 through 102-1118 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 Sections 4.38 and 7 as follows:
(5 ILCS 80/4.38)
Sec. 4.38. Acts repealed on January 1, 2028. The following
Acts are repealed on January 1, 2028:
The Acupuncture Practice Act.
The Behavior Analyst Licensing Act.
The Clinical Social Work and Social Work Practice Act.
The Dietitian Nutritionist Practice Act.
The Elevator Safety and Regulation Act.
The Fire Equipment Distributor and Employee Regulation Act
of 2011.
The Funeral Directors and Embalmers Licensing Code.
The Home Medical Equipment and Services Provider License
Act.
The Illinois Petroleum Education and Marketing Act.

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The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Music Therapy Licensing and Practice Act.
The Naprapathic Practice Act.
The Nurse Practice Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Pharmacy Practice Act.
The Physician Assistant Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act.
The Wholesale Drug Distribution Licensing Act.
(Source: P.A. 102-715, eff. 4-29-22; 102-878, eff. 5-13-22;
102-879, eff. 5-13-22; 102-880, eff. 5-13-22; 102-881, eff.
5-13-22; 102-882, eff. 5-13-22; 102-945, eff. 5-27-22;
102-953, eff. 5-27-22; 102-993, eff. 5-27-22; revised
7-27-22.)
(5 ILCS 80/7) (from Ch. 127, par. 1907)
Sec. 7. Additional criteria.
(a) In determining whether to recommend to the General
Assembly under Section 5 the continuation of a regulatory
agency or program or any function thereof, the Governor shall
also consider the following criteria:

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(1) whether the absence or modification of regulation
would significantly harm or endanger the public health,
safety or welfare;
(2) whether there is a reasonable relationship between
the exercise of the State's police power and the
protection of the public health, safety or welfare;
(3) whether there is another less restrictive method
of regulation available which could adequately protect the
public;
(4) whether the regulation has the effect of directly
or indirectly increasing the costs of any goods or
services involved, and if so, to what degree;
(5) whether the increase in cost is more harmful to
the public than the harm which could result from the
absence of regulation; and
(6) whether all facets of the regulatory process are
designed solely for the purpose of, and have as their
primary effect, the protection of the public.
(b) In making an evaluation or recommendation with respect
to paragraph (3) of subsection (a), the Governor shall follow
the following guidelines to address the following:
(1) Contractual disputes, including pricing disputes.
The Governor may recommend enacting a specific civil cause
of action in small claims small-claims court or district
court to remedy consumer harm. This cause of action may
provide for reimbursement of the attorney's fees or court

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costs, if a consumer's claim is successful.
(2) Fraud. The Governor may recommend strengthening
powers under the State's deceptive trade practices acts or
requiring disclosures that will reduce misleading
attributes of the specific good or service.
(3) General health and safety risks. The Governor may
recommend enacting a regulation on the related process or
requiring a facility license.
(4) Unclean facilities. The Governor may recommend
requiring periodic facility inspections.
(5) A provider's failure to complete a contract fully
or to standards. The Governor may recommend requiring the
provider to be bonded.
(6) A lack of protection for a person who is not a
party to a contract between providers and consumers. The
Governor may recommend requiring that the provider have
insurance.
(7) Transactions with transient, out-of-state, or
fly-by-night providers. The Governor may recommend
requiring the provider register its business with the
Secretary of State.
(8) A shortfall or imbalance in the consumer's
knowledge about the good or service relative to the
provider's knowledge (asymmetrical information). The
Governor may recommend enacting government certification.
(9) An inability to qualify providers of new or highly

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specialized medical services for reimbursement by the
State. The Governor may recommend enacting a specialty
certification solely for medical reimbursement.
(10) A systematic information shortfall in which a
reasonable consumer of the service is permanently unable
to distinguish between the quality of providers and there
is an absence of institutions that provide guidance to
consumers. The Governor may recommend enacting an
occupational license.
(11) The need to address multiple types of harm. The
Governor may recommend a combination of regulations. This
may include a government regulation combined with a
private remedy, including third-party or consumer-created
ratings and reviews or private certification.
(Source: P.A. 102-984, eff. 1-1-23; revised 12-8-22.)
(5 ILCS 80/4.33 rep.)
Section 6. The Regulatory Sunset Act is amended by
repealing Section 4.33.
Section 10. The Illinois Administrative Procedure Act is
amended by setting forth, renumbering, and changing multiple
versions of Sections 5-45.21, 5-45.22, and 5-45.23 as follows:
(5 ILCS 100/5-45.21)
(Section scheduled to be repealed on April 19, 2023)

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Sec. 5-45.21. Emergency rulemaking; Mental Health and
Developmental Disabilities Administrative Act. To provide for
the expeditious and timely implementation of the changes made
to Section 74 of the Mental Health and Developmental
Disabilities Administrative Act by Public Act 102-699 this
amendatory Act of the 102nd General Assembly, emergency rules
implementing the changes made to Section 74 of the Mental
Health and Developmental Disabilities Administrative Act by
Public Act 102-699 this amendatory Act of the 102nd General
Assembly may be adopted in accordance with Section 5-45 by the
Department of Human Services or other department essential to
the implementation of the changes. The adoption of emergency
rules authorized by Section 5-45 and this Section is deemed to
be necessary for the public interest, safety, and welfare.
This Section is repealed on April 19, 2023 (one year after
the effective date of Public Act 102-699) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-699, eff. 4-19-22; revised 7-26-22.)
(5 ILCS 100/5-45.22)
(Section scheduled to be repealed on April 19, 2023)
Sec. 5-45.22. Emergency rulemaking; Illinois Public Aid
Code. To provide for the expeditious and timely implementation
of the changes made to Article 5 of the Illinois Public Aid
Code by Public Act 102-699 this amendatory Act of the 102nd
General Assembly, emergency rules implementing the changes

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made to Article 5 of the Illinois Public Aid Code by Public Act
102-699 this amendatory Act of the 102nd General Assembly may
be adopted in accordance with Section 5-45 by the Department
of Healthcare and Family Services or other department
essential to the implementation of the changes. The adoption
of emergency rules authorized by Section 5-45 and this Section
is deemed to be necessary for the public interest, safety, and
welfare.
This Section is repealed on April 19, 2023 (one year after
the effective date of Public Act 102-699) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-699, eff. 4-19-22; revised 7-26-22.)
(5 ILCS 100/5-45.23)
(Section scheduled to be repealed on April 19, 2023)
Sec. 5-45.23. Emergency rulemaking; medical services for
certain noncitizens. To provide for the expeditious and timely
implementation of the changes made to Article 12 of the
Illinois Public Aid Code by Public Act 102-699 this amendatory
Act of the 102nd General Assembly, emergency rules
implementing the changes made to Section 12-4.35 of the
Illinois Public Aid Code by Public Act 102-699 this amendatory
Act of the 102nd General Assembly may be adopted in accordance
with Section 5-45 by the Department of Healthcare and Family
Services. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the

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public interest, safety, and welfare.
This Section is repealed on April 19, 2023 (one year after
the effective date of Public Act 102-699) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-699, eff. 4-19-22; revised 7-26-22.)
(5 ILCS 100/5-45.28)
(Section scheduled to be repealed on April 19, 2023)
Sec. 5-45.28 5-45.21. Emergency rulemaking. To provide for
the expeditious and timely implementation of Public Act
102-700 this amendatory Act of the 102nd General Assembly,
emergency rules implementing Sections 208.5 and 212.1 of the
Illinois Income Tax Act 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 April 19, 2023 (one year after
the effective date of Public Act 102-700) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-700, eff. 4-19-22; revised 7-26-22.)
(5 ILCS 100/5-45.29)
Sec. 5-45.29 5-45.21. (Repealed).
(Source: P.A. 102-1035, eff. 5-31-22. Repealed internally,
eff. 9-30-22.)

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(5 ILCS 100/5-45.30)
(Section scheduled to be repealed on June 2, 2023)
Sec. 5-45.30 5-45.21. Emergency rulemaking; Certified
Nursing Assistant Intern Program; Department of Public Health.
To provide for the expeditious and timely implementation of
Public Act 102-1037 this amendatory Act of the 102nd General
Assembly, emergency rules implementing Section 2310-434 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois 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 June 2, 2023 (one year after
the effective date of Public Act 102-1037) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)
(5 ILCS 100/5-45.31)
(Section scheduled to be repealed on April 19, 2023)
Sec. 5-45.31 5-45.22. Emergency rulemaking. To provide for
the expeditious and timely implementation of Article 95 of
Public Act 102-700 this amendatory Act of the 102nd General
Assembly, emergency rules implementing Article 95 of Public
Act 102-700 this amendatory Act of the 102nd General Assembly

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may be adopted in accordance with Section 5-45 by the
Department of Agriculture. 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 April 19, 2023 (one year after
the effective date of Public Act 102-700) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-700, eff. 4-19-22; revised 7-26-22.)
(5 ILCS 100/5-45.32)
(Section scheduled to be repealed on June 2, 2023)
Sec. 5-45.32 5-45.22. Emergency rulemaking; Certified
Nursing Assistant Intern Program; Department of Healthcare and
Family Services. To provide for the expeditious and timely
implementation of Public Act 102-1037 this amendatory Act of
the 102nd General Assembly, emergency rules implementing
Section 5-5.01b 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 2, 2023 (one year after
the effective date of Public Act 102-1037) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)

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(5 ILCS 100/5-45.33)
(Section scheduled to be repealed on June 2, 2023)
Sec. 5-45.33 5-45.23. Emergency rulemaking; medical
services to noncitizens. To provide for the expeditious and
timely implementation of changes made by Public Act 102-1037
this amendatory Act of the 102nd General Assembly to Section
12-4.35 of the Illinois Public Aid Code, emergency rules
implementing the changes made by Public Act 102-1037 this
amendatory Act of the 102nd General Assembly to Section
12-4.35 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 2, 2023 (one year after
the effective date of Public Act 102-1037) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)
Section 15. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7)
(Text of Section before amendment by P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public

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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

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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

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witnesses to traffic accidents, traffic accident
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.

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(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.
(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

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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,

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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

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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

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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,

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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

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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 self insurance (including any

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intergovernmental risk management association or
self-insurance 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

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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 Sections 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

SB2437 - 25 - LRB103 26700 AMC 53063 b
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

SB2437 - 26 - LRB103 26700 AMC 53063 b
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

SB2437 - 27 - LRB103 26700 AMC 53063 b
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(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. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,

SB2437 - 28 - LRB103 26700 AMC 53063 b
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
12-13-22.)
(Text of Section after amendment by P.A. 102-982)
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

SB2437 - 29 - LRB103 26700 AMC 53063 b
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

SB2437 - 30 - LRB103 26700 AMC 53063 b
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

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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.
(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

SB2437 - 32 - LRB103 26700 AMC 53063 b
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

SB2437 - 33 - LRB103 26700 AMC 53063 b
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

SB2437 - 34 - LRB103 26700 AMC 53063 b
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

SB2437 - 35 - LRB103 26700 AMC 53063 b
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

SB2437 - 36 - LRB103 26700 AMC 53063 b
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.

SB2437 - 37 - LRB103 26700 AMC 53063 b
(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

SB2437 - 38 - LRB103 26700 AMC 53063 b
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 self insurance (including any
intergovernmental risk management association or
self-insurance 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

SB2437 - 39 - LRB103 26700 AMC 53063 b
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 Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate

SB2437 - 40 - LRB103 26700 AMC 53063 b
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

SB2437 - 41 - LRB103 26700 AMC 53063 b
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,

SB2437 - 42 - LRB103 26700 AMC 53063 b
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) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(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.

SB2437 - 43 - LRB103 26700 AMC 53063 b
(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. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 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; revised 12-13-22.)
Section 20. The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the

SB2437 - 44 - LRB103 26700 AMC 53063 b
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
Determinations of confidential employee status shall be based
on actual employee job duties and not solely on written job
descriptions.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act; (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective

SB2437 - 45 - LRB103 26700 AMC 53063 b
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit; (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the employees in an
appropriate bargaining unit; (iv) recognized as the exclusive
representative of personal assistants under Executive Order
2003-8 prior to July 16, 2003 (the effective date of Public Act
93-204), and the organization shall be considered to be the
exclusive representative of the personal assistants as defined
in this Section; or (v) recognized as the exclusive
representative of child and day care home providers, including
licensed and license exempt providers, pursuant to an election
held under Executive Order 2005-1 prior to January 1, 2006
(the effective date of Public Act 94-320), and the
organization shall be considered to be the exclusive
representative of the child and day care home providers as
defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire
fighters in an appropriate bargaining unit in accordance with

SB2437 - 46 - LRB103 26700 AMC 53063 b
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before January 1, 1986 (the effective
date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit, or (iii) after
January 1, 1986 (the effective date of this amendatory Act of
1985) recognized by an employer upon evidence, acceptable to
the Board, that the labor organization has been designated as
the exclusive representative by a majority of the peace
officers or fire fighters in an appropriate bargaining unit.
Where a historical pattern of representation exists for
the workers of a water system that was owned by a public
utility, as defined in Section 3-105 of the Public Utilities
Act, prior to becoming certified employees of a municipality
or municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate unit.
(g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any
of the employees in a collective bargaining unit are required
to pay their proportionate share of the costs of the

SB2437 - 47 - LRB103 26700 AMC 53063 b
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, including paramedics
employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid
on-call fire fighters, clerks and dispatchers or other
civilian employees of a fire department or fire protection
district who are not routinely expected to perform fire
fighter duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the Constitution
of the State of Illinois, and includes, but is not limited to,

SB2437 - 48 - LRB103 26700 AMC 53063 b
the House of Representatives, the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services, and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services, and
the Director of the Department of Labor; the county board in
the case of a county; the corporate authorities in the case of
a municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer, as the
case may be, and whose job duties require the person to
regularly communicate in the course of his or her employment
with any official or staff of the General Assembly of the State

SB2437 - 49 - LRB103 26700 AMC 53063 b
of Illinois for the purpose of influencing any legislative
action.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
Determination of managerial employee status shall be based on
actual employee job duties and not solely on written job
descriptions. With respect only to State employees in
positions under the jurisdiction of the Attorney General,
Secretary of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2, 2008,
(ii) for which a petition is filed with the Illinois Public
Labor Relations Board on or after April 5, 2013 (the effective
date of Public Act 97-1172), or (iii) for which a petition is
pending before the Illinois Public Labor Relations Board on
that date, "managerial employee" means an individual who is
engaged in executive and management functions or who is
charged with the effectuation of management policies and
practices or who represents management interests by taking or
recommending discretionary actions that effectively control or
implement policy. Nothing in this definition prohibits an
individual from also meeting the definition of "supervisor"
under subsection (r) of this Section.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a

SB2437 - 50 - LRB103 26700 AMC 53063 b
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons
are not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section
3-6012.1 of the Counties Code, temporary employees, traffic
guards or wardens, civilian parking meter and parking
facilities personnel or other individuals specially appointed
to aid or direct traffic at or near schools or public functions
or to aid in civil defense or disaster, parking enforcement
employees who are not commissioned as peace officers and who
are not armed and who are not routinely expected to effect
arrests, parking lot attendants, clerks and dispatchers or
other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather

SB2437 - 51 - LRB103 26700 AMC 53063 b
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or
a hospital, as distinguished from a general academic education
or from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of July 16, 2003 (the effective date of Public Act 93-204),
but not before, personal assistants working under the Home
Services Program under Section 3 of the Rehabilitation of
Persons with Disabilities Act, subject to the limitations set
forth in this Act and in the Rehabilitation of Persons with
Disabilities Act, (iii) as of January 1, 2006 (the effective
date of Public Act 94-320), but not before, child and day care

SB2437 - 52 - LRB103 26700 AMC 53063 b
home providers participating in the child care assistance
program under Section 9A-11 of the Illinois Public Aid Code,
subject to the limitations set forth in this Act and in Section
9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
2013 (the effective date of Public Act 97-1158), but not
before except as otherwise provided in this subsection (n),
home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act, no
matter whether the State provides those services through
direct fee-for-service arrangements, with the assistance of a
managed care organization or other intermediary, or otherwise,
(v) beginning on July 19, 2013 (the effective date of Public
Act 98-100) and notwithstanding any other provision of this
Act, any person employed by a public employer and who is
classified as or who holds the employment title of Chief
Stationary Engineer, Assistant Chief Stationary Engineer,
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, Plant Operating Engineer, and any other employee who
holds the position of: Civil Engineer V, Civil Engineer VI,
Civil Engineer VII, Technical Manager I, Technical Manager II,
Technical Manager III, Technical Manager IV, Technical Manager
V, Technical Manager VI, Realty Specialist III, Realty
Specialist IV, Realty Specialist V, Technical Advisor I,
Technical Advisor II, Technical Advisor III, Technical Advisor

SB2437 - 53 - LRB103 26700 AMC 53063 b
IV, or Technical Advisor V employed by the Department of
Transportation who is in a position which is certified in a
bargaining unit on or before July 19, 2013 (the effective date
of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
effective date of Public Act 98-100) and notwithstanding any
other provision of this Act, any mental health administrator
in the Department of Corrections who is classified as or who
holds the position of Public Service Administrator (Option
8K), any employee of the Office of the Inspector General in the
Department of Human Services who is classified as or who holds
the position of Public Service Administrator (Option 7), any
Deputy of Intelligence in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 7), and any employee of the Illinois
State Police who handles issues concerning the Illinois State
Police Sex Offender Registry and who is classified as or holds
the position of Public Service Administrator (Option 7), but
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; the Executive Inspectors General; any special
Executive Inspectors General; employees of each Office of an
Executive Inspector General; commissioners and employees of
the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector

SB2437 - 54 - LRB103 26700 AMC 53063 b
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on July 23, 2010 (the
effective date of Public Act 96-1257); managerial employees;
short-term employees; legislative liaisons; a person who is a
State employee under the jurisdiction of the Office of the
Attorney General who is licensed to practice law or whose
position authorizes, either directly or indirectly, meaningful
input into government decision-making on issues where there is
room for principled disagreement on goals or their
implementation; a person who is a State employee under the
jurisdiction of the Office of the Comptroller who holds the
position of Public Service Administrator or whose position is
otherwise exempt under the Comptroller Merit Employment Code;
a person who is a State employee under the jurisdiction of the
Secretary of State who holds the position classification of
Executive I or higher, whose position authorizes, either
directly or indirectly, meaningful input into government
decision-making on issues where there is room for principled

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disagreement on goals or their implementation, or who is
otherwise exempt under the Secretary of State Merit Employment
Code; employees in the Office of the Secretary of State who are
completely exempt from jurisdiction B of the Secretary of
State Merit Employment Code and who are in Rutan-exempt
positions on or after April 5, 2013 (the effective date of
Public Act 97-1172); a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency
Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee
of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position

SB2437 - 56 - LRB103 26700 AMC 53063 b
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including, but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers
who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971.
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided
for in Public Act 94-320, including, but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of

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captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government
or school district; authorities including departments,
divisions, bureaus, boards, commissions, or other agencies of
the foregoing entities; and any person acting within the scope
of his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of July 16, 2003
(the effective date of Public Act 93-204), but not before, the
State of Illinois shall be considered the employer of the
personal assistants working under the Home Services Program
under Section 3 of the Rehabilitation of Persons with
Disabilities Act, subject to the limitations set forth in this
Act and in the Rehabilitation of Persons with Disabilities
Act. As of January 29, 2013 (the effective date of Public Act
97-1158), but not before except as otherwise provided in this
subsection (o), the State shall be considered the employer of
home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act, no
matter whether the State provides those services through
direct fee-for-service arrangements, with the assistance of a
managed care organization or other intermediary, or otherwise,

SB2437 - 58 - LRB103 26700 AMC 53063 b
but subject to the limitations set forth in this Act and the
Rehabilitation of Persons with Disabilities Act. The State
shall not be considered to be the employer of home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, for any
purposes not specifically provided for in Public Act 93-204 or
Public Act 97-1158, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Home care and home
health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act shall not be
covered by the State Employees Group Insurance Act of 1971. As
of January 1, 2006 (the effective date of Public Act 94-320),
but not before, the State of Illinois shall be considered the
employer of the day and child care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code. The State shall not be considered to
be the employer of child and day care home providers for any
purposes not specifically provided for in Public Act 94-320,
including, but not limited to, purposes of vicarious liability

SB2437 - 59 - LRB103 26700 AMC 53063 b
in tort and purposes of statutory retirement or health
insurance benefits. Child and day care home providers shall
not be covered by the State Employees Group Insurance Act of
1971.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except
with respect to a school district in the employment of peace
officers in its own police department in existence on July 23,
2010 (the effective date of Public Act 96-1257). County boards
and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection (o)
shall be construed to prevent the State Panel or the Local
Panel from determining that employers are joint or
co-employers.

SB2437 - 60 - LRB103 26700 AMC 53063 b
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd
judicial circuits, a group consisting of the chief judges
of those circuits, acting jointly by majority vote, is the
public employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during

SB2437 - 61 - LRB103 26700 AMC 53063 b
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Illinois State Police Merit
Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially
different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those
actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,
State supervisors notwithstanding. Determinations of
supervisor status shall be based on actual employee job
duties and not solely on written job descriptions. Nothing

SB2437 - 62 - LRB103 26700 AMC 53063 b
in this definition prohibits an individual from also
meeting the definition of "managerial employee" under
subsection (j) of this Section. In addition, in
determining supervisory status in police employment, rank
shall not be determinative. The Board shall consider, as
evidence of bargaining unit inclusion or exclusion, the
common law enforcement policies and relationships between
police officer ranks and certification under applicable
civil service law, ordinances, personnel codes, or
Division 2.1 of Article 10 of the Illinois Municipal Code,
but these factors shall not be the sole or predominant
factors considered by the Board in determining police
supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under
Section 9 of this Act. Further, in fire fighter units,
employees shall consist of fire fighters of the highest
rank of company officer and below. A company officer may
be responsible for multiple companies or apparatus on a
shift, multiple stations, or an entire shift. There may be
more than one company officer per shift. If a company
officer otherwise qualifies as a supervisor under the
preceding paragraph, however, he or she shall not be
included in the fire fighter unit. If there is no rank

SB2437 - 63 - LRB103 26700 AMC 53063 b
between that of chief and the highest company officer, the
employer may designate a position on each shift as a Shift
Commander, and the persons occupying those positions shall
be supervisors. All other ranks above that of the highest
company officer shall be supervisors.
(2) With respect only to State employees in positions
under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2,
2008, (ii) for which a petition is filed with the Illinois
Public Labor Relations Board on or after April 5, 2013
(the effective date of Public Act 97-1172), or (iii) for
which a petition is pending before the Illinois Public
Labor Relations Board on that date, an employee who
qualifies as a supervisor under (A) Section 152 of the
National Labor Relations Act and (B) orders of the
National Labor Relations Board interpreting that provision
or decisions of courts reviewing decisions of the National
Labor Relations Board.
(s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, a bargaining unit determined by the Board shall

SB2437 - 64 - LRB103 26700 AMC 53063 b
not include both employees and supervisors, or supervisors
only, except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on July 1,
1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois State Police, a
bargaining unit determined by the Board shall not include both
supervisors and nonsupervisors, or supervisors only, except as
provided in paragraph (2) of this subsection (s) and except
for bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor organization
or labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of
the Department of Natural Resources (formerly designated the
Department of Conservation) shall contain no employees other
than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from

SB2437 - 65 - LRB103 26700 AMC 53063 b
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined
in the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by
all other judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

SB2437 - 66 - LRB103 26700 AMC 53063 b
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
Section 25. The Illinois Governmental Ethics Act is
amended by changing Section 2-104 as follows:
(5 ILCS 420/2-104) (from Ch. 127, par. 602-104)
Sec. 2-104. No legislator may accept or participate in any
way in any representation case, as that term is defined in
Section 1-113, before (1) the Court of Claims of this State or
(2) before the Illinois Workers' Compensation Commission, when
the State of Illinois is the respondent.
This Section does not prohibit participation in such a
representation case by a person with whom the legislator
maintains a close economic association, unless the fact of
that association is used to influence or attempt to influence
the State agency in the rendering of its decision.
A violation of this Section is a Class A misdemeanor.
(Source: P.A. 93-721, eff. 1-1-05; revised 6-13-22.)
Section 30. The Illinois TRUST Act is amended by changing
Sections 10 and 15 as follows:

SB2437 - 67 - LRB103 26700 AMC 53063 b
(5 ILCS 805/10)
Sec. 10. Definitions. In this Act:
"Citizenship or immigration status" means all matters
regarding citizenship of the United States or any other
country or the authority to reside in or otherwise be present
in the United States.
"Civil immigration warrant" means any document that is not
approved or ordered by a judge that can form the basis for an
individual's arrest or detention for a civil immigration
enforcement purpose. "Civil immigration warrant" includes Form
I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to
Detain or Release Alien", Form I-205 "Warrant of
Removal/Deportation", Form I-286 "Notice of Custody
Determination", any predecessor or successor form, and all
warrants, hits, or requests contained in the "Immigration
Violator File" of the FBI's National Crime Information Center
(NCIC) database. "Civil immigration warrant" does not include
any criminal warrant.
"Contact information" means home address, work address,
telephone number, electronic mail address, social media
information, or any other personal identifying information
that could be used as a means to contact an individual.
"Immigration agent" means an agent of federal Immigration
and Customs Enforcement, federal Customs and Border
Protection, or any similar or successor agency.

SB2437 - 68 - LRB103 26700 AMC 53063 b
"Immigration detainer" means a request to a State or local
law enforcement agency to provide notice of release or
maintain custody of an individual based on an alleged
violation of a civil immigration law, including detainers
issued under Sections 1226 or 1357 of Title 8 of the United
States Code or 287.7 or 236.1 of Title 8 of the Code of Federal
Regulations. "Immigration detainer" includes Form I-247A
"Immigration Detainer – Notice of Action" and any predecessor
or successor form.
"Law enforcement agency" means an agency of the State or
of a unit of local government charged with enforcement of
State, county, or municipal laws or with managing custody of
detained persons in the State.
"Law enforcement official" means any individual with the
power to arrest or detain individuals, including law
enforcement officers, corrections officers officer, and others
employed or designated by a law enforcement agency. "Law
enforcement official" includes any probation officer.
(Source: P.A. 102-234, eff. 8-2-21; revised 9-13-22.)
(5 ILCS 805/15)
Sec. 15. Prohibition on enforcing federal civil
immigration laws.
(a) A law enforcement agency or law enforcement official
shall not detain or continue to detain any individual solely
on the basis of any immigration detainer or civil immigration

SB2437 - 69 - LRB103 26700 AMC 53063 b
warrant or otherwise comply with an immigration detainer or
civil immigration warrant.
(b) A law enforcement agency or law enforcement official
shall not stop, arrest, search, detain, or continue to detain
a person solely based on an individual's citizenship or
immigration status.
(c) (Blank).
(d) A law enforcement agency or law enforcement official
acting in good faith in compliance with this Section who
releases a person subject to an immigration detainer or civil
immigration warrant shall have immunity from any civil or
criminal liability that might otherwise occur as a result of
making the release, with the exception of willful or wanton
misconduct.
(e) A law enforcement agency or law enforcement official
may not inquire about or investigate the citizenship or
immigration status or place of birth of any individual in the
agency or official's custody or who has otherwise been stopped
or detained by the agency or official. Nothing in this
subsection shall be construed to limit the ability of a law
enforcement agency or law enforcement official, pursuant to
State or federal law, to notify a person in the law enforcement
agency's custody about that person's right to communicate with
consular officers from that person's country of nationality,
or facilitate such communication, in accordance with the
Vienna Convention on Consular Relations or other bilateral

SB2437 - 70 - LRB103 26700 AMC 53063 b
agreements. Nothing in this subsection shall be construed to
limit the ability of a law enforcement agency or law
enforcement official to request evidence of citizenship or
immigration status pursuant to the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
Article 24 of the Criminal Code of 2012, or 18 United States
Code Sections 921 through 931.
(f) Unless otherwise limited by federal law, a law
enforcement agency or law enforcement official may not deny
services, benefits, privileges, or opportunities to an
individual in custody or under probation status, including,
but not limited to, eligibility for or placement in a lower
custody classification, educational, rehabilitative, or
diversionary programs, on the basis of the individual's
citizenship or immigration status, the issuance of an
immigration detainer or civil immigration warrant against the
individual, or the individual being in immigration removal
proceedings.
(g)(1) No law enforcement agency, law enforcement
official, or any unit of State or local government may enter
into or renew any contract, intergovernmental service
agreement, or any other agreement to house or detain
individuals for federal civil immigration violations.
(2) Any law enforcement agency, law enforcement official,
or unit of State or local government with an existing
contract, intergovernmental agreement, or other agreement,

SB2437 - 71 - LRB103 26700 AMC 53063 b
whether in whole or in part, that is utilized to house or
detain individuals for civil immigration violations shall
exercise the termination provision in the agreement as applied
to housing or detaining individuals for civil immigration
violations no later than January 1, 2022.
(h) Unless presented with a federal criminal warrant, or
otherwise required by federal law, a law enforcement agency or
official may not:
(1) participate, support, or assist in any capacity
with an immigration agent's enforcement operations,
including any collateral assistance such as coordinating
an arrest in a courthouse or other public facility,
providing use of any equipment, transporting any
individuals, or establishing a security or traffic
perimeter surrounding such operations, or any other
on-site support;
(2) give any immigration agent access, including by
telephone, to any individual who is in that agency's
custody;
(3) transfer any person into an immigration agent's
custody;
(4) permit immigration agents use of agency facilities
or equipment, including any agency electronic databases
not available to the public, for investigative interviews
or other investigative or immigration enforcement purpose;
(5) enter into or maintain any agreement regarding

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direct access to any electronic database or other
data-sharing platform maintained by any law enforcement
agency, or otherwise provide such direct access to the
U.S. Immigration and Customs Enforcement, United States
Customs and Border Protection or any other federal entity
enforcing civil immigration violations;
(6) provide information in response to any immigration
agent's inquiry or request for information regarding any
individual in the agency's custody; or
(7) provide to any immigration agent information not
otherwise available to the public relating to an
individual's release or contact information, or otherwise
facilitate for an immigration agent to apprehend or
question an individual for immigration enforcement.
(i) Nothing in this Section shall preclude a law
enforcement official from otherwise executing that official's
duties in investigating violations of criminal law and
cooperating in such investigations with federal and other law
enforcement agencies (including criminal investigations
conducted by federal Homeland Security Investigations (HSI))
in order to ensure public safety.
(Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)
Section 35. The First Responders Suicide Prevention Act is
amended by changing Section 40 as follows:

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(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

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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

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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
non-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

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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 Mobil Training Units (MTUs).
(3) Incorporating a state certificate for peer support
training into already 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

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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; revised 8-8-22.)
Section 40. The Election Code is amended by changing
Sections 7-13, 7-16, 7-42, 7-43, 7-59, 7-61, 8-8, 10-14, 16-3,
and 16-5.01 as follows:
(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)

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Sec. 7-13. The board of election commissioners in cities
of 500,000 or more population having such board, shall
constitute an electoral board for the hearing and passing upon
objections to nomination petitions for ward committeepersons.
Except as otherwise provided in this Code, such objections
shall be filed in the office of the county clerk within 5
business days after the last day for filing nomination papers.
The objection shall state the name and address of the
objector, who may be any qualified elector in the ward, the
specific grounds of objection and the relief requested of the
electoral board. Upon the receipt of the objection, the county
clerk shall forthwith transmit such objection and the petition
of the candidate to the board of election commissioners. The
board of election commissioners shall forthwith notify the
objector and candidate objected to of the time and place for
hearing hereon. After a hearing upon the validity of such
objections, the board shall certify to the county clerk its
decision stating whether or not the name of the candidate
shall be printed on the ballot and the county clerk in his or
her certificate to the board of election commissioners shall
leave off of the certificate the name of the candidate for ward
committeeperson that the election commissioners order not to
be printed on the ballot. However, the decision of the board of
election commissioners is subject to judicial review as
provided in Section 10-10.1.
The county electoral board composed as provided in Section

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10-9 shall constitute an electoral board for the hearing and
passing upon objections to nomination petitions for precinct
and township committeepersons. Such objections shall be filed
in the office of the county clerk within 5 business days after
the last day for filing nomination papers. The objection shall
state the name and address of the objector who may be any
qualified elector in the precinct or in the township or part of
a township that lies outside of a city having a population of
500,000 or more, the specific grounds of objection and the
relief requested of the electoral board. Upon the receipt of
the objection the county clerk shall forthwith transmit such
objection and the petition of the candidate to the chair of the
county electoral board. The chair of the county electoral
board shall forthwith notify the objector, the candidate whose
petition is objected to and the other members of the electoral
board of the time and place for hearing thereon. After hearing
upon the validity of such objections the board shall certify
its decision to the county clerk stating whether or not the
name of the candidate shall be printed on the ballot, and the
county clerk, in his or her certificate to the board of
election commissioners, shall leave off of the certificate the
name of the candidate ordered by the board not to be printed on
the ballot, and the county clerk shall also refrain from
printing on the official primary ballot, the name of any
candidate whose name has been ordered by the electoral board
not to be printed on the ballot. However, the decision of the

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board is subject to judicial review as provided in Section
10-10.1.
In such proceedings the electoral boards have the same
powers as other electoral boards under the provisions of
Section 10-10 of this Code Act and their decisions are subject
to judicial review under Section 10-10.1.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
(10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
Sec. 7-16. Each election authority in each county shall
prepare and cause to be printed the primary ballot of each
political party for each precinct in his respective
jurisdiction.
Except as otherwise provided in this Code, the election
authority shall, at least 45 days prior to the date of the
primary election, have a sufficient number of ballots printed
so that such ballots will be available for mailing 45 days
prior to the primary election to persons who have filed
application for a ballot under the provisions of Article 20 of
this Code Act.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
(10 ILCS 5/7-42) (from Ch. 46, par. 7-42)
Sec. 7-42. (a) Any person entitled to vote at such primary
shall, on the day of such primary, with the consent of his
employer, be entitled to absent himself from any service or

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employment in which he is then engaged or employed for a period
of 2 two hours between the time of opening and closing the
polls. The employer may specify the hours during which said
employee employe may absent himself.
(b) Beginning the 15th day before the primary election or
on the day of the primary election, any student entitled to
vote at such primary shall be entitled to be absent from school
for a period of 2 hours during the school day in order to vote.
The school may specify the hours during which the eligible
student may be absent. A student who is absent from school
under this subsection (b) is not considered absent for the
purpose of calculating enrollment under Section 18-8.15 of the
School Code.
(Source: P.A. 101-624, eff. 6-1-20; revised 8-23-22.)
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
Sec. 7-43. Every person having resided in this State 6
months and in the precinct 30 days next preceding any primary
therein who shall be a citizen of the United States of the age
of 18 or more years shall be entitled to vote at such primary.
The following regulations shall be applicable to
primaries:
No person shall be entitled to vote at a primary:
(a) Unless he declares his party affiliations as
required by this Article.
(b) (Blank).

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(c) (Blank).
(c.5) If that person has participated in the town
political party caucus, under Section 45-50 of the
Township Code, of another political party by signing
an affidavit of voters attending the caucus within 45
days before the first day of the calendar month in
which the primary is held.
(d) (Blank).
In cities, villages, and incorporated towns having a
board of election commissioners, only voters registered as
provided by Article 6 of this Code Act shall be entitled to
vote at such primary.
No person shall be entitled to vote at a primary
unless he is registered under the provisions of Article
Articles 4, 5, or 6 of this Code Act, when his registration
is required by any of said Articles to entitle him to vote
at the election with reference to which the primary is
held.
A person (i) who filed a statement of candidacy for a
partisan office as a qualified primary voter of an established
political party or (ii) who voted the ballot of an established
political party at a general primary election may not file a
statement of candidacy as a candidate of a different
established political party, a new political party, or as an
independent candidate for a partisan office to be filled at
the general election immediately following the general primary

SB2437 - 83 - LRB103 26700 AMC 53063 b
for which the person filed the statement or voted the ballot. A
person may file a statement of candidacy for a partisan office
as a qualified primary voter of an established political party
regardless of any prior filing of candidacy for a partisan
office or voting the ballot of an established political party
at any prior election.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
Sec. 7-59. (a) The person receiving the highest number of
votes at a primary as a candidate of a party for the nomination
for an office shall be the candidate of that party for such
office, and his name as such candidate shall be placed on the
official ballot at the election then next ensuing; provided,
that where there are 2 two or more persons to be nominated for
the same office or board, the requisite number of persons
receiving the highest number of votes shall be nominated, and
their names shall be placed on the official ballot at the
following election.
Except as otherwise provided by Section 7-8 of this Code
Act, the person receiving the highest number of votes of his
party for State central committeeperson of his congressional
district shall be declared elected State central
committeeperson from said congressional district.
Unless a national political party specifies that delegates
and alternate delegates to a National nominating convention be

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allocated by proportional selection representation according
to the results of a Presidential preference primary, the
requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to
National nominating conventions from the State at large, and
the requisite number of persons receiving the highest number
of votes of their party for delegates and alternate delegates
to National nominating conventions in their respective
congressional districts shall be declared elected delegates
and alternate delegates to the National nominating conventions
of their party.
A political party which elects the members to its State
Central Committee by Alternative B under paragraph (a) of
Section 7-8 shall select its congressional district delegates
and alternate delegates to its national nominating convention
by proportional selection representation according to the
results of a Presidential preference primary in each
congressional district in the manner provided by the rules of
the national political party and the State Central Committee,
when the rules and policies of the national political party so
require.
A political party which elects the members to its State
Central Committee by Alternative B under paragraph (a) of
Section 7-8 shall select its at large delegates and alternate
delegates to its national nominating convention by
proportional selection representation according to the results

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of a Presidential preference primary in the whole State in the
manner provided by the rules of the national political party
and the State Central Committee, when the rules and policies
of the national political party so require.
The person receiving the highest number of votes of his
party for precinct committeeperson of his precinct shall be
declared elected precinct committeeperson from said precinct.
The person receiving the highest number of votes of his
party for township committeeperson of his township or part of
a township as the case may be, shall be declared elected
township committeeperson from said township or part of a
township as the case may be. In cities where ward
committeepersons are elected, the person receiving the highest
number of votes of his party for ward committeeperson of his
ward shall be declared elected ward committeeperson from said
ward.
When 2 two or more persons receive an equal and the highest
number of votes for the nomination for the same office or for
committeeperson of the same political party, or where more
than one person of the same political party is to be nominated
as a candidate for office or committeeperson, if it appears
that more than the number of persons to be nominated for an
office or elected committeeperson have the highest and an
equal number of votes for the nomination for the same office or
for election as committeeperson, the election authority by
which the returns of the primary are canvassed shall decide by

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lot which of said persons shall be nominated or elected, as the
case may be. In such case the election authority shall issue
notice in writing to such persons of such tie vote stating
therein the place, the day (which shall not be more than 5 days
thereafter) and the hour when such nomination or election
shall be so determined.
(b) Except as otherwise provided in this Code, write-in
votes shall be counted only for persons who have filed
notarized declarations of intent to be write-in candidates
with the proper election authority or authorities not later
than 61 days prior to the primary. However, whenever an
objection to a candidate's nominating papers or petitions for
any office is sustained under Section 10-10 after the 61st day
before the election, then write-in votes shall be counted for
that candidate if he or she has filed a notarized declaration
of intent to be a write-in candidate for that office with the
proper election authority or authorities not later than 7 days
prior to the election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities. Such
declaration shall specify the office for which the person
seeks nomination or election as a write-in candidate.
The election authority or authorities shall deliver a list
of all persons who have filed such declarations to the
election judges in the appropriate precincts prior to the
primary.

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(c) (1) Notwithstanding any other provisions of this
Section, where the number of candidates whose names have been
printed on a party's ballot for nomination for or election to
an office at a primary is less than the number of persons the
party is entitled to nominate for or elect to the office at the
primary, a person whose name was not printed on the party's
primary ballot as a candidate for nomination for or election
to the office, is not nominated for or elected to that office
as a result of a write-in vote at the primary unless the number
of votes he received equals or exceeds the number of
signatures required on a petition for nomination for that
office; or unless the number of votes he receives exceeds the
number of votes received by at least one of the candidates
whose names were printed on the primary ballot for nomination
for or election to the same office.
(2) Paragraph (1) of this subsection does not apply where
the number of candidates whose names have been printed on the
party's ballot for nomination for or election to the office at
the primary equals or exceeds the number of persons the party
is entitled to nominate for or elect to the office at the
primary.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
Sec. 7-61. Whenever a special election is necessary, the
provisions of this Article are applicable to the nomination of

SB2437 - 88 - LRB103 26700 AMC 53063 b
candidates to be voted for at such special election.
In cases where a primary election is required, the officer
or board or commission whose duty it is under the provisions of
this Code Act relating to general elections to call an
election, shall fix a date for the primary for the nomination
of candidates to be voted for at such special election. Notice
of such primary shall be given at least 15 days prior to the
maximum time provided for the filing of petitions for such a
primary as provided in Section 7-12.
Any vacancy in nomination under the provisions of this
Article 7 occurring on or after the primary and prior to
certification of candidates by the certifying board or
officer, must be filled prior to the date of certification.
Any vacancy in nomination occurring after certification but
prior to 15 days before the general election shall be filled
within 8 days after the event creating the vacancy. The
resolution filling the vacancy shall be sent by U. S. mail or
personal delivery to the certifying officer or board within 3
days of the action by which the vacancy was filled; provided,
if such resolution is sent by mail and the U. S. postmark on
the envelope containing such resolution is dated prior to the
expiration of such 3-day 3 day limit, the resolution shall be
deemed filed within such 3-day 3 day limit. Failure to so
transmit the resolution within the time specified in this
Section shall authorize the certifying officer or board to
certify the original candidate. Vacancies shall be filled by

SB2437 - 89 - LRB103 26700 AMC 53063 b
the officers of a local municipal or township political party
as specified in subsection (h) of Section 7-8, other than a
statewide political party, that is established only within a
municipality or township and the managing committee (or
legislative committee in case of a candidate for State Senator
or representative committee in the case of a candidate for
State Representative in the General Assembly or State central
committee in the case of a candidate for statewide office,
including, but not limited to, the office of United States
Senator) of the respective political party for the territorial
area in which such vacancy occurs.
The resolution to fill a vacancy in nomination shall be
duly acknowledged before an officer qualified to take
acknowledgments acknowledgements of deeds and shall include,
upon its face, the following information:
(a) the name of the original nominee and the office
vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to
fill the vacancy and the date of selection.
The resolution to fill a vacancy in nomination shall be
accompanied by a Statement of Candidacy, as prescribed in
Section 7-10, completed by the selected nominee and a receipt
indicating that such nominee has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
The provisions of Section 10-8 through 10-10.1 relating to

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objections to certificates of nomination and nomination
papers, hearings on objections, and judicial review, shall
apply to and govern objections to resolutions for filling a
vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before
the consolidated election or the general election shall not be
filled. In this event, the certification of the original
candidate shall stand and his name shall appear on the
official ballot to be voted at the general election.
A vacancy in nomination occurs when a candidate who has
been nominated under the provisions of this Article 7 dies
before the election (whether death occurs prior to, on or
after the day of the primary), or declines the nomination;
provided that nominations may become vacant for other reasons.
If the name of no established political party candidate
was printed on the consolidated primary ballot for a
particular office and if no person was nominated as a write-in
candidate for such office, a vacancy in nomination shall be
created which may be filled in accordance with the
requirements of this Section. Except as otherwise provided in
this Code, if the name of no established political party
candidate was printed on the general primary ballot for a
particular office and if no person was nominated as a write-in
candidate for such office, a vacancy in nomination shall be
filled only by a person designated by the appropriate
committee of the political party and only if that designated

SB2437 - 91 - LRB103 26700 AMC 53063 b
person files nominating petitions with the number of
signatures required for an established party candidate for
that office within 75 days after the day of the general
primary. The circulation period for those petitions begins on
the day the appropriate committee designates that person. The
person shall file his or her nominating petitions, statements
of candidacy, notice of appointment by the appropriate
committee, and receipt of filing his or her statement of
economic interests together. These documents shall be filed at
the same location as provided in Section 7-12. The electoral
boards having jurisdiction under Section 10-9 to hear and pass
upon objections to nominating petitions also shall hear and
pass upon objections to nomination petitions filed by
candidates under this paragraph.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at such primary election, is
ineligible to be listed on the ballot at that general or
consolidated election as a candidate of another political
party.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as a candidate
of another political party.

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In the proceedings to nominate a candidate to fill a
vacancy or to fill a vacancy in the nomination, each precinct,
township, ward, county, or congressional district, as the case
may be, shall, through its representative on such central or
managing committee, be entitled to one vote for each ballot
voted in such precinct, township, ward, county, or
congressional district, as the case may be, by the primary
electors of its party at the primary election immediately
preceding the meeting at which such vacancy is to be filled.
For purposes of this Section, the words "certify" and
"certification" shall refer to the act of officially declaring
the names of candidates entitled to be printed upon the
official ballot at an election and directing election
authorities to place the names of such candidates upon the
official ballot. "Certifying officers or board" shall refer to
the local election official, the election authority, or the
State Board of Elections, as the case may be, with whom
nomination papers, including certificates of nomination and
resolutions to fill vacancies in nomination, are filed and
whose duty it is to "certify" candidates.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
Sec. 8-8. Form of petition for nomination. The name of no
candidate for nomination shall be printed upon the primary
ballot unless a petition for nomination shall have been filed

SB2437 - 93 - LRB103 26700 AMC 53063 b
in his behalf as provided for in this Section. Each such
petition shall include as a part thereof the oath required by
Section 7-10.1 of this Code Act and a statement of candidacy by
the candidate filing or in whose behalf the petition is filed.
This statement shall set out the address of such candidate
and , the office for which he is a candidate; , shall state that
the candidate is a qualified primary voter of the party to
which the petition relates, is qualified for the office
specified, and has filed a statement of economic interests as
required by the Illinois Governmental Ethics Act; , shall
request that the candidate's name be placed upon the official
ballot; and shall be subscribed and sworn by such candidate
before some officer authorized to take acknowledgment of deeds
in this State and may be in substantially the following form:
State of Illinois)
) ss.
County ..........)
I, ...., being first duly sworn, say that I reside at ....
street in the city (or village of) .... in the county of ....
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of .... party; that I am a candidate
for nomination to the office of .... to be voted upon at the
primary election to be held on (insert date); that I am legally
qualified to hold such office and that I have filed a statement
of economic interests as required by the Illinois Governmental
Ethics Act and I hereby request that my name be printed upon

SB2437 - 94 - LRB103 26700 AMC 53063 b
the official primary ballot for nomination for such office.
Signed ....................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed .... (Official Character)
(Seal if officer has one.)
The receipt issued by the Secretary of State indicating
that the candidate has filed the statement of economic
interests required by the Illinois Governmental Ethics Act
must be filed with the petitions for nomination as provided in
subsection (8) of Section 7-12 of this Code.
Except as otherwise provided in this Code, all petitions
for nomination for the office of State Senator shall be signed
by at least 1,000 but not more than 3,000 of the qualified
primary electors of the candidate's party in his legislative
district.
Except as otherwise provided in this Code, all petitions
for nomination for the office of Representative in the General
Assembly shall be signed by at least 500 but not more than
1,500 of the qualified primary electors of the candidate's
party in his or her representative district.
Opposite the signature of each qualified primary elector
who signs a petition for nomination for the office of State
Representative or State Senator such elector's residence
address shall be written or printed. The residence address
required to be written or printed opposite each qualified

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primary elector's name shall include the street address or
rural route number of the signer, as the case may be, as well
as the signer's county and city, village, or town.
For the purposes of this Section, the number of primary
electors shall be determined by taking the total vote cast, in
the applicable district, for the candidate for such political
party who received the highest number of votes, state-wide, at
the last general election in the State at which electors for
President of the United States were elected.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
In the affidavit at the bottom of each sheet, the petition
circulator, who shall be a person 18 years of age or older who
is a citizen of the United States, shall state his or her
street address or rural route number, as the case may be, as
well as his or her county, city, village or town, and state;
and shall certify that the signatures on that sheet of the
petition were signed in his or her presence; and shall certify
that the signatures are genuine; and shall certify that, to
the best of his or her knowledge and belief, the persons so
signing were at the time of signing the petition qualified
primary voters for which the nomination is sought.
In the affidavit at the bottom of each petition sheet, the
petition circulator shall either (1) indicate the dates on
which he or she circulated that sheet, or (2) indicate the

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first and last dates on which the sheet was circulated, or (3)
for elections where the petition circulation period is 90
days, certify that none of the signatures on the sheet were
signed more than 90 days preceding the last day for the filing
of the petition, or (4) for the 2022 general primary election
only, certify that the signatures on the sheet were signed
during the period of January 13, 2022 through March 14, 2022 or
certify that the signatures on the sheet were signed during
the period of January 13, 2022 through the date on which this
statement was sworn or affirmed to. No petition sheet shall be
circulated more than 90 days preceding the last day provided
in Section 8-9 for the filing of such petition.
All petition sheets which are filed with the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.

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(Source: P.A. 102-15, eff. 6-17-21; 102-692, eff. 1-7-22;
revised 2-28-22.)
(10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
Sec. 10-14. Except as otherwise provided in this Code, not
less than 74 days before the date of the general election the
State Board of Elections shall certify to the county clerk of
each county the name of each candidate whose nomination
papers, certificate of nomination, or resolution to fill a
vacancy in nomination has been filed with the State Board of
Elections and direct the county clerk to place upon the
official ballot for the general election the names of such
candidates in the same manner and in the same order as shown
upon the certification. The name of no candidate for an office
to be filled by the electors of the entire state shall be
placed upon the official ballot unless his name is duly
certified to the county clerk upon a certificate signed by the
members of the State Board of Elections. The names of group
candidates on petitions shall be certified to the several
county clerks in the order in which such names appear on such
petitions filed with the State Board of Elections.
Except as otherwise provided in this Code, not less than
68 days before the date of the general election, each county
clerk shall certify the names of each of the candidates for
county offices whose nomination papers, certificates of
nomination, or resolutions to fill a vacancy in nomination

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have been filed with such clerk and declare that the names of
such candidates for the respective offices shall be placed
upon the official ballot for the general election in the same
manner and in the same order as shown upon the certification.
Each county clerk shall place a copy of the certification on
file in his or her office and at the same time issue to the
State Board of Elections a copy of such certification. In
addition, each county clerk in whose county there is a board of
election commissioners shall, not less than 69 days before the
election, certify to the board of election commissioners the
name of the person or persons nominated for such office as
shown by the certificate of the State Board of Elections,
together with the names of all other candidates as shown by the
certification of county officers on file in the clerk's
office, and in the order so certified. The county clerk or
board of election commissioners shall print the names of the
nominees on the ballot for each office in the order in which
they are certified to or filed with the county clerk;
provided, that in printing the name of nominees for any
office, if any of such nominees have also been nominated by one
or more political parties pursuant to this Code Act, the
location of the name of such candidate on the ballot for
nominations made under this Article shall be precisely in the
same order in which it appears on the certification of the
State Board of Elections to the county clerk.
For the general election, the candidates of new political

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parties shall be placed on the ballot for said election after
the established political party candidates and in the order of
new political party petition filings.
Each certification shall indicate, where applicable, the
following:
(1) The political party affiliation, if any, of the
candidates for the respective offices;
(2) If there is to be more than one candidate elected
to an office from the State, political subdivision, or
district;
(3) If the voter has the right to vote for more than
one candidate for an office;
(4) The term of office, if a vacancy is to be filled
for less than a full term or if the offices to be filled in
a political subdivision are for different terms.
The State Board of Elections or the county clerk, as the
case may be, shall issue an amended certification whenever it
is discovered that the original certification is in error.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
Sec. 16-3. (a) The names of all candidates to be voted for
in each election district or precinct shall be printed on one
ballot, except as is provided in Sections 16-6.1 and 21-1.01
of this Code Act and except as otherwise provided in this Code
Act with respect to the odd year regular elections and the

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emergency referenda; all nominations of any political party
being placed under the party appellation or title of such
party as designated in the certificates of nomination or
petitions. The names of all independent candidates shall be
printed upon the ballot in a column or columns under the
heading "independent" arranged under the names or titles of
the respective offices for which such independent candidates
shall have been nominated and so far as practicable, the name
or names of any independent candidate or candidates for any
office shall be printed upon the ballot opposite the name or
names of any candidate or candidates for the same office
contained in any party column or columns upon said ballot. The
ballot shall contain no other names, except that in cases of
electors for President and Vice-President of the United
States, the names of the candidates for President and
Vice-President may be added to the party designation and words
calculated to aid the voter in his choice of candidates may be
added, such as "Vote for one," "Vote for not more than three."
If no candidate or candidates file for an office and if no
person or persons file a declaration as a write-in candidate
for that office, then below the title of that office the
election authority instead shall print "No Candidate". When an
electronic voting system is used which utilizes a ballot label
booklet, the candidates and questions shall appear on the
pages of such booklet in the order provided by this Code; and,
in any case where candidates for an office appear on a page

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which does not contain the name of any candidate for another
office, and where less than 50% of the page is utilized, the
name of no candidate shall be printed on the lowest 25% of such
page. On the back or outside of the ballot, so as to appear
when folded, shall be printed the words "Official Ballot",
followed by the designation of the polling place for which the
ballot is prepared, the date of the election and a facsimile of
the signature of the election authority who has caused the
ballots to be printed. The ballots shall be of plain white
paper, through which the printing or writing cannot be read.
However, ballots for use at the nonpartisan and consolidated
elections may be printed on different color paper, except blue
paper, whenever necessary or desirable to facilitate
distinguishing between ballots for different political
subdivisions. In the case of nonpartisan elections for
officers of a political subdivision, unless the statute or an
ordinance adopted pursuant to Article VII of the Constitution
providing the form of government therefor requires otherwise,
the column listing such nonpartisan candidates shall be
printed with no appellation or circle at its head. The party
appellation or title, or the word "independent" at the head of
any column provided for independent candidates, shall be
printed in letters not less than one-fourth of an inch in
height and a circle one-half inch in diameter shall be printed
at the beginning of the line in which such appellation or title
is printed, provided, however, that no such circle shall be

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printed at the head of any column or columns provided for such
independent candidates. The names of candidates shall be
printed in letters not less than one-eighth nor more than
one-fourth of an inch in height, and at the beginning of each
line in which a name of a candidate is printed a square shall
be printed, the sides of which shall be not less than
one-fourth of an inch in length. However, the names of the
candidates for Governor and Lieutenant Governor on the same
ticket shall be printed within a bracket and a single square
shall be printed in front of the bracket. The list of
candidates of the several parties and any such list of
independent candidates shall be placed in separate columns on
the ballot in such order as the election authorities charged
with the printing of the ballots shall decide; provided, that
the names of the candidates of the several political parties,
certified by the State Board of Elections to the several
county clerks shall be printed by the county clerk of the
proper county on the official ballot in the order certified by
the State Board of Elections. Any county clerk refusing,
neglecting or failing to print on the official ballot the
names of candidates of the several political parties in the
order certified by the State Board of Elections, and any
county clerk who prints or causes to be printed upon the
official ballot the name of a candidate, for an office to be
filled by the Electors of the entire State, whose name has not
been duly certified to him upon a certificate signed by the

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State Board of Elections shall be guilty of a Class C
misdemeanor.
(b) When an electronic voting system is used which
utilizes a ballot card, on the inside flap of each ballot card
envelope there shall be printed a form for write-in voting
which shall be substantially as follows:
WRITE-IN VOTES
(See card of instructions for specific information.
Duplicate form below by hand for additional write-in votes.)
.............................
Title of Office
( ) .............................
Name of Candidate
Write-in lines equal to the number of candidates for which
a voter may vote shall be printed for an office only if one or
more persons filed declarations of intent to be write-in
candidates or qualify to file declarations to be write-in
candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".
(c) When an electronic voting system is used which uses a
ballot sheet, the instructions to voters on the ballot sheet
shall refer the voter to the card of instructions for specific
information on write-in voting. Below each office appearing on
such ballot sheet there shall be a provision for the casting of
a write-in vote. Write-in lines equal to the number of

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candidates for which a voter may vote shall be printed for an
office only if one or more persons filed declarations of
intent to be write-in candidates or qualify to file
declarations to be write-in candidates under Sections 17-16.1
and 18-9.1 when the certification of ballot contains the words
"OBJECTION PENDING".
(d) When such electronic system is used, there shall be
printed on the back of each ballot card, each ballot card
envelope, and the first page of the ballot label when a ballot
label is used, the words "Official Ballot," followed by the
number of the precinct or other precinct identification, which
may be stamped, in lieu thereof and, as applicable, the number
and name of the township, ward or other election district for
which the ballot card, ballot card envelope, and ballot label
are prepared, the date of the election and a facsimile of the
signature of the election authority who has caused the ballots
to be printed. The back of the ballot card shall also include a
method of identifying the ballot configuration such as a
listing of the political subdivisions and districts for which
votes may be cast on that ballot, or a number code identifying
the ballot configuration or color coded ballots, except that
where there is only one ballot configuration in a precinct,
the precinct identification, and any applicable ward
identification, shall be sufficient. Ballot card envelopes
used in punch card systems shall be of paper through which no
writing or punches may be discerned and shall be of sufficient

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length to enclose all voting positions. However, the election
authority may provide ballot card envelopes on which no
precinct number or township, ward or other election district
designation, or election date are preprinted, if space and a
preprinted form are provided below the space provided for the
names of write-in candidates where such information may be
entered by the judges of election. Whenever an election
authority utilizes ballot card envelopes on which the election
date and precinct is not preprinted, a judge of election shall
mark such information for the particular precinct and election
on the envelope in ink before tallying and counting any
write-in vote written thereon. If some method of insuring
ballot secrecy other than an envelope is used, such
information must be provided on the ballot itself.
(e) In the designation of the name of a candidate on the
ballot, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition for nomination, nomination
papers, or certificate of nomination for that office,
whichever is applicable, then (i) the candidate's name on the
ballot must be followed by "formerly known as (list all prior
names during the 3-year period) until name changed on (list

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date of each such name change)" and (ii) the petition, papers,
or certificate must be accompanied by the candidate's
affidavit stating the candidate's previous names during the
period specified in (i) and the date or dates each of those
names was changed; failure to meet these requirements shall be
grounds for denying certification of the candidate's name for
the ballot or removing the candidate's name from the ballot,
as appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage or civil union to assume a
spouse's surname, or dissolution of marriage or civil union or
declaration of invalidity of marriage or civil union to assume
a former surname or a name change that conforms the
candidate's name to his or her gender identity. No other
designation such as a political slogan, title, or degree or
nickname suggesting or implying possession of a title, degree
or professional status, or similar information may be used in
connection with the candidate's surname. For purposes of this
Section, a "political slogan" is defined as any word or words
expressing or connoting a position, opinion, or belief that
the candidate may espouse, including, but not limited to, any
word or words conveying any meaning other than that of the
personal identity of the candidate. A candidate may not use a
political slogan as part of his or her name on the ballot,
notwithstanding that the political slogan may be part of the
candidate's name.

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(f) The State Board of Elections, a local election
official, or an election authority shall remove any
candidate's name designation from a ballot that is
inconsistent with subsection (e) of this Section. In addition,
the State Board of Elections, a local election official, or an
election authority shall not certify to any election authority
any candidate name designation that is inconsistent with
subsection (e) of this Section.
(g) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (f) of this
Section, then the aggrieved candidate may seek appropriate
relief in circuit court.
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
Nothing in this Section shall prohibit election
authorities from using or reusing ballot card envelopes which
were printed before January 1, 1986 (the effective date of
Public Act 84-820) this amendatory Act of 1985.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
(10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
Sec. 16-5.01. (a) Except as otherwise provided in this
Code, the election authority shall, at least 46 days prior to

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the date of any election at which federal officers are elected
and 45 days prior to any other regular election, have a
sufficient number of ballots printed so that such ballots will
be available for mailing 45 days prior to the date of the
election to persons who have filed application for a ballot
under the provisions of Article 20 of this Code Act.
(b) If at any election at which federal offices are
elected or nominated the election authority is unable to
comply with the provisions of subsection (a), the election
authority shall mail to each such person, in lieu of the
ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
The Special Write-in Vote by Mail Voter's Blank Ballot shall
be used at all elections at which federal officers are elected
or nominated and shall be prepared by the election authority
in substantially the following form:
Special Write-in Vote by Mail Voter's Blank Ballot
(To vote for a person, write the title of the office and
his or her name on the lines provided. Place to the left of and
opposite the title of office a square and place a cross (X) in
the square.)
Title of Office Name of Candidate
( )
( )
( )
( )
( )

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( )
The election authority shall send with the Special
Write-in Vote by Mail Voter's Blank Ballot a list of all
referenda for which the voter is qualified to vote and all
candidates for whom nomination papers have been filed and for
whom the voter is qualified to vote. The voter shall be
entitled to write in the name of any candidate seeking
election and any referenda for which he or she is entitled to
vote.
On the back or outside of the ballot, so as to appear when
folded, shall be printed the words "Official Ballot", the date
of the election and a facsimile of the signature of the
election authority who has caused the ballot to be printed.
The provisions of Article 20, insofar as they may be
applicable to the Special Write-in Vote by Mail Voter's Blank
Ballot, shall be applicable herein.
(c) Notwithstanding any provision of this Code or other
law to the contrary, the governing body of a municipality may
adopt, upon submission of a written statement by the
municipality's election authority attesting to the
administrative ability of the election authority to administer
an election using a ranked ballot to the municipality's
governing body, an ordinance requiring, and that
municipality's election authority shall prepare, a ranked vote
by mail ballot for municipal and township office candidates to
be voted on in the consolidated election. This ranked ballot

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shall be for use only by a qualified voter who either is a
member of the United States military or will be outside of the
United States on the consolidated primary election day and the
consolidated election day. The ranked ballot shall contain a
list of the titles of all municipal and township offices
potentially contested at both the consolidated primary
election and the consolidated election and the candidates for
each office and shall permit the elector to vote in the
consolidated election by indicating his or her order of
preference for each candidate for each office. To indicate his
or her order of preference for each candidate for each office,
the voter shall put the number one next to the name of the
candidate who is the voter's first choice, the number 2 for his
or her second choice, and so forth so that, in consecutive
numerical order, a number indicating the voter's preference is
written by the voter next to each candidate's name on the
ranked ballot. The voter shall not be required to indicate his
or her preference for more than one candidate on the ranked
ballot. The voter may not cast a write-in vote using the ranked
ballot for the consolidated election. The election authority
shall, if using the ranked vote by mail ballot authorized by
this subsection, also prepare instructions for use of the
ranked ballot. The ranked ballot for the consolidated election
shall be mailed to the voter at the same time that the ballot
for the consolidated primary election is mailed to the voter
and the election authority shall accept the completed ranked

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ballot for the consolidated election when the authority
accepts the completed ballot for the consolidated primary
election.
The voter shall also be sent a vote by mail ballot for the
consolidated election for those races that are not related to
the results of the consolidated primary election as soon as
the consolidated election ballot is certified.
The State Board of Elections shall adopt rules for
election authorities for the implementation of this
subsection, including, but not limited to, the application for
and counting of ranked ballots.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
Section 45. The Disaster Relief Act is amended by changing
Section 1 as follows:
(15 ILCS 30/1) (from Ch. 127, par. 293.1)
Sec. 1. As used in this Act:
"Disaster" has shall have the same meaning as provided in
Section 4 of the Illinois Emergency Management Agency Act.
"Disaster area" means the area directly affected by or
threatened with a disaster.
(Source: P.A. 102-955, eff. 1-1-23; revised 12-8-22.)
Section 50. The Governor's Office of New Americans Act is
amended by changing Section 10 as follows:

SB2437 - 112 - LRB103 26700 AMC 53063 b
(15 ILCS 55/10)
Sec. 10. State agency New American Americans Plans. Each
State agency under the jurisdiction of the Governor shall
develop a New American Plan that incorporates effective
training and resources, ensures language access and culturally
appropriate services, and includes administrative practices
that reach out to and reflect the needs of the immigrant
refugees. Each State agency under the jurisdiction of the
Governor shall integrate guidance and recommendations made by
the Governor's Office of New Americans statewide plan. Agency
plans shall be submitted to the Governor's Office of New
Americans for approval.
(Source: P.A. 102-1054, eff. 1-1-23; revised 12-8-22.)
Section 55. The State Treasurer Act is amended by changing
Section 20 as follows:
(15 ILCS 505/20)
Sec. 20. State Treasurer administrative charge. The State
Treasurer may retain an administrative charge for both the
costs of services associated with the deposit of moneys that
are remitted directly to the State Treasurer and the
investment or safekeeping of funds by the State Treasurer. The
administrative charges collected under this Section shall be
deposited into the State Treasurer's Administrative Fund. The

SB2437 - 113 - LRB103 26700 AMC 53063 b
amount of the administrative charges may be determined by the
State Treasurer. Administrative charges from the deposit of
moneys remitted directly to the State Treasurer shall not
exceed 2% of the amount deposited. Administrative charges from
the investment or safekeeping of funds by the State Treasurer
shall be charged no more than monthly and the total amount
charged per fiscal year shall not exceed $12,000,000 plus any
amounts required as employer contributions under Section
14-131 of the Illinois Pension Code and Section 10 of the State
Employees Group Insurance Act of 1971.
Administrative charges for the deposit of moneys shall
apply to fines, fees, or other amounts remitted directly to
the State Treasurer by circuit clerks, county clerks, and
other entities for deposit into a fund in the State treasury.
Administrative charges for the deposit of moneys do not apply
to amounts remitted by State agencies or certified collection
specialists as defined in 74 Ill. Adm. Admin. Code 1200.50.
Administrative charges for the deposit of moneys shall apply
only to any form of fines, fees, or other collections created
on or after August 15, 2014 (the effective date of Public Act
98-965).
Moneys in the State Treasurer's Administrative Fund are
subject to appropriation by the General Assembly.
(Source: P.A. 100-587, eff. 6-4-18; revised 2-28-22.)
Section 60. The Data Governance and Organization to

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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 (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) Some other race alone.
(8) Two or more races.
The Board and the Department may further define, by rule,
the racial and ethnic classifications, including, if

SB2437 - 115 - LRB103 26700 AMC 53063 b
necessary, a classification of "No Race Specified".
(b) (c) 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) (d) 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.

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(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) (e) 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) (f) 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 Departments
shall provide an updated report to the General Assembly.
(f) (g) 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) (b). The plan shall incorporate ongoing efforts

SB2437 - 117 - LRB103 26700 AMC 53063 b
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) (h) 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. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;
revised 2-4-23.)
Section 65. The Children and Family Services Act is
amended by setting forth and renumbering multiple versions of
Sections 5.26 and 5.46 and by changing Sections 7.4, 8, and
35.10 as follows:
(20 ILCS 505/5.26)
Sec. 5.26. Foster children; exit interviews.
(a) Unless clinically contraindicated, the Department
shall ensure that an exit interview is conducted with every
child age 5 and over who leaves a foster home.
(1) The interview shall be conducted by a caseworker,
mental health provider, or clinician from the Department's
Division of Clinical Practice.
(2) The interview shall be conducted within 5 days of
the child's removal from the home.
(3) The interviewer shall comply with the provisions

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of the Abused and Neglected Child Reporting Act if the
child discloses abuse or neglect as defined by that Act.
(4) The interviewer shall immediately inform the
licensing agency if the child discloses any information
that would constitute a potential licensing violation.
(5) Documentation of the interview shall be (i)
maintained in the foster parent's licensing file, (ii)
maintained in the child's case file, (iii) included in the
service plan for the child, and (iv) and provided to the
child's guardian ad litem and attorney appointed under
Section 2-17 of the Juvenile Court Act of 1987.
(6) The determination that an interview in compliance
with this Section is clinically contraindicated shall be
made by the caseworker, in consultation with the child's
mental health provider, if any, and the caseworker's
supervisor. If the child does not have a mental health
provider, the caseworker shall request a consultation with
the Department's Division of Clinical Practice regarding
whether an interview is clinically contraindicated. The
decision and the basis for the decision shall be
documented in writing and shall be (i) maintained in the
foster parent's licensing file, (ii) maintained in the
child's case file, and (iii) attached as part of the
service plan for the child.
(7) The information gathered during the interview
shall be dependent on the age and maturity of the child and

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the circumstances of the child's removal. The
interviewer's observations and any information relevant to
understanding the child's responses shall be recorded on
the interview form. At a minimum, the interview shall
address the following areas:
(A) How the child's basic needs were met in the
home: who prepared food and was there sufficient food;
whether the child had appropriate clothing; sleeping
arrangements; supervision appropriate to the child's
age and special needs; was the child enrolled in
school; and did the child receive the support needed
to complete his or her school work.
(B) Access to caseworker, therapist, or guardian
ad litem: whether the child was able to contact these
professionals and how.
(C) Safety and comfort in the home: how did the
child feel in the home; was the foster parent
affirming of the child's identity; did anything happen
that made the child happy; did anything happen that
was scary or sad; what happened when the child did
something he or she should not have done; if relevant,
how does the child think the foster parent felt about
the child's family of origin, including parents and
siblings; and was the foster parent supportive of the
permanency goal.
(D) Normalcy: whether the child felt included in

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the family; whether the child participated in
extracurricular activities; whether the foster parent
participated in planning for the child, including
child and family team meetings and school meetings.
(b) The Department shall develop procedures, including an
interview form, no later than January 1, 2023, to implement
this Section.
(c) Beginning July 1, 2023 and quarterly thereafter, the
Department shall post on its webpage a report summarizing the
details of the exit interviews.
(Source: P.A. 102-763, eff. 1-1-23; revised 12-19-22.)
(20 ILCS 505/5.27)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5.27 5.26. Holistic Mental Health Care for Youth in
Care Task Force.
(a) The Holistic Mental Health Care for Youth in Care Task
Force is created. The Task Force shall review and make
recommendations regarding mental health and wellness services
provided to youth in care, including a program of holistic
mental health services provided 30 days after the date upon
which a youth is placed in foster care, in order to determine
how to best meet the mental health needs of youth in care.
Additionally, the Task Force shall:
(1) assess the capacity of State licensed mental
health professionals to provide preventive mental health

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care to youth in care;
(2) review the current payment rates for mental health
providers serving the youth in care population;
(3) evaluate the process for smaller private practices
and agencies to bill through managed care, evaluate
delayed payments to mental health providers, and recommend
improvements to make billing practices more efficient;
(4) evaluate the recruitment and retention of mental
health providers who are persons of color to serve the
youth in care population; and
(5) any other relevant subject and processes as deemed
necessary by the Task Force.
(b) The Task Force shall have 9 members, comprised as
follows:
(1) The Director of Healthcare and Family Services or
the Director's designee.
(2) The Director of Children and Family Services or
the Director's designee.
(3) A member appointed by the Governor from the Office
of the Governor who has a focus on mental health issues.
(4) Two members from the House of Representatives,
appointed one each by the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives.
(5) Two members of the Senate, appointed one each by
the President of the Senate and the Minority Leader of the

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Senate.
(6) One member who is a former youth in care,
appointed by the Governor.
(7) One representative from the managed care entity
managing the YouthCare program, appointed by the Director
of Healthcare and Family Services.
Task Force members shall serve without compensation but
may be reimbursed for necessary expenses incurred in the
performance of their duties.
(c) The Task Force shall meet at least once each month
beginning no later than July 1, 2022 and at other times as
determined by the Task Force. The Task Force may hold
electronic meetings and a member of the Task Force shall be
deemed present for the purposes of establishing a quorum and
voting.
(d) The Department of Healthcare and Family Services, in
conjunction with the Department of Children and Family
Services, shall provide administrative and other support to
the Task Force.
(e) The Task Force shall prepare and submit to the
Governor and the General Assembly at the end of each quarter a
report that summarizes its work and makes recommendations
resulting from its study. The Task Force shall submit its
final report to the Governor and the General Assembly no later
than December 31, 2024. Upon submission of its final report,
the Task Force is dissolved.

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(f) This Section is repealed on January 1, 2026.
(Source: P.A. 102-898, eff. 5-25-22; revised 7-26-22.)
(20 ILCS 505/5.46)
Sec. 5.46. Application for Social Security benefits,
Supplemental Security Income, Veterans benefits, and Railroad
Retirement benefits.
(a) Definitions. As used in this Section:
"Benefits" means Social Security benefits, Supplemental
Security Income, Veterans benefits, and Railroad Retirement
benefits.
"Youth's attorney and guardian ad litem" means the person
appointed as the youth's attorney or guardian ad litem in
accordance with the Juvenile Court Act of 1987 in the
proceeding in which the Department is appointed as the youth's
guardian or custodian.
(b) Application for benefits.
(1) Upon receiving temporary custody or guardianship
of a youth in care, the Department shall assess the youth
to determine whether the youth may be eligible for
benefits. If, after the assessment, the Department
determines that the youth may be eligible for benefits,
the Department shall ensure that an application is filed
on behalf of the youth. The Department shall prescribe by
rule how it will review cases of youth in care at regular
intervals to determine whether the youth may have become

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eligible for benefits after the initial assessment. The
Department shall make reasonable efforts to encourage
youth in care over the age of 18 who are likely eligible
for benefits to cooperate with the application process and
to assist youth with the application process.
(2) When applying for benefits under this Section for
a youth in care the Department shall identify a
representative payee in accordance with the requirements
of 20 CFR 404.2021 and 416.621. If the Department is
seeking to be appointed as the youth's representative
payee, the Department must consider input, if provided,
from the youth's attorney and guardian ad litem regarding
whether another representative payee, consistent with the
requirements of 20 CFR 404.2021 and 416.621, is available.
If the Department serves as the representative payee for a
youth over the age of 18, the Department shall request a
court order, as described in subparagraph (C) of paragraph
(1) of subsection (d) and in subparagraph (C) of paragraph
(2) of subsection (d).
(c) Notifications. The Department shall immediately notify
a youth over the age of 16, the youth's attorney and guardian
ad litem, and the youth's parent or legal guardian or another
responsible adult of:
(1) any application for or any application to become
representative payee for benefits on behalf of a youth in
care;

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(2) any communications from the Social Security
Administration, the U.S. Department of Veterans Affairs,
or the Railroad Retirement Board pertaining to the
acceptance or denial of benefits or the selection of a
representative payee; and
(3) any appeal or other action requested by the
Department regarding an application for benefits.
(d) Use of benefits. Consistent with federal law, when the
Department serves as the representative payee for a youth
receiving benefits and receives benefits on the youth's
behalf, the Department shall:
(1) Beginning January 1, 2023, ensure that when the
youth attains the age of 14 years and until the Department
no longer serves as the representative payee, a minimum
percentage of the youth's Supplemental Security Income
benefits are conserved in accordance with paragraph (4) as
follows:
(A) From the age of 14 through age 15, at least
40%.
(B) From the age of 16 through age 17, at least
80%.
(C) From the age of 18 through 20, 100%, when a
court order has been entered expressly allowing the
Department to have the authority to establish and
serve as an authorized agent of the youth over the age
of 18 with respect to an account established in

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accordance with paragraph (4).
(2) Beginning January 1, 2024, ensure that when the
youth attains the age of 14 years and until the Department
no longer serves as the representative payee a minimum
percentage of the youth's Social Security benefits,
Veterans benefits, or Railroad Retirement benefits are
conserved in accordance with paragraph (4) as follows:
(A) From the age of 14 through age 15, at least
40%.
(B) From the age of 16 through age 17, at least
80%.
(C) From the age of 18 through 20, 100%, when a
court order has been entered expressly allowing the
Department to have the authority to establish and
serve as an authorized agent of the youth over the age
of 18 with respect to an account established in
accordance with paragraph (4).
(3) Exercise discretion in accordance with federal law
and in the best interests of the youth when making
decisions to use or conserve the youth's benefits that are
less than or not subject to asset or resource limits under
federal law, including using the benefits to address the
youth's special needs and conserving the benefits for the
youth's reasonably foreseeable future needs.
(4) Appropriately monitor any federal asset or
resource limits for the benefits and ensure that the

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youth's best interest is served by using or conserving the
benefits in a way that avoids violating any federal asset
or resource limits that would affect the youth's
eligibility to receive the benefits, including:
(A) applying to the Social Security Administration
to establish a Plan to Achieve Self-Support (PASS)
Account for the youth under the Social Security Act
and determining whether it is in the best interest of
the youth to conserve all or parts of the benefits in
the PASS account;
(B) establishing a 529 plan for the youth and
conserving the youth's benefits in that account in a
manner that appropriately avoids any federal asset or
resource limits;
(C) establishing an Individual Development Account
for the youth and conserving the youth's benefits in
that account in a manner that appropriately avoids any
federal asset or resource limits;
(D) establishing an ABLE account authorized by
Section 529A of the Internal Revenue Code of 1986, for
the youth and conserving the youth's benefits in that
account in a manner that appropriately avoids any
federal asset or resource limits;
(E) establishing a Social Security Plan to Achieve
Self-Support account for the youth and conserving the
youth's benefits in a manner that appropriately avoids

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any federal asset or resource limits;
(F) establishing a special needs trust for the
youth and conserving the youth's benefits in the trust
in a manner that is consistent with federal
requirements for special needs trusts and that
appropriately avoids any federal asset or resource
limits;
(G) if the Department determines that using the
benefits for services for current special needs not
already provided by the Department is in the best
interest of the youth, using the benefits for those
services;
(H) if federal law requires certain back payments
of benefits to be placed in a dedicated account,
complying with the requirements for dedicated accounts
under 20 CFR 416.640(e); and
(I) applying any other exclusions from federal
asset or resource limits available under federal law
and using or conserving the youth's benefits in a
manner that appropriately avoids any federal asset or
resource limits.
(e) By July 1, 2024, the Department shall provide a report
to the General Assembly regarding youth in care who receive
benefits who are not subject to this Act. The report shall
discuss a goal of expanding conservation of children's
benefits to all benefits of all children of any age for whom

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the Department serves as representative payee. The report
shall include a description of any identified obstacles, steps
to be taken to address the obstacles, and a description of any
need for statutory, rule, or procedural changes.
(f) Accounting. The Department shall provide an annual
accounting to the youth's attorney and guardian ad litem of
how the youth's benefits have been used and conserved. In
addition, within 10 business days of a request from a youth or
the youth's attorney and guardian ad litem, the Department
shall provide an accounting to the youth of how the youth's
benefits have been used and conserved. The accounting shall
include:
(1) The amount of benefits received on the youth's
behalf since the most recent accounting and the date the
benefits were received.
(2) Information regarding the youth's benefits and
resources, including the youth's benefits, insurance, cash
assets, trust accounts, earnings, and other resources.
(3) An accounting of the disbursement of benefit
funds, including the date, amount, identification of
payee, and purpose.
(4) Information regarding each request by the youth,
the youth's attorney and guardian ad litem, or the youth's
caregiver for disbursement of funds and a statement
regarding the reason for not granting the request if the
request was denied.

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When the Department's guardianship of the youth is being
terminated, the Department shall provide (i) a final
accounting to the Social Security Administration, to the
youth's attorney and guardian ad litem, and to either the
person or persons who will assume guardianship of the youth or
who is in the process of adopting the youth, if the youth is
under 18, or to the youth, if the youth is over 18 and (ii)
information to the parent, guardian, or youth regarding how to
apply to become the representative payee. The Department shall
adopt rules to ensure that the representative payee
transitions occur in a timely and appropriate manner.
(g) Financial literacy. The Department shall provide the
youth with financial literacy training and support, including
specific information regarding the existence, availability,
and use of funds conserved for the youth in accordance with
this subsection, beginning by age 14. The literacy program and
support services shall be developed in consultation with input
from the Department's Statewide Youth Advisory Board.
(h) Adoption of rules. The Department shall adopt rules to
implement the provisions of this Section by January 1, 2023.
(i) Reporting. No later than February 28, 2023, the
Department shall file a report with the General Assembly
providing the following information for State Fiscal Years
2019, 2020, 2021, and 2022 and annually beginning February 28,
2023, for the preceding fiscal year:
(1) The number of youth entering care.

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(2) The number of youth entering care receiving each
of the following types of benefits: Social Security
benefits, Supplemental Security Income, Veterans benefits,
Railroad Retirement benefits.
(3) The number of youth entering care for whom the
Department filed an application for each of the following
types of benefits: Social Security benefits, Supplemental
Security Income, Veterans benefits, Railroad Retirement
benefits.
(4) The number of youth entering care who were awarded
each of the following types of benefits based on an
application filed by the Department: Social Security
benefits, Supplemental Security Income, Veterans benefits,
Railroad Retirement benefits.
(j) Annually beginning December 31, 2023, the Department
shall file a report with the General Assembly with the
following information regarding the preceding fiscal year:
(1) the number of conserved accounts established and
maintained for youth in care;
(2) the average amount conserved by age group; and
(3) the total amount conserved by age group.
(Source: P.A. 102-1014, eff. 5-27-22.)
(20 ILCS 505/5.47)
Sec. 5.47 5.46. Extended Family Support Pilot Program. The
Department may consult with independent partners to review

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Extended Family Support Program services and advise if
additional services are needed prior to the start of the pilot
program required under this Section. Beginning January 1,
2023, the Department shall implement a 3-year pilot program of
additional resources for families receiving Extended Family
Support Program services from the Department for the purpose
of supporting relative caregivers. These resources may
include, but are not limited to: (i) wraparound case
management services, (ii) home visiting services for
caregivers with children under the age of 5, and (iii) parent
mentors for caregivers with children over the age of 3.
The services for the Extended Family Support Program are
expanded given the program's inclusion in the Family First
Prevention Services Act's targeted populations. Other target
populations include intact families, pregnant and parenting
youth, reunification within 6 months, and post adoption and
subsidized guardianship. Inclusion provides the array of
evidence-based interventions included within the State's
Family First Prevention Services plan. Funding through Title
IV-E of the Social Security Act shall be spent on services to
prevent children and youth who are candidates for foster care
from coming into care and allow them to remain with their
families. Given the inclusion of the Extended Family Support
Program in the Family First Prevention Services Act, the
program is a part of the independent evaluation of Family
First Prevention Services. This includes tracking deflection

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from foster care.
The resources provided by the pilot program are voluntary
and refusing such resources shall not be used as evidence of
neglect of a child.
The Department shall arrange for an independent evaluation
of the pilot program to determine whether the pilot program is
successfully supporting families receiving Extended Family
Support Program services or Family First Prevention Program
services and preventing entrance into the foster care system.
This evaluation will support determining whether there is a
long-term cost benefit to continuing the pilot program.
At the end of the 3-year pilot program, the Department
shall submit a report to the General Assembly with its
findings of the evaluation. The report shall state whether the
Department intends to continue the pilot program and the
rationale for its decision.
The Department may adopt rules and procedures to implement
and administer this Section.
(Source: P.A. 102-1029, eff. 5-27-22; revised 7-26-22.)
(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

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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. 111. Admin. Code
301.70 and Sibling Visitation, 89 Ill. Adm. 111. Admin.
Code 301.220, and the Department's rules regarding
Placement Selection Criteria, 89 Ill. Adm. 111. Admin.
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

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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.
(6) "Contact" may include, but is not limited to
visits, telephone calls, letters, sharing of photographs
or information, e-mails, video conferencing, and other
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 or the Juvenile Court Act of 1987, regarding at least

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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 form 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

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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

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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

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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 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.

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(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

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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

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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

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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

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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 his or her present home,
school, and community;
(5) the mental and physical health of all individuals

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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 his or her 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

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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;

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(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

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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 the effective date of 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. 97-1076, eff. 8-24-12; 98-463, eff. 8-16-13;
revised 2-28-22.)
(20 ILCS 505/8) (from Ch. 23, par. 5008)
Sec. 8. Scholarships and fee waivers; tuition waiver.
(a) Each year the Department shall select a minimum of 53
students (at least 4 of whom shall be children of veterans) to

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receive scholarships and fee waivers which will enable them to
attend and complete their post-secondary education at a
community college, university, or college. Youth shall be
selected from among the youth for whom the Department has
court-ordered legal responsibility, youth who aged out of care
at age 18 or older, or youth formerly under care who have been
adopted or who have been placed in private guardianship.
Recipients must have earned a high school diploma from an
accredited institution or a State of Illinois High School
Diploma or diploma or have met the State criteria for high
school graduation before the start of the school year for
which they are applying for the scholarship and waiver.
Scholarships and fee waivers shall be available to students
for at least 5 years, provided they are continuing to work
toward graduation. Unused scholarship dollars and fee waivers
shall be reallocated to new recipients. No later than January
1, 2015, the Department shall promulgate rules identifying the
criteria for "continuing to work toward graduation" and for
reallocating unused scholarships and fee waivers. Selection
shall be made on the basis of several factors, including, but
not limited to, scholastic record, aptitude, and general
interest in higher education. The selection committee shall
include at least 2 individuals formerly under the care of the
Department who have completed their post-secondary education.
In accordance with this Act, tuition scholarships and fee
waivers shall be available to such students at any university

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or college maintained by the State of Illinois. The Department
shall provide maintenance and school expenses, except tuition
and fees, during the academic years to supplement the
students' earnings or other resources so long as they
consistently maintain scholastic records which are acceptable
to their schools and to the Department. Students may attend
other colleges and universities, if scholarships are awarded
to them, and receive the same benefits for maintenance and
other expenses as those students attending any Illinois State
community college, university, or college under this Section.
Beginning with recipients receiving scholarships and waivers
in August 2014, the Department shall collect data and report
annually to the General Assembly on measures of success,
including (i) the number of youth applying for and receiving
scholarships or waivers, (ii) the percentage of scholarship or
waiver recipients who complete their college or university
degree within 5 years, (iii) the average length of time it
takes for scholarship or waiver recipients to complete their
college or university degree, (iv) the reasons that
scholarship or waiver recipients are discharged or fail to
complete their college or university degree, (v) when
available, youths' outcomes 5 years and 10 years after being
awarded the scholarships or waivers, and (vi) budget
allocations for maintenance and school expenses incurred by
the Department.
(b) Youth shall receive a tuition and fee waiver to assist

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them in attending and completing their post-secondary
education at any community college, university, or college
maintained by the State of Illinois if they are youth for whom
the Department has court-ordered legal responsibility, youth
who aged out of care at age 18 or older, or youth formerly
under care who have been adopted and were the subject of an
adoption assistance agreement or who have been placed in
private guardianship and were the subject of a subsidized
guardianship agreement.
To receive a waiver under this subsection, an applicant
must:
(1) have earned a high school diploma from an
accredited institution or a State of Illinois High School
Diploma or have met the State criteria for high school
graduation before the start of the school year for which
the applicant is applying for the waiver;
(2) enroll in a qualifying post-secondary education
before the applicant reaches the age of 26; and
(3) apply for federal and State grant assistance by
completing the Free Application for Federal Student Aid.
The community college or public university that an
applicant attends must waive any tuition and fee amounts that
exceed the amounts paid to the applicant under the federal
Pell Grant Program or the State's Monetary Award Program.
Tuition and fee waivers shall be available to a student
for at least the first 5 years the student is enrolled in a

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community college, university, or college maintained by the
State of Illinois so long as the student makes satisfactory
progress toward completing his or her degree. The age
requirement and 5-year cap on tuition and fee waivers under
this subsection shall be waived and eligibility for tuition
and fee waivers shall be extended for any applicant or student
who the Department determines was unable to enroll in a
qualifying post-secondary school or complete an academic term
because the applicant or student: (i) was called into active
duty with the United States Armed Forces; (ii) was deployed
for service in the United States Public Health Service
Commissioned Corps; or (iii) volunteered in the Peace Corps or
the AmeriCorps. The Department shall extend eligibility for a
qualifying applicant or student by the total number of months
or years during which the applicant or student served on
active duty with the United States Armed Forces, was deployed
for service in the United States Public Health Service
Commissioned Corps, or volunteered in the Peace Corps or the
AmeriCorps. The number of months an applicant or student
served on active duty with the United States Armed Forces
shall be rounded up to the next higher year to determine the
maximum length of time to extend eligibility for the applicant
or student.
The Department may provide the student with a stipend to
cover maintenance and school expenses, except tuition and
fees, during the academic years to supplement the student's

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earnings or other resources so long as the student
consistently maintains scholastic records which are acceptable
to the student's school and to the Department.
The Department shall develop outreach programs to ensure
that youths who qualify for the tuition and fee waivers under
this subsection who are high school students in grades 9
through 12 or who are enrolled in a high school equivalency
testing program are aware of the availability of the tuition
and fee waivers.
(c) Subject to appropriation, the Department shall provide
eligible youth an apprenticeship stipend to cover those costs
associated with entering and sustaining through completion an
apprenticeship, including, but not limited to fees, tuition
for classes, work clothes, rain gear, boots, and
occupation-specific tools. The following youth may be eligible
for the apprenticeship stipend provided under this subsection:
youth for whom the Department has court-ordered legal
responsibility; youth who aged out of care at age 18 or older;
or youth formerly under care who have been adopted and were the
subject of an adoption assistance agreement or who have been
placed in private guardianship and were the subject of a
subsidized guardianship agreement.
To receive a stipend under this subsection, an applicant
must:
(1) be enrolled in an apprenticeship training program
approved or recognized by the Illinois Department of

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Employment Security or an apprenticeship program approved
by the United States Department of Labor;
(2) not be a recipient of a scholarship or fee waiver
under subsection (a) or (b); and
(3) be under the age of 26 before enrolling in a
qualified apprenticeship program.
Apprenticeship stipends shall be available to an eligible
youth for a maximum of 5 years after the youth enrolls in a
qualifying apprenticeship program so long as the youth makes
satisfactory progress toward completing his or her
apprenticeship. The age requirement and 5-year cap on the
apprenticeship stipend provided under this subsection shall be
extended for any applicant who the Department determines was
unable to enroll in a qualifying apprenticeship program
because the applicant: (i) was called into active duty with
the United States Armed Forces; (ii) was deployed for service
in the United States Public Health Service Commissioned Corps;
or (iii) volunteered in the Peace Corps or the AmeriCorps. The
Department shall extend eligibility for a qualifying applicant
by the total number of months or years during which the
applicant served on active duty with the United States Armed
Forces, was deployed for service in the United States Public
Health Service Commissioned Corps, or volunteered in the Peace
Corps or the AmeriCorps. The number of months an applicant
served on active duty with the United States Armed Forces
shall be rounded up to the next higher year to determine the

SB2437 - 155 - LRB103 26700 AMC 53063 b
maximum length of time to extend eligibility for the
applicant.
The Department shall develop outreach programs to ensure
that youths who qualify for the apprenticeship stipends under
this subsection who are high school students in grades 9
through 12 or who are enrolled in a high school equivalency
testing program are aware of the availability of the
apprenticeship stipend.
(Source: P.A. 101-558, eff. 1-1-20; 102-1100, eff. 1-1-23;
revised 12-8-22.)
(20 ILCS 505/35.10)
Sec. 35.10. Documents necessary for adult living. The
Department shall assist a youth in care in identifying and
obtaining documents necessary to function as an independent
adult prior to the closure of the youth's case to terminate
wardship as provided in Section 2-31 of the Juvenile Court Act
of 1987. These necessary documents shall include, but not be
limited to, any of the following:
(1) State identification card or driver's license.
(2) Social Security card.
(3) Medical records, including, but not limited to,
health passport, dental records, immunization records,
name and contact information for all current medical,
dental, and mental health providers, and a signed
certification that the Department provided the youth with

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education on executing a healthcare power of attorney.
(4) Medicaid card or other health eligibility
documentation.
(5) Certified copy of birth certificate.
(6) Any applicable religious documents.
(7) Voter registration card.
(8) Immigration, citizenship, or naturalization
documentation, if applicable.
(9) Death certificates of parents, if applicable.
(10) Life book or compilation of personal history and
photographs.
(11) List of known relatives with relationships,
addresses, telephone numbers, and other contact
information, with the permission of the involved relative.
(12) Resume.
(13) Educational records, including list of schools
attended, and transcript, high school diploma, or State of
Illinois High School Diploma.
(14) List of placements while in care.
(15) List of community resources with referral
information, including the Midwest Adoption Center for
search and reunion services for former youth in care,
whether or not they were adopted, and the Illinois Chapter
of Foster Care Alumni of America.
(16) All documents necessary to complete a Free
Application for Federal Student Aid form, if applicable,

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or an application for State financial aid.
(17) If applicable, a final accounting of the account
maintained on behalf of the youth as provided under
Section 5.46.
If a court determines that a youth in care no longer requires
wardship of the court and orders the wardship terminated and
all proceedings under the Juvenile Court Act of 1987
respecting the youth in care finally closed and discharged,
the Department shall ensure that the youth in care receives a
copy of the court's order.
(Source: P.A. 102-70, eff. 1-1-22; 102-1014, eff. 5-27-22;
102-1100, eff. 1-1-23; revised 12-13-22.)
Section 70. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by changing Section 605-503 and by setting forth,
renumbering, and changing multiple versions of Section
605-1095 as follows:
(20 ILCS 605/605-503)
Sec. 605-503. Entrepreneurship assistance centers.
(a) The Department shall establish and support, subject to
appropriation, entrepreneurship assistance centers, including
the issuance of grants, at career education agencies and
not-for-profit corporations, including, but not limited to,
local development corporations, chambers of commerce,

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community-based business outreach centers, and other
community-based organizations. The purpose of the centers
shall be to train minority group members, women, individuals
with a disability, dislocated workers, veterans, and youth
entrepreneurs in the principles and practice of
entrepreneurship in order to prepare those persons to pursue
self-employment opportunities and to pursue a minority
business enterprise or a women-owned business enterprise. The
centers shall provide for training in all aspects of business
development and small business management as defined by the
Department.
(b) The Department shall establish criteria for selection
and designation of the centers which shall include, but not be
limited to:
(1) the level of support for the center from local
post-secondary education institutions, businesses, and
government;
(2) the level of financial assistance provided at the
local and federal level to support the operations of the
center;
(3) the applicant's understanding of program goals and
objectives articulated by the Department;
(4) the plans of the center to supplement State and
local funding through fees for services which may be based
on a sliding scale based on ability to pay;
(5) the need for and anticipated impact of the center

SB2437 - 159 - LRB103 26700 AMC 53063 b
on the community in which it will function;
(6) the quality of the proposed work plan and staff of
the center; and
(7) the extent of economic distress in the area to be
served.
(c) Each center shall:
(1) be operated by a board of directors representing
community leaders in business, education, finance, and
government;
(2) be incorporated as a not-for-profit corporation;
(3) be located in an area accessible to eligible
clients;
(4) establish an advisory group of community business
experts, at least one-half of whom shall be representative
of the clientele to be served by the center, which shall
constitute a support network to provide counseling and
mentoring services to minority group members, women,
individuals with a disability, dislocated workers,
veterans, and youth entrepreneurs from the concept stage
of development through the first one to 2 years of
existence on a regular basis and as needed thereafter; and
(5) establish a referral system and linkages to
existing area small business assistance programs and
financing sources.
(d) Each entrepreneurship assistance center shall provide
needed services to eligible clients, including, but not

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limited to: (i) orientation and screening of prospective
entrepreneurs; (ii) analysis of business concepts and
technical feasibility; (iii) market analysis; (iv) management
analysis and counseling; (v) business planning and financial
planning assistance; (vi) referrals to financial resources;
(vii) referrals to existing educational programs for training
in such areas as marketing, accounting, and other training
programs as may be necessary and available; and (viii)
referrals to business incubator facilities, when appropriate,
for the purpose of entering into agreements to access shared
support services.
(e) Applications for grants made under this Section shall
be made in the manner and on forms prescribed by the
Department. The application shall include, but shall not be
limited to:
(1) a description of the training programs available
within the geographic area to be served by the center to
which eligible clients may be referred;
(2) designation of a program director;
(3) plans for providing ongoing technical assistance
to program graduates, including linkages with providers of
other entrepreneurial assistance programs and with
providers of small business technical assistance and
services;
(4) a program budget, including matching funds,
in-kind and otherwise, to be provided by the applicant;

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and
(5) any other requirements as deemed necessary by the
Department.
(f) Grants made under this Section shall be disbursed for
payment of the cost of services and expenses of the program
director, the instructors of the participating career
education agency or not-for-profit corporation, the faculty
and support personnel thereof, and any other person in the
service of providing instruction and counseling in furtherance
of the program.
(g) The Department shall monitor the performance of each
entrepreneurial assistance center and require quarterly
reports from each center at such time and in such a manner as
prescribed by the Department.
The Department shall also evaluate the entrepreneurial
assistance centers established under this Section and report
annually beginning on January 1, 2023, and on or before
January 1 of each year thereafter, the results of the
evaluation to the Governor and the General Assembly. The
report shall discuss the extent to which the centers serve
minority group members, women, individuals with a disability,
dislocated workers, veterans, and youth entrepreneurs; the
extent to which the training program is coordinated with other
assistance programs targeted to small and new businesses; the
ability of the program to leverage other sources of funding
and support; and the success of the program in aiding

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entrepreneurs to start up new businesses, including the number
of new business start-ups resulting from the program. The
report shall recommend changes and improvements in the
training program and in the quality of supplemental technical
assistance offered to graduates of the training programs. The
report shall be made available to the public on the
Department's website. Between evaluation due dates, the
Department shall maintain the necessary records and data
required to satisfy the evaluation requirements.
(h) For purposes of this Section:
"Entrepreneurship assistance center" or "center" means the
business development centers or programs which provide
assistance to primarily minority group members, women,
individuals with a disability, dislocated workers, veterans,
and youth entrepreneurs under this Section.
"Disability" means, with respect to an individual: (i) a
physical or mental impairment that substantially limits one or
more of the major life activities of an individual; (ii) a
record of such an impairment; or (iii) being regarded as
having an impairment.
"Minority business enterprise" has the same meaning as
provided for "minority-owned business" under Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act.
"Minority group member" has the same meaning as provided
for "minority person" under Section 2 of the Business

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Enterprise for Minorities, Women, and Persons with
Disabilities Act.
"Women-owned business enterprise" has the same meaning as
provided for "women-owned business" under Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act.
"Veteran" means a person who served in and who has
received an honorable or general discharge from, the United
States Army, Navy, Air Force, Marines, Coast Guard, or
reserves thereof, or who served in the Army National Guard,
Air National Guard, or Illinois National Guard.
"Youth entrepreneur" means a person who is between the
ages of 16 and 29 years old and that is seeking community
support to start a business in Illinois.
(Source: P.A. 102-272, eff. 1-1-22; 102-821, eff. 1-1-23;
revised 12-8-22.)
(20 ILCS 605/605-1095)
(Section scheduled to be repealed on December 31, 2024)
Sec. 605-1095. Hotel Jobs Recovery Grant Program.
(a) In 2019, the hotel industry in the State of Illinois
directly employed more than 60,000 people and generated
$4,000,000,000 in State and local taxes. During the first year
of the COVID-19 pandemic, one in three hotel workers were laid
off or furloughed, and hotels lost $3,600,000,000 in economic
activity. Unlike other segments of the hospitality industry,

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the hotel industry has not received any direct hotel-specific
support from the federal government. Funds awarded under this
Section will be used by hotels to support their workforce and
recover from the COVID-19 pandemic.
(b) As used in this Section:
"Hotel" means any building or buildings in which the
public may, for a consideration, obtain living quarters or ,
sleeping or housekeeping accommodations. The term includes,
but is not limited to, inns, motels, tourist homes or courts,
lodging houses, rooming houses, retreat centers, conference
centers, and hunting lodges. "Hotel" does not include a
short-term rental.
"Short-term rental" means a single-family dwelling, or a
residential dwelling unit in a multi-unit structure,
condominium, cooperative, timeshare, or similar joint property
ownership arrangement, that is rented for a fee for less than
30 consecutive days. "Short-term rental" includes a vacation
rental.
"Operator" and "room" have the meanings given to those
terms in the Hotel Operators' Occupation Tax Act.
(c) The Department may receive State funds and, directly
or indirectly, federal funds under the authority of
legislation passed in response to the Coronavirus epidemic
including, but not limited to, the American Rescue Plan Act of
2021, (Public Law 117-2) ("ARPA"); such funds shall be used in
accordance with the ARPA legislation and other State and

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federal law. Upon receipt or availability of such State or
federal funds, and subject to appropriations for their use,
the Department shall establish the Hotel Jobs Recovery Grant
Program for the purpose of providing direct relief to hotels
impacted by the COVID-19 pandemic. Based on an application
filed by the hotel operator, the Department shall award a
one-time grant in an amount of up to $1,500 for each room in
the hotel. Every hotel in operation in the state prior to March
12, 2020 that remains in operation shall be eligible to apply
for the grant. Grant awards shall be scaled based on a process
determined by the Department, including reducing the grant
amount by previous state and local relief provided to the
business during the COVID-19 pandemic.
(d) Any operator who receives grant funds under this
Section shall use a minimum of 80% of the funds on payroll
costs, to the extent permitted by Section 9901 of ARPA,
including, but not limited to, wages, benefits, and employer
contributions to employee healthcare costs. The remaining
funds shall be used on any other costs and losses permitted by
ARPA.
(e) Within 12 months after receiving grant funds under
this Section, the operator shall submit a written attestation
to the Department acknowledging compliance with subsection
(d).
(f) The Department may establish by rule administrative
procedures for the grant program, including any application

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procedures, grant agreements, certifications, payment
methodologies, and other accountability measures that may be
imposed upon participants in the program. The emergency
rulemaking process may be used to promulgate the initial rules
of the program following April 19, 2022 (the effective date of
Public Act 102-699) this amendatory Act of the 102nd General
Assembly.
(g) The Department has the power to issue grants and enter
into agreements with eligible hotels to carry out the purposes
of this program.
(h) This Section is repealed on December 31, 2024.
(Source: P.A. 102-699, eff. 4-19-22; revised 7-27-22.)
(20 ILCS 605/605-1096)
Sec. 605-1096 605-1095. Industrial Biotechnology Workforce
Development Grant Program.
(a) The Industrial Biotechnology Workforce Development
Grant Program is hereby established as a program to be
implemented and administered by the Department. The Program
shall provide grants for the purpose of fostering a
well-trained and well-skilled industrial biotechnology
workforce.
(b) Subject to appropriation, grants under the Program may
be awarded on an annual basis for one or more of the following:
(1) industrial biotechnology apprenticeships or
apprenticeship programs;

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(2) industrial biotechnology talent pipeline
management programs that emphasize business-oriented
strategies to increase workforce competitiveness, improve
workforce diversity, and expand a regional talent pool
around high-growth industries;
(3) industrial biotechnology industry-aligned
credential (digital badging) expansion programs to
increase the number of workers with in-demand skills
needed to obtain a job or advance within the workplace and
for merging competency-based education with responsive
workforce training strategies; and
(4) high school and community college industrial
biotechnology career pathway and pre-apprenticeship
program development.
(c) To be eligible for grants provided under the Program,
an entity must be either: (i) a State-sponsored,
university-affiliated laboratory or research institution
conducting collaboratives or for-hire research in the
development of biorenewable chemicals, bio-based polymers,
materials, novel feeds, or additional value-added
biorenewables; or (ii) a State-accredited university or
community college. An eligible entity must establish that it
plans to use grant funds for a purpose specifically provided
under subsection (b).
(d) On or before January 31 of the next calendar year to
occur after the last day of any State fiscal year in which the

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Department of Commerce and Economic Opportunity receives State
funding for the Program under this Section, the Department of
Commerce and Economic Opportunity shall submit an annual
report to the General Assembly and the Governor on the use of
grant funds under the Program. The report shall include, but
not be limited to: (i) the disbursement of grant funds,
categorized by eligible entity; (ii) the number of persons
enrolled in or taking advantage of a program established or
maintained using grant funds; (iii) the number of persons
completing a program established or maintained using grant
funds; and (iv) the number of person gaining employment in the
industrial biotechnology industry following completion of a
program established or maintained using grant funds.
(e) The Department shall adopt all rules necessary for the
implementation and administration of the Program under this
Section.
(Source: P.A. 102-991, eff. 1-1-23; revised 12-29-22.)
Section 75. The Electric Vehicle Act is amended by
changing Section 45 as follows:
(20 ILCS 627/45)
Sec. 45. Beneficial electrification.
(a) It is the intent of the General Assembly to decrease
reliance on fossil fuels, reduce pollution from the
transportation sector, increase access to electrification for

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all consumers, and ensure that electric vehicle adoption and
increased electricity usage and demand do not place
significant additional burdens on the electric system and
create benefits for Illinois residents.
(1) Illinois should increase the adoption of electric
vehicles in the State to 1,000,000 by 2030.
(2) Illinois should strive to be the best state in the
nation in which to drive and manufacture electric
vehicles.
(3) Widespread adoption of electric vehicles is
necessary to electrify the transportation sector,
diversify the transportation fuel mix, drive economic
development, and protect air quality.
(4) Accelerating the adoption of electric vehicles
will drive the decarbonization of Illinois' transportation
sector.
(5) Expanded infrastructure investment will help
Illinois more rapidly decarbonize the transportation
sector.
(6) Statewide adoption of electric vehicles requires
increasing access to electrification for all consumers.
(7) Widespread adoption of electric vehicles requires
increasing public access to charging equipment throughout
Illinois, especially in low-income and environmental
justice communities, where levels of air pollution burden
tend to be higher.

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(8) Widespread adoption of electric vehicles and
charging equipment has the potential to provide customers
with fuel cost savings and electric utility customers with
cost-saving benefits.
(9) Widespread adoption of electric vehicles can
improve an electric utility's electric system efficiency
and operational flexibility, including the ability of the
electric utility to integrate renewable energy resources
and make use of off-peak generation resources that support
the operation of charging equipment.
(10) Widespread adoption of electric vehicles should
stimulate innovation, competition, and increased choices
in charging equipment and networks and should also attract
private capital investments and create high-quality jobs
in Illinois.
(b) As used in this Section:
"Agency" means the Environmental Protection Agency.
"Beneficial electrification programs" means programs that
lower carbon dioxide emissions, replace fossil fuel use,
create cost savings, improve electric grid operations, reduce
increases to peak demand, improve electric usage load shape,
and align electric usage with times of renewable generation.
All beneficial electrification programs shall provide for
incentives such that customers are induced to use electricity
at times of low overall system usage or at times when
generation from renewable energy sources is high. "Beneficial

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electrification programs" include a portfolio of the
following:
(1) time-of-use electric rates;
(2) hourly pricing electric rates;
(3) optimized charging programs or programs that
encourage charging at times beneficial to the electric
grid;
(4) optional demand-response programs specifically
related to electrification efforts;
(5) incentives for electrification and associated
infrastructure tied to using electricity at off-peak
times;
(6) incentives for electrification and associated
infrastructure targeted to medium-duty and heavy-duty
vehicles used by transit agencies;
(7) incentives for electrification and associated
infrastructure targeted to school buses;
(8) incentives for electrification and associated
infrastructure for medium-duty and heavy-duty government
and private fleet vehicles;
(9) low-income programs that provide access to
electric vehicles for communities where car ownership or
new car ownership is not common;
(10) incentives for electrification in eligible
communities;
(11) incentives or programs to enable quicker adoption

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of electric vehicles by developing public charging
stations in dense areas, workplaces, and low-income
communities;
(12) incentives or programs to develop electric
vehicle infrastructure that minimizes range anxiety,
filling the gaps in deployment, particularly in rural
areas and along highway corridors;
(13) incentives to encourage the development of
electrification and renewable energy generation in close
proximity in order to reduce grid congestion;
(14) offer support to low-income communities who are
experiencing financial and accessibility barriers such
that electric vehicle ownership is not an option; and
(15) other such programs as defined by the Commission.
"Black, indigenous, and people of color" or "BIPOC" means
people who are members of the groups described in
subparagraphs (a) through (e) of paragraph (A) of subsection
(1) of Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
"Commission" means the Illinois Commerce Commission.
"Coordinator" means the Electric Vehicle Coordinator.
"Electric vehicle" means a vehicle that is exclusively
powered by and refueled by electricity, must be plugged in to
charge, and is licensed to drive on public roadways. "Electric
vehicle" does not include electric mopeds, electric
off-highway vehicles, or hybrid electric vehicles and

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extended-range electric vehicles that are also equipped with
conventional fueled propulsion or auxiliary engines.
"Electric vehicle charging station" means a station that
delivers electricity from a source outside an electric vehicle
into one or more electric vehicles.
"Environmental justice communities" means the definition
of that term based on existing methodologies and findings,
used and as may be updated by the Illinois Power Agency and its
program administrator in the Illinois Solar for All Program.
"Equity investment eligible community" or "eligible
community" means the geographic areas throughout Illinois
which would most benefit from equitable investments by the
State designed to combat discrimination and foster sustainable
economic growth. Specifically, "eligible community" means the
following areas:
(1) areas where residents have been historically
excluded from economic opportunities, including
opportunities in the energy sector, as defined pursuant to
Section 10-40 of the Cannabis Regulation and Tax Act; and
(2) areas where residents have been historically
subject to disproportionate burdens of pollution,
including pollution from the energy sector, as established
by environmental justice communities as defined by the
Illinois Power Agency pursuant to Illinois Power Agency
Act, excluding any racial or ethnic indicators.
"Equity investment eligible person" or "eligible person"

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means the persons who would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, "eligible
person" means the following people:
(1) persons whose primary residence is in an equity
investment eligible community;
(2) persons who are graduates of or currently enrolled
in the foster care system; or
(3) persons who were formerly incarcerated.
"Low-income" means persons and families whose income does
not exceed 80% of the state median income for the current State
fiscal year as established by the U.S. Department of Health
and Human Services.
"Make-ready infrastructure" means the electrical and
construction work necessary between the distribution circuit
to the connection point of charging equipment.
"Optimized charging programs" mean programs whereby owners
of electric vehicles can set their vehicles to be charged
based on the electric system's current demand, retail or
wholesale market rates, incentives, the carbon or other
pollution intensity of the electric generation mix, the
provision of grid services, efficient use of the electric
grid, or the availability of clean energy generation.
Optimized charging programs may be operated by utilities as
well as third parties.
(c) The Commission shall initiate a workshop process no

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later than November 30, 2021 for the purpose of soliciting
input on the design of beneficial electrification programs
that the utility shall offer. The workshop shall be
coordinated by the Staff of the Commission, or a facilitator
retained by Staff, and shall be organized and facilitated in a
manner that encourages representation from diverse
stakeholders, including stakeholders representing
environmental justice and low-income communities, and ensures
equitable opportunities for participation, without requiring
formal intervention or representation by an attorney.
The stakeholder workshop process shall take into
consideration the benefits of electric vehicle adoption and
barriers to adoption, including:
(1) the benefit of lower bills for customers who do
not charge electric vehicles;
(2) benefits to the distribution system from electric
vehicle usage;
(3) the avoidance and reduction in capacity costs from
optimized charging and off-peak charging;
(4) energy price and cost reductions;
(5) environmental benefits, including greenhouse gas
emission and other pollution reductions;
(6) current barriers to mass-market adoption,
including cost of ownership and availability of charging
stations;
(7) current barriers to increasing access among

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populations that have limited access to electric vehicle
ownership, communities significantly impacted by
transportation-related pollution, and market segments that
create disproportionate pollution impacts;
(8) benefits of and incentives for medium-duty and
heavy-duty fleet vehicle electrification;
(9) opportunities for eligible communities to benefit
from electrification;
(10) geographic areas and market segments that should
be prioritized for electrification infrastructure
investment.
The workshops shall consider barriers, incentives,
enabling rate structures, and other opportunities for the bill
reduction and environmental benefits described in this
subsection.
The workshop process shall conclude no later than February
28, 2022. Following the workshop, the Staff of the Commission,
or the facilitator retained by the Staff, shall prepare and
submit a report, no later than March 31, 2022, to the
Commission that includes, but is not limited to,
recommendations for transportation electrification investment
or incentives in the following areas:
(i) publicly accessible Level 2 and fast-charging
stations, with a focus on bringing access to
transportation electrification in densely populated areas
and workplaces within eligible communities;

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(ii) medium-duty and heavy-duty charging
infrastructure used by government and private fleet
vehicles that serve or travel through environmental
justice or eligible communities;
(iii) medium-duty and heavy-duty charging
infrastructure used in school bus operations, whether
private or public, that primarily serve governmental or
educational institutions, and also serve or travel through
environmental justice or eligible communities;
(iv) public transit medium-duty and heavy-duty
charging infrastructure, developed in consultation with
public transportation agencies; and
(v) publicly accessible Level 2 and fast-charging
stations targeted to fill gaps in deployment, particularly
in rural areas and along State highway corridors.
The report must also identify the participants in the
process, program designs proposed during the process,
estimates of the costs and benefits of proposed programs, any
material issues that remained unresolved at the conclusions of
such process, and any recommendations for workshop process
improvements. The report shall be used by the Commission to
inform and evaluate the cost effectiveness and achievement of
goals within the submitted Beneficial Electrification Plans.
(d) No later than July 1, 2022, electric utilities serving
greater than 500,000 customers in the State shall file a
Beneficial Electrification Plan with the Illinois Commerce

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Commission for programs that start no later than January 1,
2023. The plan shall take into consideration recommendations
from the workshop report described in this Section. Within 45
days after the filing of the Beneficial Electrification Plan,
the Commission shall, with reasonable notice, open an
investigation to consider whether the plan meets the
objectives and contains the information required by this
Section. The Commission shall determine if the proposed plan
is cost-beneficial and in the public interest. When
considering if the plan is in the public interest and
determining appropriate levels of cost recovery for
investments and expenditures related to programs proposed by
an electric utility, the Commission shall consider whether the
investments and other expenditures are designed and reasonably
expected to:
(1) maximize total energy cost savings and rate
reductions so that nonparticipants can benefit;
(2) address environmental justice interests by
ensuring there are significant opportunities for residents
and businesses in eligible communities to directly
participate in and benefit from beneficial electrification
programs;
(3) support at least a 40% investment of make-ready
infrastructure incentives to facilitate the rapid
deployment of charging equipment in or serving
environmental justice, low-income, and eligible

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communities; however, nothing in this subsection is
intended to require a specific amount of spending in a
particular geographic area;
(4) support at least a 5% investment target in
electrifying medium-duty and heavy-duty school bus and
diesel public transportation vehicles located in or
serving environmental justice, low-income, and eligible
communities in order to provide those communities and
businesses with greater economic investment,
transportation opportunities, and a cleaner environment so
they can directly benefit from transportation
electrification efforts; however, nothing in this
subsection is intended to require a specific amount of
spending in a particular geographic area;
(5) stimulate innovation, competition, private
investment, and increased consumer choices in electric
vehicle charging equipment and networks;
(6) contribute to the reduction of carbon emissions
and meeting air quality standards, including improving air
quality in eligible communities who disproportionately
suffer from emissions from the medium-duty and heavy-duty
transportation sector;
(7) support the efficient and cost-effective use of
the electric grid in a manner that supports electric
vehicle charging operations; and
(8) provide resources to support private investment in

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charging equipment for uses in public and private charging
applications, including residential, multi-family, fleet,
transit, community, and corridor applications.
The plan shall be determined to be cost-beneficial if the
total cost of beneficial electrification expenditures is less
than the net present value of increased electricity costs
(defined as marginal avoided energy, avoided capacity, and
avoided transmission and distribution system costs) avoided by
programs under the plan, the net present value of reductions
in other customer energy costs, net revenue from all electric
charging in the service territory, and the societal value of
reduced carbon emissions and surface-level pollutants,
particularly in environmental justice communities. The
calculation of costs and benefits should be based on net
impacts, including the impact on customer rates.
The Commission shall approve, approve with modifications,
or reject the plan within 270 days from the date of filing. The
Commission may approve the plan if it finds that the plan will
achieve the goals described in this Section and contains the
information described in this Section. Proceedings under this
Section shall proceed according to the rules provided by
Article IX of the Public Utilities Act. Information contained
in the approved plan shall be considered part of the record in
any Commission proceeding under Section 16-107.6 of the Public
Utilities Act, provided that a final order has not been
entered prior to the initial filing date. The Beneficial

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Electrification Plan shall specifically address, at a minimum,
the following:
(i) make-ready investments to facilitate the rapid
deployment of charging equipment throughout the State,
facilitate the electrification of public transit and other
vehicle fleets in the light-duty, medium-duty, and
heavy-duty sectors, and align with Agency-issued rebates
for charging equipment;
(ii) the development and implementation of beneficial
electrification programs, including time-of-use rates and
their benefit for electric vehicle users and for all
customers, optimized charging programs to achieve savings
identified, and new contracts and compensation for
services in those programs, through signals that allow
electric vehicle charging to respond to local system
conditions, manage critical peak periods, serve as a
demand response or peak resource, and maximize renewable
energy use and integration into the grid;
(iii) optional commercial tariffs utilizing
alternatives to traditional demand-based rate structures
to facilitate charging for light-duty, heavy-duty, light
duty, heavy duty, and fleet electric vehicles;
(iv) financial and other challenges to electric
vehicle usage in low-income communities, and strategies
for overcoming those challenges, particularly in
communities where and for people for whom car ownership is

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not an option;
(v) methods of minimizing ratepayer impacts and
exempting or minimizing, to the extent possible,
low-income ratepayers from the costs associated with
facilitating the expansion of electric vehicle charging;
(vi) plans to increase access to Level 3 Public
Electric Vehicle Charging Infrastructure to serve vehicles
that need quicker charging times and vehicles of persons
who have no other access to charging infrastructure,
regardless of whether those projects participate in
optimized charging programs;
(vii) whether to establish charging standards for type
of plugs eligible for investment or incentive programs,
and if so, what standards;
(viii) opportunities for coordination and cohesion
with electric vehicle and electric vehicle charging
equipment incentives established by any agency,
department, board, or commission of the State, any other
unit of government in the State, any national programs, or
any unit of the federal government;
(ix) ideas for the development of online tools,
applications, and data sharing that provide essential
information to those charging electric vehicles, and
enable an automated charging response to price signals,
emission signals, real-time renewable generation
production, and other Commission-approved or

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customer-desired indicators of beneficial charging times;
and
(x) customer education, outreach, and incentive
programs that increase awareness of the programs and the
benefits of transportation electrification, including
direct outreach to eligible communities. ;
(e) Proceedings under this Section shall proceed according
to the rules provided by Article IX of the Public Utilities
Act. Information contained in the approved plan shall be
considered part of the record in any Commission proceeding
under Section 16-107.6 of the Public Utilities Act, provided
that a final order has not been entered prior to the initial
filing date.
(f) The utility shall file an update to the plan on July 1,
2024 and every 3 years thereafter. This update shall describe
transportation investments made during the prior plan period,
investments planned for the following 24 months, and updates
to the information required by this Section. Beginning with
the first update, the utility shall develop the plan in
conjunction with the distribution system planning process
described in Section 16-105.17, including incorporation of
stakeholder feedback from that process.
(g) Within 35 days after the utility files its report, the
Commission shall, upon its own initiative, open an
investigation regarding the utility's plan update to
investigate whether the objectives described in this Section

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are being achieved. The Commission shall determine whether
investment targets should be increased based on achievement of
spending goals outlined in the Beneficial Electrification Plan
and consistency with outcomes directed in the plan stakeholder
workshop report. If the Commission finds, after notice and
hearing, that the utility's plan is materially deficient, the
Commission shall issue an order requiring the utility to
devise a corrective action plan, subject to Commission
approval, to bring the plan into compliance with the goals of
this Section. The Commission's order shall be entered within
270 days after the utility files its annual report. The
contents of a plan filed under this Section shall be available
for evidence in Commission proceedings. However, omission from
an approved plan shall not render any future utility
expenditure to be considered unreasonable or imprudent. The
Commission may, upon sufficient evidence, allow expenditures
that were not part of any particular distribution plan. The
Commission shall consider revenues from electric vehicles in
the utility's service territory in evaluating the retail rate
impact. The retail rate impact from the development of
electric vehicle infrastructure shall not exceed 1% per year
of the total annual revenue requirements of the utility.
(h) In meeting the requirements of this Section, the
utility shall demonstrate efforts to increase the use of
contractors and electric vehicle charging station installers
that meet multiple workforce equity actions, including, but

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not limited to:
(1) the business is headquartered in or the person
resides in an eligible community;
(2) the business is majority owned by eligible person
or the contractor is an eligible person;
(3) the business or person is certified by another
municipal, State, federal, or other certification for
disadvantaged businesses;
(4) the business or person meets the eligibility
criteria for a certification program such as:
(A) certified under Section 2 of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act;
(B) certified by another municipal, State,
federal, or other certification for disadvantaged
businesses;
(C) submits an affidavit showing that the vendor
meets the eligibility criteria for a certification
program such as those in items (A) and (B); or
(D) if the vendor is a nonprofit, meets any of the
criteria in those in item (A), (B), or (C) with the
exception that the nonprofit is not required to meet
any criteria related to being a for-profit entity, or
is controlled by a board of directors that consists of
51% or greater individuals who are equity investment
eligible persons; or

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(E) ensuring that program implementation
contractors and electric vehicle charging station
installers pay employees working on electric vehicle
charging installations at or above the prevailing wage
rate as published by the Department of Labor.
Utilities shall establish reporting procedures for vendors
that ensure compliance with this subsection, but are
structured to avoid, wherever possible, placing an undue
administrative burden on vendors.
(i) Program data collection.
(1) In order to ensure that the benefits provided to
Illinois residents and business by the clean energy
economy are equitably distributed across the State, it is
necessary to accurately measure the applicants and
recipients of this Program. The purpose of this paragraph
is to require the implementing utilities to collect all
data from Program applicants and beneficiaries to track
and improve equitable distribution of benefits across
Illinois communities. The further purpose is to measure
any potential impact of racial discrimination on the
distribution of benefits and provide the utilities the
information necessary to correct any discrimination
through methods consistent with State and federal law.
(2) The implementing utilities shall collect
demographic and geographic data for each applicant and
each person or business awarded benefits or contracts

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under this Program.
(3) The implementing utilities shall collect the
following information from applicants and Program or
procurement beneficiaries where applicable:
(A) demographic information, including racial or
ethnic identity for real persons employed, contracted,
or subcontracted through the program;
(B) demographic information, including racial or
ethnic identity of business owners;
(C) geographic location of the residency of real
persons or geographic location of the headquarters for
businesses; and
(D) any other information necessary for the
purpose of achieving the purpose of this paragraph.
(4) The utility shall publish, at least annually,
aggregated information on the demographics of program and
procurement applicants and beneficiaries. The utilities
shall protect personal and confidential business
information as necessary.
(5) The utilities shall conduct a regular review
process to confirm the accuracy of reported data.
(6) On a quarterly basis, utilities shall collect data
necessary to ensure compliance with this Section and shall
communicate progress toward compliance to program
implementation contractors and electric vehicle charging
station installation vendors.

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(7) Utilities filing Beneficial Electrification Plans
under this Section shall report annually to the Illinois
Commerce Commission and the General Assembly on how
hiring, contracting, job training, and other practices
related to its Beneficial electrification programs enhance
the diversity of vendors working on such programs. These
reports must include data on vendor and employee
diversity.
(j) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-662, eff. 9-15-21; 102-820, eff. 5-13-22;
revised 9-14-22.)
Section 80. The Renewable Energy, Energy Efficiency, and
Coal Resources Development Law of 1997 is amended by changing
Section 6-5 as follows:
(20 ILCS 687/6-5)
(Section scheduled to be repealed on December 31, 2025)
Sec. 6-5. Renewable Energy Resources and Coal Technology
Development Assistance Charge.
(a) Notwithstanding the provisions of Section 16-111 of
the Public Utilities Act but subject to subsection (e) of this
Section, each public utility, electric cooperative, as defined
in Section 3.4 of the Electric Supplier Act, and municipal
utility, as referenced in Section 3-105 of the Public

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Utilities Act, that is engaged in the delivery of electricity
or the distribution of natural gas within the State of
Illinois shall, effective January 1, 1998, assess each of its
customer accounts a monthly Renewable Energy Resources and
Coal Technology Development Assistance Charge. The delivering
public utility, municipal electric or gas utility, or electric
or gas cooperative for a self-assessing purchaser remains
subject to the collection of the fee imposed by this Section.
The monthly charge shall be as follows:
(1) $0.05 per month on each account for residential
electric service as defined in Section 13 of the Energy
Assistance Act;
(2) $0.05 per month on each account for residential
gas service as defined in Section 13 of the Energy
Assistance Act;
(3) $0.50 per month on each account for nonresidential
electric service, as defined in Section 13 of the Energy
Assistance Act, which had less than 10 megawatts of peak
demand during the previous calendar year;
(4) $0.50 per month on each account for nonresidential
gas service, as defined in Section 13 of the Energy
Assistance Act, which had distributed to it less than
4,000,000 therms of gas during the previous calendar year;
(5) $37.50 per month on each account for
nonresidential electric service, as defined in Section 13
of the Energy Assistance Act, which had 10 megawatts or

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greater of peak demand during the previous calendar year;
and
(6) $37.50 per month on each account for
nonresidential gas service, as defined in Section 13 of
the Energy Assistance Act, which had 4,000,000 or more
therms of gas distributed to it during the previous
calendar year.
(b) The Renewable Energy Resources and Coal Technology
Development Assistance Charge assessed by electric and gas
public utilities shall be considered a charge for public
utility service.
(c) Fifty percent of the moneys collected pursuant to this
Section shall be deposited in the Renewable Energy Resources
Trust Fund by the Department of Revenue. From those funds,
$2,000,000 may be used annually by the Environmental
Protection Agency to provide grants to the Illinois Green
Economy Network for the purposes of funding education and
training for renewable energy and energy efficiency technology
and for the operation and services of the Illinois Green
Economy Network. The remaining 50 percent of the moneys
collected pursuant to this Section shall be deposited in the
Coal Technology Development Assistance Fund by the Department
of Revenue for the exclusive purposes of (1) capturing or
sequestering carbon emissions produced by coal combustion; (2)
supporting research on the capture and sequestration of carbon
emissions produced by coal combustion; and (3) improving coal

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miner safety.
(d) By the 20th day of the month following the month in
which the charges imposed by this Section were collected, each
utility and alternative retail electric supplier collecting
charges pursuant to this Section shall remit to the Department
of Revenue for deposit in the Renewable Energy Resources Trust
Fund and the Coal Technology Development Assistance Fund all
moneys received as payment of the charge provided for in this
Section on a return prescribed and furnished by the Department
of Revenue showing such information as the Department of
Revenue may reasonably require.
If any payment provided for in this Section exceeds the
utility or alternative alternate retail electric supplier's
liabilities under this Act, as shown on an original return,
the utility or alternative retail electric supplier may credit
the excess payment against liability subsequently to be
remitted to the Department of Revenue under this Act.
(e) The charges imposed by this Section shall only apply
to customers of municipal electric or gas utilities and
electric or gas cooperatives if the municipal electric or gas
utility or electric or gas cooperative makes an affirmative
decision to impose the charge. If a municipal electric or gas
utility or an electric or gas cooperative makes an affirmative
decision to impose the charge provided by this Section, the
municipal electric or gas utility or electric or gas
cooperative shall inform the Department of Revenue in writing

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of such decision when it begins to impose the charge. If a
municipal electric or gas utility or electric or gas
cooperative does not assess this charge, its customers shall
not be eligible for the Renewable Energy Resources Program.
(f) The Department of Revenue may establish such rules as
it deems necessary to implement this Section.
(Source: P.A. 102-444, eff. 8-20-21; revised 9-13-22.)
Section 85. The Financial Institutions Code is amended by
changing Section 6 as follows:
(20 ILCS 1205/6)
Sec. 6. General powers and duties. In addition to the
powers and duties provided by law and imposed elsewhere in
this Act, the Division has the following powers and duties:
(1) To administer and enforce the Consumer Installment
Loan Act and its implementing rules.
(2) To administer and enforce the Currency Exchange
Act and its implementing rules. the Currency Exchange Act
(3) To administer and enforce the Debt Management
Service Act and its implementing rules.
(4) To administer and enforce the Debt Settlement
Consumer Protection Act and its implementing rules.
(5) To administer and enforce the Illinois Development
Credit Corporation Act and its implementing rules.
(6) To administer and enforce the Payday Loan Reform

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Act and its implementing rules. the Safety Deposit License
Act
(7) To administer and enforce the Safety Deposit
License Act and its implementing rules.
(8) To administer and enforce the Sales Finance Agency
Act and its implementing rules.
(9) To administer and enforce the Title Insurance Act
and its implementing rules.
(10) To administer and enforce the Transmitters of
Money Act and its implementing rules.
(11) To administer and enforce the Predatory Loan
Prevention Act and its implementing rules.
(12) To administer and enforce the Motor Vehicle
Retail Installment Sales Act and its implementing rules.
(13) To administer and enforce the Retail Installment
Sales Act and its implementing rules.
(14) To administer and enforce the Illinois Credit
Union Act and its implementing rules.
(15) To administer and enforce the Collection Agency
Act and its implementing rules.
(16) To administer and enforce any other Act
administered by the Director or Division.
(17) If the Division 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, to obtain from the Illinois

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State Police, upon request and payment of the fees
required by the Illinois State Police Law of the Civil
Administrative Code of Illinois, pursuant to positive
identification, such information contained in State files
as is necessary to carry out the duties of the Division.
(18) To authorize and administer examinations to
ascertain the qualifications of applicants and licensees
for which the examination is held.
(19) To conduct hearings in proceedings to revoke,
suspend, refuse to renew, or take other disciplinary
action regarding licenses, charters, certifications,
registrations, or authorities of persons as authorized in
any Act administered by the Division.
(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-975, eff. 1-1-23; revised
12-13-22.)
Section 90. The Department of Human Services Act is
amended by changing Section 1-17 and by setting forth and
renumbering multiple versions of Section 1-75 as follows:
(20 ILCS 1305/1-17)
Sec. 1-17. Inspector General.
(a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due

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to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded,
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
(b) Definitions. The following definitions apply to this
Section:
"Agency" or "community agency" means (i) a community
agency licensed, funded, or certified by the Department, but
not licensed or certified by any other human services agency
of the State, to provide mental health service or
developmental disabilities service, or (ii) a program
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of
the State, to provide mental health service or developmental
disabilities service.
"Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
"Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an

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employee, facility, or agency against an individual or
individuals: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
"Department" means the Department of Human Services.
"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a
gross failure to adequately provide for, or a callused
indifference to, the health, safety, or medical needs of an
individual and (ii) results in an individual's death or other
serious deterioration of an individual's physical condition or
mental condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility
or agency. Also, "employee" includes any employee or
contractual agent of the Department of Human Services or the
community agency involved in providing or monitoring or

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administering mental health or developmental disability
services. This includes but is not limited to: owners,
operators, payroll personnel, contractors, subcontractors, and
volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
"Health Care Worker Registry" or "Registry" means the
Health Care Worker Registry under the Health Care Worker
Background Check Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Mental abuse" means the use of demeaning, intimidating,
or threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress
or maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.

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"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused,
or both the severity of the conduct and the culpability of the
accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results
in either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety
at substantial risk.
"Person with a developmental disability" means a person
having a developmental disability.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or

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Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
"Sexually explicit images" includes, but is not limited
to, any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.

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"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the
Senate shall confirm, an Inspector General. The Inspector
General shall be appointed for a term of 4 years and shall
function within the Department of Human Services and report to
the Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,

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physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State
in investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
(f) Limitations. The Inspector General shall not conduct
an investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection
limits investigations by the Department that may otherwise be
required by law or that may be necessary in the Department's

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capacity as central administrative authority responsible for
the operation of the State's mental health and developmental
disabilities facilities.
(g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with,
an investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department
in preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
(h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons
receiving treatment for mental illness, developmental
disability, or both mental illness and developmental
disability, and (ii) establish and conduct periodic training

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programs for facility and agency employees concerning the
prevention and reporting of any one or more of the following:
mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The Inspector General
shall further ensure (i) every person authorized to conduct
investigations at community agencies receives ongoing training
in Title 59, Parts 115, 116, and 119 of the Illinois
Administrative Code, and (ii) every person authorized to
conduct investigations shall receive ongoing training in Title
59, Part 50 of the Illinois Administrative Code. Nothing in
this Section shall be deemed to prevent the Office of
Inspector General from conducting any other training as
determined by the Inspector General to be necessary or
helpful.
(i) Duty to cooperate.
(1) The Inspector General shall at all times be
granted access to any facility or agency for the purpose
of investigating any allegation, conducting unannounced
site visits, monitoring compliance with a written
response, or completing any other statutorily assigned
duty. The Inspector General shall conduct unannounced site
visits to each facility at least annually for the purpose
of reviewing and making recommendations on systemic issues
relative to preventing, reporting, investigating, and
responding to all of the following: mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, or

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financial exploitation.
(2) Any employee who fails to cooperate with an Office
of the Inspector General investigation is in violation of
this Act. Failure to cooperate with an investigation
includes, but is not limited to, any one or more of the
following: (i) creating and transmitting a false report to
the Office of the Inspector General hotline, (ii)
providing false information to an Office of the Inspector
General Investigator during an investigation, (iii)
colluding with other employees to cover up evidence, (iv)
colluding with other employees to provide false
information to an Office of the Inspector General
investigator, (v) destroying evidence, (vi) withholding
evidence, or (vii) otherwise obstructing an Office of the
Inspector General investigation. Additionally, any
employee who, during an unannounced site visit or written
response compliance check, fails to cooperate with
requests from the Office of the Inspector General is in
violation of this Act.
(j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee

SB2437 - 205 - LRB103 26700 AMC 53063 b
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
(k) Reporting allegations and deaths.
(1) Allegations. If an employee witnesses, is told of,
or has reason to believe an incident of mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation has occurred, the employee, agency, or
facility shall report the allegation by phone to the
Office of the Inspector General hotline according to the
agency's or facility's procedures, but in no event later
than 4 hours after the initial discovery of the incident,
allegation, or suspicion of any one or more of the
following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation. A required reporter as
defined in subsection (b) of this Section who knowingly or
intentionally fails to comply with these reporting
requirements is guilty of a Class A misdemeanor.
(2) Deaths. Absent an allegation, a required reporter
shall, within 24 hours after initial discovery, report by
phone to the Office of the Inspector General hotline each
of the following:
(i) Any death of an individual occurring within 14

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calendar days after discharge or transfer of the
individual from a residential program or facility.
(ii) Any death of an individual occurring within
24 hours after deflection from a residential program
or facility.
(iii) Any other death of an individual occurring
at an agency or facility or at any Department-funded
site.
(3) Retaliation. It is a violation of this Act for any
employee or administrator of an agency or facility to take
retaliatory action against an employee who acts in good
faith in conformance with his or her duties as a required
reporter.
(l) Reporting to law enforcement. Reporting criminal acts.
Within 24 hours after determining that there is credible
evidence indicating that a criminal act may have been
committed or that special expertise may be required in an
investigation, the Inspector General shall notify the Illinois
State Police or other appropriate law enforcement authority,
or ensure that such notification is made. The Illinois State
Police shall investigate any report from a State-operated
facility indicating a possible murder, sexual assault, or
other felony by an employee. All investigations conducted by
the Inspector General shall be conducted in a manner designed
to ensure the preservation of evidence for possible use in a
criminal prosecution.

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(m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report
on the case to the Secretary and to the director of the
facility or agency where any one or more of the following
occurred: mental abuse, physical abuse, sexual abuse, neglect,
egregious neglect, or financial exploitation. The director of
the facility or agency shall be responsible for maintaining
the confidentiality of the investigative report consistent
with State and federal law. In a substantiated case, the
investigative report shall include any mitigating or
aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be
disclosed except as allowed under Section 6 of the Abused and

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Neglected Long Term Care Facility Residents Reporting Act. Raw
data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the
initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the victim, the victim's
guardian, and the accused shall be provided with a redacted
copy of the investigative report. Death reports where there
was no allegation of abuse or neglect shall only be released
pursuant to applicable State or federal law or a valid court
order. Unredacted investigative reports, as well as raw data,
may be shared with a local law enforcement entity, a State's
Attorney's office, or a county coroner's office upon written
request.
(n) Written responses, clarification requests, and
reconsideration requests.
(1) Written responses. Within 30 calendar days from
receipt of a substantiated investigative report or an
investigative report which contains recommendations,
absent a reconsideration request, the facility or agency
shall file a written response that addresses, in a concise
and reasoned manner, the actions taken to: (i) protect the
individual; (ii) prevent recurrences; and (iii) eliminate
the problems identified. The response shall include the

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implementation and completion dates of such actions. If
the written response is not filed within the allotted 30
calendar day period, the Secretary shall determine the
appropriate corrective action to be taken.
(2) Requests for clarification. The facility, agency,
victim or guardian, or the subject employee may request
that the Office of Inspector General clarify the finding
or findings for which clarification is sought.
(3) Requests for reconsideration. The facility,
agency, victim or guardian, or the subject employee may
request that the Office of the Inspector General
reconsider the finding or findings or the recommendations.
A request for reconsideration shall be subject to a
multi-layer review and shall include at least one reviewer
who did not participate in the investigation or approval
of the original investigative report. After the
multi-layer review process has been completed, the
Inspector General shall make the final determination on
the reconsideration request. The investigation shall be
reopened if the reconsideration determination finds that
additional information is needed to complete the
investigative record.
(o) Disclosure of the finding by the Inspector General.
The Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,

SB2437 - 210 - LRB103 26700 AMC 53063 b
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
(p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure, or certification,
or (iv) the imposition of appropriate sanctions.
(q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of
any implementation plan that takes more than 120 days after

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approval to complete, and shall monitor compliance through a
random review of approved written responses, which may
include, but are not limited to: (i) site visits, (ii)
telephone contact, and (iii) requests for additional
documentation evidencing compliance.
(r) Sanctions. Sanctions, if imposed by the Secretary
under Subdivision (p)(iv) of this Section, shall be designed
to prevent further acts of mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation or some combination of one or more of those acts
at a facility or agency, and may include any one or more of the
following:
(1) Appointment of on-site monitors.
(2) Transfer or relocation of an individual or
individuals.
(3) Closure of units.
(4) Termination of any one or more of the following:
(i) Department licensing, (ii) funding, or (iii)
certification.
The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's
Attorney in implementing sanctions.
(s) Health Care Worker Registry.
(1) Reporting to the Registry. The Inspector General
shall report to the Department of Public Health's Health
Care Worker Registry, a public registry, the identity and

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finding of each employee of a facility or agency against
whom there is a final investigative report prepared by the
Office of the Inspector General containing a substantiated
allegation of physical or sexual abuse, financial
exploitation, or egregious neglect of an individual,
unless the Inspector General requests a stipulated
disposition of the investigative report that does not
include the reporting of the employee's name to the Health
Care Worker Registry and the Secretary of Human Services
agrees with the requested stipulated disposition.
(2) Notice to employee. Prior to reporting the name of
an employee, the employee shall be notified of the
Department's obligation to report and shall be granted an
opportunity to request an administrative hearing, the sole
purpose of which is to determine if the substantiated
finding warrants reporting to the Registry. Notice to the
employee shall contain a clear and concise statement of
the grounds on which the report to the Registry is based,
offer the employee an opportunity for a hearing, and
identify the process for requesting such a hearing. Notice
is sufficient if provided by certified mail to the
employee's last known address. If the employee fails to
request a hearing within 30 days from the date of the
notice, the Inspector General shall report the name of the
employee to the Registry. Nothing in this subdivision
(s)(2) shall diminish or impair the rights of a person who

SB2437 - 213 - LRB103 26700 AMC 53063 b
is a member of a collective bargaining unit under the
Illinois Public Labor Relations Act or under any other
federal labor statute.
(3) Registry hearings. If the employee requests an
administrative hearing, the employee shall be granted an
opportunity to appear before an administrative law judge
to present reasons why the employee's name should not be
reported to the Registry. The Department shall bear the
burden of presenting evidence that establishes, by a
preponderance of the evidence, that the substantiated
finding warrants reporting to the Registry. After
considering all the evidence presented, the administrative
law judge shall make a recommendation to the Secretary as
to whether the substantiated finding warrants reporting
the name of the employee to the Registry. The Secretary
shall render the final decision. The Department and the
employee shall have the right to request that the
administrative law judge consider a stipulated disposition
of these proceedings.
(4) Testimony at Registry hearings. A person who makes
a report or who investigates a report under this Act shall
testify fully in any judicial proceeding resulting from
such a report, as to any evidence of abuse or neglect, or
the cause thereof. No evidence shall be excluded by reason
of any common law or statutory privilege relating to
communications between the alleged perpetrator of abuse or

SB2437 - 214 - LRB103 26700 AMC 53063 b
neglect, or the individual alleged as the victim in the
report, and the person making or investigating the report.
Testimony at hearings is exempt from the confidentiality
requirements of subsection (f) of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(5) Employee's rights to collateral action. No
reporting to the Registry shall occur and no hearing shall
be set or proceed if an employee notifies the Inspector
General in writing, including any supporting
documentation, that he or she is formally contesting an
adverse employment action resulting from a substantiated
finding by complaint filed with the Illinois Civil Service
Commission, or which otherwise seeks to enforce the
employee's rights pursuant to any applicable collective
bargaining agreement. If an action taken by an employer
against an employee as a result of a finding of physical
abuse, sexual abuse, or egregious neglect is overturned
through an action filed with the Illinois Civil Service
Commission or under any applicable collective bargaining
agreement and if that employee's name has already been
sent to the Registry, the employee's name shall be removed
from the Registry.
(6) Removal from Registry. At any time after the
report to the Registry, but no more than once in any
12-month period, an employee may petition the Department
in writing to remove his or her name from the Registry.

SB2437 - 215 - LRB103 26700 AMC 53063 b
Upon receiving notice of such request, the Inspector
General shall conduct an investigation into the petition.
Upon receipt of such request, an administrative hearing
will be set by the Department. At the hearing, the
employee shall bear the burden of presenting evidence that
establishes, by a preponderance of the evidence, that
removal of the name from the Registry is in the public
interest. The parties may jointly request that the
administrative law judge consider a stipulated disposition
of these proceedings.
(t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
(u) Quality Care Board. There is created, within the
Office of the Inspector General, a Quality Care Board to be
composed of 7 members appointed by the Governor with the
advice and consent of the Senate. One of the members shall be
designated as chairman by the Governor. Of the initial
appointments made by the Governor, 4 Board members shall each
be appointed for a term of 4 years and 3 members shall each be
appointed for a term of 2 years. Upon the expiration of each
member's term, a successor shall be appointed for a term of 4
years. In the case of a vacancy in the office of any member,

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the Governor shall appoint a successor for the remainder of
the unexpired term.
Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or parents of persons with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
The Board shall meet quarterly, and may hold other
meetings on the call of the chairman. Four members shall
constitute a quorum allowing the Board to conduct its
business. The Board may adopt rules and regulations it deems
necessary to govern its own procedures.
The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure
the prompt and thorough investigation of allegations of
neglect and abuse. In fulfilling these responsibilities, the
Board may do the following:
(1) Provide independent, expert consultation to the
Inspector General on policies and protocols for
investigations of alleged abuse, neglect, or both abuse
and neglect.
(2) Review existing regulations relating to the

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operation of facilities.
(3) Advise the Inspector General as to the content of
training activities authorized under this Section.
(4) Recommend policies concerning methods for
improving the intergovernmental relationships between the
Office of the Inspector General and other State or federal
offices.
(v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or
identifying information of any individual, but shall include
objective data identifying any trends in the number of
reported allegations, the timeliness of the Office of the
Inspector General's investigations, and their disposition, for
each facility and Department-wide, for the most recent 3-year
time period. The report shall also identify, by facility, the
staff-to-patient ratios taking account of direct care staff
only. The report shall also include detailed recommended
administrative actions and matters for consideration by the
General Assembly.

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(w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency.
The Auditor General shall conduct the program audit according
to the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
(x) Nothing in this Section shall be construed to mean
that an individual is a victim of abuse or neglect because of
health care services appropriately provided or not provided by
health care professionals.
(y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's
religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision
of that service based on his or her religious beliefs or
practices.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;

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102-883, eff. 5-13-22; 102-1071, eff. 6-10-22; revised
7-26-22.)
(20 ILCS 1305/1-75)
Sec. 1-75. Off-Hours Child Care Program.
(a) Legislative intent. The General Assembly finds that:
(1) Finding child care can be a challenge for
firefighters, paramedics, police officers, nurses, and
other third shift workers across the State who often work
non-typical work hours. This can impact home life, school,
bedtime routines, job safety, and the mental health of
some of our most critical front line workers and their
families.
(2) There is a need for increased options for
off-hours child care in the State. A majority of the
State's child care facilities do not provide care outside
of normal work hours, with just 3,251 day care homes and
435 group day care homes that provide night care.
(3) Illinois has a vested interest in ensuring that
our first responders and working families can provide
their children with appropriate care during off hours to
improve the morale of existing first responders and to
improve recruitment into the future.
(b) As used in this Section, "first responders" means
emergency medical services personnel as defined in the
Emergency Medical Services (EMS) Systems Act, firefighters,

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law enforcement officers, and, as determined by the
Department, any other workers who, on account of their work
schedule, need child care outside of the hours when licensed
child care facilities typically operate.
(c) Subject to appropriation, the Department of Human
Services shall establish and administer an Off-Hours Child
Care Program to help first responders and other workers
identify and access off-hours, night, or sleep time child
care. Services funded under the program must address the child
care needs of first responders. Funding provided under the
program may also be used to cover any capital and operating
expenses related to the provision of off-hours, night, or
sleep time child care for first responders. Funding awarded
under this Section shall be funded through appropriations from
the Off-Hours Child Care Program Fund created under subsection
(d). The Department shall implement the program by July 1,
2023. The Department may adopt any rules necessary to
implement the program.
(d) The Off-Hours Child Care Program Fund is created as a
special fund in the State treasury. The Fund shall consist of
any moneys appropriated to the Department of Human Services
for the Off-Hours Child Care Program. Moneys in the Fund shall
be expended for the Off-Hours Child Care Program and for no
other purpose. All interest earned on moneys in the Fund shall
be deposited into the Fund.
(Source: P.A. 102-912, eff. 5-27-22.)

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(20 ILCS 1305/1-80)
Sec. 1-80 1-75. Homeless services and supportive housing;
veterans data. The Department's Bureau of Homeless Services
and Supportive Housing within the Office of Family Support
Services shall annually review and collect data on the number
of military veterans receiving services or benefits under the
Emergency and Transitional Housing Program, the Emergency Food
Program, the Homeless Prevention Program, the Supporting
Housing Program, and the Prince Home at Manteno administered
by the Department of Veterans' Affairs. The Bureau may request
and receive the cooperation of the Department of Veterans'
Affairs and any other State agency that is relevant to the
collection of the data required under this Section. The Bureau
shall annually submit to the General Assembly a written report
that details the number of military veterans served under each
program no later than December 31, 2023 and every December 31
thereafter.
(Source: P.A. 102-961, eff. 1-1-23; revised 12-29-22.)
Section 95. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
74 as follows:
(20 ILCS 1705/74)
Sec. 74. Rates and reimbursements.

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(a) Within 30 days after July 6, 2017 (the effective date
of Public Act 100-23), the Department shall increase rates and
reimbursements to fund a minimum of a $0.75 per hour wage
increase for front-line personnel, including, but not limited
to, direct support professionals, aides, front-line
supervisors, qualified intellectual disabilities
professionals, nurses, and non-administrative support staff
working in community-based provider organizations serving
individuals with developmental disabilities. The Department
shall adopt rules, including emergency rules under subsection
(y) of Section 5-45 of the Illinois Administrative Procedure
Act, to implement the provisions of this Section.
(b) Rates and reimbursements. Within 30 days after June 4,
2018 (the effective date of Public Act 100-587) this
amendatory Act of the 100th General Assembly, the Department
shall increase rates and reimbursements to fund a minimum of a
$0.50 per hour wage increase for front-line personnel,
including, but not limited to, direct support professionals,
aides, front-line supervisors, qualified intellectual
disabilities professionals, nurses, and non-administrative
support staff working in community-based provider
organizations serving individuals with developmental
disabilities. The Department shall adopt rules, including
emergency rules under subsection (bb) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.

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(c) Rates and reimbursements. Within 30 days after June 5,
2019 (the effective date of Public Act 101-10) this amendatory
Act of the 101st General Assembly, subject to federal
approval, the Department shall increase rates and
reimbursements in effect on June 30, 2019 for community-based
providers for persons with Developmental Disabilities by 3.5%
The Department shall adopt rules, including emergency rules
under subsection (jj) of Section 5-45 of the Illinois
Administrative Procedure Act, to implement the provisions of
this Section, including wage increases for direct care staff.
(d) For community-based providers serving persons with
intellectual/developmental disabilities, subject to federal
approval of any relevant Waiver Amendment, the rates taking
effect for services delivered on or after January 1, 2022,
shall include an increase in the rate methodology sufficient
to provide a $1.50 per hour wage increase for direct support
professionals in residential settings and sufficient to
provide wages for all residential non-executive direct care
staff, excluding direct support professionals, at the federal
Department of Labor, Bureau of Labor Statistics' average wage
as defined in rule by the Department.
The establishment of and any changes to the rate
methodologies for community-based services provided to persons
with intellectual/developmental disabilities are subject to
federal approval of any relevant Waiver Amendment and shall be
defined in rule by the Department. The Department shall adopt

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rules, including emergency rules as authorized by Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this subsection (d).
(e) For community-based providers serving persons with
intellectual/developmental disabilities, subject to federal
approval of any relevant Waiver Amendment, the rates taking
effect for services delivered on or after January 1, 2023,
shall include an increase in the rate methodology sufficient
to provide a $1.00 per hour wage increase for all direct
support professionals personnel and all other frontline
personnel who are not subject to the Bureau of Labor
Statistics' average wage increases, who work in residential
and community day services settings, with at least $0.50 of
those funds to be provided as a direct increase to base wages,
with the remaining $0.50 to be used flexibly for base wage
increases. In addition, the rates taking effect for services
delivered on or after January 1, 2023 shall include an
increase sufficient to provide wages for all residential
non-executive direct care staff, excluding direct support
professionals personnel, at the federal Department of Labor,
Bureau of Labor Statistics' average wage as defined in rule by
the Department.
The establishment of and any changes to the rate
methodologies for community-based services provided to persons
with intellectual/developmental disabilities are subject to
federal approval of any relevant Waiver Amendment and shall be

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defined in rule by the Department. The Department shall adopt
rules, including emergency rules as authorized by Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this subsection.
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised
12-13-22.)
Section 100. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by setting forth, renumbering, and changing multiple
versions of Sections 2310-434 and 2310-710 as follows:
(20 ILCS 2310/2310-434)
Sec. 2310-434. Certified Nursing Assistant Intern Program.
(a) As used in this Section, "facility" means a facility
licensed by the Department under the Nursing Home Care Act,
the MC/DD Act, or the ID/DD Community Care Act or an
establishment licensed under the Assisted Living and Shared
Housing Act.
(b) The Department shall establish or approve a Certified
Nursing Assistant Intern Program to address the increasing
need for trained health care workers and provide additional
pathways for individuals to become certified nursing
assistants. Upon successful completion of the classroom
education and on-the-job training requirements of the Program

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required under this Section, an individual may provide, at a
facility, the patient and resident care services determined
under the Program and may perform the procedures listed under
subsection (e).
(c) In order to qualify as a certified nursing assistant
intern, an individual shall successfully complete at least 8
hours of classroom education on the services and procedures
determined under the Program and listed under subsection (e).
The classroom education shall be:
(1) taken within the facility where the certified
nursing assistant intern will be employed;
(2) proctored by either an advanced practice
registered nurse or a registered nurse who holds a
bachelor's degree in nursing, has a minimum of 3 years of
continuous experience in geriatric care, or is certified
as a nursing assistant instructor; and
(3) satisfied by the successful completion of an
approved 8-hour online training course or in-person group
training.
(d) In order to qualify as a certified nursing assistant
intern, an individual shall successfully complete at least 24
hours of on-the-job training in the services and procedures
determined under the Program and listed under subsection (e),
as follows:
(1) The training program instructor shall be either an
advanced practice registered nurse or a registered nurse

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who holds a bachelor's degree in nursing, has a minimum of
3 years of continuous experience in geriatric care, or is
certified as a nursing assistant instructor.
(2) The training program instructor shall ensure that
the student meets the competencies determined under the
Program and those listed under subsection (e). The
instructor shall document the successful completion or
failure of the competencies and any remediation that may
allow for the successful completion of the competencies.
(3) All on-the-job training shall be under the direct
observation of either an advanced practice registered
nurse or a registered nurse who holds a bachelor's degree
in nursing, has a minimum of 3 years of continuous
experience in geriatric care, or is certified as a nursing
assistant instructor.
(4) All on-the-job training shall be conducted at a
facility that is licensed by the State of Illinois and
that is the facility where the certified nursing assistant
intern will be working.
(e) A certified nursing assistant intern shall receive
classroom and on-the-job training on how to provide the
patient or resident care services and procedures, as
determined under the Program, that are required of a certified
nursing assistant's performance skills, including, but not
limited to, all of the following:
(1) Successful completion and maintenance of active

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certification in both first aid and the American Red
Cross' courses on cardiopulmonary resuscitation.
(2) Infection control and in-service training required
at the facility.
(3) Washing a resident's hands.
(4) Performing oral hygiene on a resident.
(5) Shaving a resident with an electric razor.
(6) Giving a resident a partial bath.
(7) Making a bed that is occupied.
(8) Dressing a resident.
(9) Transferring a resident to a wheelchair using a
gait belt or transfer belt.
(10) Ambulating a resident with a gait belt or
transfer belt.
(11) Feeding a resident.
(12) Calculating a resident's intake and output.
(13) Placing a resident in a side-lying position.
(14) The Heimlich maneuver.
(f) A certified nursing assistant intern may not perform
any of the following on a resident:
(1) Shaving with a nonelectric razor.
(2) Nail care.
(3) Perineal care.
(4) Transfer using a mechanical lift.
(5) Passive range of motion.
(g) A certified nursing assistant intern may only provide

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the patient or resident care services and perform the
procedures that he or she is deemed qualified to perform that
are listed under subsection (e). A certified nursing assistant
intern may not provide the procedures excluded under
subsection (f).
(h) The Program is subject to the Health Care Worker
Background Check Act and the Health Care Worker Background
Check Code under 77 Ill. Adm. Code 955. Program participants
and personnel shall be included on the Health Care Worker
Registry.
(i) A Program participant who has completed the training
required under paragraph (5) of subsection (a) of Section
3-206 of the Nursing Home Care Act, has completed the Program
from April 21, 2020 through September 18, 2020, and has shown
competency in all of the performance skills listed under
subsection (e) may be considered a certified nursing assistant
intern once the observing advanced practice registered nurse
or registered nurse educator has confirmed the Program
participant's competency in all of those performance skills.
(j) The requirement under subsection (b) of Section
395.400 of Title 77 of the Illinois Administrative Code that a
student must pass a BNATP written competency examination
within 12 months after the completion of the BNATP does not
apply to a certified nursing assistant intern under this
Section. However, upon a Program participant's enrollment in a
certified nursing assistant course, the requirement under

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subsection (b) of Section 395.400 of Title 77 of the Illinois
Administrative Code that a student pass a BNATP written
competency examination within 12 months after completion of
the BNATP program applies.
(k) A certified nursing assistant intern shall enroll in a
certified nursing assistant program within 6 months after
completing his or her certified nursing assistant intern
training under the Program. The individual may continue to
work as a certified nursing assistant intern during his or her
certified nursing assistant training. If the scope of work for
a nurse assistant in training pursuant to 77 Ill. Adm. Code
300.660 is broader in scope than the work permitted to be
performed by a certified nursing assistant intern, then the
certified nursing assistant intern enrolled in certified
nursing assistant training may perform the work allowed under
77. Ill. Adm. Code 300.660 with written documentation that the
certified nursing assistant intern has successfully passed the
competencies necessary to perform such skills. The facility
shall maintain documentation as to the additional jobs and
duties the certified nursing assistant intern is authorized to
perform, which shall be made available to the Department upon
request. The individual shall receive one hour of credit for
every hour employed as a certified nursing assistant intern or
as a temporary nurse assistant, not to exceed 30 hours of
credit, subject to the approval of an accredited certified
nursing assistant training program.

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(l) A facility that seeks to train and employ a certified
nursing assistant intern at the facility must:
(1) not have received or applied for a registered
nurse waiver under Section 3-303.1 of the Nursing Home
Care Act, if applicable;
(2) not have been cited for a violation, except a
citation for noncompliance with COVID-19 reporting
requirements, that has caused severe harm to or the death
of a resident within the 2 years prior to employing a
certified nursing assistant; for purposes of this
paragraph, the revocation of the facility's ability to
hire and train a certified nursing assistant intern shall
only occur if the underlying federal citation for the
revocation remains substantiated following an informal
dispute resolution or independent informal dispute
resolution;
(3) not have been cited for a violation that resulted
in a pattern of certified nursing assistants being removed
from the Health Care Worker Registry as a result of
resident abuse, neglect, or exploitation within the 2
years prior to employing a certified nursing assistant
intern;
(4) if the facility is a skilled nursing facility,
meet a minimum staffing ratio of 3.8 hours of nursing and
personal care time, as those terms are used in subsection
(e) of Section 3-202.05 of the Nursing Home Care Act, each

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day for a resident needing skilled care and 2.5 hours of
nursing and personal care time each day for a resident
needing intermediate care;
(5) not have lost the ability to offer a Nursing
Assistant Training and Competency Evaluation Program as a
result of an enforcement action;
(6) establish a certified nursing assistant intern
mentoring program within the facility for the purposes of
increasing education and retention, which must include an
experienced certified nurse assistant who has at least 3
years of active employment and is employed by the
facility;
(7) not have a monitor or temporary management placed
upon the facility by the Department;
(8) not have provided the Department with a notice of
imminent closure; and
(9) not have had a termination action initiated by the
federal Centers for Medicare and Medicaid Services or the
Department for failing to comply with minimum regulatory
or licensure requirements.
(m) A facility that does not meet the requirements of
subsection (l) shall cease its new employment training,
education, or onboarding of any employee under the Program.
The facility may resume its new employment training,
education, or onboarding of an employee under the Program once
the Department determines that the facility is in compliance

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with subsection (l).
(n) To study the effectiveness of the Program, the
Department shall collect data from participating facilities
and publish a report on the extent to which the Program brought
individuals into continuing employment as certified nursing
assistants in long-term care. Data collected from facilities
shall include, but shall not be limited to, the number of
certified nursing assistants employed, the number of persons
who began participation in the Program, the number of persons
who successfully completed the Program, and the number of
persons who continue employment in a long-term care service or
facility. The report shall be published no later than 6 months
after the Program end date determined under subsection (p). A
facility participating in the Program shall, twice annually,
submit data under this subsection in a manner and time
determined by the Department. Failure to submit data under
this subsection shall result in suspension of the facility's
Program.
(o) The Department may adopt emergency rules in accordance
with Section 5-45.30 5-45.21 of the Illinois Administrative
Procedure Act.
(p) The Program shall end upon the termination of the
Secretary of Health and Human Services' public health
emergency declaration for COVID-19 or 3 years after the date
that the Program becomes operational, whichever occurs later.
(q) This Section is inoperative 18 months after the

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Program end date determined under subsection (p).
(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)
(20 ILCS 2310/2310-436)
Sec. 2310-436 2310-434. Homeless service providers.
(a) In this Section, "homeless service provider" means a
person or entity who provides services to homeless persons
under any of the programs of or identified by the Department of
Human Services.
(b) The Department shall consider all homeless service
providers in the State to be essential critical infrastructure
workers in accordance with the most recent guidance from the
federal Cybersecurity and Infrastructure Security Agency. The
Department shall ensure that homeless service providers
qualify for the same priority benefits afforded to frontline
workers by the State, including, but not limited to:
(1) federal funding for relief relating to public
health emergencies;
(2) personal protective equipment; and
(3) vaccinations.
(c) In accordance with this Section, during a federally
designated federally-designated public health emergency or a
public health disaster declared by a proclamation issued by
the Governor under Section 7 of the Illinois Emergency
Management Agency Act, the Department and the Illinois
Emergency Management Agency shall offer recommendations to

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their local counterparts, including local public health
departments and local emergency management assistance
agencies, encouraging them to consider homeless service
providers when making determinations about providing
assistance.
(d) The Department may adopt rules for the implementation
and administration of this Section and to ensure that homeless
service providers are considered essential critical
infrastructure workers in the event of a pandemic.
(Source: P.A. 102-919, eff. 5-27-22; revised 7-26-22.)
(20 ILCS 2310/2310-437)
Sec. 2310-437 2310-434. Governors State University; stroke
awareness campaign.
(a) Subject to appropriation, the Department shall partner
with Governors State University's College of Health and Human
Services, and any additional partnership that may be
necessary, in establishing a 12-month outreach and educational
campaign focused on promoting the following:
(1) Stroke awareness for select communities determined
by the Department to be at risk for strokes, particularly
within Chicago's Southland community.
(2) Stroke recognition and prevention strategies.
(3) Access to reliable sources of information about
strokes.
(b) An amount of the moneys appropriated to the Department

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under subsection (a) shall be made available to the Governors
State University's College of Health and Human Services in an
amount to be mutually agreed upon between the Governors State
University's College of Health and Human Services and the
Department.
(Source: P.A. 102-1070, eff. 1-1-23; revised 7-26-22.)
(20 ILCS 2310/2310-710)
Sec. 2310-710. Emergency Medical Services personnel;
continuing training on Alzheimer's disease and other
dementias.
(a) In this Section, "Emergency Medical Services
personnel" means a person licensed or registered under any of
the levels of licensure defined in Section 3.50 of the
Emergency Medical Services (EMS) Systems Act, including, but
not limited to, Emergency Medical Technician, Emergency
Medical Technician-Intermediate, Advanced Emergency Medical
Technician, Paramedic (EMT-P), or Emergency Medical Responder.
(b) For license renewals occurring on or after January 1,
2023, Emergency Medical Services personnel must complete at
least one one-hour course of training on the diagnosis,
treatment, and care of individuals with Alzheimer's disease or
other dementias per license renewal period. This training
shall include, but not be limited to, assessment and
diagnosis, effective communication strategies, and management
and care planning.

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(c) Emergency Medical Services personnel may count one
hour for completion of the course toward meeting the minimum
credit hours required for Emergency Medical Services personnel
relicensure requirements.
(d) Any training on Alzheimer's disease and other
dementias applied to meet any other State licensure
requirement, professional accreditation or certification
requirement, or health care institutional practice agreement
may count toward the continuing education required under this
Section.
(e) The Department may adopt rules for the implementation
of this Section.
(Source: P.A. 102-772, eff. 5-13-22.)
(20 ILCS 2310/2310-715)
Sec. 2310-715 2310-710. Safety-Net Hospital Health Equity
and Access Leadership (HEAL) Grant Program.
(a) Findings. The General Assembly finds that there are
communities in Illinois that experience significant health
care disparities, as recently emphasized by the COVID-19
pandemic, aggravated by social determinants of health and a
lack of sufficient access to high quality health care
healthcare resources, particularly community-based services,
preventive care, obstetric care, chronic disease management,
and specialty care. Safety-net hospitals, as defined under the
Illinois Public Aid Code, serve as the anchors of the health

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care system for many of these communities. Safety-net
hospitals not only care for their patients, they also are
rooted in their communities by providing jobs and partnering
with local organizations to help address the social
determinants of health, such as food, housing, and
transportation needs.
However, safety-net hospitals serve a significant number
of Medicare, Medicaid, and uninsured patients, and therefore,
are heavily dependent on underfunded government payers, and
are heavily burdened by uncompensated care. At the same time,
the overall cost of providing care has increased substantially
in recent years, driven by increasing costs for staffing,
prescription drugs, technology, and infrastructure.
For all of these reasons, the General Assembly finds that
the long-term long term sustainability of safety-net hospitals
is threatened. While the General Assembly is providing funding
to the Department to be paid to support the expenses of
specific safety-net hospitals in State Fiscal Year 2023, such
annual, ad hoc funding is not a reliable and stable source of
funding that will enable safety-net hospitals to develop
strategies to achieve long term sustainability. Such annual,
ad hoc funding also does not provide the State with
transparency and accountability to ensure that such funding is
being used effectively and efficiently to maximize the benefit
to members of the community.
Therefore, it is the intent of the General Assembly that

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the Department of Public Health and the Department of
Healthcare and Family Services jointly provide options and
recommendations to the General Assembly by February 1, 2023,
for the establishment of a permanent Safety-Net Hospital
Health Equity and Access Leadership (HEAL) Grant Program, in
accordance with this Section. It is the intention of the
General Assembly that during State fiscal years 2024 through
2029, the Safety-Net Hospital Health Equity and Access
Leadership (HEAL) Grant Program shall be supported by an
annual funding pool of up to $100,000,000, subject to
appropriation.
(b) By February 1, 2023, the Department of Public Health
and the Department of Healthcare and Family Services shall
provide a joint report to the General Assembly on options and
recommendations for the establishment of a permanent
Safety-Net Hospital Health Equity and Access Leadership (HEAL)
Grant Program to be administered by the State. For this
report, "safety-net hospital" means a hospital identified by
the Department of Healthcare and Family Services under Section
5-5e.1 of the Illinois Public Aid Code. The Departments of
Public Health and Healthcare and Family Services may consult
with the statewide association representing a majority of
hospitals and safety-net hospitals on the report. The report
may include, but need not be limited to:
(1) Criteria for a safety-net hospital to be eligible
for the program, such as:

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(A) The hospital is a participating provider in at
least one Medicaid managed care plan.
(B) The hospital is located in a medically
underserved area.
(C) The hospital's Medicaid utilization rate (for
both inpatient and outpatient services).
(D) The hospital's Medicare utilization rate (for
both inpatient and outpatient services).
(E) The hospital's uncompensated care percentage.
(F) The hospital's role in providing access to
services, reducing health disparities, and improving
health equity in its service area.
(G) The hospital's performance on quality
indicators.
(2) Potential projects eligible for grant funds which
may include projects to reduce health disparities, advance
health equity, or improve access to or the quality of
health care healthcare services.
(3) Potential policies, standards, and procedures to
ensure accountability for the use of grant funds.
(4) Potential strategies to generate federal Medicaid
matching funds for expenditures under the program.
(5) Potential policies, processes, and procedures for
the administration of the program.
(Source: P.A. 102-886, eff. 5-17-22; revised 5-26-22.)

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Section 105. The Illinois State Police Act is amended by
changing Sections 9, 12.6, and 46 as follows:
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.
(a) Except as otherwise provided in this Section, the
appointment of Illinois State Police officers shall be made
from those applicants who have been certified by the Board as
being qualified for appointment. All persons so appointed
shall, at the time of their appointment, be not less than 21
years of age, or 20 years of age and have successfully
completed an associate's degree or 60 credit hours at an
accredited college or university. Any person appointed
subsequent to successful completion of an associate's degree
or 60 credit hours at an accredited college or university
shall not have power of arrest, nor shall he or she be
permitted to carry firearms, until he or she reaches 21 years
of age. In addition, all persons so certified for appointment
shall be of sound mind and body, be of good moral character, be
citizens of the United States, have no criminal records,
possess such prerequisites of training, education, and
experience as the Board may from time to time prescribe so long
as persons who have an associate's degree or 60 credit hours at
an accredited college or university are not disqualified, and
shall be required to pass successfully such mental and
physical tests and examinations as may be prescribed by the

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Board. All persons who meet one of the following requirements
are deemed to have met the collegiate educational
requirements:
(i) have been honorably discharged and who have been
awarded a Southwest Asia Service Medal, Kosovo Campaign
Medal, Korean Defense Service Medal, Afghanistan Campaign
Medal, Iraq Campaign Medal, or Global War on Terrorism
Expeditionary Medal by the United States Armed Forces;
(ii) are active members of the Illinois National Guard
or a reserve component of the United States Armed Forces
and who have been awarded a Southwest Asia Service Medal,
Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
War on Terrorism Expeditionary Medal as a result of
honorable service during deployment on active duty;
(iii) have been honorably discharged who served in a
combat mission by proof of hostile fire pay or imminent
danger pay during deployment on active duty; or
(iv) have at least 3 years of full active and
continuous military duty and received an honorable
discharge before hiring.
Preference shall be given in such appointments to persons
who have honorably served in the military or naval services of
the United States. All appointees shall serve a probationary
period of 12 months from the date of appointment and during
that period may be discharged at the will of the Director.

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However, the Director may in his or her sole discretion extend
the probationary period of an officer up to an additional 6
months when to do so is deemed in the best interest of the
Illinois State Police. Nothing in this subsection (a) limits
the Board's ability to prescribe education prerequisites or
requirements to certify Illinois State Police officers for
promotion as provided in Section 10 of this Act.
(b) Notwithstanding the other provisions of this Act,
after July 1, 1977 and before July 1, 1980, the Director of
State Police may appoint and promote not more than 20 persons
having special qualifications as special agents as he or she
deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
(c) During the 90 days following March 31, 1995 (the
effective date of Public Act 89-9), the Director of State
Police may appoint up to 25 persons as State Police officers.
These appointments shall be made in accordance with the
requirements of this subsection (c) and any additional
criteria that may be established by the Director, but are not
subject to any other requirements of this Act. The Director
may specify the initial rank for each person appointed under
this subsection.
All appointments under this subsection (c) shall be made
from personnel certified by the Board. A person certified by
the Board and appointed by the Director under this subsection
must have been employed by the Illinois Commerce Commission on

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November 30, 1994 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code.
Persons appointed under this subsection (c) shall
thereafter be subject to the same requirements and procedures
as other State police officers. A person appointed under this
subsection must serve a probationary period of 12 months from
the date of appointment, during which he or she may be
discharged at the will of the Director.
This subsection (c) does not affect or limit the
Director's authority to appoint other State Police officers
under subsection (a) of this Section.
(d) During the 180 days following January 1, 2022 (the
effective date of Public Act 101-652), the Director of the
Illinois State Police may appoint current Illinois State
Police employees serving in law enforcement officer positions
previously within Central Management Services as State Police
officers. These appointments shall be made in accordance with
the requirements of this subsection (d) and any institutional
criteria that may be established by the Director, but are not
subject to any other requirements of this Act. All
appointments under this subsection (d) shall be made from
personnel certified by the Board. A person certified by the
Board and appointed by the Director under this subsection must

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have been employed by the a State agency, board, or commission
on January 1, 2021 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code. Persons appointed under this subsection (d) shall
thereafter be subject to the same requirements, and subject to
the same contractual benefits and obligations, as other State
police officers. This subsection (d) does not affect or limit
the Director's authority to appoint other State Police
officers under subsection (a) of this Section.
(e) The Merit Board shall review Illinois State Police
Cadet applicants. The Illinois State Police may provide
background check and investigation material to the Board for
its review pursuant to this Section. The Board shall approve
and ensure that no cadet applicant is certified unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony offense,
any of the misdemeanors specified in this Section or if
committed in any other state would be an offense similar to
Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
violation of any Section of Part E of Title III of the Criminal
Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
the Criminal Code of 1961 or the Criminal Code of 2012, or

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subsection (a) of Section 17-32 of the Criminal Code of 1961 or
the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
Control Act, or any felony or misdemeanor in violation of
federal law or the law of any state that is the equivalent of
any of the offenses specified therein. The Officer
Professional Conduct Database, provided for in Section 9.2 of
the Illinois Police Training Act, shall be searched as part of
this process. For purposes of this Section, "convicted of, or
entered a plea of guilty" regardless of whether the
adjudication of guilt or sentence is withheld or not entered
thereon. This includes sentences of supervision, conditional
discharge, or first offender probation, or any similar
disposition provided for by law.
(f) The Board shall by rule establish an application fee
waiver program for any person who meets one or more of the
following criteria:
(1) his or her available personal income is 200% or
less of the current poverty level; or
(2) he or she is, in the discretion of the Board,
unable to proceed in an action with payment of application
fee and payment of that fee would result in substantial
hardship to the person or the person's family.
(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff.
5-13-22; revised 8-24-22.)

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(20 ILCS 2610/12.6)
Sec. 12.6. Automatic termination of Illinois State Police
officers. The Board shall terminate a State police officer
convicted of a felony offense under the laws of this State or
any other state which if committed in this State would be
punishable as a felony. The Board must also terminate Illinois
State Police officers who were convicted of, or entered a plea
of guilty to, on or after January 1, 2022 (the effective date
of Public Act 101-652) this amendatory Act of the 101st
General Assembly, any misdemeanor specified in this Section or
if committed in any other state would be an offense similar to
Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
violation of any Section of Part E of Title III of the Criminal
Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
the Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of 1961 or
the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
Control Act, or any felony or misdemeanor in violation of
federal law or the law of any state that is the equivalent of
any of the offenses specified therein. The Illinois State
Police Merit Board shall report terminations under this
Section to the Officer Professional Conduct Database provided
in Section 9.2 of the Illinois Police Training Act. For
purposes of this Section, "convicted of, or entered a plea of

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guilty" regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided for by
law.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22;
102-813, eff. 5-13-22; revised 8-25-22.)
(20 ILCS 2610/46)
Sec. 46. Officer Professional Conduct Database; reporting,
transparency.
(a) The Illinois State Police Merit Board shall be
responsible for reporting all required information contained
in the Officer Professional Conduct Database provided in
Section 9.2 of the Illinois Police Training Act.
(b) Before the Illinois State Police Merit Board certifies
any Illinois State Police Cadet the Board shall conduct a
search of all Illinois State Police Cadet applicants in the
Officer Professional Conduct Database.
(c) The database, documents, materials, or other
information in the possession or control of the Board that are
obtained by or disclosed to the Board pursuant to this
subsection shall be confidential by law and privileged, shall
not be subject to subpoena, and shall not be subject to
discovery or admissible in evidence in any private civil
action. However, the Board is authorized to use such

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documents, materials, or other information in furtherance of
any regulatory or legal action brought as part of the Board's
official duties. Unless otherwise required by law, the Board
shall not disclose the database or make such documents,
materials, or other information public without the prior
written consent of the law enforcement agency and the law
enforcement officer. The Board nor any person who received
documents, materials or other information shared pursuant to
this subsection shall be required to testify in any private
civil action concerning the database or any confidential
documents, materials, or information subject to this
subsection.
Nothing in this Section shall exempt a law enforcement
agency from which the Board has obtained data, documents,
materials, or other information or that has disclosed data,
documents, materials, or other information to the Board from
disclosing public records in accordance with the Freedom of
Information Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22;
102-813, eff. 5-13-22; revised 8-24-22.)
Section 110. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.

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(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:
Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to

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or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act

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shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance

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containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this

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Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this

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Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of

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Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released

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without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Section Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of
2012, or Section 125 of the Stalking No Contact
Order Act, or Section 219 of the Civil No Contact
Order Act, or a similar provision of a local
ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the

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Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,

SB2437 - 259 - LRB103 26700 AMC 53063 b
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance

SB2437 - 260 - LRB103 26700 AMC 53063 b
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to

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correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,
the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at

SB2437 - 262 - LRB103 26700 AMC 53063 b
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall
make the records of the circuit court clerk in connection
with the proceedings of the trial court concerning the
offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

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Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when

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the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under

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subsections subsection (c)(2)(A) and (c)(2)(B) may be
sealed at any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection subsections (c)(2)(C), (c)(2)(D),
(c)(2)(E), or (c)(2)(F) may be sealed upon termination
of the petitioner's last sentence if the petitioner
earned a high school diploma, associate's degree,

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career certificate, vocational technical
certification, or bachelor's degree, or passed the
high school level Test of General Educational
Development, during the period of his or her sentence
or mandatory supervised release. This subparagraph
shall apply only to a petitioner who has not completed
the same educational goal prior to the period of his or
her sentence or mandatory supervised release. If a
petition for sealing eligible records filed under this
subparagraph is denied by the court, the time periods
under subparagraph (B) or (C) shall apply to any
subsequent petition for sealing filed by the
petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.

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(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January

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1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has taken within 30
days before the filing of the petition a test showing the
absence within his or her body of all illegal substances
as defined by the Illinois Controlled Substances Act and
the Methamphetamine Control and Community Protection Act
if he or she is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,

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or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency and the chief legal officer of the unit
of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit

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designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any

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financial obligation to pursue collection under
applicable federal, State, or local law.
(D) Notwithstanding any other provision of law,
the court shall not deny a petition to expunge or seal
under this Section because the petitioner has
submitted a drug test taken within 30 days before the
filing of the petition to expunge or seal that
indicates a positive test for the presence of cannabis
within the petitioner's body. In this subparagraph
(D), "cannabis" has the meaning ascribed to it in
Section 3 of the Cannabis Control Act.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction

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records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as
ordered by the court, within 60 days of the date of

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service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this
Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or
the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider

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the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such

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records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of

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subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(D) The Illinois State Police shall send written

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notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16

SB2437 - 278 - LRB103 26700 AMC 53063 b
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was

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previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,

SB2437 - 280 - LRB103 26700 AMC 53063 b
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense

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is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to

SB2437 - 282 - LRB103 26700 AMC 53063 b
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any

SB2437 - 283 - LRB103 26700 AMC 53063 b
subsequent offense, the Department of Corrections shall have
access to all sealed records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be

SB2437 - 284 - LRB103 26700 AMC 53063 b
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any

SB2437 - 285 - LRB103 26700 AMC 53063 b
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may

SB2437 - 286 - LRB103 26700 AMC 53063 b
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge

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shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or

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reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing
of his or her criminal record upon the completion of his or

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her last sentence if his or her participation in the
underlying offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of
2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled
to immediate sealing under this subsection (h). A
petitioner is eligible for immediate relief under this
subsection (h) if he or she shows, by a preponderance of
the evidence, that: (A) he or she was a victim of human
trafficking at the time of the offense; and (B) that his or
her participation in the offense was a direct result of

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human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.

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(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis

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Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written

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objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an

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individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
and the name of the defendant obliterated from the
official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for
the offense for which the individual had received a
pardon but the order shall not affect any index issued
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise

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available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest

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Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's

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Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)

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the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall

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be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and

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expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions

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pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;

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101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
Section 115. The Illinois Emergency Management Agency Act
is amended by changing Section 23 as follows:
(20 ILCS 3305/23)
(Section scheduled to be repealed on January 1, 2032)
Sec. 23. Access and Functional Needs Advisory Committee.
(a) In this Section, "Advisory Committee" means the Access
and Functional Needs Advisory Committee.
(b) The Access and Functional Needs Advisory Committee is
created.
(c) The Advisory Committee shall:
(1) Coordinate meetings occurring, at a minimum, 3
times each year, in addition to emergency meetings called
by the chairperson of the Advisory Committee.
(2) Research and provide recommendations for
identifying and effectively responding to the needs of
persons with access and functional needs before, during,
and after a disaster using an intersectional lens for
equity.
(3) Provide recommendations to the Illinois Emergency
Management Agency regarding how to ensure that persons

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with a disability are included in disaster strategies and
emergency management plans, including updates and
implementation of disaster strategies and emergency
management plans.
(4) Review and provide recommendations for the
Illinois Emergency Management Agency, and all relevant
State agencies that are involved in drafting and
implementing the Illinois Emergency Operation Plan, to
integrate access and functional needs into State and local
emergency plans.
(d) The Advisory Committee shall be composed of the
Director of the Illinois Emergency Management Agency or his or
her designee, the Attorney General or his or her designee, the
Secretary of Human Services or his or her designee, the
Director of on Aging or his or her designee, and the Director
of Public Health or his or her designee, together with the
following members appointed by the Governor on or before
January 1, 2022:
(1) Two members, either from a municipal or
county-level emergency agency or a local emergency
management coordinator.
(2) Nine members from the community of persons with a
disability who represent persons with different types of
disabilities, including, but not limited to, individuals
with mobility and physical disabilities, hearing and
visual disabilities, deafness or who are hard of hearing,

SB2437 - 304 - LRB103 26700 AMC 53063 b
blindness or who have low vision, mental health
disabilities, and intellectual or developmental
disabilities. Members appointed under this paragraph shall
reflect a diversity of age, gender, race, and ethnic
background.
(3) Four members who represent first responders from
different geographical regions around the State.
(e) Of those members appointed by the Governor, the
initial appointments of 6 members shall be for terms of 2 years
and the initial appointments of 5 members shall be for terms of
4 years. Thereafter, members shall be appointed for terms of 4
years. A member shall serve until his or her successor is
appointed and qualified. If a vacancy occurs in the Advisory
Committee membership, the vacancy shall be filled in the same
manner as the original appointment for the remainder of the
unexpired term.
(f) After all the members are appointed, and annually
thereafter, they shall elect a chairperson from among the
members appointed under paragraph (2) of subsection (d).
(g) The initial meeting of the Advisory Committee shall be
convened by the Director of the Illinois Emergency Management
Agency no later than February 1, 2022.
(h) Advisory Committee members shall serve without
compensation.
(i) The Illinois Emergency Management Agency shall provide
administrative support to the Advisory Committee.

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(j) The Advisory Committee shall prepare and deliver a
report to the General Assembly, the Governor's Office, and the
Illinois Emergency Management Agency by July 1, 2022, and
annually thereafter. The report shall include the following:
(1) Identification of core emergency management
services that need to be updated or changed to ensure the
needs of persons with a disability are met, and shall
include disaster strategies in State and local emergency
plans.
(2) Any proposed changes in State policies, laws,
rules, or regulations necessary to fulfill the purposes of
this Act.
(3) Recommendations on improving the accessibility and
effectiveness of disaster and emergency communication.
(4) Recommendations on comprehensive training for
first responders and other frontline workers when working
with persons with a disability during emergency situations
or disasters, as defined in Section 4 of the Illinois
Emergency Management Agency Act.
(5) Any additional recommendations regarding emergency
management and persons with a disability that the Advisory
Committee deems necessary.
(k) The annual report prepared and delivered under
subsection (j) shall be annually considered by the Illinois
Emergency Management Agency when developing new State and
local emergency plans or updating existing State and local

SB2437 - 306 - LRB103 26700 AMC 53063 b
emergency plans.
(l) The Advisory Committee is dissolved and this Section
is repealed on January 1, 2032.
(Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21;
revised 8-24-22.)
Section 120. The Illinois State Agency Historic Resources
Preservation Act is amended by changing Section 5 as follows:
(20 ILCS 3420/5) (from Ch. 127, par. 133c25)
Sec. 5. Responsibilities of the Department of Natural
Resources.
(a) The Director shall include in the Department's annual
report an outline of State agency actions on which comment was
requested or issued under this Act.
(b) The Director shall maintain a current list of all
historic resources owned, operated, or leased by the State and
appropriate maps indicating the location of all such
resources. These maps shall be in a form available to the
public and State agencies, except that the location of
archaeological resources shall be excluded.
(c) The Director shall make rules and issue appropriate
guidelines to implement this Act. These shall include, but not
be limited to, regulations for holding on-site inspections,
public information meetings and procedures for consultation,
mediation, and resolutions by the Committee pursuant to

SB2437 - 307 - LRB103 26700 AMC 53063 b
subsections (e) and (f) of Section 4.
(d) The Director shall (1) assist, to the fullest extent
possible, the State agencies in their identification of
properties for inclusion in an inventory of historic
resources, including provision of criteria for evaluation; (2)
provide information concerning professional methods and
techniques for preserving, improving, restoring, and
maintaining historic resources when requested by State
agencies; and (3) help facilitate State agency compliance with
this Act.
(e) The Director shall monitor the implementation of
actions of each State agency which have an effect, either
adverse or beneficial, on a an historic resource.
(f) The Department of Natural Resources shall manage and
control the preservation, conservation, inventory, and
analysis of fine and decorative arts, furnishings, and
artifacts of the Illinois Executive Mansion in Springfield,
the Governor's offices in the Capitol in Springfield and the
James R. Thompson Center in Chicago, and the Hayes House in
DuQuoin. The Department of Natural Resources shall manage the
preservation and conservation of the buildings and grounds of
the Illinois Executive Mansion in Springfield. The Governor
shall appoint a Curator of the Executive Mansion, with the
advice and consent of the Senate, to assist the Department of
Natural Resources in carrying out the duties under this item
(f). The person appointed Curator must have experience in

SB2437 - 308 - LRB103 26700 AMC 53063 b
historic preservation or as a curator. The Curator shall serve
at the pleasure of the Governor. The Governor shall determine
the compensation of the Curator, which shall not be diminished
during the term of appointment.
(Source: P.A. 102-1005, eff. 5-27-22; revised 8-22-22.)
Section 125. The Illinois Power Agency Act is amended by
changing Section 1-10 as follows:
(20 ILCS 3855/1-10)
Sec. 1-10. Definitions.
"Agency" means the Illinois Power Agency.
"Agency loan agreement" means any agreement pursuant to
which the Illinois Finance Authority agrees to loan the
proceeds of revenue bonds issued with respect to a project to
the Agency upon terms providing for loan repayment
installments at least sufficient to pay when due all principal
of, interest and premium, if any, on those revenue bonds, and
providing for maintenance, insurance, and other matters in
respect of the project.
"Authority" means the Illinois Finance Authority.
"Brownfield site photovoltaic project" means photovoltaics
that are either:
(1) interconnected to an electric utility as defined
in this Section, a municipal utility as defined in this
Section, a public utility as defined in Section 3-105 of

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the Public Utilities Act, or an electric cooperative as
defined in Section 3-119 of the Public Utilities Act and
located at a site that is regulated by any of the following
entities under the following programs:
(A) the United States Environmental Protection
Agency under the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended;
(B) the United States Environmental Protection
Agency under the Corrective Action Program of the
federal Resource Conservation and Recovery Act, as
amended;
(C) the Illinois Environmental Protection Agency
under the Illinois Site Remediation Program; or
(D) the Illinois Environmental Protection Agency
under the Illinois Solid Waste Program; or
(2) located at the site of a coal mine that has
permanently ceased coal production, permanently halted any
re-mining operations, and is no longer accepting any coal
combustion residues; has both completed all clean-up and
remediation obligations under the federal Surface Mining
and Reclamation Act of 1977 and all applicable Illinois
rules and any other clean-up, remediation, or ongoing
monitoring to safeguard the health and well-being of the
people of the State of Illinois, as well as demonstrated
compliance with all applicable federal and State

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environmental rules and regulations, including, but not
limited, to 35 Ill. Adm. Code Part 845 and any rules for
historic fill of coal combustion residuals, including any
rules finalized in Subdocket A of Illinois Pollution
Control Board docket R2020-019.
"Clean coal facility" means an electric generating
facility that uses primarily coal as a feedstock and that
captures and sequesters carbon dioxide emissions at the
following levels: at least 50% of the total carbon dioxide
emissions that the facility would otherwise emit if, at the
time construction commences, the facility is scheduled to
commence operation before 2016, at least 70% of the total
carbon dioxide emissions that the facility would otherwise
emit if, at the time construction commences, the facility is
scheduled to commence operation during 2016 or 2017, and at
least 90% of the total carbon dioxide emissions that the
facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
after 2017. The power block of the clean coal facility shall
not exceed allowable emission rates for sulfur dioxide,
nitrogen oxides, carbon monoxide, particulates and mercury for
a natural gas-fired combined-cycle facility the same size as
and in the same location as the clean coal facility at the time
the clean coal facility obtains an approved air permit. All
coal used by a clean coal facility shall have high volatile
bituminous rank and greater than 1.7 pounds of sulfur per

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million Btu btu content, unless the clean coal facility does
not use gasification technology and was operating as a
conventional coal-fired electric generating facility on June
1, 2009 (the effective date of Public Act 95-1027).
"Clean coal SNG brownfield facility" means a facility that
(1) has commenced construction by July 1, 2015 on an urban
brownfield site in a municipality with at least 1,000,000
residents; (2) uses a gasification process to produce
substitute natural gas; (3) uses coal as at least 50% of the
total feedstock over the term of any sourcing agreement with a
utility and the remainder of the feedstock may be either
petroleum coke or coal, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content unless the facility reasonably determines
that it is necessary to use additional petroleum coke to
deliver additional consumer savings, in which case the
facility shall use coal for at least 35% of the total feedstock
over the term of any sourcing agreement; and (4) captures and
sequesters at least 85% of the total carbon dioxide emissions
that the facility would otherwise emit.
"Clean coal SNG facility" means a facility that uses a
gasification process to produce substitute natural gas, that
sequesters at least 90% of the total carbon dioxide emissions
that the facility would otherwise emit, that uses at least 90%
coal as a feedstock, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per

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million Btu btu content, and that has a valid and effective
permit to construct emission sources and air pollution control
equipment and approval with respect to the federal regulations
for Prevention of Significant Deterioration of Air Quality
(PSD) for the plant pursuant to the federal Clean Air Act;
provided, however, a clean coal SNG brownfield facility shall
not be a clean coal SNG facility.
"Clean energy" means energy generation that is 90% or
greater free of carbon dioxide emissions.
"Commission" means the Illinois Commerce Commission.
"Community renewable generation project" means an electric
generating facility that:
(1) is powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, and
hydropower that does not involve new construction or
significant expansion of hydropower dams;
(2) is interconnected at the distribution system level
of an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, a public
utility as defined in Section 3-105 of the Public
Utilities Act, or an electric cooperative, as defined in
Section 3-119 of the Public Utilities Act;
(3) credits the value of electricity generated by the
facility to the subscribers of the facility; and

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(4) is limited in nameplate capacity to less than or
equal to 5,000 kilowatts.
"Costs incurred in connection with the development and
construction of a facility" means:
(1) the cost of acquisition of all real property,
fixtures, and improvements in connection therewith and
equipment, personal property, and other property, rights,
and easements acquired that are deemed necessary for the
operation and maintenance of the facility;
(2) financing costs with respect to bonds, notes, and
other evidences of indebtedness of the Agency;
(3) all origination, commitment, utilization,
facility, placement, underwriting, syndication, credit
enhancement, and rating agency fees;
(4) engineering, design, procurement, consulting,
legal, accounting, title insurance, survey, appraisal,
escrow, trustee, collateral agency, interest rate hedging,
interest rate swap, capitalized interest, contingency, as
required by lenders, and other financing costs, and other
expenses for professional services; and
(5) the costs of plans, specifications, site study and
investigation, installation, surveys, other Agency costs
and estimates of costs, and other expenses necessary or
incidental to determining the feasibility of any project,
together with such other expenses as may be necessary or
incidental to the financing, insuring, acquisition, and

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construction of a specific project and starting up,
commissioning, and placing that project in operation.
"Delivery services" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Delivery year" means the consecutive 12-month period
beginning June 1 of a given year and ending May 31 of the
following year.
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Illinois Power
Agency.
"Demand-response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
"Distributed renewable energy generation device" means a
device that is:
(1) powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, tree
waste, and hydropower that does not involve new
construction or significant expansion of hydropower dams,
waste heat to power systems, or qualified combined heat
and power systems;
(2) interconnected at the distribution system level of
either an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or

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operates electric distribution facilities, or a rural
electric cooperative as defined in Section 3-119 of the
Public Utilities Act;
(3) located on the customer side of the customer's
electric meter and is primarily used to offset that
customer's electricity load; and
(4) (blank).
"Energy efficiency" means measures that reduce the amount
of electricity or natural gas consumed in order to achieve a
given end use. "Energy efficiency" includes voltage
optimization measures that optimize the voltage at points on
the electric distribution voltage system and thereby reduce
electricity consumption by electric customers' end use
devices. "Energy efficiency" also includes measures that
reduce the total Btus of electricity, natural gas, and other
fuels needed to meet the end use or uses.
"Electric utility" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Equity investment eligible community" or "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination.
Specifically, the eligible communities shall be defined as the
following areas:
(1) R3 Areas as established pursuant to Section 10-40
of the Cannabis Regulation and Tax Act, where residents

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have historically been excluded from economic
opportunities, including opportunities in the energy
sector; and
(2) environmental Environmental justice communities,
as defined by the Illinois Power Agency pursuant to the
Illinois Power Agency Act, where residents have
historically been subject to disproportionate burdens of
pollution, including pollution from the energy sector.
"Equity eligible persons" or "eligible persons" means
persons who would most benefit from equitable investments by
the State designed to combat discrimination, specifically:
(1) persons who graduate from or are current or former
participants in the Clean Jobs Workforce Network Program,
the Clean Energy Contractor Incubator Program, the
Illinois Climate Works Preapprenticeship Program,
Returning Residents Clean Jobs Training Program, or the
Clean Energy Primes Contractor Accelerator Program, and
the solar training pipeline and multi-cultural jobs
program created in paragraphs (a)(1) and (a)(3) of Section
16-208.12 16-108.21 of the Public Utilities Act;
(2) persons who are graduates of or currently enrolled
in the foster care system;
(3) persons who were formerly incarcerated;
(4) persons whose primary residence is in an equity
investment eligible community.
"Equity eligible contractor" means a business that is

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majority-owned by eligible persons, or a nonprofit or
cooperative that is majority-governed by eligible persons, or
is a natural person that is an eligible person offering
personal services as an independent contractor.
"Facility" means an electric generating unit or a
co-generating unit that produces electricity along with
related equipment necessary to connect the facility to an
electric transmission or distribution system.
"General contractor Contractor" means the entity or
organization with main responsibility for the building of a
construction project and who is the party signing the prime
construction contract for the project.
"Governmental aggregator" means one or more units of local
government that individually or collectively procure
electricity to serve residential retail electrical loads
located within its or their jurisdiction.
"High voltage direct current converter station" means the
collection of equipment that converts direct current energy
from a high voltage direct current transmission line into
alternating current using Voltage Source Conversion technology
and that is interconnected with transmission or distribution
assets located in Illinois.
"High voltage direct current renewable energy credit"
means a renewable energy credit associated with a renewable
energy resource where the renewable energy resource has
entered into a contract to transmit the energy associated with

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such renewable energy credit over high voltage direct current
transmission facilities.
"High voltage direct current transmission facilities"
means the collection of installed equipment that converts
alternating current energy in one location to direct current
and transmits that direct current energy to a high voltage
direct current converter station using Voltage Source
Conversion technology. "High voltage direct current
transmission facilities" includes the high voltage direct
current converter station itself and associated high voltage
direct current transmission lines. Notwithstanding the
preceding, after September 15, 2021 (the effective date of
Public Act 102-662) this amendatory Act of the 102nd General
Assembly, an otherwise qualifying collection of equipment does
not qualify as high voltage direct current transmission
facilities unless its developer entered into a project labor
agreement, is capable of transmitting electricity at 525kv
with an Illinois converter station located and interconnected
in the region of the PJM Interconnection, LLC, and the system
does not operate as a public utility, as that term is defined
in Section 3-105 of the Public Utilities Act.
"Index price" means the real-time energy settlement price
at the applicable Illinois trading hub, such as PJM-NIHUB or
MISO-IL, for a given settlement period.
"Indexed renewable energy credit" means a tradable credit
that represents the environmental attributes of one megawatt

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hour of energy produced from a renewable energy resource, the
price of which shall be calculated by subtracting the strike
price offered by a new utility-scale wind project or a new
utility-scale photovoltaic project from the index price in a
given settlement period.
"Indexed renewable energy credit counterparty" has the
same meaning as "public utility" as defined in Section 3-105
of the Public Utilities Act.
"Local government" means a unit of local government as
defined in Section 1 of Article VII of the Illinois
Constitution.
"Municipality" means a city, village, or incorporated
town.
"Municipal utility" means a public utility owned and
operated by any subdivision or municipal corporation of this
State.
"Nameplate capacity" means the aggregate inverter
nameplate capacity in kilowatts AC.
"Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
"Project" means the planning, bidding, and construction of
a facility.
"Project labor agreement" means a pre-hire collective

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bargaining agreement that covers all terms and conditions of
employment on a specific construction project and must include
the following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employee;
(2) provisions establishing the benefits and other
compensation for each class of labor organization
employee;
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees;
(4) provisions establishing that no lockout or
disputes will be engaged in by the general contractor
building the project; and
(5) provisions for minorities and women, as defined
under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act, setting forth goals for
apprenticeship hours to be performed by minorities and
women and setting forth goals for total hours to be
performed by underrepresented minorities and women.
A labor organization and the general contractor building
the project shall have the authority to include other terms
and conditions as they deem necessary.
"Public utility" has the same definition as found in
Section 3-105 of the Public Utilities Act.
"Qualified combined heat and power systems" means systems
that, either simultaneously or sequentially, produce

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electricity and useful thermal energy from a single fuel
source. Such systems are eligible for "renewable energy
credits" in an amount equal to its total energy output where a
renewable fuel is consumed or in an amount equal to the net
reduction in nonrenewable fuel consumed on a total energy
output basis.
"Real property" means any interest in land together with
all structures, fixtures, and improvements thereon, including
lands under water and riparian rights, any easements,
covenants, licenses, leases, rights-of-way, uses, and other
interests, together with any liens, judgments, mortgages, or
other claims or security interests related to real property.
"Renewable energy credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a renewable energy resource.
"Renewable energy resources" includes energy and its
associated renewable energy credit or renewable energy credits
from wind, solar thermal energy, photovoltaic cells and
panels, biodiesel, anaerobic digestion, crops and untreated
and unadulterated organic waste biomass, and hydropower that
does not involve new construction or significant expansion of
hydropower dams, waste heat to power systems, or qualified
combined heat and power systems. For purposes of this Act,
landfill gas produced in the State is considered a renewable
energy resource. "Renewable energy resources" does not include
the incineration or burning of tires, garbage, general

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household, institutional, and commercial waste, industrial
lunchroom or office waste, landscape waste, railroad
crossties, utility poles, or construction or demolition
debris, other than untreated and unadulterated waste wood.
"Renewable energy resources" also includes high voltage direct
current renewable energy credits and the associated energy
converted to alternating current by a high voltage direct
current converter station to the extent that: (1) the
generator of such renewable energy resource contracted with a
third party to transmit the energy over the high voltage
direct current transmission facilities, and (2) the
third-party contracting for delivery of renewable energy
resources over the high voltage direct current transmission
facilities have ownership rights over the unretired associated
high voltage direct current renewable energy credit.
"Retail customer" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Revenue bond" means any bond, note, or other evidence of
indebtedness issued by the Authority, the principal and
interest of which is payable solely from revenues or income
derived from any project or activity of the Agency.
"Sequester" means permanent storage of carbon dioxide by
injecting it into a saline aquifer, a depleted gas reservoir,
or an oil reservoir, directly or through an enhanced oil
recovery process that may involve intermediate storage,
regardless of whether these activities are conducted by a

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clean coal facility, a clean coal SNG facility, a clean coal
SNG brownfield facility, or a party with which a clean coal
facility, clean coal SNG facility, or clean coal SNG
brownfield facility has contracted for such purposes.
"Service area" has the same definition as found in Section
16-102 of the Public Utilities Act.
"Settlement period" means the period of time utilized by
MISO and PJM and their successor organizations as the basis
for settlement calculations in the real-time energy market.
"Sourcing agreement" means (i) in the case of an electric
utility, an agreement between the owner of a clean coal
facility and such electric utility, which agreement shall have
terms and conditions meeting the requirements of paragraph (3)
of subsection (d) of Section 1-75, (ii) in the case of an
alternative retail electric supplier, an agreement between the
owner of a clean coal facility and such alternative retail
electric supplier, which agreement shall have terms and
conditions meeting the requirements of Section 16-115(d)(5) of
the Public Utilities Act, and (iii) in case of a gas utility,
an agreement between the owner of a clean coal SNG brownfield
facility and the gas utility, which agreement shall have the
terms and conditions meeting the requirements of subsection
(h-1) of Section 9-220 of the Public Utilities Act.
"Strike price" means a contract price for energy and
renewable energy credits from a new utility-scale wind project
or a new utility-scale photovoltaic project.

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"Subscriber" means a person who (i) takes delivery service
from an electric utility, and (ii) has a subscription of no
less than 200 watts to a community renewable generation
project that is located in the electric utility's service
area. No subscriber's subscriptions may total more than 40% of
the nameplate capacity of an individual community renewable
generation project. Entities that are affiliated by virtue of
a common parent shall not represent multiple subscriptions
that total more than 40% of the nameplate capacity of an
individual community renewable generation project.
"Subscription" means an interest in a community renewable
generation project expressed in kilowatts, which is sized
primarily to offset part or all of the subscriber's
electricity usage.
"Substitute natural gas" or "SNG" means a gas manufactured
by gasification of hydrocarbon feedstock, which is
substantially interchangeable in use and distribution with
conventional natural gas.
"Total resource cost test" or "TRC test" means a standard
that is met if, for an investment in energy efficiency or
demand-response measures, the benefit-cost ratio is greater
than one. The benefit-cost ratio is the ratio of the net
present value of the total benefits of the program to the net
present value of the total costs as calculated over the
lifetime of the measures. A total resource cost test compares
the sum of avoided electric utility costs, representing the

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benefits that accrue to the system and the participant in the
delivery of those efficiency measures and including avoided
costs associated with reduced use of natural gas or other
fuels, avoided costs associated with reduced water
consumption, and avoided costs associated with reduced
operation and maintenance costs, as well as other quantifiable
societal benefits, to the sum of all incremental costs of
end-use measures that are implemented due to the program
(including both utility and participant contributions), plus
costs to administer, deliver, and evaluate each demand-side
program, to quantify the net savings obtained by substituting
the demand-side program for supply resources. In calculating
avoided costs of power and energy that an electric utility
would otherwise have had to acquire, reasonable estimates
shall be included of financial costs likely to be imposed by
future regulations and legislation on emissions of greenhouse
gases. In discounting future societal costs and benefits for
the purpose of calculating net present values, a societal
discount rate based on actual, long-term Treasury bond yields
should be used. Notwithstanding anything to the contrary, the
TRC test shall not include or take into account a calculation
of market price suppression effects or demand reduction
induced price effects.
"Utility-scale solar project" means an electric generating
facility that:
(1) generates electricity using photovoltaic cells;

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and
(2) has a nameplate capacity that is greater than
5,000 kilowatts.
"Utility-scale wind project" means an electric generating
facility that:
(1) generates electricity using wind; and
(2) has a nameplate capacity that is greater than
5,000 kilowatts.
"Waste Heat to Power Systems" means systems that capture
and generate electricity from energy that would otherwise be
lost to the atmosphere without the use of additional fuel.
"Zero emission credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a zero emission facility.
"Zero emission facility" means a facility that: (1) is
fueled by nuclear power; and (2) is interconnected with PJM
Interconnection, LLC or the Midcontinent Independent System
Operator, Inc., or their successors.
(Source: P.A. 102-662, eff. 9-15-21; revised 6-2-22.)
Section 130. The Illinois African-American Family
Commission Act is amended by changing Section 5 as follows:
(20 ILCS 3903/5)
Sec. 5. Legislative findings. It is the policy of this
State to promote family preservation and to preserve and

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strengthen families.
(a) Over 12 million people live in Illinois.
African-Americans represent 15% of the population and 26% of
the residents living in Cook County. Despite some progress
over the last few decades, African-Americans in Illinois
continue to lag behind other racial groups relative to
indicators of well-being in education, employment, income, and
health. According to the 2000 U.S. Census, just 26% of the
African-American population over 25 years of age in Illinois
completed their high school education; 6% held an associate's
degree; less than 10% (9%) held a bachelor's degree; less than
5% (3%) held a master's degree; and less than one percent held
either a professional (.8%) or doctoral (.4%) degree.
These levels of education attainment reflect more
fundamental problems with retaining African-Americans in
school. The Illinois State Board of Education reported that
for the 2001-2002 school year, 36,373, or 6%, of students
enrolled in public high schools dropped out. Thirty-nine
percent of these students were African-Americans; 38% were
White; 21% were Hispanic; and 2% were classified as Other.
Although African-Americans make up 18% of the high school
population, they are disproportionately represented in the
number of students who are suspended and expelled. In the
2001-2002 school year, 29,068 students were suspended from
school. Forty-seven percent were White, 37% were
African-American, 14% were Hispanic, and 1% were classified as

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Other. In regards to expulsions Statewide, the total number of
high school students expelled was 1,651. Forty-three percent
were African-American, 41% were White, 14% were Hispanic, and
2% were classified as Other. Within Chicago public schools,
448 students were expelled. Seventy-seven of these students
were African-American; 27% were White; 14% were Hispanic; and
4% were classified as Other. The fact that African-Americans
are more likely to be suspended or expelled from school also
contributes to the high dropout rate among African-American
high school students.
In addition to educational challenges, African-Americans
face challenges in the areas of employment and income. In the
year 2000, the unemployment rate for African-Americans age 16
years or older was 15% compared to only 6% for the total
Illinois population. Moreover, the median household income of
African-Americans in Illinois was $31,699 compared to $46,590
for the total Illinois population, and the percentage of
African-American families below the poverty level in Illinois
was 26% percent in 1999 compared to 10.7% for the total
Illinois population in that same year.
Indicators of child welfare and criminal justice reveal
still more challenges that African-American families face in
Illinois. In 2000, African-American children represented 18%
of children 18 years of age and under, but comprised 73% of
children in substitute care. African-Americans are also
overrepresented in the criminal justice population. Of the

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total Illinois adult inmate population in the year 2000, 65%
were African-American. During this same time period,
African-American youth represented 58% of the juvenile inmate
population in Illinois.
While the leading causes of death among African-Americans
are the same as those for the general population in Illinois,
African-Americans have a higher rate of death per 100,000
residents. The rate of overall deaths per 100,000 residents
among African-Americans in the year 2000 was 1,181; 847 for
Whites; and 411 for those classified as Other. The rate of
cancer-related deaths per 100,000 residents by racial or
ethnic groups in 2000 was: 278 African-Americans; 206 Whites;
and 110 of those classified as Other. The rate of
diabetes-related deaths per 100,000 residents among
African-Americans in 2000 was 41 compared to 23 for Whites and
13 for those classified as Other. The rate of deaths per
100,000 residents by heart disease among African-Americans in
2000 was 352 compared to 257 for Whites and 120 for those
classified as Other. The rate of deaths per 100,000 residents
by stroke among African-Americans in 2000 was 75; 60 for
Whites; and 35 for those classified as Other.
African-Americans had higher rates of smoking and obesity
than other racial groups in Illinois in 2001.
African-Americans accounted for more of the new
adult/adolescent AIDS cases, cumulative adult/adolescent AIDS
cases, and number of people living with AIDS than other racial

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groups in Illinois in the year 2002. Still, 23% of uninsured
persons in Illinois are African-American.
(b) The Illinois African-American Family Commission
continues to be an essential key to promoting the preservation
and strengthening of families. As of January 1, 2015 (the
effective date of Public Act 98-693) this amendatory Act of
the 98th General Assembly, just under 13 million people live
in Illinois. African-Americans represent 15% of the population
and 25% of the residents living in Cook County. Despite some
progress over the last few decades, African-Americans in
Illinois continue to lag behind other racial groups relative
to indicators of well-being in education, employment, income,
and health. According to the 2010 federal decennial census:
just 28% of the African-American population over 25 years of
age in Illinois completed their high school education; 36% had
some college or an associate's degree; less than 12% held a
bachelor's degree; less than 8% held either a graduate or
professional degree.
These levels of education attainment reflect more
fundamental problems with retaining African-Americans in
school. The State Board of Education reported that for the
2010-2011 school year, 18,210, or 2.77%, of students enrolled
in public high schools dropped out. 39.3% of these students
were African-Americans; 32.6% were White; 24.2% were Hispanic;
and 2% were classified as Other.
Although African-Americans make up 20% of the high school

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population, they are disproportionately represented in the
number of students who are suspended and expelled. In the
2011-2012 school year, 29,928 students were suspended from
school. 36% were White, 34% were African-American, 26% were
Hispanic, and 4% were classified as Other. With regard to
expulsions statewide, the total number of high school students
expelled was 982. 37% were African-American, 41% were White,
21% were Hispanic, and 2% were classified as Other. Within
Chicago public schools, 294 students were expelled. 80% of
these students were African-American; none were White; 17%
were Hispanic; and 3% were classified as Other. The fact that
African-Americans are more likely to be suspended or expelled
from school also contributes to the high dropout rate among
African-American high school students.
In addition to educational challenges, African-Americans
face challenges in the areas of employment and income. In the
year 2010, the unemployment rate for African-Americans age 16
years or older was 16% compared to only 9% for the total
Illinois population. Moreover, the median household income of
African-Americans in Illinois was $34,874 compared to $60,433
for the total Illinois population, and the percentage of
African-American families below the poverty level in Illinois
was 32% percent in 2012 compared to 15% for the total Illinois
population in that same year.
Indicators of child welfare and criminal justice reveal
still more challenges that African-American families face in

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Illinois. In 2010, African-American children represented 14%
of children 18 years of age and under, but comprised 56% of
children in substitute care. African-Americans are also
overrepresented in the criminal justice population. Of the
total Illinois adult inmate population in the year 2012, 57%
were African-American. During this same time period,
African-American youth represented 66% of the juvenile inmate
population in Illinois.
While the leading causes of death among African-Americans
are the same as those for the general population in Illinois,
African-Americans have a higher rate of death per 100,000
residents. The rate of overall deaths per 100,000 residents
among African-Americans in the year 2010 was 898; 741 for
Whites; and 458 for those classified as Other. The rate of
cancer-related deaths per 100,000 residents by racial or
ethnic groups in 2010 was 216 for African-Americans; 179 for
Whites; and 124 for those classified as Other. The rate of
diabetes-related deaths per 100,000 residents among
African-Americans in 2010 was 114 compared to 66 for Whites
and 75 for those classified as Other. The rate of deaths per
100,000 residents by heart disease among African-Americans in
2010 was 232 compared to 179 for Whites and 121 for those
classified as Other. The rate of deaths per 100,000 residents
by stroke among African-Americans in 2010 was 108; 73 for
Whites; and 56 for those classified as Other.
African-Americans had higher rates of smoking and obesity

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than other racial groups in Illinois in 2013.
African-Americans accounted for more of the new
adult/adolescent AIDS cases, cumulative adult/adolescent AIDS
cases, and number of people living with AIDS than other racial
groups in Illinois in the year 2013. Still, 24% of uninsured
persons in Illinois are African-American.
(c) These huge disparities in education, employment,
income, child welfare, criminal justice, and health
demonstrate the tremendous challenges facing the
African-American family in Illinois. These challenges are
severe. There is a need for government, child and family
advocates, and other key stakeholders to create and implement
public policies to address the health and social crises facing
African-American families. The development of given solutions
clearly transcends any one State agency and requires a
coordinated effort. The Illinois African-American Family
Commission shall assist State agencies with this task.
The African-American Family Commission was created in
October 1994 by Executive Order to assist the Illinois
Department of Children and Family Services in developing and
implementing programs and public policies that affect the
State's child welfare system. The Commission has a proven
track record of bringing State agencies, community providers,
and consumers together to address child welfare issues. The
ability of the Commission to address the above-mentioned
health issues, community factors, and the personal well-being

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of African-American families and children has been limited due
to the Executive Order's focus on child welfare. It is
apparent that broader issues of health, mental health,
criminal justice, education, and economic development also
directly affect the health and well-being of African-American
families and children. Accordingly, the role of the Illinois
African-American Family Commission is hereby expanded to
encompass working relationships with every department, agency,
and commission within State government if any of its
activities impact African-American children and families. The
focus of the Commission is hereby restructured and shall exist
by legislative mandate to engage State agencies in its efforts
to preserve and strengthen African-American families.
(Source: P.A. 98-693, eff. 1-1-15; revised 9-14-22.)
Section 135. The Illinois Vehicle Hijacking and Motor
Vehicle Theft Prevention and Insurance Verification Act is
amended by changing Sections 8.5 and 8.6 as follows:
(20 ILCS 4005/8.5)
(Section scheduled to be repealed on January 1, 2025)
Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle
Theft Prevention Trust Fund. The State Police Vehicle
Hijacking and Motor Vehicle Theft Prevention Trust Fund is
created as a trust fund in the State treasury. The State
Treasurer shall be the custodian of the Fund. The State Police

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Vehicle Hijacking and Motor Vehicle Theft Prevention Trust
Fund is established to receive funds from the Illinois Vehicle
Hijacking and Motor Vehicle Theft Prevention and Insurance
Verification Council. All interest earned from the investment
or deposit of moneys accumulated in the Fund shall be
deposited into the Fund. Moneys in the Fund shall be used by
the Illinois State Police for motor vehicle theft prevention
purposes.
(Source: P.A. 102-538, eff. 8-20-21; 102-775, eff. 5-13-22;
102-904, eff. 1-1-23; revised 12-13-22.)
(20 ILCS 4005/8.6)
Sec. 8.6. State Police Training and Academy Fund; Law
Enforcement Training Fund. Before April 1 of each year, each
insurer engaged in writing private passenger motor vehicle
insurance coverage that is included in Class 2 and Class 3 of
Section 4 of the Illinois Insurance Code, as a condition of its
authority to transact business in this State, may collect and
shall pay to the Department of Insurance an amount equal to $4,
or a lesser amount determined by the Illinois Law Enforcement
Training Standards Board by rule, multiplied by the insurer's
total earned car years of private passenger motor vehicle
insurance policies providing physical damage insurance
coverage written in this State during the preceding calendar
year. Of the amounts collected under this Section, the
Department of Insurance shall deposit 10% into the State

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Police Training and Academy Fund and 90% into the Law
Enforcement Training Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;
102-1071, eff. 6-10-22; revised 9-1-22.)
Section 140. The Task Force on Missing and Murdered
Chicago Women Act is amended by changing Section 10 as
follows:
(20 ILCS 4119/10)
Sec. 10. Task Force on Missing and Murdered Chicago Women.
(a) The Executive Director of the Illinois Criminal
Justice Information Authority or the Executive Director's
designee, in consultation with the Director of the Illinois
State Police and the Chicago Police Superintendent, shall
appoint the non-legislative members to the Task Force on
Missing and Murdered Chicago Women to advise the Director and
the Chicago Police Superintendent and to report to the General
Assembly on recommendations to reduce and end violence against
Chicago women and girls. The Task Force may also serve as a
liaison between the Director, the Chicago Police
Superintendent, and agencies and nongovernmental organizations
that provide services to victims, victims' families, and
victims' communities. Task Force members shall serve without
compensation but may, subject to appropriation, receive
reimbursement for their expenses as members of the Task Force.

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(b) There is created the Task Force on Missing and
Murdered Chicago Women, which shall consist of the following
individuals, or their designees, who are knowledgeable in
crime victims' rights or violence protection and, unless
otherwise specified, members shall be appointed for 2-year
terms as follows:
(1) Two members of the Senate, one appointed by the
President of the Senate and one appointed by the Minority
Leader of the Senate; .
(2) Two members of the House of Representatives, one
appointed by the Speaker of the House of Representatives
and one appointed by the Minority Leader of the House of
Representatives; .
(3) Two members from among the following appointed by
the Executive Director of the Illinois Criminal Justice
Information Authority or the Executive Director's
designee:
(A) an association representing Illinois chiefs of
police;
(B) an association representing Illinois sheriffs;
(C) an officer who is employed by the Illinois
State Police; or
(D) an Illinois peace officer's association; .
(4) One or more representatives from among the
following:
(A) an association representing State's Attorneys;

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(B) an attorney representing the United States
Attorney's Office in Chicago; or
(C) a circuit judge, associate judge, or attorney
working in juvenile court;
(D) the Cook County Medical Examiner, or his or
her designee, or a representative from a statewide
coroner's or medical examiner's association or a
representative of the Department of Public Health;
(5) Two representatives for victims, with a focus on
individuals who work with victims of violence or their
families appointed by the Executive Director of the
Illinois Criminal Justice Information Authority or the
Executive Director's designee; and
(6) Four or more members from among the following
appointed by the Executive Director of the Illinois
Criminal Justice Information Authority or the Executive
Director's designee:
(A) a statewide or local organization that
provides legal services to Chicago women and girls;
(B) a statewide or local organization that
provides advocacy or counseling for Chicago women and
girls who have been victims of violence;
(C) a statewide or local organization that
provides healthcare services to Chicago women and
girls;
(D) a statewide organization that represents women

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and girls who have been sexually assaulted;
(E) a women's health organization or agency; or
(F) a Chicago woman who is a survivor of
gender-related violence.
(c) Vacancies in positions appointed by the Executive
Director of the Illinois Criminal Justice Information
Authority or the Executive Director's designee shall be filled
by the Executive Director of the Illinois Criminal Justice
Information Authority or the Executive Director's designee
consistent with the qualifications of the vacating member
required by this Section.
(d) Task Force members shall annually elect a chair and
vice-chair from among the Task Force's members, and may elect
other officers as necessary. The Task Force shall meet at
least quarterly, or upon the call of its chair, and may hold
meetings throughout the City of Chicago. The Task Force shall
meet frequently enough to accomplish the tasks identified in
this Section. Meetings of the Task Force are subject to the
Open Meetings Act. The Task Force shall seek out and enlist the
cooperation and assistance of nongovernmental organizations,
community, and advocacy organizations working with the Chicago
community, and academic researchers and experts, specifically
those specializing in violence against Chicago women and
girls, representing diverse communities disproportionately
affected by violence against women and girls, or focusing on
issues related to gender-related violence and violence against

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Chicago women and girls.
(e) The Executive Director of the Illinois Criminal
Justice Information Authority or the Executive Director's
designee shall convene the first meeting of the Task Force no
later than 30 days after the appointment of a majority of the
members of the Task Force. The Illinois Criminal Justice
Information Authority shall provide meeting space and
administrative assistance as necessary for the Task Force to
conduct its work. The chair of the Task Force may call
electronic meetings of the Task Force. A member of the Task
Force participating electronically shall be deemed present for
purposes of establishing a quorum and voting.
(f) The Task Force must examine and report on the
following:
(1) the systemic causes behind violence that Chicago
women and girls experience, including patterns and
underlying factors that explain why disproportionately
high levels of violence occur against Chicago women and
girls, including underlying historical, social, economic,
institutional, and cultural factors that may contribute to
the violence;
(2) appropriate methods for tracking and collecting
data on violence against Chicago women and girls,
including data on missing and murdered Chicago women and
girls;
(3) policies and institutions such as policing, child

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welfare, medical examiner practices, and other
governmental practices that impact violence against
Chicago women and girls and the investigation and
prosecution of crimes of gender-related violence against
Chicago residents;
(4) measures necessary to address and reduce violence
against Chicago women and girls; and
(5) measures to help victims, victims' families, and
victims' communities prevent and heal from violence that
occurs against Chicago women and girls.
(g) The Task Force shall report on or before December 31 of
2024, and on or before December 31 of each year thereafter, to
the General Assembly and the Governor on the work of the Task
Force, including, but not limited to, the issues to be
examined in subsection (g), and shall include in the annual
report recommendations regarding institutional policies and
practices or proposed institutional policies and practices
that are effective in reducing gender-related violence and
increasing the safety of Chicago women and girls. The report
shall include recommendations to reduce and end violence
against Chicago women and girls and help victims and
communities heal from gender-related violence and violence
against Chicago women and girls.
(Source: P.A. 102-1057, eff. 1-1-23; revised 12-16-22.)
Section 150. The Legislative Audit Commission Act is

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amended by changing Section 3 as follows:
(25 ILCS 150/3) (from Ch. 63, par. 106)
Sec. 3. The Commission shall receive the reports of the
Auditor General and other financial statements and shall
determine what remedial measures, if any, are needed, and
whether special studies and investigations are necessary. If
the Commission shall deem such studies and investigations to
be necessary, the Commission may direct the Auditor General to
undertake such studies or investigations.
When a disagreement between the Audit Commission and an
agency under the Governor's jurisdiction arises in the process
of the Audit Commission's review of audit reports relating to
such agency, the Audit Commission shall promptly advise the
Governor of such areas of disagreement. The Governor shall
respond to the Audit Commission within a reasonable period of
time, and in no event later than 60 days, expressing his views
concerning such areas of disagreement and indicating the
corrective action taken by his office with reference thereto
or, if no action is taken, indicating the reasons therefor.
The Audit Commission also promptly shall advise all other
responsible officials of the Executive, Judicial, and
Legislative branches of the State government of areas of
disagreement arising in the process of the Commission's review
of their respective audit reports. With reference to his
particular office, each such responsible official shall

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respond to the Audit Commission within a reasonable period of
time, and in no event later than 60 days, expressing his view
concerning such areas of disagreement and indicating the
corrective action taken with reference thereto or stating the
reasons that no action has been taken.
The Commission shall report its activities to the General
Assembly including such remedial measures as it deems to be
necessary. The report of the Commission shall be made to the
General Assembly not less often than annually and not later
than March 1 in each 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.
In addition, the Commission has the powers and duties
provided for in the "Illinois State Auditing Act", enacted by
the 78th General Assembly, and, if the provisions of that Act
are conflict with those of this Act, that Act prevails.
(Source: P.A. 100-1148, eff. 12-10-18; revised 9-12-22.)
Section 155. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.935,
5.970, 5.971, 5.972, 5.973, 5.974, 5.975, 5.976, and 6z-131,
by changing Sections 6z-18, 6z-64, 6z-126, and 29a, and by

SB2437 - 344 - LRB103 26700 AMC 53063 b
setting forth, renumbering, and changing multiple versions of
Section 6z-130 as follows:
(30 ILCS 105/5.935)
Sec. 5.935. The Freedom Schools Fund.
(Source: P.A. 101-654, eff. 3-8-21; 102-813, eff. 5-13-22.)
(30 ILCS 105/5.965)
Sec. 5.965 5.935. The 100 Club of Illinois Fund.
(Source: P.A. 102-1060, eff. 6-10-22; revised 7-27-22.)
(30 ILCS 105/5.966)
Sec. 5.966 5.970. The Serve Illinois Commission Fund.
(Source: P.A. 102-699, eff. 4-19-22; revised 7-27-22.)
(30 ILCS 105/5.967)
Sec. 5.967 5.970. The Illinois Production Workforce
Development Fund.
(Source: P.A. 102-700, eff. 4-19-22; revised 7-27-22.)
(30 ILCS 105/5.968)
Sec. 5.968 5.970. The Law Enforcement Recruitment and
Retention Fund.
(Source: P.A. 102-755, eff. 5-10-22; revised 7-27-22.)
(30 ILCS 105/5.969)

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Sec. 5.969 5.970. The Organized Retail Crime Enforcement
Fund.
(Source: P.A. 102-757, eff. 1-1-23; revised 1-10-23.)
(30 ILCS 105/5.970)
Sec. 5.970. The Future Farmers of America Fund.
(Source: P.A. 102-809, eff. 1-1-23.)
(30 ILCS 105/5.971)
Sec. 5.971. The Statewide 9-8-8 Trust Fund.
(Source: P.A. 102-699, eff. 4-19-22.)
(30 ILCS 105/5.972)
Sec. 5.972. The Board of Higher Education State Contracts
and Grants Fund.
(Source: P.A. 102-699, eff. 4-19-22.)
(30 ILCS 105/5.973)
Sec. 5.973. The Agriculture Federal Projects Fund.
(Source: P.A. 102-699, eff. 4-19-22.)
(30 ILCS 105/5.974)
Sec. 5.974. The DNR Federal Projects Fund.
(Source: P.A. 102-699, eff. 4-19-22.)
(30 ILCS 105/5.975)

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Sec. 5.975. The Illinois Opioid Remediation State Trust
Fund.
(Source: P.A. 102-699, eff. 4-19-22.)
(30 ILCS 105/5.976)
Sec. 5.976. The General Assembly Technology Fund.
(Source: P.A. 102-699, eff. 4-19-22.)
(30 ILCS 105/5.977)
Sec. 5.977 5.970. The First Responder Behavioral Health
Grant Fund.
(Source: P.A. 102-911, eff. 1-1-23; revised 1-10-23.)
(30 ILCS 105/5.978)
Sec. 5.978 5.970. The Off-Hours Child Care Program Fund.
(Source: P.A. 102-912, eff. 5-27-22; revised 7-27-22.)
(30 ILCS 105/5.979)
Sec. 5.979 5.970. The Division of Real Estate General
Fund.
(Source: P.A. 102-970, eff. 5-27-22; revised 7-27-22.)
(30 ILCS 105/5.980)
Sec. 5.980 5.970. The Aeronautics Fund.
(Source: P.A. 102-1071, eff. 6-10-22; revised 7-27-22.)

SB2437 - 347 - LRB103 26700 AMC 53063 b
(30 ILCS 105/5.981)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5.981 5.971. The Grocery Tax Replacement Fund. This
Section is repealed January 1, 2024.
(Source: P.A. 102-700, eff. 4-19-22; revised 7-28-22.)
(30 ILCS 105/5.982)
Sec. 5.982 5.971. The Emergency Planning and Training
Fund.
(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)
(30 ILCS 105/5.983)
Sec. 5.983 5.972. The ISAC Accounts Receivable Fund.
(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)
(30 ILCS 105/5.984)
Sec. 5.984 5.973. The Motor Fuel and Petroleum Standards
Fund.
(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)
(30 ILCS 105/5.985)
Sec. 5.985 5.974. The State Small Business Credit
Initiative Fund.
(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)
(30 ILCS 105/5.986)

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Sec. 5.986 5.975. The Public Pension Regulation Fund.
(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)
(30 ILCS 105/5.987)
Sec. 5.987 5.976. The Vehicle Inspection Fund.
(Source: P.A. 102-1071, eff. 6-10-22; revised 7-28-22.)
(30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
Sec. 6z-18. Local Government Tax Fund. A portion of the
money paid into the Local Government Tax Fund from sales of
tangible personal property taxed at the 1% rate under the
Retailers' Occupation Tax Act and the Service Occupation Tax
Act, which occurred in municipalities, shall be distributed to
each municipality based upon the sales which occurred in that
municipality. The remainder shall be distributed to each
county based upon the sales which occurred in the
unincorporated area of that county.
Moneys transferred from the Grocery Tax Replacement Fund
to the Local Government Tax Fund under Section 6z-130 shall be
treated under this Section in the same manner as if they had
been remitted with the return on which they were reported.
A portion of the money paid into the Local Government Tax
Fund from the 6.25% general use tax rate on the selling price
of tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by any agency of this State's government shall be

SB2437 - 349 - LRB103 26700 AMC 53063 b
distributed to municipalities as provided in this paragraph.
Each municipality shall receive the amount attributable to
sales for which Illinois addresses for titling or registration
purposes are given as being in such municipality. The
remainder of the money paid into the Local Government Tax Fund
from such sales shall be distributed to counties. Each county
shall receive the amount attributable to sales for which
Illinois addresses for titling or registration purposes are
given as being located in the unincorporated area of such
county.
A portion of the money paid into the Local Government Tax
Fund from the 6.25% general rate (and, beginning July 1, 2000
and through December 31, 2000, the 1.25% rate on motor fuel and
gasohol, and beginning on August 6, 2010 through August 15,
2010, and beginning again on August 5, 2022 through August 14,
2022, the 1.25% rate on sales tax holiday items) on sales
subject to taxation under the Retailers' Occupation Tax Act
and the Service Occupation Tax Act, which occurred in
municipalities, shall be distributed to each municipality,
based upon the sales which occurred in that municipality. The
remainder shall be distributed to each county, based upon the
sales which occurred in the unincorporated area of such
county.
For the purpose of determining allocation to the local
government unit, a retail sale by a producer of coal or other
mineral mined in Illinois is a sale at retail at the place

SB2437 - 350 - LRB103 26700 AMC 53063 b
where the coal or other mineral mined in Illinois is extracted
from the earth. This paragraph does not apply to coal or other
mineral when it is delivered or shipped by the seller to the
purchaser at a point outside Illinois so that the sale is
exempt under the United States Constitution as a sale in
interstate or foreign commerce.
Whenever the Department determines that a refund of money
paid into the Local Government Tax Fund should be made to a
claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause
the order to be drawn for the amount specified, and to the
person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the Local
Government Tax Fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, to the STAR
Bonds Revenue Fund the local sales tax increment, as defined
in the Innovation Development and Economy Act, collected
during the second preceding calendar month for sales within a
STAR bond district and deposited into the Local Government Tax
Fund, less 3% of that amount, which shall be transferred into
the Tax Compliance and Administration Fund and shall be used
by the Department, subject to appropriation, to cover the
costs of the Department in administering the Innovation

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Development and Economy Act.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
and counties, the municipalities and counties to be those
entitled to distribution of taxes or penalties paid to the
Department during the second preceding calendar month. The
amount to be paid to each municipality or county shall be the
amount (not including credit memoranda) collected during the
second preceding calendar month by the Department and paid
into the Local Government Tax Fund, plus an amount the
Department determines is necessary to offset any amounts which
were erroneously paid to a different taxing body, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department, and not
including any amount which the Department determines is
necessary to offset any amounts which are payable to a
different taxing body but were erroneously paid to the
municipality or county, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt, by the Comptroller, of the disbursement
certification to the municipalities and counties, provided for
in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be drawn
for the respective amounts in accordance with the directions

SB2437 - 352 - LRB103 26700 AMC 53063 b
contained in such certification.
When certifying the amount of monthly disbursement to a
municipality or county under this Section, the Department
shall increase or decrease that amount by an amount necessary
to offset any misallocation of previous disbursements. The
offset amount shall be the amount erroneously disbursed within
the 6 months preceding the time a misallocation is discovered.
The provisions directing the distributions from the
special fund in the State treasury Treasury provided for in
this Section shall constitute an irrevocable and continuing
appropriation of all amounts as provided herein. The State
Treasurer and State Comptroller are hereby authorized to make
distributions as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation, or other lawful agreement in effect prior to
September 1, 1990, which describes or refers to receipts from
a county or municipal retailers' occupation tax, use tax or
service occupation tax which now cannot be imposed, such
description or reference shall be deemed to include the
replacement revenue for such abolished taxes, distributed from
the Local Government Tax Fund.
As soon as possible after March 8, 2013 (the effective
date of Public Act 98-3) this amendatory Act of the 98th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer $6,600,000 from the Local
Government Tax Fund to the Illinois State Medical Disciplinary

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Fund.
(Source: P.A. 102-700, Article 60, Section 60-10, eff.
4-19-22; 102-700, Article 65, Section 65-15, eff. 4-19-22;
revised 6-2-22.)
(30 ILCS 105/6z-64)
Sec. 6z-64. The Workers' Compensation Revolving Fund.
(a) The Workers' Compensation Revolving Fund is created as
a revolving fund, not subject to fiscal year limitations, in
the State treasury. The following moneys shall be deposited
into the Fund:
(1) amounts authorized for transfer to the Fund from
the General Revenue Fund and other State funds (except for
funds classified by the Comptroller as federal trust funds
or State trust funds) pursuant to State law or Executive
Order;
(2) federal funds received by the Department of
Central Management Services (the "Department") as a result
of expenditures from the Fund;
(3) interest earned on moneys in the Fund;
(4) receipts or inter-fund transfers resulting from
billings issued to State agencies, officers, boards,
commissions, and universities for the cost of workers'
compensation services that are not compensated through the
specific fund transfers authorized by this Section, if
any;

SB2437 - 354 - LRB103 26700 AMC 53063 b
(5) amounts received from a State agency, officer,
board, commission, or university for workers' compensation
payments for temporary total disability, as provided in
Section 405-105 of the Department of Central Management
Services Law of the Civil Administrative Code of Illinois;
and
(6) amounts recovered through subrogation in workers'
compensation and workers' occupational disease cases.
(b) Moneys in the Fund may be used by the Department for
reimbursement or payment for:
(1) providing workers' compensation services to State
agencies, officers, boards, commissions, and universities;
or
(2) providing for payment of administrative and other
expenses (and, beginning January 1, 2013, fees and charges
made pursuant to a contract with a private vendor)
incurred in providing workers' compensation services. The
Department, or any successor agency designated to enter
into contracts with one or more private vendors for the
administration of the workers' compensation program for
State employees pursuant to subdivision (10b) subsection
10b of Section 405-105 of the Department of Central
Management Services Law of the Civil Administrative Code
of Illinois, is authorized to establish one or more
special funds, as separate accounts provided by any bank
or banks as defined by the Illinois Banking Act, any

SB2437 - 355 - LRB103 26700 AMC 53063 b
savings and loan association or associations as defined by
the Illinois Savings and Loan Act of 1985, or any credit
union as defined by the Illinois Credit Union Act, to be
held by the Director outside of the State treasury, for
the purpose of receiving the transfer of moneys from the
Workers' Compensation Revolving Fund. The Department may
promulgate rules further defining the methodology for the
transfers. Any interest earned by moneys in the funds or
accounts shall be deposited into the Workers' Compensation
Revolving Fund. The transferred moneys, and interest
accrued thereon, shall be used exclusively for transfers
to contracted private vendors or their financial
institutions for payments to workers' compensation
claimants and providers for workers' compensation
services, claims, and benefits pursuant to this Section
and subdivision (9) subsection 9 of Section 405-105 of the
Department of Central Management Services Law of the Civil
Administrative Code of Illinois. The transferred moneys,
and interest accrued thereon, shall not be used for any
other purpose, including, but not limited to,
reimbursement or payment of administrative fees due the
contracted vendor pursuant to its contract or contracts
with the Department.
(c) State agencies, officers, boards, and commissions may
direct the Comptroller to process inter-fund transfers or make
payment through the voucher and warrant process to the

SB2437 - 356 - LRB103 26700 AMC 53063 b
Workers' Compensation Revolving Fund in satisfaction of
billings issued under subsection (a) of this Section.
(d) (Blank.).
(d-5) (Blank.).
(d-10) (Blank.).
(d-12) (Blank.).
(d-15) (Blank.).
(d-20) (Blank.).
(d-25) (Blank.).
(d-30) (Blank.).
(d-35) (Blank.).
(d-40) (Blank.).
(d-45) (Blank.).
(d-50) (Blank.).
(d-55) (Blank.).
(e) The term "workers' compensation services" means
services, claims expenses, and related administrative costs
incurred in performing the duties under Sections 405-105 and
405-411 of the Department of Central Management Services Law
of the Civil Administrative Code of Illinois.
(Source: P.A. 102-767, eff. 5-13-22; revised 9-13-22.)
(30 ILCS 105/6z-126)
Sec. 6z-126. Law Enforcement Training Fund. The Law
Enforcement Training Fund is hereby created as a special fund
in the State treasury. Moneys in the Fund shall consist of: (i)

SB2437 - 357 - LRB103 26700 AMC 53063 b
90% of the revenue from increasing the insurance producer
license fees, as provided under subsection (a-5) of Section
500-135 of the Illinois Insurance Code; and (ii) 90% of the
moneys collected from auto insurance policy fees under Section
8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
Prevention and Insurance Verification Act. This Fund shall be
used by the Illinois Law Enforcement Training Standards Board
to fund law enforcement certification compliance and the
development and provision of basic courses by Board-approved
academics, and in-service courses by approved academies.
(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;
102-1071, eff. 6-10-22; revised 12-13-22.)
(30 ILCS 105/6z-130)
(Section scheduled to be repealed on January 1, 2024)
Sec. 6z-130. Grocery Tax Replacement Fund.
(a) The Grocery Tax Replacement Fund is hereby created as
a special fund in the State Treasury.
(b) On April 19, 2022 (the effective date of Public Act
102-700) this amendatory Act of the 102nd General Assembly, or
as soon thereafter as practical, but no later than June 30,
2022, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $325,000,000 from the
General Revenue Fund to the Grocery Tax Replacement Fund.
(c) On July 1, 2022, or as soon thereafter as practical,
the State Comptroller shall direct and the State Treasurer

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shall transfer the sum of $75,000,000 from the General Revenue
Fund to the Grocery Tax Replacement Fund.
(d) In addition to any other transfers that may be
provided for by law, beginning on April 19, 2022 (the
effective date of Public Act 102-700) this amendatory Act of
the 102nd General Assembly and until November 30, 2023, the
Director may certify additional transfer amounts needed beyond
the amounts specified in subsections (b) and (c) to cover any
additional amounts needed to equal the net revenue that, but
for the reduction of the rate to 0% in the Use Tax Act, the
Service Use Tax Act, the Service Occupation Tax Act, and the
Retailers' Occupation Tax Act under Public Act 102-700 this
amendatory Act of the 102nd General Assembly, would have been
realized if the items that are subject to the rate reduction
had been taxed at the 1% rate during the period of the
reduction. The State Comptroller shall direct and the State
Treasurer shall transfer the amounts certified by the Director
from the General Revenue Fund to the Grocery Tax Replacement
Fund.
(e) In addition to any other transfers that may be
provided for by law, beginning on July 1, 2022 and until
December 1, 2023, at the direction of the Department of
Revenue, the State Comptroller shall direct and the State
Treasurer shall transfer from the Grocery Tax Replacement Fund
to the State and Local Sales Tax Reform Fund any amounts needed
to equal the net revenue that, but for the reduction of the

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rate to 0% in the Use Tax Act and Service Use Tax Act under
Public Act 102-700 this amendatory Act of the 102nd General
Assembly, would have been deposited into the State and Local
Sales Tax Reform Fund if the items that are subject to the rate
reduction had been taxed at the 1% rate during the period of
the reduction.
(f) In addition to any other transfers that may be
provided for by law, beginning on July 1, 2022 and until
December 1, 2023, at the direction of the Department of
Revenue, the State Comptroller shall direct and the State
Treasurer shall transfer from the Grocery Tax Replacement Fund
to the Local Government Tax Fund any amounts needed to equal
the net revenue that, but for the reduction of the rate to 0%
in the Service Occupation Tax Act and the Retailers'
Occupation Tax Act under Public Act 102-700 this amendatory
Act of the 102nd General Assembly, would have been deposited
into the Local Government Tax Fund if the items that are
subject to the rate reduction had been taxed at the 1% rate
during the period of the reduction.
(g) The State Comptroller shall direct and the State
Treasurer shall transfer the remaining balance in the Grocery
Tax Replacement Fund to the General Revenue Fund on December
1, 2023, or as soon thereafter as practical. Upon completion
of the transfer, the Grocery Tax Replacement Fund is
dissolved.
(h) This Section is repealed on January 1, 2024.

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(Source: P.A. 102-700, eff. 4-19-22; revised 8-1-22.)
(30 ILCS 105/6z-131)
Sec. 6z-131. Agriculture Federal Projects Fund. The
Agriculture Federal Projects Fund is established as a federal
trust fund in the State treasury. This Fund is established to
receive funds from all federal departments and agencies,
including grants and awards. In addition, the Fund may also
receive interagency receipts from other State agencies and
funds from other public and private sources. Moneys in the
Agriculture Federal Projects Fund shall be held by the State
Treasurer as ex officio custodian and shall be used for the
specific purposes established by the terms and conditions of
the federal grant or award and for other authorized expenses
in accordance with federal requirements. Other moneys
deposited into the Fund may be used for purposes associated
with the federally financed projects.
(Source: P.A. 102-699, eff. 4-19-22.)
(30 ILCS 105/6z-135)
Sec. 6z-135 6z-130. The Law Enforcement Recruitment and
Retention Fund.
(a) The Law Enforcement Recruitment and Retention Fund is
hereby created as a special fund in the State Treasury.
(b) Subject to appropriation, moneys in the Law
Enforcement Recruitment and Retention Fund shall be used by

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the Illinois Law Enforcement Training Standards Board to award
grants to units of local government, public institutions of
higher education, and qualified nonprofit entities for the
purpose of hiring and retaining law enforcement officers.
(c) When awarding grants, the Board shall prioritize:
(1) grants that will be used to hire, retain, or hire
and retain law enforcement officers in underserved areas
and areas experiencing the most need;
(2) achieving demographic and geographic diversity of
law enforcement officers that are recruited or hired by
applicants that are awarded grants;
(3) maximizing the effects of moneys spent on the
actual recruitment and retention of law enforcement
officers; and
(4) providing grants that can impact multiple
employers.
(d) Moneys received for the purposes of this Section,
including, but not limited to, fee receipts, gifts, grants,
and awards from any public or private entity, must be
deposited into the Fund. Any interest earned on moneys in the
Fund must be deposited into the Fund.
(e) The Illinois Law Enforcement Training Standards Board
may, by rule, set requirements for the distribution of grant
moneys and determine which entities are eligible.
(f) The Illinois Law Enforcement Training Standards Board
shall consider compliance with the Uniform Crime Reporting Act

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as a factor in awarding grant moneys.
(g) As used in this Section, "qualified nonprofit entity"
means a nonprofit entity, as defined by the Board by rule, that
has established experience in recruitment and retention of law
enforcement officers in Illinois.
(Source: P.A. 102-755, eff. 5-10-22; revised 8-1-22.)
(30 ILCS 105/6z-136)
Sec. 6z-136 6z-130. Industrial Biotechnology Human Capital
Fund.
(a) The Industrial Biotechnology Human Capital Fund is
created as a special fund in the State treasury and may receive
funds from any source, public or private, including moneys
appropriated for use by the Department of Commerce and
Economic Opportunity and laboratories and institutions
conducting industrial biotechnology research. Subject to
appropriation, the Industrial Biotechnology Human Capital Fund
shall receive moneys from the General Revenue Fund until June
30, 2025. Each eligible entity receiving a grant under this
Section shall, as a condition of receiving the grant,
contribute moneys to the Fund as part of a cost-sharing
agreement between the grantee and the Department of Commerce
and Economic Opportunity in accordance with rules adopted by
the Department of Commerce and Economic Opportunity. Grants
issued under this the Section may be for a period of 2 years.
An eligible entity issued a grant under this Section Sections

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shall be eligible for more than one such grant, but no more
than one grant annually, for the purpose of hiring and
retaining experts in residence Experts in Residence; however,
such entity may maintain more than one grant at any given time.
(b) Subject to appropriation, moneys in the Fund shall be
used for providing grants to laboratories and research
institutions for the purpose of hiring and retaining in-house
specialists, to be known as experts in residence, with the
knowledge and experience in moving industrial biotechnology
products through the development phase.
(c) To be eligible for grants provided from the Fund, an
entity must be a State-sponsored, university-affiliated
laboratory or research institution conducting collaboratives
or for-hire research in the development of biorenewable
chemicals, bio-based polymers, materials, novel feeds, or
additional value added biorenewables. Eligible entities must
also establish that the expert in residence
Expert-In-Residence they seek to hire or retain using the
grant funds possesses expertise in fermentation engineering,
process engineering, catalytic engineering, analytical
chemistry, or is a scale-up specialist.
(d) On or before January 31 of the next calendar year to
occur after the last day of any State fiscal year in which the
Department of Commerce and Economic Opportunity receives State
funding for the Program under this Section, the Department of
Commerce and Economic Opportunity shall submit an annual

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report to the General Assembly and the Governor on the use of
moneys in the Fund. The report shall include, but not be
limited to: (i) the number of laboratories or institutions
utilizing moneys in the Fund, including the name of such
entities; (ii) the number of experts in residence hired by
each laboratory or institution; (iii) the expertise or
specialty area of each expert in residence hired or retained;
and (iv) a summary of the benefit to the economy of the State
of Illinois economy in providing the grants.
(e) The Department of Commerce and Economic Opportunity
shall adopt all rules necessary for the implementation of this
Section.
(Source: P.A. 102-991, eff. 1-1-23; revised 8-1-22.)
(30 ILCS 105/6z-137)
Sec. 6z-137 6z-131. Industrial Biotechnology Capital
Maintenance Fund.
(a) The Industrial Biotechnology Capital Maintenance Fund
is created as a special fund in the State treasury and may
receive funds from any source, public or private, including
from moneys appropriated for use by the Department of Commerce
and Economic Opportunity and laboratories and institutions
conducting industrial biotechnology research.
(b) Subject to appropriation, moneys in the Fund shall be
used for providing grants to laboratories and research
institutions for the purpose of maintenance and repair of

SB2437 - 365 - LRB103 26700 AMC 53063 b
capital assets. Such maintenance and repairs of capital assets
shall be designed to extend the serviceable life of equipment
and buildings and expand the capacity of equipment and
buildings by at least 10%. For the purposes of this Section,
"capital assets" means equipment or buildings that have a
value greater than $250,000.
(c) To be eligible for grants provided from the Fund, an
entity must be a State-sponsored, university-affiliated
laboratory or research institution conducting collaboratives
or for-hire research in the development of biorenewable
chemicals, bio-based polymers, materials, novel feeds, or
additional value added biorenewables. The Department of
Commerce and Economic Opportunity shall determine the
disbursement of moneys for the purposes of this Section. Each
eligible entity, as a condition of receiving a grant under
this Section, shall match up to at least 50% of the moneys to
be granted to the entity.
(d) On or before January 31 of the next calendar year to
occur after the last day of any State fiscal year in which the
Department of Commerce and Economic Opportunity receives State
funding for the Program under this Section, the Department of
Commerce and Economic Opportunity shall submit an annual
report to the General Assembly and the Governor on the use of
moneys in the Fund. The report shall include, but not be
limited to: (i) the name of the institution or laboratory
receiving funds; (ii) the capital assets that were maintained

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or repaired at each institution or laboratory; (iii) the
expected usable life extension of each maintained or repaired
asset; and (iv) the capacity increase of each maintained or
repaired asset.
(e) The Department of Commerce and Economic Opportunity
shall adopt all rules necessary for the implementation of this
Section.
(Source: P.A. 102-991, eff. 1-1-23; revised 8-1-22.)
(30 ILCS 105/29a) (from Ch. 127, par. 165a)
Sec. 29a. The Department of Transportation is authorized
to contract with any bank or banks in the State for the payment
by such banks for the labor and services of day laborers
engaged in State road construction and maintenance work and
for emergency purchases in such work. Any such emergency
purchase shall not be for an amount in excess of $25.00. Such
bank or banks shall be reimbursed out of appropriations made
to the Department in accordance with the provisions of this
Act, and shall be paid such reasonable compensation for its
services as may be agreed on by the Department and the bank.
Such payments by any bank shall be made only upon the
authorization of some employee employe or agent of the
Department duly designated by it for this purpose. Such
employee employe or agent shall be required to furnish to the
Department a bond, to be paid for by the Department, in an
amount equal to twice the total of such payments at any one

SB2437 - 367 - LRB103 26700 AMC 53063 b
time.
(Source: P.A. 81-840; revised 9-9-22.)
Section 160. The Illinois Procurement Code is amended by
changing Sections 35-40 and 45-23 as follows:
(30 ILCS 500/35-40)
Sec. 35-40. Subcontractors.
(a) Any contract granted under this Article shall state
whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all
subcontractors with an annual value that exceeds the small
purchase maximum established by Section 20-20 of this Code,
the general type of work to be performed by these
subcontractors, and the expected amount of money each will
receive under the contract. Upon the request of the chief
procurement officer appointed pursuant to paragraph (2) of
subsection (a) of Section 10-20, the contractor shall provide
the chief procurement officer a copy of a subcontract so
identified within 15 calendar days after the request is made.
A subcontractor, or contractor on behalf of a subcontractor,
may identify information that is deemed proprietary or
confidential. If the chief procurement officer determines the
information is not relevant to the primary contract, the chief
procurement officer may excuse the inclusion of the
information. If the chief procurement officer determines the

SB2437 - 368 - LRB103 26700 AMC 53063 b
information is proprietary or could harm the business interest
of the subcontractor, the chief procurement officer may, in
his or her discretion, redact the information. Redacted
information shall not become part of the public record.
(b) If at any time during the term of a contract, a
contractor adds or changes any subcontractors, he or she shall
promptly notify, in writing, the chief procurement officer for
matters other than construction or the higher education chief
procurement officer, whichever is appropriate, and the
responsible State purchasing officer, or their designee of the
names and addresses and the expected amount of money each new
or replaced subcontractor will receive. Upon request of the
chief procurement officer appointed pursuant to paragraph (2)
of subsection (a) of Section 10-20, the contractor shall
provide the chief procurement officer a copy of any new or
amended subcontract so identified within 15 calendar days
after the request is made.
(c) In addition to any other requirements of this Code, a
subcontract subject to this Section must include all of the
subcontractor's certifications required by Article 50 of this
Code.
(d) For purposes of this Section, the changes made by
Public Act 98-1076 this amendatory Act of the 98th General
Assembly apply to procurements solicited on or after January
1, 2015 (the effective date of Public Act 98-1076) this
amendatory Act of the 98th General Assembly.

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(Source: P.A. 102-721, eff. 1-1-23; revised 12-9-22.)
(30 ILCS 500/45-23)
Sec. 45-23. Single-use plastics prohibition; preference.
(a) For the purposes of this Section:
"Compostable" means that the item meets the ASTM D6400
standard of compostability and has been certified by the
Biodegradable Products Institute as compostable.
"Compostable foodware" means containers, bowls, straws,
plates, trays, cartons, cups, lids, forks, spoons, knives, and
other items that are designed for one-time use for beverages,
prepared food, or leftovers from meals that are compostable.
"Plastic" means a synthetic material made from linking
monomers through a chemical reaction to create an organic
polymer chain that can be molded or extruded at high heat into
various solid forms retaining their defined shapes during
their life cycle and after disposal.
"Recyclable foodware" means items that are designed for
one-time use for beverages, prepared food, or leftovers from
meals and that are commonly accepted in local curbside
residential recycling pickup pick up.
"Single-use plastic disposable foodware" means containers,
bowls, straws, plates, trays, cartons, cups, lids, forks,
spoons, knives, and other items that are designed for one-time
use for beverages, prepared food, or leftovers from meals and
that are made of plastic, are not compostable, and are not

SB2437 - 370 - LRB103 26700 AMC 53063 b
accepted in residential curbside recycling pickup pick up.
(b) When a State agency or institution of higher education
is to award a contract to the lowest responsible bidder, an
otherwise qualified bidder who will fulfill the contract
through the use of compostable foodware or recyclable foodware
may be given preference over other bidders unable to do so;
provided that the bid is not more than 5% greater than the cost
of products that are single-use plastic disposable foodware.
The contract awarded the cost preference in this subsection
(b) shall also include the option of providing the State
agency or institution of higher education with single-use
plastic straws.
(c) After January 1, 2023, State agencies and departments
may not procure single-use plastic disposable foodware for use
at any State parks or natural areas, and instead shall offer
only compostable foodware or recyclable foodware for use at
State parks or natural areas.
(d) After January 1, 2024, or at the renewal of its next
contract, whichever occurs later, no vendor contracted through
a State agency or department may provide customers with
single-use plastic disposable foodware at any site located at
a State park or a natural area, and instead shall offer only
compostable foodware or recyclable foodware for use at State
parks or natural areas.
(e) This Section does not apply to the procurement of
supplies for the Illinois State Fair.

SB2437 - 371 - LRB103 26700 AMC 53063 b
(Source: P.A. 102-1081, eff. 1-1-23; revised 12-16-22.)
Section 165. The Community Behavioral Health Center
Infrastructure Act is amended by changing Section 5 as
follows:
(30 ILCS 732/5)
Sec. 5. Definitions. In this Act:
"Behavioral health center site" means a physical site
where a community behavioral health center shall provide
behavioral healthcare services linked to a particular
Department-contracted community behavioral healthcare
provider, from which this provider delivers a
Department-funded service and has the following
characteristics:
(i) The site must be owned, leased, or otherwise
controlled by a Department-funded provider.
(ii) A Department-funded provider may have multiple
service sites.
(iii) A Department-funded provider may provide both
Medicaid and non-Medicaid services for which they are
certified or approved at a certified site.
"Board" means the Capital Development Board.
"Community behavioral healthcare provider" includes, but
is not limited to, Department-contracted prevention,
intervention, or treatment care providers of services and

SB2437 - 372 - LRB103 26700 AMC 53063 b
supports for persons with mental health services, alcohol and
substance abuse services, rehabilitation services, and early
intervention services provided by a vendor.
For the purposes of this definition, "vendor" includes,
but is not limited to, community providers, including
community-based organizations that are licensed to provide
prevention, intervention, or treatment services and support
for persons with mental illness or substance abuse problems in
this State, that comply with applicable federal, State, and
local rules and statutes, including, but not limited to, the
following:
(A) Federal requirements:
(1) Block Grants for Community Mental Health
Services, Subpart I & III, Part B, Title XIX, P.H.S.
Act/45 CFR C.F.R. Part 96.
(2) Medicaid (42 U.S.C. U.S.C.A. 1396 (1996)).
(3) 42 CFR C.F.R. 440 (Services: General
Provision) and 456 (Utilization Control) (1996).
(4) Health Insurance Portability and
Accountability Act (HIPAA) as specified in 45 CFR
C.F.R. Section 160.310.
(5) The Substance Abuse Prevention Block Grant
Regulations (45 CFR C.F.R. Part 96).
(6) Program Fraud Civil Remedies Act of 1986 (45
CFR C.F.R. Part 79).
(7) Federal regulations regarding Opioid

SB2437 - 373 - LRB103 26700 AMC 53063 b
Maintenance Therapy (21 CFR C.F.R. 29) (21 CFR C.F.R.
1301-1307 (D.E.A.)).
(8) Federal regulations regarding Diagnostic,
Screening, Prevention, and Rehabilitation Services
(Medicaid) (42 CFR C.F.R. 440.130).
(9) Charitable Choice: Providers that qualify as
religious organizations under 42 CFR C.F.R. 54.2(b),
who comply with the Charitable Choice Regulations as
set forth in 42 CFR C.F.R. 54.1 et seq. with regard to
funds provided directly to pay for substance abuse
prevention and treatment services.
(B) State requirements:
(1) 59 Ill. Adm. Admin. Code 50, Office of
Inspector General Investigations of Alleged Abuse or
Neglect in State-Operated Facilities and Community
Agencies.
(2) (Blank). 59 Ill. Admin. Code 51, Office of
Inspector General Adults with Disabilities Project.
(3) 59 Ill. Adm. Admin. Code 103, Grants.
(4) 59 Ill. Adm. Admin. Code 115, Standards and
Licensure Requirements for Community-Integrated Living
Arrangements.
(5) 59 Ill. Adm. Admin. Code 117, Family
Assistance and Home-Based Support Programs for Persons
with Mental Disabilities.
(6) 59 Ill. Adm. Admin. Code 125, Recipient

SB2437 - 374 - LRB103 26700 AMC 53063 b
Discharge/Linkage/Aftercare.
(7) 59 Ill. Adm. Admin. Code 131, Children's
Mental Health Screening, Assessment and Supportive
Services Program.
(8) 59 Ill. Adm. Admin. Code 132, Medicaid
Community Mental Health Services Program.
(9) (Blank). 59 Ill. Admin. Code 135, Individual
Care Grants for Mentally Ill Children.
(10) 89 Ill. Adm. Admin. Code 140, Medical
Payment.
(11) 89 Ill. Adm. Admin. Code 140.642, Screening
Assessment for Nursing Facility and Alternative
Residential Settings and Services.
(12) 89 Ill. Adm. Admin. Code 507, Audit
Requirements of Illinois Department of Human Services.
(13) 89 Ill. Adm. Admin. Code 509,
Fiscal/Administrative Recordkeeping and Requirements.
(14) 89 Ill. Adm. Admin. Code 511, Grants and
Grant Funds Recovery.
(15) 77 Ill. Adm. Admin. Code, Parts 2030, 2060,
and 2090.
(16) Title 77 Illinois Administrative Code:
(a) Part 630: Maternal and Child Health
Services Code.
(b) Part 635: Family Planning Services Code.
(c) Part 672: WIC Vendor Management Code.

SB2437 - 375 - LRB103 26700 AMC 53063 b
(d) Part 2030: Award and Monitoring of Funds.
(e) Part 2200: School Based/Linked Health
Centers.
(17) Title 89 Illinois Administrative Code:
(a) Section Part 130.200: Administration of
Social Service Programs, Domestic Violence Shelter
and Service Programs.
(b) Part 310: Delivery of Youth Services
Funded by the Department of Human Services.
(c) Part 313: Community Services.
(d) Part 334: Administration and Funding of
Community-Based Services to Youth.
(e) Part 500: Early Intervention Program.
(f) Part 501: Partner Abuse Intervention.
(g) Part 507: Audit Requirements of DHS.
(h) Part 509: Fiscal/Administrative
Recordkeeping and Requirements.
(i) Part 511: Grants and Grant Funds Recovery.
(18) State statutes:
(a) The Mental Health and Developmental
Disabilities Code.
(b) The Community Services Act.
(c) The Mental Health and Developmental
Disabilities Confidentiality Act.
(d) The Substance Use Disorder Act.
(e) The Early Intervention Services System

SB2437 - 376 - LRB103 26700 AMC 53063 b
Act.
(f) The Children and Family Services Act.
(g) The Illinois Commission on Volunteerism
and Community Services Act.
(h) The Department of Human Services Act.
(i) The Domestic Violence Shelters Act.
(j) The Illinois Youthbuild Act.
(k) The Civil Administrative Code of Illinois.
(l) The Illinois Grant Funds Recovery Act.
(m) The Child Care Act of 1969.
(n) The Solicitation for Charity Act.
(o) Sections 9-1, 12-4.5 through 12-4.7, and
12-13 of the The Illinois Public Aid Code (305
ILCS 5/9-1, 12-4.5 through 12-4.7, and 12-13).
(p) The Abused and Neglected Child Reporting
Act.
(q) The Charitable Trust Act.
(r) The Illinois Alcoholism and Other Drug
Dependency Act.
(C) The Provider shall be in compliance with all
applicable requirements for services and service reporting
as specified in the following Department manuals or
handbooks:
(1) DHS/DMH Provider Manual.
(2) DHS Mental Health CSA Program Manual.
(3) DHS/DMH PAS/MH Manual.

SB2437 - 377 - LRB103 26700 AMC 53063 b
(4) Community Forensic Services Handbook.
(5) Community Mental Health Service Definitions
and Reimbursement Guide.
(6) DHS/DMH Collaborative Provider Manual.
(7) Handbook for Providers of Screening Assessment
and Support Services, Chapter CMH-200 Policy and
Procedures For Screening, Assessment and Support
Services.
(8) DHS Division of Substance Use Prevention and
Recovery:
(a) Contractual Policy Manual.
(b) Medicaid Handbook.
(c) DARTS Manual.
(9) Division of Substance Use Prevention and
Recovery Best Practice Program Guidelines for Specific
Populations.
(10) Division of Substance Use Prevention and
Recovery Contract Program Manual.
"Community behavioral healthcare services" means any of
the following:
(i) Behavioral health services, including, but not
limited to, prevention, intervention, or treatment care
services and support for eligible persons provided by a
vendor of the Department.
(ii) Referrals to providers of medical services and
other health-related services, including substance abuse

SB2437 - 378 - LRB103 26700 AMC 53063 b
and mental health services.
(iii) Patient case management services, including
counseling, referral, and follow-up services, and other
services designed to assist community behavioral health
center patients in establishing eligibility for and
gaining access to federal, State, and local programs that
provide or financially support the provision of medical,
social, educational, or other related services.
(iv) Services that enable individuals to use the
services of the behavioral health center including
outreach and transportation services and, if a substantial
number of the individuals in the population are of limited
English-speaking ability, the services of appropriate
personnel fluent in the language spoken by a predominant
number of those individuals.
(v) Education of patients and the general population
served by the community behavioral health center regarding
the availability and proper use of behavioral health
services.
(vi) Additional behavioral healthcare services
consisting of services that are appropriate to meet the
health needs of the population served by the behavioral
health center involved and that may include housing
assistance.
"Department" means the Department of Human Services.
"Uninsured population" means persons who do not own

SB2437 - 379 - LRB103 26700 AMC 53063 b
private healthcare insurance, are not part of a group
insurance plan, and are not eligible for any State or federal
government-sponsored healthcare program.
(Source: P.A. 100-759, eff. 1-1-19; revised 2-28-22.)
Section 170. The Downstate Public Transportation Act is
amended by changing Section 2-7 as follows:
(30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
Sec. 2-7. Quarterly reports; annual audit.
(a) Any Metro-East Transit District participant shall, no
later than 60 days following the end of each quarter of any
fiscal year, file with the Department on forms provided by the
Department for that purpose, a report of the actual operating
deficit experienced during that quarter. The Department shall,
upon receipt of the quarterly report, determine whether the
operating deficits were incurred in conformity with the
program of proposed expenditures and services approved by the
Department pursuant to Section 2-11. Any Metro-East District
may either monthly or quarterly for any fiscal year file a
request for the participant's eligible share, as allocated in
accordance with Section 2-6, of the amounts transferred into
the Metro-East Public Transportation Fund.
(b) Each participant other than any Metro-East Transit
District participant shall, 30 days before the end of each
quarter, file with the Department on forms provided by the

SB2437 - 380 - LRB103 26700 AMC 53063 b
Department for such purposes a report of the projected
eligible operating expenses to be incurred in the next quarter
and 30 days before the third and fourth quarters of any fiscal
year a statement of actual eligible operating expenses
incurred in the preceding quarters. Except as otherwise
provided in subsection (b-5), within 45 days of receipt by the
Department of such quarterly report, the Comptroller shall
order paid and the Treasurer shall pay from the Downstate
Public Transportation Fund to each participant an amount equal
to one-third of such participant's eligible operating
expenses; provided, however, that in Fiscal Year 1997, the
amount paid to each participant from the Downstate Public
Transportation Fund shall be an amount equal to 47% of such
participant's eligible operating expenses and shall be
increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999,
53% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007,
and 65% in Fiscal Year 2008 and thereafter; however, in any
year that a participant receives funding under subsection (i)
of Section 2705-305 of the Department of Transportation Law
(20 ILCS 2705/2705-305), that participant shall be eligible
only for assistance equal to the following percentage of its
eligible operating expenses: 42% in Fiscal Year 1997, 44% in
Fiscal Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year
2000, and 50% in Fiscal Year 2001 and thereafter. Any such
payment for the third and fourth quarters of any fiscal year
shall be adjusted to reflect actual eligible operating

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expenses for preceding quarters of such fiscal year. However,
no participant shall receive an amount less than that which
was received in the immediate prior year, provided in the
event of a shortfall in the fund those participants receiving
less than their full allocation pursuant to Section 2-6 of
this Article shall be the first participants to receive an
amount not less than that received in the immediate prior
year.
(b-5) (Blank.).
(b-10) On July 1, 2008, each participant shall receive an
appropriation in an amount equal to 65% of its fiscal year 2008
eligible operating expenses adjusted by the annual 10%
increase required by Section 2-2.04 of this Act. In no case
shall any participant receive an appropriation that is less
than its fiscal year 2008 appropriation. Every fiscal year
thereafter, each participant's appropriation shall increase by
10% over the appropriation established for the preceding
fiscal year as required by Section 2-2.04 of this Act.
(b-15) Beginning on July 1, 2007, and for each fiscal year
thereafter, each participant shall maintain a minimum local
share contribution (from farebox and all other local revenues)
equal to the actual amount provided in Fiscal Year 2006 or, for
new recipients, an amount equivalent to the local share
provided in the first year of participation. The local share
contribution shall be reduced by an amount equal to the total
amount of lost revenue for services provided under Section

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2-15.2 and Section 2-15.3 of this Act.
(b-20) Any participant in the Downstate Public
Transportation Fund may use State operating assistance funding
pursuant to this Section to provide transportation services
within any county that is contiguous to its territorial
boundaries as defined by the Department and subject to
Departmental approval. Any such contiguous-area service
provided by a participant after July 1, 2007 must meet the
requirements of subsection (a) of Section 2-5.1.
(c) No later than 180 days following the last day of the
participant's Fiscal Year each participant shall provide the
Department with an audit prepared by a Certified Public
Accountant covering that Fiscal Year. For those participants
other than a Metro-East Transit District, any discrepancy
between the funds paid and the percentage of the eligible
operating expenses provided for by paragraph (b) of this
Section shall be reconciled by appropriate payment or credit.
In the case of any Metro-East Transit District, any amount of
payments from the Metro-East Public Transportation Fund which
exceed the eligible deficit of the participant shall be
reconciled by appropriate payment or credit.
(d) Upon the Department's final reconciliation
determination that identifies a discrepancy between the
Downstate Operating Assistance Program funds paid and the
percentage of the eligible operating expenses which results in
a reimbursement payment due to the Department, the participant

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shall remit the reimbursement payment to the Department no
later than 90 days after written notification.
(e) Funds received by the Department from participants for
reimbursement as a result of an overpayment over payment from
a prior State fiscal year shall be deposited into the
Downstate Public Transportation Fund in the fiscal year in
which they are received and all unspent funds shall roll to
following fiscal years.
(f) Upon the Department's final reconciliation
determination that identifies a discrepancy between the
Downstate Operating Assistance Program funds paid and the
percentage of the eligible operating expenses which results in
a reimbursement payment due to the participant, the Department
shall remit the reimbursement payment to the participant no
later than 90 days after written notifications.
(Source: P.A. 102-626, eff. 8-27-21; 102-790, eff. 1-1-23;
revised 12-9-22.)
Section 175. The State Mandates Act is amended by changing
Sections 8.45 as follows:
(30 ILCS 805/8.45)
(Text of Section before amendment by P.A. 102-466)
Sec. 8.45. Exempt mandate. 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

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102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125,
102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-540,
102-552, or 102-636, or 102-822.
(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21;
102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22;
102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff.
7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265,
eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21;
102-540, eff. 8-20-21; 102-552, eff. 1-1-22; 102-636, eff.
8-27-21; 102-813, eff. 5-13-22; 102-822, eff. 5-13-22; revised
7-26-22.)
(Text of Section after amendment by P.A. 102-466)
Sec. 8.45. Exempt mandate. 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
102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125,
102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-466,
102-540, 102-552, or 102-636, or 102-822.
(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21;
102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22;
102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff.
7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265,
eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21;
102-466, eff. 7-1-25; 102-540, eff. 8-20-21; 102-552, eff.
1-1-22; 102-636, eff. 8-27-21; 102-813, eff. 5-13-22; 102-822,

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eff. 5-13-22; revised 7-26-22.)
Section 180. The Illinois Income Tax Act is amended by
changing Sections 212.1, 901, and 917 and by setting forth and
renumbering multiple versions of Section 232 as follows:
(35 ILCS 5/212.1)
(Section scheduled to be repealed on April 19, 2023)
Sec. 212.1. Individual income tax rebates.
(a) Each taxpayer who files an individual income tax
return under this Act, on or before October 17, 2022, for the
taxable year that began on January 1, 2021 and whose adjusted
gross income for the taxable year is less than (i) $400,000, in
the case of spouses filing a joint federal tax return, or (ii)
$200,000, in the case of all other taxpayers, is entitled to a
one-time rebate under this Section. The amount of the rebate
shall be $50 for single filers and $100 for spouses filing a
joint return, plus an additional $100 for each person who is
claimed as a dependent, up to 3 dependents, on the taxpayer's
federal income tax return for the taxable year that began on
January 1, 2021. A taxpayer who files an individual income tax
return under this Act for the taxable year that began on
January 1, 2021, and who is claimed as a dependent on another
individual's return for that year, is ineligible for the
rebate provided under this Section. Spouses who qualify for a
rebate under this Section and who file a joint return shall be

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treated as a single taxpayer for the purposes of the rebate
under this Section. For a part-year resident, the amount of
the rebate under this Section shall be in proportion to the
amount of the taxpayer's income that is attributable to this
State for the taxable year that began on January 1, 2021.
Taxpayers who were non-residents for the taxable year that
began on January 1, 2021 are not entitled to a rebate under
this Section.
(b) Beginning on July 5, 2022, the Department shall
certify to the Comptroller the names of the taxpayers who are
eligible for a one-time rebate under this Section, the amounts
of those rebates, and any other information that the
Comptroller requires to direct the payment of the rebates
provided under this Section to taxpayers.
(c) If a taxpayer files an amended return indicating that
the taxpayer is entitled to a rebate under this Section that
the taxpayer did not receive, or indicating that the taxpayer
did not receive the full rebate amount to which the taxpayer is
entitled, then the rebate shall be processed in the same
manner as a claim for refund under Article 9. If the taxpayer
files an amended return indicating that the taxpayer received
a rebate under this Section to which the taxpayer is not
entitled, then the Department shall issue a notice of
deficiency as provided in Article 9.
(d) The Department shall make the rebate payments
authorized by this Section from the Income Tax Refund Fund.

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(e) The amount of a rebate under this Section shall not be
included in the taxpayer's income or resources for the
purposes of determining eligibility or benefit level in any
means-tested benefit program administered by a governmental
entity unless required by federal law.
(f) Nothing in this Section prevents a taxpayer from
receiving the earned income tax credit and the rebate under
this Section for the same taxable year.
(g) Notwithstanding any other law to the contrary, the
rebates shall not be subject to offset by the Comptroller
against any liability owed either to the State or to any unit
of local government.
(h) The Department shall adopt rules for the
implementation of this Section, including emergency rules
under Section 5-45.28 5-45.21 of the Illinois Administrative
Procedure Act.
(i) This Section is repealed on April 19, 2023 (one year
after the effective date of Public Act 102-700) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-700, eff. 4-19-22; revised 7-26-22.)
(35 ILCS 5/232)
Sec. 232. Tax credit for agritourism liability insurance.
(a) For taxable years beginning on or after January 1,
2022 and ending on or before December 31, 2023, any individual
or entity that operates an agritourism operation in the State

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during the taxable year shall be entitled to a tax credit
against the tax imposed by subsections (a) and (b) of Section
201 equal to the lesser of 100% of the liability insurance
premiums paid by that individual or entity during the taxable
year or $1,000. To claim the credit, the taxpayer must apply to
the Department of Agriculture for a certificate of credit in
the form and manner required by the Department of Agriculture
by rule. If granted, the taxpayer shall attach a copy of the
certificate of credit to his or her Illinois income tax return
for the taxable year. The total amount of credits that may be
awarded by the Department of Agriculture may not exceed
$1,000,000 in any calendar year.
(b) For the purposes of this Section:
"Agricultural property" means property that is used in
whole or in part for production agriculture, as defined in
Section 3-35 of the Use Tax Act, or used in connection with one
or more of the following:
(1) the growing and harvesting of crops;
(2) the feeding, breeding, and management of
livestock;
(3) dairying or any other agricultural or
horticultural use or combination of those uses, including,
but not limited to, the harvesting of hay, grain, fruit,
or truck or vegetable crops, or floriculture, mushroom
growing, plant or tree nurseries, orchards, forestry, sod
farming, or greenhouses; or

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(4) the keeping, raising, and feeding of livestock or
poultry, including dairying, poultry, swine, sheep, beef
cattle, ponies or horses, fur farming, bees, fish and
wildlife farming.
"Agritourism activities" includes, but is not limited to,
the following:
(1) historic, cultural, and on-site educational
programs;
(2) guided and self-guided tours, including school
tours;
(3) animal exhibitions or petting zoos;
(4) agricultural crop mazes, such as corn or flower
mazes;
(5) harvest-your-own or U-pick operations;
(6) horseback or pony rides; and
(7) hayrides or sleigh rides.
"Agritourism activities" does not include the following
activities:
(1) hunting;
(2) fishing;
(3) amusement rides;
(4) rodeos;
(5) off-road biking or motorized off-highway or
all-terrain vehicle activities;
(6) boating, swimming, canoeing, hiking, camping,
skiing, bounce houses, or similar activities; or

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(7) entertainment venues such as weddings or concerts.
"Agritourism operation" means an individual or entity that
carries out agricultural activities on agricultural property
and allows members of the general public, for recreational,
entertainment, or educational purposes, to view or enjoy those
activities.
(c) If the taxpayer is a partnership or Subchapter S
corporation, the credit shall be allowed to the 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.
(d) In no event shall a credit under this Section reduce
the taxpayer's liability to less than zero. If the amount of
the credit exceeds the tax liability for the year, the excess
may be carried forward and applied to the tax liability of the
5 taxable years following the excess credit year. The tax
credit shall be applied to the earliest year for which there is
a tax liability. If there are credits for more than one year
that are available to offset a liability, the earlier credit
shall be applied first.
(Source: P.A. 102-700, eff. 4-19-22.)
(35 ILCS 5/233)
Sec. 233 232. Recovery and Mental Health Tax Credit Act.
For taxable years beginning on or after January 1, 2023, a
taxpayer who has been awarded a credit under the Recovery and

SB2437 - 391 - LRB103 26700 AMC 53063 b
Mental Health Tax Credit Act is entitled to a credit against
the tax imposed by subsections (a) and (b) of Section 201 as
provided in that Act. This Section is exempt from the
provisions of Section 250.
(Source: P.A. 102-1053, eff. 6-10-22; revised 8-3-22.)
(35 ILCS 5/901)
Sec. 901. Collection authority.
(a) In general. The Department shall collect the taxes
imposed by this Act. The Department shall collect certified
past due child support amounts under Section 2505-650 of the
Department of Revenue Law of the Civil Administrative Code of
Illinois. Except as provided in subsections (b), (c), (e),
(f), (g), and (h) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury;
money collected pursuant to subsections (c) and (d) of Section
201 of this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law of the Civil Administrative Code of Illinois shall
be paid into the Child Support Enforcement Trust Fund, a
special fund outside the State Treasury, or to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code, as directed by the Department of
Healthcare and Family Services.

SB2437 - 392 - LRB103 26700 AMC 53063 b
(b) Local Government Distributive Fund. Beginning August
1, 2017 and continuing through July 31, 2022, the Treasurer
shall transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to the sum
of: (i) 6.06% (10% of the ratio of the 3% individual income tax
rate prior to 2011 to the 4.95% individual income tax rate
after July 1, 2017) of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
upon individuals, trusts, and estates during the preceding
month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
income tax rate prior to 2011 to the 7% corporate income tax
rate after July 1, 2017) of the net revenue realized from the
tax imposed by subsections (a) and (b) of Section 201 of this
Act upon corporations during the preceding month; and (iii)
beginning February 1, 2022, 6.06% of the net revenue realized
from the tax imposed by subsection (p) of Section 201 of this
Act upon electing pass-through entities. Beginning August 1,
2022, the Treasurer shall transfer each month from the General
Revenue Fund to the Local Government Distributive Fund an
amount equal to the sum of: (i) 6.16% of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon individuals, trusts, and estates
during the preceding month; (ii) 6.85% of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month; and (iii) 6.16% of the net revenue realized from the tax

SB2437 - 393 - LRB103 26700 AMC 53063 b
imposed by subsection (p) of Section 201 of this Act upon
electing pass-through entities. Net revenue realized for a
month shall be defined as the revenue from the tax imposed by
subsections (a) and (b) of Section 201 of this Act which is
deposited in the General Revenue Fund, the Education
Assistance Fund, the Income Tax Surcharge Local Government
Distributive Fund, the Fund for the Advancement of Education,
and the Commitment to Human Services Fund during the month
minus the amount paid out of the General Revenue Fund in State
warrants during that same month as refunds to taxpayers for
overpayment of liability under the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b) to
be transferred by the Treasurer into the Local Government
Distributive Fund from the General Revenue Fund shall be
directly deposited into the Local Government Distributive Fund
as the revenue is realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act into a fund in the State
treasury known as the Income Tax Refund Fund. Beginning

SB2437 - 394 - LRB103 26700 AMC 53063 b
with State fiscal year 1990 and for each fiscal year
thereafter, the percentage deposited into the Income Tax
Refund Fund during a fiscal year shall be the Annual
Percentage. For fiscal year 2011, the Annual Percentage
shall be 8.75%. For fiscal year 2012, the Annual
Percentage shall be 8.75%. For fiscal year 2013, the
Annual Percentage shall be 9.75%. For fiscal year 2014,
the Annual Percentage shall be 9.5%. For fiscal year 2015,
the Annual Percentage shall be 10%. For fiscal year 2018,
the Annual Percentage shall be 9.8%. For fiscal year 2019,
the Annual Percentage shall be 9.7%. For fiscal year 2020,
the Annual Percentage shall be 9.5%. For fiscal year 2021,
the Annual Percentage shall be 9%. For fiscal year 2022,
the Annual Percentage shall be 9.25%. For fiscal year
2023, the Annual Percentage shall be 9.25%. For all other
fiscal years, the Annual Percentage shall be calculated as
a fraction, the numerator of which shall be the amount of
refunds approved for payment by the Department during the
preceding fiscal year as a result of overpayment of tax
liability under subsections (a) and (b)(1), (2), and (3)
of Section 201 of this Act plus the amount of such refunds
remaining approved but unpaid at the end of the preceding
fiscal year, minus the amounts transferred into the Income
Tax Refund Fund from the Tobacco Settlement Recovery Fund,
and the denominator of which shall be the amounts which
will be collected pursuant to subsections (a) and (b)(1),

SB2437 - 395 - LRB103 26700 AMC 53063 b
(2), and (3) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 7.6%.
The Director of Revenue shall certify the Annual
Percentage to the Comptroller on the last business day of
the fiscal year immediately preceding the fiscal year for
which it is to be effective.
(2) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act into a fund in
the State treasury known as the Income Tax Refund Fund.
Beginning with State fiscal year 1990 and for each fiscal
year thereafter, the percentage deposited into the Income
Tax Refund Fund during a fiscal year shall be the Annual
Percentage. For fiscal year 2011, the Annual Percentage
shall be 17.5%. For fiscal year 2012, the Annual
Percentage shall be 17.5%. For fiscal year 2013, the
Annual Percentage shall be 14%. For fiscal year 2014, the
Annual Percentage shall be 13.4%. For fiscal year 2015,
the Annual Percentage shall be 14%. For fiscal year 2018,
the Annual Percentage shall be 17.5%. For fiscal year
2019, the Annual Percentage shall be 15.5%. For fiscal
year 2020, the Annual Percentage shall be 14.25%. For
fiscal year 2021, the Annual Percentage shall be 14%. For
fiscal year 2022, the Annual Percentage shall be 15%. For

SB2437 - 396 - LRB103 26700 AMC 53063 b
fiscal year 2023, the Annual Percentage shall be 14.5%.
For all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result of
overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved but
unpaid at the end of the preceding fiscal year, and the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 23%.
The Director of Revenue shall certify the Annual
Percentage to the Comptroller on the last business day of
the fiscal year immediately preceding the fiscal year for
which it is to be effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i)
$35,000,000 in January, 2001, (ii) $35,000,000 in January,
2002, and (iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income Tax
Refund Fund shall be expended exclusively for the purpose

SB2437 - 397 - LRB103 26700 AMC 53063 b
of paying refunds resulting from overpayment of tax
liability under Section 201 of this Act and for making
transfers pursuant to this subsection (d), except that in
State fiscal years 2022 and 2023, moneys in the Income Tax
Refund Fund shall also be used to pay one-time rebate
payments as provided under Sections 208.5 and 212.1.
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to the
extent that amounts collected pursuant to Section 201 of
this Act and transfers pursuant to this subsection (d) and
item (3) of subsection (c) have been deposited and
retained in the Fund.
(3) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each fiscal

SB2437 - 398 - LRB103 26700 AMC 53063 b
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Personal Property Tax Replacement Fund to the Income Tax
Refund Fund an amount, certified by the Director to the
Comptroller, equal to the excess of the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal year
1999 and of each fiscal year thereafter, the Director
shall order transferred and the State Treasurer and State
Comptroller shall transfer from the Income Tax Refund Fund
to the General Revenue Fund any surplus remaining in the
Income Tax Refund Fund as of the end of such fiscal year;
excluding for fiscal years 2000, 2001, and 2002 amounts
attributable to transfers under item (3) of subsection (c)
less refunds resulting from the earned income tax credit,
and excluding for fiscal year 2022 amounts attributable to
transfers from the General Revenue Fund authorized by
Public Act 102-700 this amendatory Act of the 102nd
General Assembly.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund

SB2437 - 399 - LRB103 26700 AMC 53063 b
for the purposes of (i) paying refunds upon the order of
the Director in accordance with the provisions of this
Section and (ii) paying one-time rebate payments under
Sections 208.5 and 212.1.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund. On
July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge

SB2437 - 400 - LRB103 26700 AMC 53063 b
Local Government Distributive Fund in the State Treasury.
(f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall
deposit the following portions of the revenue realized from
the tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, into the Fund for the
Advancement of Education:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the
reduction.
(g) Deposits into the Commitment to Human Services Fund.
Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax
imposed upon individuals, trusts, and estates by subsections
(a) and (b) of Section 201 of this Act, minus deposits into the
Income Tax Refund Fund, into the Commitment to Human Services
Fund:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.

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If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the
reduction.
(h) Deposits into the Tax Compliance and Administration
Fund. 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 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, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year
by the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 101-8, see Section 99 for effective date;
101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22;
102-813, eff. 5-13-22; revised 8-2-22.)
(35 ILCS 5/917) (from Ch. 120, par. 9-917)
Sec. 917. Confidentiality and information sharing.
(a) Confidentiality. Except as provided in this Section,

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all information received by the Department from returns filed
under this Act, or from any investigation conducted under the
provisions of this Act, shall be confidential, except for
official purposes within the Department or pursuant to
official procedures for collection of any State tax or
pursuant to an investigation or audit by the Illinois State
Scholarship Commission of a delinquent student loan or
monetary award or enforcement of any civil or criminal penalty
or sanction imposed by this Act or by another statute imposing
a State tax, and any person who divulges any such information
in any manner, except for such purposes and pursuant to order
of the Director or in accordance with a proper judicial order,
shall be guilty of a Class A misdemeanor. However, the
provisions of this paragraph are not applicable to information
furnished to (i) the Department of Healthcare and Family
Services (formerly Department of Public Aid), State's
Attorneys, and the Attorney General for child support
enforcement purposes and (ii) a licensed attorney representing
the taxpayer where an appeal or a protest has been filed on
behalf of the taxpayer. If it is necessary to file information
obtained pursuant to this Act in a child support enforcement
proceeding, the information shall be filed under seal. The
furnishing upon request of the Auditor General, or his or her
authorized agents, for official use of returns filed and
information related thereto under this Act is deemed to be an
official purpose within the Department within the meaning of

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this Section.
(b) Public information. Nothing contained in this Act
shall prevent the Director from publishing or making available
to the public the names and addresses of persons filing
returns under this Act, or from publishing or making available
reasonable statistics concerning the operation of the tax
wherein the contents of returns are grouped into aggregates in
such a way that the information contained in any individual
return shall not be disclosed.
(c) Governmental agencies. The Director may make available
to the Secretary of the Treasury of the United States or his
delegate, or the proper officer or his delegate of any other
state imposing a tax upon or measured by income, for
exclusively official purposes, information received by the
Department in the administration of this Act, but such
permission shall be granted only if the United States or such
other state, as the case may be, grants the Department
substantially similar privileges. The Director may exchange
information with the Department of Healthcare and Family
Services and the Department of Human Services (acting as
successor to the Department of Public Aid under the Department
of Human Services Act) for the purpose of verifying sources
and amounts of income and for other purposes directly
connected with the administration of this Act, the Illinois
Public Aid Code, and any other health benefit program
administered by the State. The Director may exchange

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information with the Director of the Department of Employment
Security for the purpose of verifying sources and amounts of
income and for other purposes directly connected with the
administration of this Act and Acts administered by the
Department of Employment Security. The Director may make
available to the Illinois Workers' Compensation Commission
information regarding employers for the purpose of verifying
the insurance coverage required under the Workers'
Compensation Act and Workers' Occupational Diseases Act. The
Director may exchange information with the Illinois Department
on Aging for the purpose of verifying sources and amounts of
income for purposes directly related to confirming eligibility
for participation in the programs of benefits authorized by
the Senior Citizens and Persons with Disabilities Property Tax
Relief and Pharmaceutical Assistance Act. The Director may
exchange information with the State Treasurer's Office and the
Department of Employment Security for the purpose of
implementing, administering, and enforcing the Illinois Secure
Choice Savings Program Act. The Director may exchange
information with the State Treasurer's Office for the purpose
of administering the Revised Uniform Unclaimed Property Act or
successor Acts. The Director may make information available to
the Secretary of State for the purpose of administering
Section 5-901 of the Illinois Vehicle Code. The Director may
exchange information with the State Treasurer's Office for the
purpose of administering the Illinois Higher Education Savings

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Program established under Section 16.8 of the State Treasurer
Act. The Director may make individual income tax information
available to the State health benefits exchange, as defined in
Section 513, if the disclosure is authorized by the taxpayer
pursuant to Section 513.
The Director may make available to any State agency,
including the Illinois Supreme Court, which licenses persons
to engage in any occupation, information that a person
licensed by such agency has failed to file returns under this
Act or pay the tax, penalty and interest shown therein, or has
failed to pay any final assessment of tax, penalty or interest
due under this Act. The Director may make available to any
State agency, including the Illinois Supreme Court,
information regarding whether a bidder, contractor, or an
affiliate of a bidder or contractor has failed to file returns
under this Act or pay the tax, penalty, and interest shown
therein, or has failed to pay any final assessment of tax,
penalty, or interest due under this Act, for the limited
purpose of enforcing bidder and contractor certifications. For
purposes of this Section, 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 (a), an entity controls another entity if it owns,
directly or individually, more than 10% of the voting

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securities of that entity. As used in this subsection (a), 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.
The Director may make available to any State agency,
including the Illinois Supreme Court, units of local
government, and school districts, information regarding
whether a bidder or contractor is an affiliate of a person who
is not collecting and remitting Illinois Use taxes, for the
limited purpose of enforcing bidder and contractor
certifications.
The Director may also make available to the Secretary of
State information that a corporation which has been issued a
certificate of incorporation by the Secretary of State has
failed to file returns under this Act or pay the tax, penalty
and interest shown therein, or has failed to pay any final
assessment of tax, penalty or interest due under this Act. An
assessment is final when all proceedings in court for review
of such assessment have terminated or the time for the taking
thereof has expired without such proceedings being instituted.
For taxable years ending on or after December 31, 1987, the
Director may make available to the Director or principal
officer of any Department of the State of Illinois,

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information that a person employed by such Department has
failed to file returns under this Act or pay the tax, penalty
and interest shown therein. For purposes of this paragraph,
the word "Department" shall have the same meaning as provided
in Section 3 of the State Employees Group Insurance Act of
1971.
(d) The Director shall make available for public
inspection in the Department's principal office and for
publication, at cost, administrative decisions issued on or
after January 1, 1995. These decisions are to be made
available in a manner so that the following taxpayer
information is not disclosed:
(1) The names, addresses, and identification numbers
of the taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade
secrets or other confidential information identified as
such by the taxpayer, no later than 30 days after receipt
of an administrative decision, by such means as the
Department shall provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer
does not submit deletions, the Director shall make only the
deletions specified in paragraph (1).
The Director shall make available for public inspection
and publication an administrative decision within 180 days
after the issuance of the administrative decision. The term

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"administrative decision" has the same meaning as defined in
Section 3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax
Compliance and Administration Fund.
(e) Nothing contained in this Act shall prevent the
Director from divulging information to any person pursuant to
a request or authorization made by the taxpayer, by an
authorized representative of the taxpayer, or, in the case of
information related to a joint return, by the spouse filing
the joint return with the taxpayer.
(Source: P.A. 102-61, eff. 7-9-21; 102-129, eff. 7-23-21;
102-799, eff. 5-13-22; 102-813, eff. 5-13-22; 102-941, eff.
7-1-22; revised 8-3-22.)
Section 185. The Historic Preservation Tax Credit Act is
amended by changing Section 5 as follows:
(35 ILCS 31/5)
Sec. 5. Definitions. As used in this Act, unless the
context clearly indicates otherwise:
"Director" means the Director of Natural Resources or his
or her designee.
"Division" means the State Historic Preservation Office
within the Department of Natural Resources.
"Placed in service" means the date when the property is
placed in a condition or state of readiness and availability

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for a specifically assigned function as defined under Section
47 of the federal Internal Revenue Code and federal Treasury
Regulation Sections 1.46 and 1.48.
"Qualified expenditures" means all the costs and expenses
defined as qualified rehabilitation expenditures under Section
47 of the federal Internal Revenue Code that were incurred in
connection with a qualified rehabilitation plan.
"Qualified historic structure" means any structure that is
located in Illinois and is defined as a certified historic
structure under Section 47(c)(3) of the federal Internal
Revenue Code.
"Qualified rehabilitation plan" means a project that is
approved by the Department of Natural Resources and the
National Park Service as being consistent with the United
States Secretary of the Interior's Standards for
Rehabilitation.
"Qualified taxpayer" means the owner of the structure or
any other person or entity that who may qualify for the federal
rehabilitation credit allowed by Section 47 of the federal
Internal Revenue Code.
"Recapture event" means any of the following events
occurring during the recapture period:
(1) failure to place in service the rehabilitated
portions of the qualified historic structure, or failure
to maintain the rehabilitated portions of the qualified
historic structure in service after they are placed in

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service; provided that a recapture event under this
paragraph (1) shall not include a removal from service for
a reasonable period of time to conduct maintenance and
repairs that are reasonably necessary to protect the
health and safety of the public or to protect the
structural integrity of the qualified historic structure
or a neighboring structure;
(2) demolition or other alteration of the qualified
historic structure in a manner that is inconsistent with
the qualified rehabilitation plan or the Secretary of the
Interior's Standards for Rehabilitation;
(3) disposition of the rehabilitated qualified
historic structure in whole or a proportional disposition
of a partnership interest therein, except as otherwise
permitted by this Section; or
(4) use of the qualified historic structure in a
manner that is inconsistent with the qualified
rehabilitation plan or that is otherwise inconsistent with
the provisions and intent of this Section.
A recapture event occurring in one taxable year shall be
deemed continuing to subsequent taxable years unless and until
corrected.
The following dispositions of a qualified historic
structure shall not be deemed to be a recapture event for
purposes of this Section:
(1) a transfer by reason of death;

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(2) a transfer between spouses incident to divorce;
(3) a sale by and leaseback to an entity that, when the
rehabilitated portions of the qualified historic structure
are placed in service, will be a lessee of the qualified
historic structure, but only for so long as the entity
continues to be a lessee; and
(4) a mere change in the form of conducting the trade
or business by the owner (or, if applicable, the lessee)
of the qualified historic structure, so long as the
property interest in such qualified historic structure is
retained in such trade or business and the owner or lessee
retains a substantial interest in such trade or business.
"Recapture period" means the 5-year period beginning on
the date that the qualified historic structure or
rehabilitated portions of the qualified historic structure are
placed in service.
(Source: P.A. 102-741, eff. 5-6-22; revised 9-8-22.)
Section 190. The Invest in Kids Act is amended by changing
Section 40 as follows:
(35 ILCS 40/40)
(Section scheduled to be repealed on January 1, 2025)
Sec. 40. Scholarship granting organization
responsibilities.
(a) Before granting a scholarship for an academic year,

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all scholarship granting organizations shall assess and
document each student's eligibility for the academic year.
(b) A scholarship granting organization shall grant
scholarships only to eligible students.
(c) A scholarship granting organization shall allow an
eligible student to attend any qualified school of the
student's choosing, subject to the availability of funds.
(d) In granting scholarships, beginning in the 2022-2023
school year and for each school year thereafter, a scholarship
granting organization shall give priority to eligible students
who received a scholarship from a scholarship granting
organization during the previous school year. Second priority
shall be given to the following priority groups:
(1) (blank);
(2) eligible students who are members of a household
whose previous year's total annual income does not exceed
185% of the federal poverty level;
(3) eligible students who reside within a focus
district; and
(4) eligible students who are siblings of students
currently receiving a scholarship.
(d-5) A scholarship granting organization shall begin
granting scholarships no later than February 1 preceding the
school year for which the scholarship is sought. Each priority
group identified in subsection (d) of this Section shall be
eligible to receive scholarships on a first-come, first-served

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basis until April 1 immediately preceding the school year for
which the scholarship is sought, starting with the first
priority group identified in subsection (d) of this Section.
Applications for scholarships for eligible students meeting
the qualifications of one or more priority groups that are
received before April 1 must be either approved or denied
within 10 business days after receipt. Beginning April 1, all
eligible students shall be eligible to receive scholarships
without regard to the priority groups identified in subsection
(d) of this Section.
(e) Except as provided in subsection (e-5) of this
Section, scholarships shall not exceed the lesser of (i) the
statewide average operational expense per student among public
schools or (ii) the necessary costs and fees for attendance at
the qualified school. A qualified school may set a lower
maximum scholarship amount for eligible students whose family
income falls within paragraphs (2) and (3) of this subsection
(e); that amount may not exceed the necessary costs and fees
for attendance at the qualified school and is subject to the
limitations on average scholarship amounts set forth in
paragraphs (2) and (3) of this subsection, as applicable. The
qualified school shall notify the scholarship granting
organization of its necessary costs and fees as well as any
maximum scholarship amount set by the school. Scholarships
shall be prorated as follows:
(1) for eligible students whose household income is

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less than 185% of the federal poverty level, the
scholarship shall be 100% of the amount determined
pursuant to this subsection (e) and subsection (e-5) of
this Section;
(2) for eligible students whose household income is
185% or more of the federal poverty level but less than
250% of the federal poverty level, the average of
scholarships shall be 75% of the amount determined
pursuant to this subsection (e) and subsection (e-5) of
this Section; and
(3) for eligible students whose household income is
250% or more of the federal poverty level, the average of
scholarships shall be 50% of the amount determined
pursuant to this subsection (e) and subsection (e-5) of
this Section.
(e-5) The statewide average operational expense per
student among public schools shall be multiplied by the
following factors:
(1) for students determined eligible to receive
services under the federal Individuals with Disabilities
Education Act, 2;
(2) for students who are English learners, as defined
in subsection (d) of Section 14C-2 of the School Code,
1.2; and
(3) for students who are gifted and talented children,
as defined in Section 14A-20 of the School Code, 1.1.

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(f) A scholarship granting organization shall distribute
scholarship payments to the participating school where the
student is enrolled.
(g) For the 2018-2019 school year through the 2022-2023
school year, each scholarship granting organization shall
expend no less than 75% of the qualified contributions
received during the calendar year in which the qualified
contributions were received. No more than 25% of the qualified
contributions may be carried forward to the following calendar
year.
(h) For the 2023-2024 school year, each scholarship
granting organization shall expend all qualified contributions
received during the calendar year in which the qualified
contributions were received. No qualified contributions may be
carried forward to the following calendar year.
(i) A scholarship granting organization shall allow an
eligible student to transfer a scholarship during a school
year to any other participating school of the custodian's
choice. Such scholarships shall be prorated.
(j) With the prior approval of the Department, a
scholarship granting organization may transfer funds to
another scholarship granting organization if additional funds
are required to meet scholarship demands at the receiving
scholarship granting organization. All transferred funds must
be deposited by the receiving scholarship granting
organization into its scholarship accounts. All transferred

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amounts received by any scholarship granting organization must
be separately disclosed to the Department.
(k) If the approval of a scholarship granting organization
is revoked as provided in Section 20 of this Act or the
scholarship granting organization is dissolved, all remaining
qualified contributions of the scholarship granting
organization shall be transferred to another scholarship
granting organization. All transferred funds must be deposited
by the receiving scholarship granting organization into its
scholarship accounts.
(l) Scholarship granting organizations shall make
reasonable efforts to advertise the availability of
scholarships to eligible students.
(Source: P.A. 102-699, eff. 4-19-22; 102-1059, eff. 6-10-22;
revised 8-3-22.)
Section 195. The Use Tax Act is amended by changing
Sections 3-5, 3-10, and 9 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

SB2437 - 417 - LRB103 26700 AMC 53063 b
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) 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

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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.

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(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

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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. 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.

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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

SB2437 - 422 - LRB103 26700 AMC 53063 b
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

SB2437 - 423 - LRB103 26700 AMC 53063 b
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

SB2437 - 424 - LRB103 26700 AMC 53063 b
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

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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

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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

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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,

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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.

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(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

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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

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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

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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, 2024, 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, but 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. This
exemption applies only to the use of qualifying tangible
personal property by persons who modify, refurbish, complete,

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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.
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) this amendatory Act of the 101st General Assembly.
(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

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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 agreement, as defined in the 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

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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

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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 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

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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

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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) (41) Tangible personal property sold by or on behalf
of the State Treasurer pursuant to the Revised Uniform
Unclaimed Property Act. This item (42) (41) is exempt from the
provisions of Section 3-90.
(Source: P.A. 101-9, eff. 6-5-19; 101-31, eff. 6-28-19;
101-81, eff. 7-12-19; 101-629, eff. 2-5-20; 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; revised 8-1-22.)
(35 ILCS 105/3-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
either the selling price or the fair market value, if any, of
the tangible personal property. In all cases where property
functionally used or consumed is the same as the property that

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was purchased at retail, then the tax is imposed on the selling
price of the property. In all cases where property
functionally used or consumed is a by-product or waste product
that has been refined, manufactured, or produced from property
purchased at retail, then the tax is imposed on the lower of
the fair market value, if any, of the specific property so used
in this State or on the selling price of the property purchased
at retail. For purposes of this Section "fair market value"
means the price at which property would change hands between a
willing buyer and a willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge
of the relevant facts. The fair market value shall be
established by Illinois sales by the taxpayer of the same
property as that functionally used or consumed, or if there
are no such sales by the taxpayer, then comparable sales or
purchases of property of like kind and character in Illinois.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
Beginning on August 6, 2010 through August 15, 2010, and
beginning again on August 5, 2022 through August 14, 2022,
with respect to sales tax holiday items as defined in Section
3-6 of this Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, the tax imposed by this Act
applies to (i) 70% of the proceeds of sales made on or after

SB2437 - 440 - LRB103 26700 AMC 53063 b
January 1, 1990, and before July 1, 2003, (ii) 80% of the
proceeds of sales made on or after July 1, 2003 and on or
before July 1, 2017, and (iii) 100% of the proceeds of sales
made thereafter. If, at any time, however, the tax under this
Act on sales of gasohol is imposed at the rate of 1.25%, then
the tax imposed by this Act applies to 100% of the proceeds of
sales of gasohol made during that time.
With respect to majority blended ethanol fuel, the tax
imposed by this Act does not apply to the proceeds of sales
made on or after July 1, 2003 and on or before December 31,
2023 but applies to 100% of the proceeds of sales made
thereafter.
With respect to biodiesel blends with no less than 1% and
no more than 10% biodiesel, the tax imposed by this Act applies
to (i) 80% of the proceeds of sales made on or after July 1,
2003 and on or before December 31, 2018 and (ii) 100% of the
proceeds of sales made after December 31, 2018 and before
January 1, 2024. On and after January 1, 2024 and on or before
December 31, 2030, the taxation of biodiesel, renewable
diesel, and biodiesel blends shall be as provided in Section
3-5.1. If, at any time, however, the tax under this Act on
sales of biodiesel blends with no less than 1% and no more than
10% biodiesel is imposed at the rate of 1.25%, then the tax
imposed by this Act applies to 100% of the proceeds of sales of
biodiesel blends with no less than 1% and no more than 10%
biodiesel made during that time.

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With respect to biodiesel and biodiesel blends with more
than 10% but no more than 99% biodiesel, the tax imposed by
this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2023. On and
after January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1.
Until July 1, 2022 and beginning again on July 1, 2023,
with respect to 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), the tax is imposed at the rate of 1%.
Beginning on July 1, 2022 and until July 1, 2023, with respect
to 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), the tax is imposed at the rate of 0%.
With respect to prescription and nonprescription
medicines, drugs, medical appliances, products classified as
Class III medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to
a prescription, as well as any accessories and components
related to those devices, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a

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disability, and insulin, blood sugar testing materials,
syringes, and needles used by human diabetics, the tax is
imposed at the rate of 1%. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including, but not limited to, soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but
"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" does do not include beverages that contain milk or
milk products, soy, rice or similar milk substitutes, or
greater than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning

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August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug

SB2437 - 444 - LRB103 26700 AMC 53063 b
as required by 21 CFR C.F.R. § 201.66. The
"over-the-counter-drug" label includes:
(A) a A "Drug Facts" panel; or
(B) a A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122) this amendatory Act of the 98th General Assembly,
"prescription and nonprescription medicines and drugs"
includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
If the property that is purchased at retail from a
retailer is acquired outside Illinois and used outside
Illinois before being brought to Illinois for use here and is
taxable under this Act, the "selling price" on which the tax is
computed shall be reduced by an amount that represents a
reasonable allowance for depreciation for the period of prior
out-of-state use.
(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;
102-4, eff. 4-27-21; 102-700, Article 20, Section 20-5, eff.

SB2437 - 445 - LRB103 26700 AMC 53063 b
4-19-22; 102-700, Article 60, Section 60-15, eff. 4-19-22;
102-700, Article 65, Section 65-5, eff. 4-19-22; revised
5-27-22.)
(35 ILCS 105/9) (from Ch. 120, par. 439.9)
Sec. 9. Except as to motor vehicles, watercraft, aircraft,
and trailers that are required to be registered with an agency
of this State, each retailer required or authorized to collect
the tax imposed by this Act shall pay to the Department the
amount of such tax (except as otherwise provided) at the time
when he is required to file his return for the period during
which such tax was collected, less a discount of 2.1% prior to
January 1, 1990, and 1.75% on and after January 1, 1990, or $5
per calendar year, whichever is greater, which is allowed to
reimburse the retailer 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, 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 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. When determining the discount
allowed under this Section, retailers shall include the amount

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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. 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. A retailer need not remit that part of any tax collected
by him to the extent that he is required to remit and does
remit the tax imposed by the Retailers' Occupation Tax Act,
with respect to the sale of the same property.
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 retailer, in collecting the tax (except as to motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State), may collect for
each tax return period, only the tax applicable to that part of
the selling price actually received during such tax return
period.

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Except as provided in this Section, on or before the
twentieth day of each calendar month, such retailer shall file
a return for the preceding calendar month. Such return shall
be filed on forms prescribed by the Department and shall
furnish such information as the Department may reasonably
require. The return shall include the 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,
quarter, or year, as appropriate, and 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. The
return shall also include 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 this amendatory Act of the 102nd General
Assembly.
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

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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.
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 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

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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 retailer required or authorized to collect the tax
imposed by this Act on aviation fuel sold at retail in this
State during the preceding calendar month shall, instead of
reporting and paying tax on aviation fuel 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 collecting tax on 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.
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

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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" 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

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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.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the
Service Use Tax 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

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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 Retailers' Occupation Tax Act,
the Service Occupation Tax Act, and the Service Use Tax 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

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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 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

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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 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 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
1.25% in Public Act 102-700 this amendatory Act of the 102nd

SB2437 - 455 - LRB103 26700 AMC 53063 b
General Assembly 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 this amendatory Act of the 102nd General Assembly on
sales tax holiday items had not occurred. Quarter monthly
payment status shall be determined under this paragraph as if
the rate reduction to 0% in Public Act 102-700 this amendatory
Act of the 102nd General Assembly 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 this amendatory Act of the 102nd
General Assembly 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
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

SB2437 - 456 - LRB103 26700 AMC 53063 b
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.
If any such payment provided for in this Section exceeds
the taxpayer's liabilities under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act and the
Service Use Tax Act, as shown by an original monthly return,
the Department shall issue to the taxpayer a credit memorandum
no later than 30 days after the date of payment, which
memorandum may be submitted by the taxpayer to the Department
in payment of tax liability subsequently to be remitted by the
taxpayer to the Department or be assigned by the taxpayer to a
similar taxpayer under this Act, the Retailers' Occupation 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, except that if such excess
payment is shown on an original monthly return and is made
after December 31, 1986, no credit memorandum shall be issued,
unless requested by the taxpayer. If no such request is made,
the taxpayer may credit such excess payment against tax
liability subsequently to be remitted by the taxpayer to the
Department under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, in
accordance with reasonable rules and regulations prescribed by

SB2437 - 457 - LRB103 26700 AMC 53063 b
the Department. If the Department subsequently determines that
all or any part of the credit taken was not actually due to the
taxpayer, the taxpayer's 2.1% or 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 the taxpayer shall be
liable for penalties and interest on such difference.
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 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.

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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.
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 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 3-55 of this Act, then that seller may
report the transfer of all the aircraft, watercraft, motor
vehicles or trailers involved in that transaction to the
Department on the same uniform invoice-transaction reporting

SB2437 - 459 - LRB103 26700 AMC 53063 b
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.
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

SB2437 - 460 - LRB103 26700 AMC 53063 b
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 2 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
and 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 2 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

SB2437 - 461 - LRB103 26700 AMC 53063 b
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 date 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 tax
that is imposed by this Act 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 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

SB2437 - 462 - LRB103 26700 AMC 53063 b
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 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

SB2437 - 463 - LRB103 26700 AMC 53063 b
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.
Where a retailer 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 retailer refunds the selling price thereof to
the purchaser, such retailer 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 retailer may deduct the amount of the tax
so refunded by him to the purchaser from any other use tax
which such retailer may be required to pay or remit to the
Department, as shown by such return, if the amount of the tax
to be deducted was previously remitted to the Department by
such retailer. If the retailer has not previously remitted the
amount of such tax to the Department, he is entitled to no
deduction under this Act upon refunding such tax to the
purchaser.
Any retailer filing a return under this Section shall also
include (for the purpose of paying tax thereon) the total tax
covered by such return upon the selling price of tangible
personal property purchased by him at retail from a retailer,
but as to which the tax imposed by this Act was not collected

SB2437 - 464 - LRB103 26700 AMC 53063 b
from the retailer filing such return, and such retailer shall
remit the amount of such tax to the Department when filing such
return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable retailers, who are required to file
returns hereunder and also under the Retailers' Occupation Tax
Act, to furnish all the return information required by both
Acts on the one form.
Where the retailer has more than one business registered
with the Department under separate registration under this
Act, such retailer 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.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform 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 4% of the
net revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by an agency of this
State's government.

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Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury, 20% 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 (i) tangible
personal property which is purchased outside Illinois at
retail from a retailer and which is titled or registered by an
agency of this State's government and (ii) aviation fuel sold
on or after December 1, 2019. This exception for aviation fuel
only applies for so long as the revenue use requirements of 49
U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
For aviation fuel sold on or after December 1, 2019, each
month the Department shall pay 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 Fuels 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 State and Local Sales Tax Reform Fund 100% of the
net revenue realized for the preceding month from the 1.25%

SB2437 - 466 - LRB103 26700 AMC 53063 b
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 3-6, is imposed at the rate of 1.25%, then the
Department shall pay 100% of the net revenue realized for that
month from the 1.25% rate on the selling price of sales tax
holiday items into the State and Local Sales Tax Reform 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 which is
purchased outside Illinois at retail from a retailer and which
is titled or registered by an agency of this State's
government.
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

SB2437 - 467 - LRB103 26700 AMC 53063 b
the total payment into the Clean Air Act Permit Fund under this
Act and the Retailers' Occupation 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 Service Use Tax Act, the Service
Occupation 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 Service Use Tax Act, the Service Occupation 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 this Act, the Service Use Tax
Act, the Service Occupation Tax 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

SB2437 - 468 - LRB103 26700 AMC 53063 b
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 Bond 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

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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

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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 Year Total Deposit
1993 $0
1994 53,000,000

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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
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000

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2021 300,000,000
2022 300,000,000
2023 300,000,000
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
2034 375,000,000
2035 375,000,000
2036 450,000,000
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

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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

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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
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a
25-year period, the Department shall each month pay into the
Energy Infrastructure Fund 80% of the net revenue realized
from the 6.25% general rate on the selling price of
Illinois-mined coal that was sold to an eligible business. For
purposes of this paragraph, the term "eligible business" means
a new electric generating facility certified pursuant to
Section 605-332 of the Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, and the Energy Infrastructure 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

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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

SB2437 - 476 - LRB103 26700 AMC 53063 b
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

SB2437 - 477 - LRB103 26700 AMC 53063 b
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 State and Local Sales Tax
Reform Fund, 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, 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 State and Local Sales Tax Reform Fund, 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, the Department shall pay each month into the
Road Fund the amount estimated to represent 32% of the net

SB2437 - 478 - LRB103 26700 AMC 53063 b
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 State and Local
Sales Tax Reform Fund, 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, 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 State and Local Sales Tax Reform Fund, 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, 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 State and Local Sales Tax Reform Fund, 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, the Department shall pay
each month into the Road Fund the amount estimated to
represent 80% of the net revenue realized from the taxes

SB2437 - 479 - LRB103 26700 AMC 53063 b
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 this 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.
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

SB2437 - 480 - LRB103 26700 AMC 53063 b
such sales, if the retailers who are affected do not make
written objection to the Department to this arrangement.
(Source: P.A. 101-10, Article 15, Section 15-10, eff. 6-5-19;
101-10, Article 25, Section 25-105, eff. 6-5-19; 101-27, eff.
6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19;
101-636, eff. 6-10-20; 102-700, Article 60, Section 60-15,
eff. 4-19-22; 102-700, Article 65, Section 65-5, eff. 4-19-22;
102-1019, eff. 1-1-23; revised 12-13-22.)
Section 200. The Service Use Tax Act is amended by
changing Sections 3-5 and 3-10 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

SB2437 - 481 - LRB103 26700 AMC 53063 b
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

SB2437 - 482 - LRB103 26700 AMC 53063 b
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.

SB2437 - 483 - LRB103 26700 AMC 53063 b
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. 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

SB2437 - 484 - LRB103 26700 AMC 53063 b
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.

SB2437 - 485 - LRB103 26700 AMC 53063 b
(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

SB2437 - 486 - LRB103 26700 AMC 53063 b
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,

SB2437 - 487 - LRB103 26700 AMC 53063 b
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

SB2437 - 488 - LRB103 26700 AMC 53063 b
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

SB2437 - 489 - LRB103 26700 AMC 53063 b
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

SB2437 - 490 - LRB103 26700 AMC 53063 b
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

SB2437 - 491 - LRB103 26700 AMC 53063 b
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

SB2437 - 492 - LRB103 26700 AMC 53063 b
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

SB2437 - 493 - LRB103 26700 AMC 53063 b
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, 2024, 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, but 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. 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

SB2437 - 494 - LRB103 26700 AMC 53063 b
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. 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) this amendatory Act of the 101st General Assembly.
(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

SB2437 - 495 - LRB103 26700 AMC 53063 b
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 this amendatory Act of the 101st
General Assembly 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

SB2437 - 496 - LRB103 26700 AMC 53063 b
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

SB2437 - 497 - LRB103 26700 AMC 53063 b
property that is essential to the operations of a computer
data center. The term "qualified tangible personal
property" also includes building materials physically
incorporated 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.

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"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.

SB2437 - 499 - LRB103 26700 AMC 53063 b
(33) (32) Tangible personal property sold by or on behalf
of the State Treasurer pursuant to the Revised Uniform
Unclaimed Property Act. This item (33) (32) is exempt from the
provisions of Section 3-75.
(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
101-629, eff. 2-5-20; 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; revised 8-3-22.)
(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before

SB2437 - 500 - LRB103 26700 AMC 53063 b
July 1, 2017, and (iii) 100% of the selling price thereafter.
If, at any time, however, the tax under this Act on sales of
gasohol, as defined in the Use Tax Act, is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2023 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the selling
price of property transferred as an incident to the sale of
service on or after July 1, 2003 and on or before December 31,
2018 and (ii) 100% of the proceeds of the selling price after
December 31, 2018 and before January 1, 2024. On and after
January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1 of the Use Tax Act. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%

SB2437 - 501 - LRB103 26700 AMC 53063 b
and no more than 10% biodiesel made during that time.
With respect to biodiesel, as defined in the Use Tax Act,
and biodiesel blends, as defined in the Use Tax Act, with more
than 10% but no more than 99% biodiesel, the tax imposed by
this Act does not apply to the proceeds of the selling price of
property transferred as an incident to the sale of service on
or after July 1, 2003 and on or before December 31, 2023. On
and after January 1, 2024 and on or before December 31, 2030,
the taxation of biodiesel, renewable diesel, and biodiesel
blends shall be as provided in Section 3-5.1 of the Use Tax
Act.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the
aggregate annual total gross receipts from all sales of
service, the tax imposed by this Act shall be based on the
serviceman's cost price of the tangible personal property
transferred as an incident to the sale of those services.
Until July 1, 2022 and beginning again on July 1, 2023, the
tax shall be imposed at the rate of 1% on food prepared for
immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the

SB2437 - 502 - LRB103 26700 AMC 53063 b
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. Until July 1, 2022
and beginning again on July 1, 2023, the tax shall also be
imposed at the rate of 1% 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 and is not otherwise included in this
paragraph).
Beginning on July 1, 2022 and until July 1, 2023, the tax
shall be imposed at the rate of 0% on food prepared for
immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the Assisted Living and Shared Housing
Act, the ID/DD Community Care Act, the MC/DD Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969, or an entity that holds a permit issued
pursuant to the Life Care Facilities Act. Beginning on July 1,
2022 and until July 1, 2023, the tax shall also be imposed at
the rate of 0% on food for 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

SB2437 - 503 - LRB103 26700 AMC 53063 b
use cannabis, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph).
The tax shall also be imposed at the rate of 1% on
prescription and nonprescription medicines, drugs, medical
appliances, products classified as Class III medical devices
by the United States Food and Drug Administration that are
used for cancer treatment pursuant to a prescription, as well
as any accessories and components related to those devices,
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability, and insulin, blood
sugar testing materials, syringes, and needles used by human
diabetics. For the purposes of this Section, until September
1, 2009: the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including, but not limited to, soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed bottle, can,
carton, or container, regardless of size; but "soft drinks"
does not include coffee, tea, non-carbonated water, infant
formula, milk or milk products as defined in the Grade A
Pasteurized Milk and Milk Products Act, or drinks containing
50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic

SB2437 - 504 - LRB103 26700 AMC 53063 b
beverages that contain natural or artificial sweeteners. "Soft
drinks" does do not include beverages that contain milk or
milk products, soy, rice or similar milk substitutes, or
greater than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,

SB2437 - 505 - LRB103 26700 AMC 53063 b
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 CFR C.F.R. § 201.66. The
"over-the-counter-drug" label includes:
(A) a A "Drug Facts" panel; or
(B) a A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.

SB2437 - 506 - LRB103 26700 AMC 53063 b
If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior
out-of-state use.
(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;
102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 102-700, Article
20, Section 20-10, eff. 4-19-22; 102-700, Article 60, Section
60-20, eff. 4-19-22; revised 6-1-22.)
Section 205. The Service Occupation Tax Act is amended by
changing Sections 3-5 and 3-10 as follows:
(35 ILCS 115/3-5)
Sec. 3-5. Exemptions. The 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

SB2437 - 507 - LRB103 26700 AMC 53063 b
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

SB2437 - 508 - LRB103 26700 AMC 53063 b
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

SB2437 - 509 - LRB103 26700 AMC 53063 b
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. 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.

SB2437 - 510 - LRB103 26700 AMC 53063 b
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

SB2437 - 511 - LRB103 26700 AMC 53063 b
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

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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

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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

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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,

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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.

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(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,

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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

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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, 2024, 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, but 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. This

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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. 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) this
amendatory Act of the 101st General Assembly.
(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

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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 this amendatory Act of the 101st
General Assembly 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

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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 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

SB2437 - 522 - LRB103 26700 AMC 53063 b
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

SB2437 - 523 - LRB103 26700 AMC 53063 b
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) (33) Tangible personal property sold by or on behalf
of the State Treasurer pursuant to the Revised Uniform
Unclaimed Property Act. This item (34) (33) is exempt from the
provisions of Section 3-55.
(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
101-629, eff. 2-5-20; 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; revised 8-9-22.)

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(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and
produce special order machinery or equipment, the tax imposed
by this Act shall be based on the serviceman's cost price of
the tangible personal property transferred incident to the
completion of the contract.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of

SB2437 - 525 - LRB103 26700 AMC 53063 b
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before July 1, 2017, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2023 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the selling
price of property transferred as an incident to the sale of
service on or after July 1, 2003 and on or before December 31,
2018 and (ii) 100% of the proceeds of the selling price after
December 31, 2018 and before January 1, 2024. On and after
January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1 of the Use Tax Act. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less

SB2437 - 526 - LRB103 26700 AMC 53063 b
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to biodiesel, as defined in the Use Tax Act,
and biodiesel blends, as defined in the Use Tax Act, with more
than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2023. On and after January 1, 2024 and on or
before December 31, 2030, the taxation of biodiesel, renewable
diesel, and biodiesel blends shall be as provided in Section
3-5.1 of the Use Tax Act.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the
aggregate annual total gross receipts from all sales of
service, the tax imposed by this Act shall be based on the
serviceman's cost price of the tangible personal property
transferred incident to the sale of those services.
Until July 1, 2022 and beginning again on July 1, 2023, the
tax shall be imposed at the rate of 1% on food prepared for

SB2437 - 527 - LRB103 26700 AMC 53063 b
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. Until July 1, 2022 and
beginning again on July 1, 2023, the tax shall also be imposed
at the rate of 1% 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 and is not otherwise included in this
paragraph).
Beginning on July 1, 2022 and until July 1, 2023, the tax
shall be imposed at the rate of 0% on food prepared for
immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Use Tax Act by an
entity licensed under the Hospital Licensing Act, the Nursing
Home Care Act, the 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. Beginning July 1, 2022 and
until July 1, 2023, the tax shall also be imposed at the rate

SB2437 - 528 - LRB103 26700 AMC 53063 b
of 0% 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 and is not otherwise included in this paragraph).
The tax shall also be imposed at the rate of 1% on
prescription and nonprescription medicines, drugs, medical
appliances, products classified as Class III medical devices
by the United States Food and Drug Administration that are
used for cancer treatment pursuant to a prescription, as well
as any accessories and components related to those devices,
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability, and insulin, blood
sugar testing materials, syringes, and needles used by human
diabetics. For the purposes of this Section, until September
1, 2009: the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including, but not limited to, soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed can, carton, or
container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.

SB2437 - 529 - LRB103 26700 AMC 53063 b
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" does do not include beverages that contain milk or
milk products, soy, rice or similar milk substitutes, or
greater than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains

SB2437 - 530 - LRB103 26700 AMC 53063 b
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 CFR C.F.R. § 201.66. The
"over-the-counter-drug" label includes:
(A) a A "Drug Facts" panel; or
(B) a A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

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and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;
102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 102-700, Article
20, Section 20-15, eff. 4-19-22; 102-700, Article 60, Section
60-25, eff. 4-19-22; revised 6-1-22.)
Section 210. The Retailers' Occupation Tax Act is amended
by changing Sections 2-5, 2-10, 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

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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. This item (2) is exempt
from the provisions of Section 2-70.

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(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

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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

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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) 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

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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

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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

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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

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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

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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

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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

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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 C.F.R. 91.407;
(2) the aircraft is not based or registered in
this State after the sale of the aircraft; and

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(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.

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(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

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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.

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(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

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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

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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

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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

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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, 2024, 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, but
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. This exemption applies
only to the sale of qualifying tangible personal property

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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.
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) this amendatory Act of the 101st
General Assembly.
(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

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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 agreement, as defined in the
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

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centers that would have qualified for a certificate of
exemption prior to January 1, 2020 had Public Act 101-31
this amendatory Act of the 101st General Assembly 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;

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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

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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.

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"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

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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) (46) Tangible personal property sold by or on
behalf of the State Treasurer pursuant to the Revised
Uniform Unclaimed Property Act. This item (47) (46) is
exempt from the provisions of Section 2-70.
(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
101-629, eff. 2-5-20; 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; revised 8-15-22.)
(35 ILCS 120/2-10)
Sec. 2-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
gross receipts from sales of tangible personal property made
in the course of business.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
Beginning on August 6, 2010 through August 15, 2010, and
beginning again on August 5, 2022 through August 14, 2022,

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with respect to sales tax holiday items as defined in Section
2-8 of this Act, the tax is imposed at the rate of 1.25%.
Within 14 days after July 1, 2000 (the effective date of
Public Act 91-872) this amendatory Act of the 91st General
Assembly, each retailer of motor fuel and gasohol shall cause
the following notice to be posted in a prominently visible
place on each retail dispensing device that is used to
dispense motor fuel or gasohol in the State of Illinois: "As of
July 1, 2000, the State of Illinois has eliminated the State's
share of sales tax on motor fuel and gasohol through December
31, 2000. The price on this pump should reflect the
elimination of the tax." The notice shall be printed in bold
print on a sign that is no smaller than 4 inches by 8 inches.
The sign shall be clearly visible to customers. Any retailer
who fails to post or maintain a required sign through December
31, 2000 is guilty of a petty offense for which the fine shall
be $500 per day per each retail premises where a violation
occurs.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the proceeds of
sales made on or after January 1, 1990, and before July 1,
2003, (ii) 80% of the proceeds of sales made on or after July
1, 2003 and on or before July 1, 2017, and (iii) 100% of the
proceeds of sales made thereafter. If, at any time, however,
the tax under this Act on sales of gasohol, as defined in the
Use Tax Act, is imposed at the rate of 1.25%, then the tax

SB2437 - 559 - LRB103 26700 AMC 53063 b
imposed by this Act applies to 100% of the proceeds of sales of
gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the proceeds of sales made on or after July 1, 2003 and on
or before December 31, 2023 but applies to 100% of the proceeds
of sales made thereafter.
With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the proceeds
of sales made on or after July 1, 2003 and on or before
December 31, 2018 and (ii) 100% of the proceeds of sales made
after December 31, 2018 and before January 1, 2024. On and
after January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1 of the Use Tax Act. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to biodiesel, as defined in the Use Tax Act,
and biodiesel blends, as defined in the Use Tax Act, with more
than 10% but no more than 99% biodiesel, the tax imposed by
this Act does not apply to the proceeds of sales made on or

SB2437 - 560 - LRB103 26700 AMC 53063 b
after July 1, 2003 and on or before December 31, 2023. On and
after January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1 of the Use Tax Act.
Until July 1, 2022 and beginning again on July 1, 2023,
with respect to 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), the tax is imposed at the rate of 1%.
Beginning July 1, 2022 and until July 1, 2023, with respect to
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), the tax is imposed at the rate of 0%.
With respect to prescription and nonprescription
medicines, drugs, medical appliances, products classified as
Class III medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to
a prescription, as well as any accessories and components
related to those devices, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability, and insulin, blood sugar testing materials,
syringes, and needles used by human diabetics, the tax is
imposed at the rate of 1%. For the purposes of this Section,

SB2437 - 561 - LRB103 26700 AMC 53063 b
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including, but not limited to, soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but
"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" does do not include beverages that contain milk or
milk products, soy, rice or similar milk substitutes, or
greater than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold

SB2437 - 562 - LRB103 26700 AMC 53063 b
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 CFR C.F.R. § 201.66. The
"over-the-counter-drug" label includes:
(A) a A "Drug Facts" panel; or

SB2437 - 563 - LRB103 26700 AMC 53063 b
(B) a A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122) this amendatory Act of the 98th General Assembly,
"prescription and nonprescription medicines and drugs"
includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;
102-4, eff. 4-27-21; 102-700, Article 20, Section 20-20, eff.
4-19-22; 102-700, Article 60, Section 60-30, eff. 4-19-22;
102-700, Article 65, Section 65-10, eff. 4-19-22; revised
6-1-22.)
(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:

SB2437 - 564 - LRB103 26700 AMC 53063 b
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

SB2437 - 565 - LRB103 26700 AMC 53063 b
been due but for the 0% rate imposed under Public Act
102-700 this amendatory Act of the 102nd General Assembly;
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 this
amendatory Act of the 102nd General Assembly;
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

SB2437 - 566 - LRB103 26700 AMC 53063 b
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

SB2437 - 567 - LRB103 26700 AMC 53063 b
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.
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 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

SB2437 - 568 - LRB103 26700 AMC 53063 b
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

SB2437 - 569 - LRB103 26700 AMC 53063 b
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

SB2437 - 570 - LRB103 26700 AMC 53063 b
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

SB2437 - 571 - LRB103 26700 AMC 53063 b
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

SB2437 - 572 - LRB103 26700 AMC 53063 b
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

SB2437 - 573 - LRB103 26700 AMC 53063 b
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

SB2437 - 574 - LRB103 26700 AMC 53063 b
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

SB2437 - 575 - LRB103 26700 AMC 53063 b
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,

SB2437 - 576 - LRB103 26700 AMC 53063 b
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

SB2437 - 577 - LRB103 26700 AMC 53063 b
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

SB2437 - 578 - LRB103 26700 AMC 53063 b
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

SB2437 - 579 - LRB103 26700 AMC 53063 b
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

SB2437 - 580 - LRB103 26700 AMC 53063 b
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
this amendatory Act of the 102nd General Assembly. 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 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. 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.

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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

SB2437 - 582 - LRB103 26700 AMC 53063 b
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

SB2437 - 583 - LRB103 26700 AMC 53063 b
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

SB2437 - 584 - LRB103 26700 AMC 53063 b
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 this amendatory Act of the 102nd
General Assembly 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
this amendatory Act of the 102nd General Assembly had not
occurred. Quarter monthly payment status shall be determined

SB2437 - 585 - LRB103 26700 AMC 53063 b
under this paragraph as if the rate reduction to 1.25% in
Public Act 102-700 this amendatory Act of the 102nd General
Assembly 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 this amendatory Act of the 102nd General Assembly 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

SB2437 - 586 - LRB103 26700 AMC 53063 b
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

SB2437 - 587 - LRB103 26700 AMC 53063 b
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

SB2437 - 588 - LRB103 26700 AMC 53063 b
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

SB2437 - 589 - LRB103 26700 AMC 53063 b
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

SB2437 - 590 - LRB103 26700 AMC 53063 b
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

SB2437 - 591 - LRB103 26700 AMC 53063 b
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

SB2437 - 592 - LRB103 26700 AMC 53063 b
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,

SB2437 - 593 - LRB103 26700 AMC 53063 b
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 Year Annual 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

SB2437 - 594 - LRB103 26700 AMC 53063 b
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

SB2437 - 595 - LRB103 26700 AMC 53063 b
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

SB2437 - 596 - LRB103 26700 AMC 53063 b
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 Year Total 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
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000

SB2437 - 597 - LRB103 26700 AMC 53063 b
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 300,000,000
2022 300,000,000
2023 300,000,000
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
2034 375,000,000
2035 375,000,000
2036 450,000,000
and
each fiscal year
thereafter that bonds

SB2437 - 598 - LRB103 26700 AMC 53063 b
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

SB2437 - 599 - LRB103 26700 AMC 53063 b
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
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a
25-year period, the Department shall each month pay into the
Energy Infrastructure Fund 80% of the net revenue realized
from the 6.25% general rate on the selling price of
Illinois-mined coal that was sold to an eligible business. For
purposes of this paragraph, the term "eligible business" means
a new electric generating facility certified pursuant to
Section 605-332 of the Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois.

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Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, and the Energy Infrastructure 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

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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

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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, the Energy Infrastructure 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

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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, the Energy
Infrastructure 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, the
Energy Infrastructure 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,
the Energy Infrastructure 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

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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, the Energy
Infrastructure 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 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

SB2437 - 605 - LRB103 26700 AMC 53063 b
of gross receipts as shown by the retailer's last Federal
income tax return. If the total receipts of the business as
reported in the 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

SB2437 - 606 - LRB103 26700 AMC 53063 b
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

SB2437 - 607 - LRB103 26700 AMC 53063 b
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, 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

SB2437 - 608 - LRB103 26700 AMC 53063 b
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. 101-10, Article 15, Section 15-25, eff. 6-5-19;
101-10, Article 25, Section 25-120, eff. 6-5-19; 101-27, eff.
6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19;
101-636, eff. 6-10-20; 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; revised 12-13-22.)

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Section 215. The Property Tax Code is amended by changing
Sections 10-390, 10-800, 15-168, 15-169, 18-185, 18-190.7,
22-10, and 22-25 as follows:
(35 ILCS 200/10-390)
Sec. 10-390. Valuation of supportive living facilities.
(a) Notwithstanding Section 1-55, to determine the fair
cash value of any supportive living facility established under
Section 5-5.01a of the Illinois Public Aid Code, in assessing
the facility, a local assessment officer must use the income
capitalization approach. For the purposes of this Section,
gross potential income must not exceed the maximum individual
Supplemental Security Income (SSI) amount, minus a resident's
personal allowance as defined at 89 Ill. Adm. Ill Admin. Code
146.205, multiplied by the number of apartments authorized by
the supportive living facility certification.
(b) When assessing supportive living facilities, the local
assessment officer may not consider:
(1) payments from Medicaid for services provided to
residents of supportive living facilities when such
payments constitute income that is attributable to
services and not attributable to the real estate; or
(2) payments by a resident of a supportive living
facility for services that would be paid by Medicaid if
the resident were Medicaid-eligible, when such payments

SB2437 - 610 - LRB103 26700 AMC 53063 b
constitute income that is attributable to services and not
attributable to real estate.
(Source: P.A. 102-16, eff. 6-17-21; revised 2-28-22.)
(35 ILCS 200/10-800)
Sec. 10-800. Southland reactivation property.
(a) For the purposes of this Section:
"Base year" means the last tax year prior to the date of
the application for southland reactivation designation during
which the property was occupied and assessed and had an
equalized assessed value.
"Cook County Land Bank Authority" means the Cook County
Land Bank Authority created by ordinance of the Cook County
Board.
"Municipality" means a city, village, or incorporated town
located in the State.
"Participating entity" means any of the following, either
collectively or individually: the municipality in which the
property is located; the South Suburban Land Bank and
Development Authority; or the Cook County Land Bank
Development Authority.
"Southland reactivation property" means property that:
(1) has been designated by the municipality by
resolution as a priority tax reactivation parcel, site, or
property due to its clear pattern of stagnation and
depressed condition or the decline in its assessed

SB2437 - 611 - LRB103 26700 AMC 53063 b
valuation;
(2) is held by a participating entity; and
(3) meets all of the following criteria:
(A) the property is zoned for commercial or
industrial use;
(B) the property has had its past property taxes
cleared and is now classified as exempt, or the
property has not had a lawful occupant for at least 12
months immediately preceding the application for
certification as southland reactivation property, as
attested to by a supporting affidavit;
(C) the sale or transfer of the property,
following southland reactivation designation, to a
developer would result in investment which would
result a higher assessed value;
(D) the property will be sold by a participating
entity to a buyer of property that has been approved by
the corporate authorities of the municipality or to a
developer that has been approved by the corporate
authorities of the municipality whose redevelopment of
the parcel, site, or property would reverse
long-standing divestment in the area, enhance
inclusive economic growth, create jobs or career
pathways, support equitable recovery of the community,
and stabilize the tax base through investments that
align with local government plans and priorities;

SB2437 - 612 - LRB103 26700 AMC 53063 b
(E) an application for southland reactivation
designation is filed with the participating entity and
a resolution designating the property as southland
reactivation property is passed by the municipality
prior to the sale, rehabilitation, or reoccupation;
(F) if not for the southland reactivation
designation, development or redevelopment of the
property would not occur; and
(G) the property is located in any of the
following Townships in Cook County: Bloom, Bremen,
Calumet, Rich, Thornton, or Worth.
"South Suburban Land Bank and Development Authority" means
the South Suburban Land Bank and Development Authority created
in 2012 by intergovernmental agreement.
"Tax year" means the calendar year for which assessed
value is determined as of January 1 of that year.
(b) Within 5 years after May 27, 2022 (the effective date
of Public Act 102-1010) this amendatory Act of the 102nd
General Assembly, purchasers of real property from any of the
participating entities may apply to that entity to have the
property certified as southland reactivation property if the
property meets the criteria for southland reactivation
property set forth in subsection (a). The participating entity
has 5 years from May 27, 2022 (the effective date of Public Act
102-1010) this amendatory Act of the 102nd General Assembly
within which it may certify the property as southland

SB2437 - 613 - LRB103 26700 AMC 53063 b
reactivation property for the purposes of promoting
rehabilitation of abandoned, vacant, or underutilized property
to attract and enhance economic activities and investment that
stabilize, restore, and grow the tax base in severely blighted
areas within Chicago's south suburbs. This certification is
nonrenewable and shall be transmitted by the municipality, or
by the participating entity on behalf of the municipality, to
the chief county assessment officer as soon as possible after
the property is certified. Southland reactivation designation
is limited to the original applicant unless expressly approved
by the corporate authorities of the municipality and the
property has no change in use.
Support by the corporate authorities of the municipality
for southland reactivation designation shall be considered in
a lawful public meeting, and impacted taxing districts shall
receive notification of the agenda item to consider southland
reactivation of the site not less than 15 days prior to that
meeting.
(c) Beginning with the first tax year after the property
is certified as southland reactivation property and continuing
through the twelfth tax year after the property is certified
as southland reactivation property, for the purpose of
taxation under this Code, the property shall be valued at 50%
of the base year equalized assessed value as established by
the chief county assessment officer, excluding all years with
property tax exemptions applied as a result of the

SB2437 - 614 - LRB103 26700 AMC 53063 b
participating entity's ownership. For the first year after the
property is certified as southland reactivation property, the
aggregate property tax liability for the property shall be no
greater than $100,000 per year. That aggregate property tax
liability, once collected, shall be distributed to the taxing
districts in which the property is located according to each
taxing district's proportionate share of that aggregate
liability. Beginning with the second tax year after the
property is certified as southland reactivation property and
continuing through the twelfth tax year after the property is
certified as southland reactivation property, the property tax
liability for the property for each taxing district in which
the property is located shall be increased over the property
tax liability for the property for the preceding year by 10%.
In no event shall the purchaser's annual tax liability
decrease.
(d) No later than March 1 of each year, the municipality or
the participating entity on behalf of the municipality shall
certify to the county clerk of the county in which the property
is located a percentage southland reactivation reduction to be
applied to property taxes for that calendar year, as provided
in this Section.
(e) The participating entity shall collect the following
information annually for the pilot program period: the number
of program applicants; the street address of each certified
property; the proposed use of certified properties; the amount

SB2437 - 615 - LRB103 26700 AMC 53063 b
of investment; the number of jobs created as a result of the
certification; and copies of the certification of each
southland reactivation site to allow for the evaluation and
assessment of the effectiveness of southland reactivation
designation. The participating entity responsible for seeking
the southland reactivation designation shall present this
information to the governing body of each taxing district
affected by a southland reactivation designation on an annual
basis, and the participating entity shall report the above
information to any requesting members of the General Assembly
at the conclusion of the 5-year designation period.
(f) Any southland reactivation certification granted under
this Section shall be void if the property is conveyed to an
entity or person that is liable for any unpaid, delinquent
property taxes associated with the property.
(Source: P.A. 102-1010, eff. 5-27-22; revised 9-7-22.)
(35 ILCS 200/15-168)
Sec. 15-168. Homestead exemption for persons with
disabilities.
(a) Beginning with taxable year 2007, an annual homestead
exemption is granted to persons with disabilities in the
amount of $2,000, except as provided in subsection (c), to be
deducted from the property's value as equalized or assessed by
the Department of Revenue. The person with a disability shall
receive the homestead exemption upon meeting the following

SB2437 - 616 - LRB103 26700 AMC 53063 b
requirements:
(1) The property must be occupied as the primary
residence by the person with a disability.
(2) The person with a disability must be liable for
paying the real estate taxes on the property.
(3) The person with a disability must be an owner of
record of the property or have a legal or equitable
interest in the property as evidenced by a written
instrument. In the case of a leasehold interest in
property, the lease must be for a single family residence.
A person who has a disability during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act, then the exemption
shall continue (i) so long as the residence continues to be
occupied by the qualifying person's spouse or (ii) if the
residence remains unoccupied but is still owned by the person
qualified for the homestead exemption.
(b) For the purposes of this Section, "person with a
disability" means a person unable to engage in any substantial
gainful activity by reason of a medically determinable

SB2437 - 617 - LRB103 26700 AMC 53063 b
physical or mental impairment which can be expected to result
in death or has lasted or can be expected to last for a
continuous period of not less than 12 months. Persons with
disabilities filing claims under this Act shall submit proof
of disability in such form and manner as the Department shall
by rule and regulation prescribe. Proof that a claimant is
eligible to receive disability benefits under the Federal
Social Security Act shall constitute proof of disability for
purposes of this Act. Issuance of an Illinois Person with a
Disability Identification Card stating that the claimant is
under a Class 2 disability, as defined in Section 4A of the
Illinois Identification Card Act, shall constitute proof that
the person named thereon is a person with a disability for
purposes of this Act. A person with a disability not covered
under the Federal Social Security Act and not presenting an
Illinois Person with a Disability Identification Card stating
that the claimant is under a Class 2 disability shall be
examined by a physician, optometrist (if the person qualifies
because of a visual disability), advanced practice registered
nurse, or physician assistant designated by the Department,
and his status as a person with a disability determined using
the same standards as used by the Social Security
Administration. The costs of any required examination shall be
borne by the claimant.
(c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as

SB2437 - 618 - LRB103 26700 AMC 53063 b
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a person with a disability. The person with a
disability shall receive the homestead exemption upon meeting
the following requirements:
(1) The property must be occupied as the primary
residence by the person with a disability.
(2) The person with a disability must be liable by
contract with the owner or owners of record for paying the
apportioned property taxes on the property of the
cooperative or life care facility. In the case of a life
care facility, the person with a disability must be liable
for paying the apportioned property taxes under a life
care contract as defined in Section 2 of the Life Care
Facilities Act.
(3) The person with a disability must be an owner of
record of a legal or equitable interest in the cooperative
apartment building. A leasehold interest does not meet
this requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying person with a disability. The
chief county assessment officer may request reasonable proof

SB2437 - 619 - LRB103 26700 AMC 53063 b
that the association or firm has properly credited the
exemption. A person who willfully refuses to credit an
exemption to the qualified person with a disability is guilty
of a Class B misdemeanor.
(d) The chief county assessment officer shall determine
the eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any
notice of delinquency in the payment of taxes assessed and
levied under this Code on the person's qualifying property.
The duplicate notice shall be in addition to the notice
required to be provided to the person receiving the exemption
and shall be given in the manner required by this Code. The
person filing the request for the duplicate notice shall pay
an administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the person with a disability
in the manner required by the chief county assessment officer.

SB2437 - 620 - LRB103 26700 AMC 53063 b
(d-5) Notwithstanding any other provision of law, each
chief county assessment officer may approve this exemption for
the 2020 taxable year, without application, for any property
that was approved for this exemption for the 2019 taxable
year, provided that:
(1) the county board has declared a local disaster as
provided in the Illinois Emergency Management Agency Act
related to the COVID-19 public health emergency;
(2) the owner of record of the property as of January
1, 2020 is the same as the owner of record of the property
as of January 1, 2019;
(3) the exemption for the 2019 taxable year has not
been determined to be an erroneous exemption as defined by
this Code; and
(4) the applicant for the 2019 taxable year has not
asked for the exemption to be removed for the 2019 or 2020
taxable years.
(d-10) Notwithstanding any other provision of law, each
chief county assessment officer may approve this exemption for
the 2021 taxable year, without application, for any property
that was approved for this exemption for the 2020 taxable
year, if:
(1) the county board has declared a local disaster as
provided in the Illinois Emergency Management Agency Act
related to the COVID-19 public health emergency;
(2) the owner of record of the property as of January

SB2437 - 621 - LRB103 26700 AMC 53063 b
1, 2021 is the same as the owner of record of the property
as of January 1, 2020;
(3) the exemption for the 2020 taxable year has not
been determined to be an erroneous exemption as defined by
this Code; and
(4) the taxpayer for the 2020 taxable year has not
asked for the exemption to be removed for the 2020 or 2021
taxable years.
(d-15) For taxable years 2022 through 2027, in any county
of more than 3,000,000 residents, and in any other county
where the county board has authorized such action by ordinance
or resolution, a chief county assessment officer may renew
this exemption for any person who applied for the exemption
and presented proof of eligibility, as described in subsection
(b) above, without an annual application as required under
subsection (d) above. A chief county assessment officer shall
not automatically renew an exemption under this subsection if:
the physician, advanced practice registered nurse,
optometrist, or physician assistant who examined the claimant
determined that the disability is not expected to continue for
12 months or more; the exemption has been deemed erroneous
since the last application; or the claimant has reported their
ineligibility to receive the exemption. A chief county
assessment officer who automatically renews an exemption under
this subsection shall notify a person of a subsequent
determination not to automatically renew that person's

SB2437 - 622 - LRB103 26700 AMC 53063 b
exemption and shall provide that person with an application to
renew the exemption.
(e) A taxpayer who claims an exemption under Section
15-165 or 15-169 may not claim an exemption under this
Section.
(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
102-895, eff. 5-23-22; revised 9-7-22.)
(35 ILCS 200/15-169)
Sec. 15-169. Homestead exemption for veterans with
disabilities.
(a) Beginning with taxable year 2007, an annual homestead
exemption, limited to the amounts set forth in subsections (b)
and (b-3), is granted for property that is used as a qualified
residence by a veteran with a disability.
(b) For taxable years prior to 2015, the amount of the
exemption under this Section is as follows:
(1) for veterans with a service-connected disability
of at least (i) 75% for exemptions granted in taxable
years 2007 through 2009 and (ii) 70% for exemptions
granted in taxable year 2010 and each taxable year
thereafter, as certified by the United States Department
of Veterans Affairs, the annual exemption is $5,000; and
(2) for veterans with a service-connected disability
of at least 50%, but less than (i) 75% for exemptions
granted in taxable years 2007 through 2009 and (ii) 70%

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for exemptions granted in taxable year 2010 and each
taxable year thereafter, as certified by the United States
Department of Veterans Affairs, the annual exemption is
$2,500.
(b-3) For taxable years 2015 and thereafter:
(1) if the veteran has a service connected disability
of 30% or more but less than 50%, as certified by the
United States Department of Veterans Affairs, then the
annual exemption is $2,500;
(2) if the veteran has a service connected disability
of 50% or more but less than 70%, as certified by the
United States Department of Veterans Affairs, then the
annual exemption is $5,000;
(3) if the veteran has a service connected disability
of 70% or more, as certified by the United States
Department of Veterans Affairs, then the property is
exempt from taxation under this Code; and
(4) for taxable year 2023 and thereafter, if the
taxpayer is the surviving spouse of a veteran whose death
was determined to be service-connected and who is
certified by the United States Department of Veterans
Affairs as a recipient of dependency and indemnity
compensation under federal law, then the property is also
exempt from taxation under this Code.
(b-5) If a homestead exemption is granted under this
Section and the person awarded the exemption subsequently

SB2437 - 624 - LRB103 26700 AMC 53063 b
becomes a resident of a facility licensed under the Nursing
Home Care Act or a facility operated by the United States
Department of Veterans Affairs, then the exemption shall
continue (i) so long as the residence continues to be occupied
by the qualifying person's spouse or (ii) if the residence
remains unoccupied but is still owned by the person who
qualified for the homestead exemption.
(c) The tax exemption under this Section carries over to
the benefit of the veteran's surviving spouse as long as the
spouse holds the legal or beneficial title to the homestead,
permanently resides thereon, and does not remarry. If the
surviving spouse sells the property, an exemption not to
exceed the amount granted from the most recent ad valorem tax
roll may be transferred to his or her new residence as long as
it is used as his or her primary residence and he or she does
not remarry.
As used in this subsection (c):
(1) for taxable years prior to 2015, "surviving
spouse" means the surviving spouse of a veteran who
obtained an exemption under this Section prior to his or
her death;
(2) for taxable years 2015 through 2022, "surviving
spouse" means (i) the surviving spouse of a veteran who
obtained an exemption under this Section prior to his or
her death and (ii) the surviving spouse of a veteran who
was killed in the line of duty at any time prior to the

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expiration of the application period in effect for the
exemption for the taxable year for which the exemption is
sought; and
(3) for taxable year 2023 and thereafter, "surviving
spouse" means: (i) the surviving spouse of a veteran who
obtained the exemption under this Section prior to his or
her death; (ii) the surviving spouse of a veteran who was
killed in the line of duty at any time prior to the
expiration of the application period in effect for the
exemption for the taxable year for which the exemption is
sought; (iii) the surviving spouse of a veteran who did
not obtain an exemption under this Section before death,
but who would have qualified for the exemption under this
Section in the taxable year for which the exemption is
sought if he or she had survived, and whose surviving
spouse has been a resident of Illinois from the time of the
veteran's death through the taxable year for which the
exemption is sought; and (iv) the surviving spouse of a
veteran whose death was determined to be
service-connected, but who would not otherwise qualify
under item items (i), (ii), or (iii), if the spouse (A) is
certified by the United States Department of Veterans
Affairs as a recipient of dependency and indemnity
compensation under federal law at any time prior to the
expiration of the application period in effect for the
exemption for the taxable year for which the exemption is

SB2437 - 626 - LRB103 26700 AMC 53063 b
sought and (B) remains eligible for that dependency and
indemnity compensation as of January 1 of the taxable year
for which the exemption is sought.
(c-1) Beginning with taxable year 2015, nothing in this
Section shall require the veteran to have qualified for or
obtained the exemption before death if the veteran was killed
in the line of duty.
(d) The exemption under this Section applies for taxable
year 2007 and thereafter. A taxpayer who claims an exemption
under Section 15-165 or 15-168 may not claim an exemption
under this Section.
(e) Except as otherwise provided in this subsection (e),
each taxpayer who has been granted an exemption under this
Section must reapply on an annual basis. Application must be
made during the application period in effect for the county of
his or her residence. The assessor or chief county assessment
officer may determine the eligibility of residential property
to receive the homestead exemption provided by this Section by
application, visual inspection, questionnaire, or other
reasonable methods. The determination must be made in
accordance with guidelines established by the Department.
On and after May 23, 2022 (the effective date of Public Act
102-895) this amendatory Act of the 102nd General Assembly, if
a veteran has a combined service connected disability rating
of 100% and is deemed to be permanently and totally disabled,
as certified by the United States Department of Veterans

SB2437 - 627 - LRB103 26700 AMC 53063 b
Affairs, the taxpayer who has been granted an exemption under
this Section shall no longer be required to reapply for the
exemption on an annual basis, and the exemption shall be in
effect for as long as the exemption would otherwise be
permitted under this Section.
(e-1) If the person qualifying for the exemption does not
occupy the qualified residence as of January 1 of the taxable
year, the exemption granted under this Section shall be
prorated on a monthly basis. The prorated exemption shall
apply beginning with the first complete month in which the
person occupies the qualified residence.
(e-5) Notwithstanding any other provision of law, each
chief county assessment officer may approve this exemption for
the 2020 taxable year, without application, for any property
that was approved for this exemption for the 2019 taxable
year, provided that:
(1) the county board has declared a local disaster as
provided in the Illinois Emergency Management Agency Act
related to the COVID-19 public health emergency;
(2) the owner of record of the property as of January
1, 2020 is the same as the owner of record of the property
as of January 1, 2019;
(3) the exemption for the 2019 taxable year has not
been determined to be an erroneous exemption as defined by
this Code; and
(4) the applicant for the 2019 taxable year has not

SB2437 - 628 - LRB103 26700 AMC 53063 b
asked for the exemption to be removed for the 2019 or 2020
taxable years.
Nothing in this subsection shall preclude a veteran whose
service connected disability rating has changed since the 2019
exemption was granted from applying for the exemption based on
the subsequent service connected disability rating.
(e-10) Notwithstanding any other provision of law, each
chief county assessment officer may approve this exemption for
the 2021 taxable year, without application, for any property
that was approved for this exemption for the 2020 taxable
year, if:
(1) the county board has declared a local disaster as
provided in the Illinois Emergency Management Agency Act
related to the COVID-19 public health emergency;
(2) the owner of record of the property as of January
1, 2021 is the same as the owner of record of the property
as of January 1, 2020;
(3) the exemption for the 2020 taxable year has not
been determined to be an erroneous exemption as defined by
this Code; and
(4) the taxpayer for the 2020 taxable year has not
asked for the exemption to be removed for the 2020 or 2021
taxable years.
Nothing in this subsection shall preclude a veteran whose
service connected disability rating has changed since the 2020
exemption was granted from applying for the exemption based on

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the subsequent service connected disability rating.
(f) For the purposes of this Section:
"Qualified residence" means real property, but less any
portion of that property that is used for commercial purposes,
with an equalized assessed value of less than $250,000 that is
the primary residence of a veteran with a disability. Property
rented for more than 6 months is presumed to be used for
commercial purposes.
"Veteran" means an Illinois resident who has served as a
member of the United States Armed Forces on active duty or
State active duty, a member of the Illinois National Guard, or
a member of the United States Reserve Forces and who has
received an honorable discharge.
(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
102-895, eff. 5-23-22; revised 9-6-22.)
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Division 5
may be cited as the Property Tax Extension Limitation Law. As
used in this Division 5:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the rate

SB2437 - 630 - LRB103 26700 AMC 53063 b
of increase approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000 or
more inhabitants.
"Taxing district" has the same meaning provided in Section
1-150, except as otherwise provided in this Section. For the
1991 through 1994 levy years only, "taxing district" includes
only each non-home rule taxing district having the majority of
its 1990 equalized assessed value within any county or
counties contiguous to a county with 3,000,000 or more
inhabitants. Beginning with the 1995 levy year, "taxing
district" includes only each non-home rule taxing district
subject to this Law before the 1995 levy year and each non-home
rule taxing district not subject to this Law before the 1995
levy year having the majority of its 1994 equalized assessed
value in an affected county or counties. Beginning with the
levy year in which this Law becomes applicable to a taxing
district as provided in Section 18-213, "taxing district" also
includes those taxing districts made subject to this Law as
provided in Section 18-213.
"Aggregate extension" for taxing districts to which this
Law applied before the 1995 levy year means the annual
corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing
district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general

SB2437 - 631 - LRB103 26700 AMC 53063 b
obligation bonds that were approved by referendum; (b) made
for any taxing district to pay interest or principal on
general obligation bonds issued before October 1, 1991; (c)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund those bonds
issued before October 1, 1991; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after October 1,
1991 that were approved by referendum; (e) made for any taxing
district to pay interest or principal on revenue bonds issued
before October 1, 1991 for payment of which a property tax levy
or the full faith and credit of the unit of local government is
pledged; however, a tax for the payment of interest or
principal on those bonds shall be made only after the
governing body of the unit of local government finds that all
other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before October 1, 1991, to pay for the
building project; (g) made for payments due under installment
contracts entered into before October 1, 1991; (h) made for
payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance
construction projects initiated before October 1, 1991; (i)
made for payments of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform

SB2437 - 632 - LRB103 26700 AMC 53063 b
Act, in an amount not to exceed the debt service extension base
less the amount in items (b), (c), (e), and (h) of this
definition for non-referendum obligations, except obligations
initially issued pursuant to referendum; (j) made for payments
of principal and interest on bonds issued under Section 15 of
the Local Government Debt Reform Act; (k) made by a school
district that participates in the Special Education District
of Lake County, created by special education joint agreement
under Section 10-22.31 of the School Code, for payment of the
school district's share of the amounts required to be
contributed by the Special Education District of Lake County
to the Illinois Municipal Retirement Fund under Article 7 of
the Illinois Pension Code; the amount of any extension under
this item (k) shall be certified by the school district to the
county clerk; (l) made to fund expenses of providing joint
recreational programs for persons with disabilities under
Section 5-8 of the Park District Code or Section 11-95-14 of
the Illinois Municipal Code; (m) made for temporary relocation
loan repayment purposes pursuant to Sections 2-3.77 and
17-2.2d of the School Code; (n) made for payment of principal
and interest on any bonds issued under the authority of
Section 17-2.2d of the School Code; (o) made for contributions
to a firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code;
and (p) made for road purposes in the first year after a

SB2437 - 633 - LRB103 26700 AMC 53063 b
township assumes the rights, powers, duties, assets, property,
liabilities, obligations, and responsibilities of a road
district abolished under the provisions of Section 6-133 of
the Illinois Highway Code.
"Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except taxing
districts subject to this Law in accordance with Section
18-213) means the annual corporate extension for the taxing
district and those special purpose extensions that are made
annually for the taxing district, excluding special purpose
extensions: (a) made for the taxing district to pay interest
or principal on general obligation bonds that were approved by
referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before March
1, 1995; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund
those bonds issued before March 1, 1995; (d) made for any
taxing district to pay interest or principal on bonds issued
to refund or continue to refund bonds issued after March 1,
1995 that were approved by referendum; (e) made for any taxing
district to pay interest or principal on revenue bonds issued
before March 1, 1995 for payment of which a property tax levy
or the full faith and credit of the unit of local government is
pledged; however, a tax for the payment of interest or
principal on those bonds shall be made only after the
governing body of the unit of local government finds that all

SB2437 - 634 - LRB103 26700 AMC 53063 b
other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before March 1, 1995 to pay for the
building project; (g) made for payments due under installment
contracts entered into before March 1, 1995; (h) made for
payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance
construction projects initiated before October 1, 1991; (h-4)
made for stormwater management purposes by the Metropolitan
Water Reclamation District of Greater Chicago under Section 12
of the Metropolitan Water Reclamation District Act; (h-8) made
for payments of principal and interest on bonds issued under
Section 9.6a of the Metropolitan Water Reclamation District
Act to make contributions to the pension fund established
under Article 13 of the Illinois Pension Code; (i) made for
payments of principal and interest on limited bonds, as
defined in Section 3 of the Local Government Debt Reform Act,
in an amount not to exceed the debt service extension base less
the amount in items (b), (c), and (e) of this definition for
non-referendum obligations, except obligations initially
issued pursuant to referendum and bonds described in
subsections (h) and (h-8) of this definition; (j) made for
payments of principal and interest on bonds issued under
Section 15 of the Local Government Debt Reform Act; (k) made
for payments of principal and interest on bonds authorized by

SB2437 - 635 - LRB103 26700 AMC 53063 b
Public Act 88-503 and issued under Section 20a of the Chicago
Park District Act for aquarium or museum projects and bonds
issued under Section 20a of the Chicago Park District Act for
the purpose of making contributions to the pension fund
established under Article 12 of the Illinois Pension Code; (l)
made for payments of principal and interest on bonds
authorized by Public Act 87-1191 or 93-601 and (i) issued
pursuant to Section 21.2 of the Cook County Forest Preserve
District Act, (ii) issued under Section 42 of the Cook County
Forest Preserve District Act for zoological park projects, or
(iii) issued under Section 44.1 of the Cook County Forest
Preserve District Act for botanical gardens projects; (m) made
pursuant to Section 34-53.5 of the School Code, whether levied
annually or not; (n) made to fund expenses of providing joint
recreational programs for persons with disabilities under
Section 5-8 of the Park District Code or Section 11-95-14 of
the Illinois Municipal Code; (o) made by the Chicago Park
District for recreational programs for persons with
disabilities under subsection (c) of Section 7.06 of the
Chicago Park District Act; (p) made for contributions to a
firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code;
(q) made by Ford Heights School District 169 under Section
17-9.02 of the School Code; and (r) made for the purpose of
making employer contributions to the Public School Teachers'

SB2437 - 636 - LRB103 26700 AMC 53063 b
Pension and Retirement Fund of Chicago under Section 34-53 of
the School Code.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except for
those taxing districts subject to paragraph (2) of subsection
(e) of Section 18-213, means the annual corporate extension
for the taxing district and those special purpose extensions
that are made annually for the taxing district, excluding
special purpose extensions: (a) made for the taxing district
to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district
to pay interest or principal on general obligation bonds
issued before the date on which the referendum making this Law
applicable to the taxing district is held; (c) made for any
taxing district to pay interest or principal on bonds issued
to refund or continue to refund those bonds issued before the
date on which the referendum making this Law applicable to the
taxing district is held; (d) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the date on which the
referendum making this Law applicable to the taxing district
is held if the bonds were approved by referendum after the date
on which the referendum making this Law applicable to the
taxing district is held; (e) made for any taxing district to
pay interest or principal on revenue bonds issued before the
date on which the referendum making this Law applicable to the

SB2437 - 637 - LRB103 26700 AMC 53063 b
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before the date on which the
referendum making this Law applicable to the taxing district
is held to pay for the building project; (g) made for payments
due under installment contracts entered into before the date
on which the referendum making this Law applicable to the
taxing district is held; (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest on
bonds issued under Section 15 of the Local Government Debt
Reform Act; (j) made for a qualified airport authority to pay
interest or principal on general obligation bonds issued for
the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into

SB2437 - 638 - LRB103 26700 AMC 53063 b
before March 1, 1996 (but not including any amendments to such
a contract taking effect on or after that date); (k) made to
fund expenses of providing joint recreational programs for
persons with disabilities under Section 5-8 of the Park
District Code or Section 11-95-14 of the Illinois Municipal
Code; (l) made for contributions to a firefighter's pension
fund created under Article 4 of the Illinois Pension Code, to
the extent of the amount certified under item (5) of Section
4-134 of the Illinois Pension Code; and (m) made for the taxing
district to pay interest or principal on general obligation
bonds issued pursuant to Section 19-3.10 of the School Code.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with paragraph (2) of
subsection (e) of Section 18-213 means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before March 7, 1997 (the effective
date of Public Act 89-718); (c) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before March 7, 1997
(the effective date of Public Act 89-718); (d) made for any
taxing district to pay interest or principal on bonds issued

SB2437 - 639 - LRB103 26700 AMC 53063 b
to refund or continue to refund bonds issued after March 7,
1997 (the effective date of Public Act 89-718) if the bonds
were approved by referendum after March 7, 1997 (the effective
date of Public Act 89-718); (e) made for any taxing district to
pay interest or principal on revenue bonds issued before March
7, 1997 (the effective date of Public Act 89-718) for payment
of which a property tax levy or the full faith and credit of
the unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before March 7,
1997 (the effective date of Public Act 89-718) to pay for the
building project; (g) made for payments due under installment
contracts entered into before March 7, 1997 (the effective
date of Public Act 89-718); (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest on
bonds issued under Section 15 of the Local Government Debt
Reform Act; (j) made for a qualified airport authority to pay

SB2437 - 640 - LRB103 26700 AMC 53063 b
interest or principal on general obligation bonds issued for
the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to such
a contract taking effect on or after that date); (k) made to
fund expenses of providing joint recreational programs for
persons with disabilities under Section 5-8 of the Park
District Code or Section 11-95-14 of the Illinois Municipal
Code; and (l) made for contributions to a firefighter's
pension fund created under Article 4 of the Illinois Pension
Code, to the extent of the amount certified under item (5) of
Section 4-134 of the Illinois Pension Code.
"Debt service extension base" means an amount equal to
that portion of the extension for a taxing district for the
1994 levy year, or for those taxing districts subject to this
Law in accordance with Section 18-213, except for those
subject to paragraph (2) of subsection (e) of Section 18-213,
for the levy year in which the referendum making this Law
applicable to the taxing district is held, or for those taxing
districts subject to this Law in accordance with paragraph (2)
of subsection (e) of Section 18-213 for the 1996 levy year,
constituting an extension for payment of principal and
interest on bonds issued by the taxing district without
referendum, but not including excluded non-referendum bonds.
For park districts (i) that were first subject to this Law in

SB2437 - 641 - LRB103 26700 AMC 53063 b
1991 or 1995 and (ii) whose extension for the 1994 levy year
for the payment of principal and interest on bonds issued by
the park district without referendum (but not including
excluded non-referendum bonds) was less than 51% of the amount
for the 1991 levy year constituting an extension for payment
of principal and interest on bonds issued by the park district
without referendum (but not including excluded non-referendum
bonds), "debt service extension base" means an amount equal to
that portion of the extension for the 1991 levy year
constituting an extension for payment of principal and
interest on bonds issued by the park district without
referendum (but not including excluded non-referendum bonds).
A debt service extension base established or increased at any
time pursuant to any provision of this Law, except Section
18-212, shall be increased each year commencing with the later
of (i) the 2009 levy year or (ii) the first levy year in which
this Law becomes applicable to the taxing district, by the
lesser of 5% or the percentage increase in the Consumer Price
Index during the 12-month calendar year preceding the levy
year. The debt service extension base may be established or
increased as provided under Section 18-212. "Excluded
non-referendum bonds" means (i) bonds authorized by Public Act
88-503 and issued under Section 20a of the Chicago Park
District Act for aquarium and museum projects; (ii) bonds
issued under Section 15 of the Local Government Debt Reform
Act; or (iii) refunding obligations issued to refund or to

SB2437 - 642 - LRB103 26700 AMC 53063 b
continue to refund obligations initially issued pursuant to
referendum.
"Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant
to Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or not.
The extension for a special service area is not included in the
aggregate extension.
"Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
levy year 2022, for taxing districts that are specified in
Section 18-190.7, the taxing district's aggregate extension
base shall be calculated as provided in Section 18-190.7. An
adjustment under Section 18-135 shall be made for the 2007
levy year and all subsequent levy years whenever one or more
counties within which a taxing district is located (i) used
estimated valuations or rates when extending taxes in the
taxing district for the last preceding levy year that resulted
in the over or under extension of taxes, or (ii) increased or
decreased the tax extension for the last preceding levy year
as required by Section 18-135(c). Whenever an adjustment is
required under Section 18-135, the aggregate extension base of
the taxing district shall be equal to the amount that the

SB2437 - 643 - LRB103 26700 AMC 53063 b
aggregate extension of the taxing district would have been for
the last preceding levy year if either or both (i) actual,
rather than estimated, valuations or rates had been used to
calculate the extension of taxes for the last levy year, or
(ii) the tax extension for the last preceding levy year had not
been adjusted as required by subsection (c) of Section 18-135.
Notwithstanding any other provision of law, for levy year
2012, the aggregate extension base for West Northfield School
District No. 31 in Cook County shall be $12,654,592.
Notwithstanding any other provision of law, for levy year
2022, the aggregate extension base of a home equity assurance
program that levied at least $1,000,000 in property taxes in
levy year 2019 or 2020 under the Home Equity Assurance Act
shall be the amount that the program's aggregate extension
base for levy year 2021 would have been if the program had
levied a property tax for levy year 2021.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final
board of review or board of appeals action, of new
improvements or additions to existing improvements on any
parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the
equalization factor issued by the Department under Section
17-30, (ii) the assessed value, after final board of review or
board of appeals action, of real property not exempt from real

SB2437 - 644 - LRB103 26700 AMC 53063 b
estate taxation, which real property was exempt from real
estate taxation for any portion of the immediately preceding
levy year, multiplied by the equalization factor issued by the
Department under Section 17-30, including the assessed value,
upon final stabilization of occupancy after new construction
is complete, of any real property located within the
boundaries of an otherwise or previously exempt military
reservation that is intended for residential use and owned by
or leased to a private corporation or other entity, (iii) in
counties that classify in accordance with Section 4 of Article
IX of the Illinois Constitution, an incentive property's
additional assessed value resulting from a scheduled increase
in the level of assessment as applied to the first year final
board of review market value, and (iv) any increase in
assessed value due to oil or gas production from an oil or gas
well required to be permitted under the Hydraulic Fracturing
Regulatory Act that was not produced in or accounted for
during the previous levy year. In addition, the county clerk
in a county containing a population of 3,000,000 or more shall
include in the 1997 recovered tax increment value for any
school district, any recovered tax increment value that was
applicable to the 1995 tax year calculations.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.

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"Recovered tax increment value" means, except as otherwise
provided in this paragraph, the amount of the current year's
equalized assessed value, in the first year after a
municipality terminates the designation of an area as a
redevelopment project area previously established under the
Tax Increment Allocation Redevelopment Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, previously
established under the Economic Development Project Area Tax
Increment Act of 1995, or previously established under the
Economic Development Area Tax Increment Allocation Act, of
each taxable lot, block, tract, or parcel of real property in
the redevelopment project area over and above the initial
equalized assessed value of each property in the redevelopment
project area. For the taxes which are extended for the 1997
levy year, the recovered tax increment value for a non-home
rule taxing district that first became subject to this Law for
the 1995 levy year because a majority of its 1994 equalized
assessed value was in an affected county or counties shall be
increased if a municipality terminated the designation of an
area in 1993 as a redevelopment project area previously
established under the Tax Increment Allocation Redevelopment
Act in the Illinois Municipal Code, previously established
under the Industrial Jobs Recovery Law in the Illinois
Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, by an amount

SB2437 - 646 - LRB103 26700 AMC 53063 b
equal to the 1994 equalized assessed value of each taxable
lot, block, tract, or parcel of real property in the
redevelopment project area over and above the initial
equalized assessed value of each property in the redevelopment
project area. In the first year after a municipality removes a
taxable lot, block, tract, or parcel of real property from a
redevelopment project area established under the Tax Increment
Allocation Redevelopment Act in the Illinois Municipal Code,
the Industrial Jobs Recovery Law in the Illinois Municipal
Code, or the Economic Development Area Tax Increment
Allocation Act, "recovered tax increment value" means the
amount of the current year's equalized assessed value of each
taxable lot, block, tract, or parcel of real property removed
from the redevelopment project area over and above the initial
equalized assessed value of that real property before removal
from the redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to
one plus the extension limitation defined in this Section and
the denominator of which is the current year's equalized
assessed value of all real property in the territory under the
jurisdiction of the taxing district during the prior levy
year. For those taxing districts that reduced their aggregate
extension for the last preceding levy year, except for school
districts that reduced their extension for educational

SB2437 - 647 - LRB103 26700 AMC 53063 b
purposes pursuant to Section 18-206, the highest aggregate
extension in any of the last 3 preceding levy years shall be
used for the purpose of computing the limiting rate. The
denominator shall not include new property or the recovered
tax increment value. If a new rate, a rate decrease, or a
limiting rate increase has been approved at an election held
after March 21, 2006, then (i) the otherwise applicable
limiting rate shall be increased by the amount of the new rate
or shall be reduced by the amount of the rate decrease, as the
case may be, or (ii) in the case of a limiting rate increase,
the limiting rate shall be equal to the rate set forth in the
proposition approved by the voters for each of the years
specified in the proposition, after which the limiting rate of
the taxing district shall be calculated as otherwise provided.
In the case of a taxing district that obtained referendum
approval for an increased limiting rate on March 20, 2012, the
limiting rate for tax year 2012 shall be the rate that
generates the approximate total amount of taxes extendable for
that tax year, as set forth in the proposition approved by the
voters; this rate shall be the final rate applied by the county
clerk for the aggregate of all capped funds of the district for
tax year 2012.
(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.
4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; revised
8-29-22.)

SB2437 - 648 - LRB103 26700 AMC 53063 b
(35 ILCS 200/18-190.7)
Sec. 18-190.7. Alternative aggregate extension base for
certain taxing districts; recapture.
(a) This Section applies to the following taxing districts
that are subject to this Division 5:
(1) school districts that have a designation of
recognition or review according to the State Board of
Education's School District Financial Profile System as of
the first day of the levy year for which the taxing
district seeks to increase its aggregate extension under
this Section;
(2) park districts;
(3) library districts; and
(4) community college districts.
(b) Subject to the limitations of subsection (c),
beginning in levy year 2022, a taxing district specified in
subsection (a) may recapture certain levy amounts that are
otherwise unavailable to the taxing district as a result of
the taxing district not extending the maximum amount permitted
under this Division 5 in a previous levy year. For that
purpose, the taxing district's aggregate extension base shall
be the greater of: (1) the taxing district's aggregate
extension limit; or (2) the taxing district's last preceding
aggregate extension, as adjusted under Sections 18-135,
18-215, 18-230, 18-206, and 18-233.

SB2437 - 649 - LRB103 26700 AMC 53063 b
(c) Notwithstanding the provisions of this Section, the
aggregate extension of a taxing district that uses an
aggregate extension limit under this Section for a particular
levy year may not exceed the taxing district's aggregate
extension for the immediately preceding levy year by more than
5% unless the increase is approved by the voters under Section
18-205; however, if a taxing district is unable to recapture
the entire unrealized levy amount in a single levy year due to
the limitations of this subsection (c), the taxing district
may increase its aggregate extension in each immediately
succeeding levy year until the entire levy amount is
recaptured, except that the increase in each succeeding levy
year may not exceed the greater of (i) 5% or (ii) the increase
approved by the voters under Section 18-205.
In order to be eligible for recapture under this Section,
the taxing district must certify to the county clerk that the
taxing district did not extend the maximum amount permitted
under this Division 5 for a particular levy year. That
certification must be made not more than 60 days after the
taxing district files its levy ordinance or resolution with
the county clerk for the levy year for which the taxing
district did not extend the maximum amount permitted under
this Division 5.
(d) As used in this Section, "aggregate extension limit"
means the taxing district's last preceding aggregate extension
if the district had utilized the maximum limiting rate

SB2437 - 650 - LRB103 26700 AMC 53063 b
permitted without referendum for each of the 3 immediately
preceding levy years, as adjusted under Sections Section
18-135, 18-215, 18-230, 18-206, and 18-233.
(Source: P.A. 102-895, eff. 5-23-22; revised 9-6-22.)
(35 ILCS 200/22-10)
Sec. 22-10. Notice of expiration of period of redemption.
A purchaser or assignee shall not be entitled to a tax deed to
the property sold unless, not less than 3 months nor more than
6 months prior to the expiration of the period of redemption,
he or she gives notice of the sale and the date of expiration
of the period of redemption to the owners, occupants, and
parties interested in the property, including any mortgagee of
record, as provided below. the
The Notice to be given to the parties shall be in at least
10-point 10 point type in the following form completely filled
in:
TAX DEED NO. .................... FILED ....................
TAKE NOTICE
County of ...............................................
Date Premises Sold ......................................
Certificate No. ........................................
Sold for General Taxes of (year) ........................
Sold for Special Assessment of (Municipality)
and special assessment number ...........................
Warrant No. ................ Inst. No. .................

SB2437 - 651 - LRB103 26700 AMC 53063 b
THIS PROPERTY HAS BEEN SOLD FOR
DELINQUENT TAXES
Property located at .........................................
Legal Description or Property Index No. .....................
.............................................................
.............................................................
This notice is to advise you that the above property has
been sold for delinquent taxes and that the period of
redemption from the sale will expire on .....................
.............................................................
The amount to redeem is subject to increase at 6 month
intervals from the date of sale and may be further increased if
the purchaser at the tax sale or his or her assignee pays any
subsequently accruing taxes or special assessments to redeem
the property from subsequent forfeitures or tax sales. Check
with the county clerk as to the exact amount you owe before
redeeming.
This notice is also to advise you that a petition has been
filed for a tax deed which will transfer title and the right to
possession of this property if redemption is not made on or
before ......................................................
This matter is set for hearing in the Circuit Court of this
county in ...., Illinois on .....
You may be present at this hearing but your right to redeem
will already have expired at that time.
YOU ARE URGED TO REDEEM IMMEDIATELY

SB2437 - 652 - LRB103 26700 AMC 53063 b
TO PREVENT LOSS OF PROPERTY
Redemption can be made at any time on or before .... by
applying to the County Clerk of ...., County, Illinois at the
Office of the County Clerk in ...., Illinois.
For further information contact the County Clerk
ADDRESS:....................
TELEPHONE:..................
..........................
Purchaser or Assignee.
Dated (insert date).
In counties with 3,000,000 or more inhabitants, the notice
shall also state the address, room number, and time at which
the matter is set for hearing.
The changes to this Section made by Public Act 97-557
apply only to matters in which a petition for tax deed is filed
on or after July 1, 2012 (the effective date of Public Act
97-557).
The changes to this Section made by Public Act 102-1003
this amendatory Act of the 102nd General Assembly apply to
matters in which a petition for tax deed is filed on or after
May 27, 2022 (the effective date of Public Act 102-1003) this
amendatory Act of the 102nd General Assembly. Failure of any
party or any public official to comply with the changes made to
this Section by Public Act 102-528 does not invalidate any tax

SB2437 - 653 - LRB103 26700 AMC 53063 b
deed issued prior to May 27, 2022 (the effective date of Public
Act 102-1003) this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-528, eff. 1-1-22; 102-813, eff. 5-13-22;
102-1003, eff. 5-27-22; revised 9-1-22.)
(35 ILCS 200/22-25)
Sec. 22-25. Mailed notice. In addition to the notice
required to be served not less than one month nor more than 6
months prior to the expiration of the period of redemption,
the purchaser or his or her assignee shall prepare and deliver
to the clerk of the Circuit Court of the county in which the
property is located, not more than 6 months and not less than
111 days prior to the expiration of the period of redemption,
the notice provided for in this Section, together with the
statutory costs for mailing the notice by certified mail,
return receipt requested. The form of notice to be mailed by
the clerk shall be identical in form to that provided by
Section 22-10 for service upon owners residing upon the
property sold, except that it shall bear the signature of the
clerk instead of the name of the purchaser or assignee and
shall designate the parties to whom it is to be mailed. The
clerk may furnish the form. The clerk shall mail the notices
delivered to him or her by certified mail, return receipt
requested, not less than 3 months prior to the expiration of
the period of redemption. The certificate of the clerk that he

SB2437 - 654 - LRB103 26700 AMC 53063 b
or she has mailed the notices, together with the return
receipts, shall be filed in and made a part of the court
record. The notices shall be mailed to the owners of the
property at their last known addresses, and to those persons
who are entitled to service of notice as occupants.
The changes to this Section made by Public Act 97-557 this
amendatory Act of the 97th General Assembly shall be construed
as being declaratory of existing law and not as a new
enactment.
The changes to this Section made by Public Act 102-1003
this amendatory Act of the 102nd General Assembly apply to
matters in which a petition for tax deed is filed on or after
May 27, 2022 (the effective date of Public Act 102-1003) this
amendatory Act of the 102nd General Assembly. Failure of any
party or any public official to comply with the changes made to
this Section by Public Act 102-528 does not invalidate any tax
deed issued prior to May 27, 2022 (the effective date of Public
Act 102-1003) this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-528, eff. 1-1-22; 102-815, eff. 5-13-22;
102-1003, eff. 5-27-22; revised 8-12-22.)
Section 220. The Parking Excise Tax Act is amended by
changing Section 10-20 as follows:
(35 ILCS 525/10-20)

SB2437 - 655 - LRB103 26700 AMC 53063 b
Sec. 10-20. Exemptions. The tax imposed by this Act shall
not apply to:
(1) Parking in a parking area or garage operated by
the federal government or its instrumentalities that has
been issued an active tax exemption number by the
Department under Section 1g of the Retailers' Occupation
Tax Act; for this exemption to apply, the parking area or
garage must be operated by the federal government or its
instrumentalities; the exemption under this paragraph (1)
does not apply if the parking area or garage is operated by
a third party, whether under a lease or other contractual
arrangement, or any other manner whatsoever.
(2) Residential off-street parking for home or
apartment tenants or condominium occupants, if the
arrangement for such parking is provided in the home or
apartment lease or in a separate writing between the
landlord and tenant, or in a condominium agreement between
the condominium association and the owner, occupant, or
guest of a unit, whether the parking charge is payable to
the landlord, condominium association, or to the operator
of the parking spaces.
(3) Parking by hospital employees in a parking space
that is owned and operated by the hospital for which they
work.
(4) Parking in a parking area or garage where 3 or
fewer motor vehicles are stored, housed, or parked for

SB2437 - 656 - LRB103 26700 AMC 53063 b
hire, charge, fee, or other valuable consideration, if the
operator of the parking area or garage does not act as the
operator of more than a total of 3 parking spaces located
in the State; if any operator of parking areas or garages,
including any facilitator or aggregator, acts as an
operator of more than 3 parking spaces in total that are
located in the State, then this exemption shall not apply
to any of those spaces.
(5) For the duration of the Illinois State Fair or the
DuQuoin State Fair, parking in a parking area or garage
operated for the use of attendees, vendors, or employees
of the State Fair and not otherwise subject to taxation
under this Act in the ordinary course of business.
(6) Parking in a parking area or garage operated by
the State, a State university created by statute, or a
unit of local government that has been issued an active
tax exemption number by the Department under Section 1g of
the Retailers' Occupation Tax Act; the parking area or
garage must be operated by the State, State university, or
unit of local government; the exemption under this
paragraph does not apply if the parking area or garage is
operated by a third party, whether under a lease or other
contractual arrangement, or held in any other manner,
unless the parking area or garage is exempt under
paragraph (5).
(7) Parking in a parking area or garage owned and

SB2437 - 657 - LRB103 26700 AMC 53063 b
operated by a person engaged in the business of renting
real estate if the parking area or garage is used by the
lessee to park motor vehicles, recreational vehicles, or
self-propelled vehicles for the lessee's own use and not
for the purpose of subleasing parking spaces for
consideration.
(8) The purchase of a parking space by the State, a
State university created by statute, or a unit of local
government that has been issued an active tax exemption
number by the Department under Section 1g of the
Retailers' Occupation Tax Act, for use by employees of the
State, State university, or unit of local government,
provided that the purchase price is paid directly by the
governmental entity.
(9) Parking in a parking space leased to a
governmental entity that is exempt pursuant to paragraph
(1) or (6) when the exempt entity rents or leases the
parking spaces in the parking area or garage to the
public; the purchase price must be paid by the
governmental entity; the exempt governmental entity is
exempt from collecting tax subject to the provisions of
paragraph (1) or (6), as applicable, when renting or
leasing the parking spaces to the public.
(Source: P.A. 101-31, eff. 6-28-19; 102-920, eff. 5-27-22;
revised 9-6-22.)

SB2437 - 658 - LRB103 26700 AMC 53063 b
Section 225. The Illinois Pension Code is amended by
changing Sections 7-144, 16-203, and 17-149 as follows:
(40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
Sec. 7-144. Retirement annuities; suspended annuities -
suspended during employment.
(a) If any person receiving any annuity again becomes an
employee and receives earnings from employment in a position
requiring him, or entitling him to elect, to become a
participating employee, then the annuity payable to such
employee shall be suspended as of the first 1st day of the
month coincidental with or next following the date upon which
such person becomes such an employee, unless the person is
authorized under subsection (b) of Section 7-137.1 of this
Code to continue receiving a retirement annuity during that
period. Upon proper qualification of the participating
employee payment of such annuity may be resumed on the first
1st day of the month following such qualification and upon
proper application therefor. The participating employee in
such case shall be entitled to a supplemental annuity arising
from service and credits earned subsequent to such re-entry as
a participating employee.
Notwithstanding any other provision of this Article, an
annuitant shall be considered a participating employee if he
or she returns to work as an employee with a participating
employer and works more than 599 hours annually (or 999 hours

SB2437 - 659 - LRB103 26700 AMC 53063 b
annually with a participating employer that has adopted a
resolution pursuant to subsection (e) of Section 7-137 of this
Code). Each of these annual periods shall commence on the
month and day upon which the annuitant is first employed with
the participating employer following the effective date of the
annuity.
(a-5) If any annuitant under this Article must be
considered a participating employee per the provisions of
subsection (a) of this Section, and the participating
municipality or participating instrumentality that employs or
re-employs that annuitant knowingly fails to notify the Board
to suspend the annuity, the participating municipality or
participating instrumentality may be required to reimburse the
Fund for an amount up to one-half of the total of any annuity
payments made to the annuitant after the date the annuity
should have been suspended, as determined by the Board. In no
case shall the total amount repaid by the annuitant plus any
amount reimbursed by the employer to the Fund be more than the
total of all annuity payments made to the annuitant after the
date the annuity should have been suspended. This subsection
shall not apply if the annuitant returned to work for the
employer for less than 12 months.
The Fund shall notify all annuitants that they must notify
the Fund immediately if they return to work for any
participating employer. The notification by the Fund shall
occur upon retirement and no less than annually thereafter in

SB2437 - 660 - LRB103 26700 AMC 53063 b
a format determined by the Fund. The Fund shall also develop
and maintain a system to track annuitants who have returned to
work and notify the participating employer and annuitant at
least annually of the limitations on returning to work under
this Section.
(b) Supplemental annuities to persons who return to
service for less than 48 months shall be computed under the
provisions of Sections 7-141, 7-142, and 7-143. In determining
whether an employee is eligible for an annuity which requires
a minimum period of service, his entire period of service
shall be taken into consideration but the supplemental annuity
shall be based on earnings and service in the supplemental
period only. The effective date of the suspended and
supplemental annuity for the purpose of increases after
retirement shall be considered to be the effective date of the
suspended annuity.
(c) Supplemental annuities to persons who return to
service for 48 months or more shall be a monthly amount
determined as follows:
(1) An amount shall be computed under subparagraph b
of paragraph (1) of subsection (a) of Section 7-142,
considering all of the service credits of the employee. ;
(2) The actuarial value in monthly payments for life
of the annuity payments made before suspension shall be
determined and subtracted from the amount determined in
paragraph (1) above. ;

SB2437 - 661 - LRB103 26700 AMC 53063 b
(3) The monthly amount of the suspended annuity, with
any applicable increases after retirement computed from
the effective date to the date of reinstatement, shall be
subtracted from the amount determined in paragraph (2)
above and the remainder shall be the amount of the
supplemental annuity provided that this amount shall not
be less than the amount computed under subsection (b) of
this Section.
(4) The suspended annuity shall be reinstated at an
amount including any increases after retirement from the
effective date to date of reinstatement.
(5) The effective date of the combined suspended and
supplemental annuities for the purposes of increases after
retirement shall be considered to be the effective date of
the supplemental annuity.
(d) If a Tier 2 regular employee becomes a member or
participant under any other system or fund created by this
Code and is employed on a full-time basis, except for those
members or participants exempted from the provisions of
subsection (a) of Section 1-160 of this Code (other than a
participating employee under this Article), then the person's
retirement annuity shall be suspended during that employment.
Upon termination of that employment, the person's retirement
annuity shall resume and be recalculated as required by this
Section.
(e) If a Tier 2 regular employee first began participation

SB2437 - 662 - LRB103 26700 AMC 53063 b
on or after January 1, 2012 and is receiving a retirement
annuity and accepts on a contractual basis a position to
provide services to a governmental entity from which he or she
has retired, then that person's annuity or retirement pension
shall be suspended during that contractual service,
notwithstanding the provisions of any other Section in this
Article. Such annuitant shall notify the Fund, as well as his
or her contractual employer, of his or her retirement status
before accepting contractual employment. A person who fails to
submit such notification shall be guilty of a Class A
misdemeanor and required to pay a fine of $1,000. Upon
termination of that contractual employment, the person's
retirement annuity shall resume and be recalculated as
required by this Section.
(Source: P.A. 102-210, eff. 1-1-22; revised 8-19-22.)
(40 ILCS 5/16-203)
Sec. 16-203. 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

SB2437 - 663 - LRB103 26700 AMC 53063 b
the changes made to Article 1 or this Article by Public Act
95-910, Public Act 100-23, Public Act 100-587, Public Act
100-743, Public Act 100-769, Public Act 101-10, Public Act
101-49, Public Act 102-16, or Public Act 102-871 Public Act
102-16 this amendatory Act of the 102nd 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

SB2437 - 664 - LRB103 26700 AMC 53063 b
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. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19;
101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff.
8-20-21; 102-813, eff. 5-13-22; 102-871, eff. 5-13-22; revised
7-26-22.)
(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)

SB2437 - 665 - LRB103 26700 AMC 53063 b
Sec. 17-149. Cancellation of pensions.
(a) If any person receiving a disability retirement
pension from the Fund is re-employed as a teacher by an
Employer, the pension shall be cancelled on the date the
re-employment begins, or on the first day of a payroll period
for which service credit was validated, whichever is earlier.
(b) If any person receiving a service retirement pension
from the Fund is re-employed as a teacher on a permanent or
annual basis by an Employer, the pension shall be cancelled on
the date the re-employment begins, or on the first day of a
payroll period for which service credit was validated,
whichever is earlier. However, subject to the limitations and
requirements of subsection subsections (c-5) or (c-10), (c-6),
and (c-7), or (c-10), the pension shall not be cancelled in the
case of a service retirement pensioner who is re-employed on a
temporary and non-annual basis or on an hourly basis.
(c) If the date of re-employment on a permanent or annual
basis occurs within 5 school months after the date of previous
retirement, exclusive of any vacation period, the member shall
be deemed to have been out of service only temporarily and not
permanently retired. Such person shall be entitled to pension
payments for the time he could have been employed as a teacher
and received salary, but shall not be entitled to pension for
or during the summer vacation prior to his return to service.
When the member again retires on pension, the time of
service and the money contributed by him during re-employment

SB2437 - 666 - LRB103 26700 AMC 53063 b
shall be added to the time and money previously credited. Such
person must acquire 3 consecutive years of additional
contributing service before he may retire again on a pension
at a rate and under conditions other than those in force or
attained at the time of his previous retirement.
(c-5) For school years beginning on or after July 1, 2019
and before July 1, 2022, the service retirement pension shall
not be cancelled in the case of a service retirement pensioner
who is re-employed as a teacher on a temporary and non-annual
basis or on an hourly basis, so long as the person (1) does not
work as a teacher for compensation on more than 120 days in a
school year or (2) does not accept gross compensation for the
re-employment in a school year in excess of (i) $30,000 or (ii)
in the case of a person who retires with at least 5 years of
service as a principal, an amount that is equal to the daily
rate normally paid to retired principals multiplied by 100.
These limitations apply only to school years that begin on or
after July 1, 2019 and before July 1, 2022. Such re-employment
does not require contributions, result in service credit, or
constitute active membership in the Fund.
The service retirement pension shall not be cancelled in
the case of a service retirement pensioner who is re-employed
as a teacher on a temporary and non-annual basis or on an
hourly basis, so long as the person (1) does not work as a
teacher for compensation on more than 100 days in a school year
or (2) does not accept gross compensation for the

SB2437 - 667 - LRB103 26700 AMC 53063 b
re-employment in a school year in excess of (i) $30,000 or (ii)
in the case of a person who retires with at least 5 years of
service as a principal, an amount that is equal to the daily
rate normally paid to retired principals multiplied by 100.
These limitations apply only to school years that begin on or
after August 8, 2012 (the effective date of Public Act 97-912)
and before July 1, 2019. Such re-employment does not require
contributions, result in service credit, or constitute active
membership in the Fund.
Notwithstanding the 120-day limit set forth in item (1) of
this subsection (c-5), the service retirement pension shall
not be cancelled in the case of a service retirement pensioner
who teaches only driver education courses after regular school
hours and does not teach any other subject area, so long as the
person does not work as a teacher for compensation for more
than 900 hours in a school year. The $30,000 limit set forth in
subitem (i) of item (2) of this subsection (c-5) shall apply to
a service retirement pensioner who teaches only driver
education courses after regular school hours and does not
teach any other subject area.
To be eligible for such re-employment without cancellation
of pension, the pensioner must notify the Fund and the Board of
Education of his or her intention to accept re-employment
under this subsection (c-5) before beginning that
re-employment (or if the re-employment began before August 8,
2012 (the effective date of Public Act 97-912) this amendatory

SB2437 - 668 - LRB103 26700 AMC 53063 b
Act, then within 30 days after that effective date).
An Employer must certify to the Fund the temporary and
non-annual or hourly status and the compensation of each
pensioner re-employed under this subsection at least
quarterly, and when the pensioner is approaching the earnings
limitation under this subsection.
If the pensioner works more than 100 days or accepts
excess gross compensation for such re-employment in any school
year that begins on or after August 8, 2012 (the effective date
of Public Act 97-912), the service retirement pension shall
thereupon be cancelled.
If the pensioner who only teaches drivers education
courses after regular school hours works more than 900 hours
or accepts excess gross compensation for such re-employment in
any school year that begins on or after August 12, 2016 (the
effective date of Public Act 99-786) this amendatory Act of
the 99th General Assembly, the service retirement pension
shall thereupon be cancelled.
If the pensioner works more than 120 days or accepts
excess gross compensation for such re-employment in any school
year that begins on or after July 1, 2019, the service
retirement pension shall thereupon be cancelled.
The Board of the Fund shall adopt rules for the
implementation and administration of this subsection.
(c-6) For school years beginning on or after July 1, 2022
and before July 1, 2024, the service retirement pension shall

SB2437 - 669 - LRB103 26700 AMC 53063 b
not be cancelled in the case of a service retirement pensioner
who is re-employed as a teacher or an administrator on a
temporary and non-annual basis or on an hourly basis bases, so
long as the person does not work as a teacher or an
administrator for compensation on more than 140 days in a
school year. Such re-employment does not require
contributions, result in service credit, or constitute active
membership in the Fund.
(c-7) For school years beginning on or after July 1, 2024,
the service retirement pension shall not be cancelled in the
case of a service retirement pensioner who is re-employed as a
teacher or an administrator on a temporary and non-annual
basis or on an hourly basis, so long as the person does not
work as a teacher or an administrator for compensation on more
than 120 days in a school year. Such re-employment does not
require contributions, result in service credit, or constitute
active membership in the Fund.
(c-10) Until June 30, 2024, the service retirement pension
of a service retirement pensioner shall not be cancelled if
the service retirement pensioner is employed in a subject
shortage area and the Employer that is employing the service
retirement pensioner meets the following requirements:
(1) If the Employer has honorably dismissed, within
the calendar year preceding the beginning of the school
term for which it seeks to employ a service retirement
pensioner under this subsection, any teachers who are

SB2437 - 670 - LRB103 26700 AMC 53063 b
legally qualified to hold positions in the subject
shortage area and have not yet begun to receive their
service retirement pensions under this Article, the vacant
positions must first be tendered to those teachers.
(2) For a period of at least 90 days during the 6
months preceding the beginning of either the fall or
spring term for which it seeks to employ a service
retirement pensioner under this subsection, the Employer
must, on an ongoing basis, (i) advertise its vacancies in
the subject shortage area in employment bulletins
published by college and university placement offices
located near the school; (ii) search for teachers legally
qualified to fill those vacancies through the Illinois
Education Job Bank; and (iii) post all vacancies on the
Employer's website and list the vacancy in an online job
portal or database.
An Employer of a teacher who is unable to continue
employment with the Employer because of documented illness,
injury, or disability that occurred after being hired by the
Employer under this subsection is exempt from the provisions
of paragraph (2) for 90 school days. However, the Employer
must on an ongoing basis comply with items (i), (ii), and (iii)
of paragraph (2).
The Employer must submit documentation of its compliance
with this subsection to the regional superintendent. Upon
receiving satisfactory documentation from the Employer, the

SB2437 - 671 - LRB103 26700 AMC 53063 b
regional superintendent shall certify the Employer's
compliance with this subsection to the Fund.
(d) Notwithstanding Sections 1-103.1 and 17-157, the
changes to this Section made by Public Act 90-32 apply without
regard to whether termination of service occurred before the
effective date of that Act and apply retroactively to August
23, 1989.
Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section and Section 17-106 made by Public Act 92-599
apply without regard to whether termination of service
occurred before June 28, 2002 (the effective date of Public
Act 92-599) that Act.
Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section made by Public Act 97-912 this amendatory Act
of the 97th General Assembly apply without regard to whether
termination of service occurred before August 8, 2012 (the
effective date of Public Act 97-912) this amendatory Act.
(Source: P.A. 101-340, eff. 8-9-19; 102-1013, eff. 5-27-22;
102-1090, eff. 6-10-22; revised 7-27-22.)
Section 230. The Public Building Commission Act is amended
by changing Section 3 as follows:
(50 ILCS 20/3) (from Ch. 85, par. 1033)
Sec. 3. The following terms, wherever used, or referred to
in this Act, mean unless the context clearly requires a

SB2437 - 672 - LRB103 26700 AMC 53063 b
different meaning:
(a) "Commission" means a Public Building Commission
created pursuant to this Act.
(b) "Commissioner" or "Commissioners" means a
Commissioner or Commissioners of a Public Building
Commission.
(c) "County seat" means a city, village, or town which
is the county seat of a county.
(d) "Municipality" means any city, village, or
incorporated town of the State of Illinois.
(e) "Municipal corporation" includes a county, city,
village, town, (including a county seat), park district,
school district in a county of 3,000,000 or more
population, board of education of a school district in a
county of 3,000,000 or more population, sanitary district,
airport authority contiguous with the County Seat as of
July 1, 1969, and any other municipal body or governmental
agency of the State, and, until July 1, 2011, a school
district that (i) was organized prior to 1860, (ii) is
located in part in a city originally incorporated prior to
1840, and (iii) entered into a lease with a Commission
prior to 1993, and its board of education, but does not
include a school district in a county of less than
3,000,000 population, a board of education of a school
district in a county of less than 3,000,000 population, or
a community college district in a county of less than

SB2437 - 673 - LRB103 26700 AMC 53063 b
3,000,000 population, except that, until July 1, 2011, a
school district that (i) was organized prior to 1860, (ii)
is located in part in a city originally incorporated prior
to 1840, and (iii) entered into a lease with a Commission
prior to 1993, and its board of education, are included.
(f) "Governing body" includes a city council, county
board, or any other body or board, by whatever name it may
be known, charged with the governing of a municipal
corporation.
(g) "Presiding officer" includes the mayor or
president of a city, village, or town, the presiding
officer of a county board, or the presiding officer of any
other board or commission, as the case may be.
(h) "Oath" means oath or affirmation.
(i) "Building" means an improvement to real estate to
be made available for use by a municipal corporation for
the furnishing of governmental services to its citizens,
together with any land or interest in land necessary or
useful in connection with the improvement.
(j) "Delivery system" means the design and
construction approach used to develop and construct a
project.
(k) "Design-bid-build" means the traditional delivery
system used on public projects that incorporates the Local
Government Professional Services Selection Act (50 ILCS
510/) and the principles of competitive selection.

SB2437 - 674 - LRB103 26700 AMC 53063 b
(l) "Design-build" means a delivery system that
provides responsibility within a single contract for the
furnishing of architecture, engineering, land surveying,
and related services as required, and the labor,
materials, equipment, and other construction services for
the project.
(m) "Design-build contract" means a contract for a
public project under this Act between the Commission and a
design-build entity to furnish architecture, engineering,
land surveying, and related services as required, and to
furnish the labor, materials, equipment, and other
construction services for the project. The design-build
contract may be conditioned upon subsequent refinements in
scope and price and may allow the Commission to make
modifications in the project scope without invalidating
the design-build contract.
(n) "Design-build entity" means any individual, sole
proprietorship, firm, partnership, joint venture,
corporation, professional corporation, or other entity
that proposes to design and construct any public project
under this Act. A design-build entity and associated
design-build professionals shall conduct themselves in
accordance with the laws of this State and the related
provisions of the Illinois Administrative Code, as
referenced by the licensed design professionals Acts of
this State.

SB2437 - 675 - LRB103 26700 AMC 53063 b
(o) "Design professional" means any individual, sole
proprietorship, firm, partnership, joint venture,
corporation, professional corporation, or other entity
that offers services under the Illinois Architecture
Practice Act of 1989 (225 ILCS 305/), the Professional
Engineering Practice Act of 1989 (225 ILCS 325/), the
Structural Engineering Practice Licensing Act of 1989 (225
ILCS 340/), or the Illinois Professional Land Surveyor Act
of 1989 (225 ILCS 330/).
(p) "Evaluation criteria" means the requirements for
the separate phases of the selection process for
design-build proposals as defined in this Act and may
include the specialized experience, technical
qualifications and competence, capacity to perform, past
performance, experience with similar projects, assignment
of personnel to the project, and other appropriate
factors. Price may not be used as a factor in the
evaluation of Phase I proposals.
(q) "Proposal" means the offer to enter into a
design-build contract as submitted by a design-build
entity in accordance with this Act.
(r) "Request for proposal" means the document used by
the Commission to solicit proposals for a design-build
contract.
(s) "Scope and performance criteria" means the
requirements for the public project, including, but not

SB2437 - 676 - LRB103 26700 AMC 53063 b
limited to, the intended usage, capacity, size, scope,
quality and performance standards, life-cycle costs, and
other programmatic criteria that are expressed in
performance-oriented and quantifiable specifications and
drawings that can be reasonably inferred and are suited to
allow a design-build entity to develop a proposal.
(t) "Guaranteed maximum price" means a form of
contract in which compensation may vary according to the
scope of work involved but in any case may not exceed an
agreed total amount.
Definitions in this Section with respect to design-build
shall have no effect beginning on June 1, 2023; provided that
any design-build contracts entered into before such date or
any procurement of a project under this Act commenced before
such date, and the contracts resulting from those
procurements, shall remain effective. The actions of any
person or entity taken on or after June 1, 2013 and before
January 7, 2014 (the effective date of Public Act 98-619) this
amendatory Act of the 98th General Assembly in reliance on the
provisions of this Section with respect to design-build
continuing to be effective are hereby validated.
(Source: P.A. 100-736, eff. 1-1-19; revised 8-23-22.)
Section 235. The Illinois Police Training Act is amended
by changing Sections 7, 8.1, 10.6, and 10.19 as follows:

SB2437 - 677 - LRB103 26700 AMC 53063 b
(50 ILCS 705/7)
(Text of Section before amendment by P.A. 102-982)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary law enforcement
officers which shall be offered by all certified schools
shall include, but not be limited to, courses of
procedural justice, arrest and use and control tactics,
search and seizure, including temporary questioning, civil
rights, human rights, human relations, cultural
competency, including implicit bias and racial and ethnic
sensitivity, criminal law, law of criminal procedure,
constitutional and proper use of law enforcement
authority, crisis intervention training, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act,

SB2437 - 678 - LRB103 26700 AMC 53063 b
handling of juvenile offenders, recognition of mental
conditions and crises, including, but not limited to, the
disease of addiction, which require immediate assistance
and response and methods to safeguard and provide
assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults,
as defined in Section 2 of the Adult Protective Services
Act, crimes against the elderly, law of evidence, the
hazards of high-speed police vehicle chases with an
emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are age
sensitive and are trauma informed, victim centered, and
victim sensitive. The curriculum shall include training in
techniques designed to promote effective communication at
the initial contact with crime victims and ways to
comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act
and the Crime Victims Compensation Act. The curriculum
shall also include training in effective recognition of
and responses to stress, trauma, and post-traumatic stress

SB2437 - 679 - LRB103 26700 AMC 53063 b
experienced by law enforcement officers that is consistent
with Section 25 of the Illinois Mental Health First Aid
Training Act in a peer setting, including recognizing
signs and symptoms of work-related cumulative stress,
issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum shall include
training in the detection and investigation of all forms
of human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an
arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force

SB2437 - 680 - LRB103 26700 AMC 53063 b
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. The curriculum
for probationary law enforcement officers shall include:
(1) at least 12 hours of hands-on, scenario-based
role-playing; (2) at least 6 hours of instruction on use
of force techniques, including the use of de-escalation
techniques to prevent or reduce the need for force
whenever safe and feasible; (3) specific training on
officer safety techniques, including cover, concealment,
and time; and (4) at least 6 hours of training focused on
high-risk traffic stops. The curriculum for permanent law
enforcement officers shall include, but not be limited to:
(1) refresher and in-service training in any of the
courses listed above in this subparagraph, (2) advanced
courses in any of the subjects listed above in this
subparagraph, (3) training for supervisory personnel, and
(4) specialized training in subjects and fields to be
selected by the board. The training in the use of
electronic control devices shall be conducted for
probationary law enforcement officers, including
University police officers. The curriculum shall also
include training on the use of a firearms restraining
order by providing instruction on the process used to file
a firearms restraining order and how to identify
situations in which a firearms restraining order is
appropriate.

SB2437 - 681 - LRB103 26700 AMC 53063 b
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement officer must satisfactorily
complete before being eligible for permanent employment as
a local law enforcement officer for a participating local
governmental or State governmental agency. Those
requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
the officer's successful completion of the training

SB2437 - 682 - LRB103 26700 AMC 53063 b
course; (ii) attesting to the officer's satisfactory
completion of a training program of similar content and
number of hours that has been found acceptable by the
Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the training course is
unnecessary because of the person's extensive prior law
enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or
the Sheriff's Office if no Sheriff's Merit Commission

SB2437 - 683 - LRB103 26700 AMC 53063 b
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete every
3 years. Those requirements shall include constitutional
and proper use of law enforcement authority, procedural
justice, civil rights, human rights, reporting child abuse
and neglect, and cultural competency, including implicit
bias and racial and ethnic sensitivity. These trainings
shall consist of at least 30 hours of training every 3
years.
h. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete at
least annually. Those requirements shall include law
updates, emergency medical response training and
certification, crisis intervention training, and officer
wellness and mental health.
i. Minimum in-service training requirements as set
forth in Section 10.6.
The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
Notwithstanding any provision of law to the contrary, the
changes made to this Section by this amendatory Act of the
102nd General Assembly, Public Act 101-652, and Public Act
102-28, and Public Act 102-694 take effect July 1, 2022.

SB2437 - 684 - LRB103 26700 AMC 53063 b
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary law enforcement
officers which shall be offered by all certified schools
shall include, but not be limited to, courses of
procedural justice, arrest and use and control tactics,
search and seizure, including temporary questioning, civil
rights, human rights, human relations, cultural
competency, including implicit bias and racial and ethnic
sensitivity, criminal law, law of criminal procedure,
constitutional and proper use of law enforcement
authority, crisis intervention training, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and crash investigation, techniques of obtaining physical
evidence, court testimonies, statements, reports, firearms
training, training in the use of electronic control

SB2437 - 685 - LRB103 26700 AMC 53063 b
devices, including the psychological and physiological
effects of the use of those devices on humans, first-aid
(including cardiopulmonary resuscitation), training in the
administration of opioid antagonists as defined in
paragraph (1) of subsection (e) of Section 5-23 of the
Substance Use Disorder Act, handling of juvenile
offenders, recognition of mental conditions and crises,
including, but not limited to, the disease of addiction,
which require immediate assistance and response and
methods to safeguard and provide assistance to a person in
need of mental treatment, recognition of abuse, neglect,
financial exploitation, and self-neglect of adults with
disabilities and older adults, as defined in Section 2 of
the Adult Protective Services Act, crimes against the
elderly, law of evidence, the hazards of high-speed police
vehicle chases with an emphasis on alternatives to the
high-speed chase, and physical training. The curriculum
shall include specific training in techniques for
immediate response to and investigation of cases of
domestic violence and of sexual assault of adults and
children, including cultural perceptions and common myths
of sexual assault and sexual abuse as well as interview
techniques that are age sensitive and are trauma informed,
victim centered, and victim sensitive. The curriculum
shall include training in techniques designed to promote
effective communication at the initial contact with crime

SB2437 - 686 - LRB103 26700 AMC 53063 b
victims and ways to comprehensively explain to victims and
witnesses their rights under the Rights of Crime Victims
and Witnesses Act and the Crime Victims Compensation Act.
The curriculum shall also include training in effective
recognition of and responses to stress, trauma, and
post-traumatic stress experienced by law enforcement
officers that is consistent with Section 25 of the
Illinois Mental Health First Aid Training Act in a peer
setting, including recognizing signs and symptoms of
work-related cumulative stress, issues that may lead to
suicide, and solutions for intervention with peer support
resources. The curriculum shall include a block of
instruction addressing the mandatory reporting
requirements under the Abused and Neglected Child
Reporting Act. The curriculum shall also include a block
of instruction aimed at identifying and interacting with
persons with autism and other developmental or physical
disabilities, reducing barriers to reporting crimes
against persons with autism, and addressing the unique
challenges presented by cases involving victims or
witnesses with autism and other developmental
disabilities. The curriculum shall include training in the
detection and investigation of all forms of human
trafficking. The curriculum shall also include instruction
in trauma-informed responses designed to ensure the
physical safety and well-being of a child of an arrested

SB2437 - 687 - LRB103 26700 AMC 53063 b
parent or immediate family member; this instruction must
include, but is not limited to: (1) understanding the
trauma experienced by the child while maintaining the
integrity of the arrest and safety of officers, suspects,
and other involved individuals; (2) de-escalation tactics
that would include the use of force when reasonably
necessary; and (3) inquiring whether a child will require
supervision and care. The curriculum for probationary law
enforcement officers shall include: (1) at least 12 hours
of hands-on, scenario-based role-playing; (2) at least 6
hours of instruction on use of force techniques, including
the use of de-escalation techniques to prevent or reduce
the need for force whenever safe and feasible; (3)
specific training on officer safety techniques, including
cover, concealment, and time; and (4) at least 6 hours of
training focused on high-risk traffic stops. The
curriculum for permanent law enforcement officers shall
include, but not be limited to: (1) refresher and
in-service training in any of the courses listed above in
this subparagraph, (2) advanced courses in any of the
subjects listed above in this subparagraph, (3) training
for supervisory personnel, and (4) specialized training in
subjects and fields to be selected by the board. The
training in the use of electronic control devices shall be
conducted for probationary law enforcement officers,
including University police officers. The curriculum shall

SB2437 - 688 - LRB103 26700 AMC 53063 b
also include training on the use of a firearms restraining
order by providing instruction on the process used to file
a firearms restraining order and how to identify
situations in which a firearms restraining order is
appropriate.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement officer must satisfactorily
complete before being eligible for permanent employment as
a local law enforcement officer for a participating local
governmental or State governmental agency. Those
requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for

SB2437 - 689 - LRB103 26700 AMC 53063 b
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
the officer's successful completion of the training
course; (ii) attesting to the officer's satisfactory
completion of a training program of similar content and
number of hours that has been found acceptable by the
Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the training course is
unnecessary because of the person's extensive prior law
enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit

SB2437 - 690 - LRB103 26700 AMC 53063 b
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete every
3 years. Those requirements shall include constitutional
and proper use of law enforcement authority, procedural
justice, civil rights, human rights, reporting child abuse
and neglect, and cultural competency, including implicit
bias and racial and ethnic sensitivity. These trainings
shall consist of at least 30 hours of training every 3
years.
h. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete at
least annually. Those requirements shall include law
updates, emergency medical response training and
certification, crisis intervention training, and officer
wellness and mental health.
i. Minimum in-service training requirements as set
forth in Section 10.6.
The amendatory changes to this Section made by Public Act

SB2437 - 691 - LRB103 26700 AMC 53063 b
101-652 shall take effect January 1, 2022.
Notwithstanding any provision of law to the contrary, the
changes made to this Section by this amendatory Act of the
102nd General Assembly, Public Act 101-652, and Public Act
102-28, and Public Act 102-694 take effect July 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;
revised 8-11-22.)
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
Sec. 8.1. Full-time law enforcement and county corrections
officers.
(a) No person shall receive a permanent appointment as a
law enforcement officer or a permanent appointment as a county
corrections officer unless that person has been awarded,
within 6 months of the officer's initial full-time employment,
a certificate attesting to the officer's successful completion
of the Minimum Standards Basic Law Enforcement or County
Correctional Training Course as prescribed by the Board; or
has been awarded a certificate attesting to the officer's
satisfactory completion of a training program of similar
content and number of hours and which course has been found

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acceptable by the Board under the provisions of this Act; or a
training waiver by reason of extensive prior law enforcement
or county corrections experience the basic training
requirement is determined by the Board to be illogical and
unreasonable.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit the
officer's position, or the employing agency must obtain a
waiver from the Board extending the period for compliance.
Such waiver shall be issued only for good and justifiable
reasons, and in no case shall extend more than 90 days beyond
the initial 6 months. Any hiring agency that fails to train a
law enforcement officer within this period shall be prohibited
from employing this individual in a law enforcement capacity
for one year from the date training was to be completed. If an
agency again fails to train the individual a second time, the
agency shall be permanently barred from employing this
individual in a law enforcement capacity.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an employing agency, or be authorized
to carry firearms under the authority of the employer, except
as otherwise authorized to carry a firearm under State or
federal law. Sheriffs who are elected as of January 1, 2022
(the effective date of Public Act 101-652) this amendatory Act

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of the 101st General Assembly, are exempt from the requirement
of certified status. Failure to be certified in accordance
with this Act shall cause the officer to forfeit the officer's
position.
An employing agency may not grant a person status as a law
enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the officer's employing law enforcement
agency for any reason. The Board shall re-activate a
certification upon written application from the law
enforcement officer's law enforcement agency that shows
the law enforcement officer: (i) has accepted a full-time
law enforcement position with that law enforcement agency,
(ii) is not the subject of a decertification proceeding,
and (iii) meets all other criteria for re-activation
required by the Board. The Board may also establish
special training requirements to be completed as a
condition for re-activation.
The Board shall review a notice for reactivation from
a law enforcement agency and provide a response within 30
days. The Board may extend this review. A law enforcement

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officer shall be allowed to be employed as a full-time law
enforcement officer while the law enforcement officer
reactivation waiver is under review.
A law enforcement officer who is refused reactivation
or an employing agency of a law enforcement officer who is
refused reactivation under this Section may request a
hearing in accordance with the hearing procedures as
outlined in subsection (h) of Section 6.3 of this Act.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by an employing agency for
conduct subject to decertification under this Act or
resigned or retired after receiving notice of a law
enforcement agency's investigation.
(2) A law enforcement agency may place an officer who
is currently certified on inactive status by sending a
written request to the Board. A law enforcement officer
whose certificate has been placed on inactive status shall
not function as a law enforcement officer until the
officer has completed any requirements for reactivating
the certificate as required by the Board. A request for
inactive status in this subsection shall be in writing,
accompanied by verifying documentation, and shall be
submitted to the Board with a copy to the chief
administrator of the law enforcement officer's current or
new employing agency.

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(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's
agency upon a showing that the law enforcement officer is:
(i) is employed in a full-time law enforcement position
with the same law enforcement agency, (ii) is not the
subject of a decertification proceeding, and (iii) meets
all other criteria for re-activation required by the
Board.
(4) Notwithstanding paragraph (3) of this subsection
(b), a law enforcement officer whose certification has
become inactive under paragraph (2) may have the officer's
employing agency submit a request for a waiver of training
requirements to the Board in writing and accompanied by
any verifying documentation.. A grant of a waiver is
within the discretion of the Board. Within 7 days of
receiving a request for a waiver under this Section
section, the Board shall notify the law enforcement
officer and the chief administrator of the law enforcement
officer's employing agency, whether the request has been
granted, denied, or if the Board will take additional time
for information. A law enforcement agency, whose request
for a waiver under this subsection is denied, is entitled
to request a review of the denial by the Board. The law
enforcement agency must request a review within 20 days of
the waiver being denied. The burden of proof shall be on

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the law enforcement agency to show why the law enforcement
officer is entitled to a waiver of the legislatively
required training and eligibility requirements.
(c) No provision of this Section shall be construed to
mean that a county corrections officer employed by a
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary county corrections
officer or as a permanent county corrections officer, shall
require certification under the provisions of this Section. No
provision of this Section shall be construed to apply to
certification of elected county sheriffs.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.
(e-1) Each employing law enforcement agency shall allow
and provide an opportunity for a law enforcement officer to
complete the mandated requirements in this Act. All mandated
training shall will be provided for at no cost to the
employees. Employees shall be paid for all time spent
attending mandated training.

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(e-2) Each agency, academy, or training provider shall
maintain proof of a law enforcement officer's completion of
legislatively required training in a format designated by the
Board. The report of training shall be submitted to the Board
within 30 days following completion of the training. A copy of
the report shall be submitted to the law enforcement officer.
Upon receipt of a properly completed report of training, the
Board will make the appropriate entry into the training
records of the law enforcement officer.
(f) This Section does not apply to part-time law
enforcement officers or probationary part-time law enforcement
officers.
(g) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly, Public Act 101-652, and Public Act
102-28, and Public Act 102-694 take effect July 1, 2022.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
(50 ILCS 705/10.6)
Sec. 10.6. Mandatory training to be completed every 3
years.
(a) The Board shall adopt rules and minimum standards for
in-service training requirements as set forth in this Section.
The training shall provide officers with knowledge of policies
and laws regulating the use of force; equip officers with

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tactics and skills, including de-escalation techniques, to
prevent or reduce the need to use force or, when force must be
used, to use force that is objectively reasonable, necessary,
and proportional under the totality of the circumstances; and
ensure appropriate supervision and accountability. The
training shall include:
(1) At least 12 hours of hands-on, scenario-based
role-playing.
(2) At least 6 hours of instruction on use of force
techniques, including the use of de-escalation techniques
to prevent or reduce the need for force whenever safe and
feasible.
(3) Specific training on the law concerning stops,
searches, and the use of force under the Fourth Amendment
to the United States Constitution.
(4) Specific training on officer safety techniques,
including cover, concealment, and time.
(5) At least 6 hours of training focused on high-risk
traffic stops.
(b) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly, Public Act 101-652, and Public Act
102-28, and Public Act 102-694 take effect July 1, 2022.
This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-694, eff. 1-7-22; revised 2-3-22.)

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(50 ILCS 705/10.19)
Sec. 10.19. Training; administration of epinephrine.
(a) This Section, along with Section 40 of the Illinois
State Police Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the
automatic injection of a pre-measured dose of epinephrine into
the human body prescribed in the name of a local law
enforcement agency.
(c) The Board shall conduct or approve an optional
advanced training program for law enforcement officers to
recognize and respond to anaphylaxis, including the
administration of an epinephrine auto-injector. The training
must include, but is not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by

SB2437 - 700 - LRB103 26700 AMC 53063 b
the Board.
(d) A local law enforcement agency may authorize a law
enforcement officer who has completed an optional advanced
training program under subsection (c) to carry, administer, or
assist with the administration of epinephrine auto-injectors
provided by the local law enforcement agency whenever the
officer is performing official duties.
(e) A local law enforcement agency that authorizes its
officers to carry and administer epinephrine auto-injectors
under subsection (d) must establish a policy to control the
acquisition, storage, transportation, administration, and
disposal of epinephrine auto-injectors and to provide
continued training in the administration of epinephrine
auto-injectors.
(f) A physician, physician physician's assistant with
prescriptive authority, or advanced practice registered nurse
with prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of a
local law enforcement agency to be maintained for use when
necessary.
(g) When a law enforcement officer administers an
epinephrine auto-injector in good faith, the law enforcement
officer and local law enforcement agency, and its employees
and agents, including a physician, physician physician's
assistant with prescriptive authority, or advanced practice
registered nurse with prescriptive authority who provides a

SB2437 - 701 - LRB103 26700 AMC 53063 b
standing order or prescription for an epinephrine
auto-injector, incur no civil or professional liability,
except for willful and wanton conduct, or as a result of any
injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
102-694, eff. 1-7-22; revised 2-3-22.)
Section 240. The Police and Community Relations
Improvement Act is amended by changing Section 1-10 as
follows:
(50 ILCS 727/1-10)
Sec. 1-10. Investigation of officer-involved deaths;
requirements.
(a) Each law enforcement agency shall have a written
policy regarding the investigation of officer-involved deaths
that involve a law enforcement officer employed by that law
enforcement agency.
(b) Each officer-involved death investigation shall be
conducted by at least 2 investigators, or an entity or agency
comprised of at least 2 investigators, one of whom is the lead
investigator. The lead investigator shall be a person
certified by the Illinois Law Enforcement Training Standards
Board as a Lead Homicide Investigator, or similar training
approved by the Illinois Law Enforcement Training Standards

SB2437 - 702 - LRB103 26700 AMC 53063 b
Board or the Illinois State Police, or similar training
provided at an Illinois Law Enforcement Training Standards
Board certified school. No investigator involved in the
investigation may be employed by the law enforcement agency
that employs the officer involved in the officer-involved
death, unless the investigator is employed by the Illinois
State Police and is not assigned to the same division or unit
as the officer involved in the death.
(c) In addition to the requirements of subsection (b) of
this Section, if the officer-involved death being investigated
involves a motor vehicle crash, at least one investigator
shall be certified by the Illinois Law Enforcement Training
Standards Board as a Crash Reconstruction Specialist, or
similar training approved by the Illinois Law Enforcement
Training Standards Board or the Illinois State Police, or
similar training provided at an Illinois Law Enforcement
Training Standards Board certified school. Notwithstanding the
requirements of subsection (b) of this Section, the policy for
a law enforcement agency, when the officer-involved death
being investigated involves a motor vehicle collision, may
allow the use of an investigator who is employed by that law
enforcement agency and who is certified by the Illinois Law
Enforcement Training Standards Board as a Crash Reconstruction
Specialist, or similar training approved by the Illinois Law
Enforcement Training Standards Board, or similar certified
training approved by the Illinois State Police, or similar

SB2437 - 703 - LRB103 26700 AMC 53063 b
training provided at an Illinois Law Enforcement Training
Standards Board certified school.
(d) The investigators conducting the investigation shall,
in an expeditious manner, provide a complete report to the
State's Attorney of the county in which the officer-involved
death occurred.
(e) If the State's Attorney, or a designated special
prosecutor, determines there is no basis to prosecute the law
enforcement officer involved in the officer-involved death, or
if the law enforcement officer is not otherwise charged or
indicted, the investigators shall publicly release a report.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23;
102-1071, eff. 6-10-22; revised 12-13-22.)
Section 245. The Emergency Telephone System Act is amended
by changing Section 15.4a as follows:
(50 ILCS 750/15.4a)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.4a. Consolidation.
(a) By July 1, 2017, and except as otherwise provided in
this Section, Emergency Telephone System Boards, Joint
Emergency Telephone System Boards, and PSAPs shall be
consolidated as follows, subject to subsections (b) and (c) of
this Section:
(1) In any county with a population of at least

SB2437 - 704 - LRB103 26700 AMC 53063 b
250,000 that has a single Emergency Telephone System Board
and more than 2 PSAPs, the 9-1-1 Authority shall reduce
the number of PSAPs by at least 50% or to 2 PSAPs,
whichever is greater. Nothing in this paragraph shall
preclude consolidation resulting in one PSAP in the
county.
(2) In any county with a population of at least
250,000 that has more than one Emergency Telephone System
Board or , Joint Emergency Telephone System Board, any
9-1-1 Authority serving a population of less than 25,000
shall be consolidated such that no 9-1-1 Authority in the
county serves a population of less than 25,000.
(3) In any county with a population of at least
250,000 but less than 1,000,000 that has more than one
Emergency Telephone System Board or , Joint Emergency
Telephone System Board, each 9-1-1 Authority shall reduce
the number of PSAPs by at least 50% or to 2 PSAPs,
whichever is greater. Nothing in this paragraph shall
preclude consolidation of a 9-1-1 Authority into a Joint
Emergency Telephone System Board, and nothing in this
paragraph shall preclude consolidation resulting in one
PSAP in the county.
(4) In any county with a population of less than
250,000 that has a single Emergency Telephone System Board
and more than 2 PSAPs, the 9-1-1 Authority shall reduce
the number of PSAPs by at least 50% or to 2 PSAPs,

SB2437 - 705 - LRB103 26700 AMC 53063 b
whichever is greater. Nothing in this paragraph shall
preclude consolidation resulting in one PSAP in the
county.
(5) In any county with a population of less than
250,000 that has more than one Emergency Telephone System
Board or Joint Emergency Telephone System Board and more
than 2 PSAPS, the 9-1-1 Authorities shall be consolidated
into a single joint board, and the number of PSAPs shall be
reduced by at least 50% or to 2 PSAPs, whichever is
greater. Nothing in this paragraph shall preclude
consolidation resulting in one PSAP in the county.
(6) Any 9-1-1 Authority that does not have a PSAP
within its jurisdiction shall be consolidated through an
intergovernmental agreement with an existing 9-1-1
Authority that has a PSAP to create a Joint Emergency
Telephone Board.
(7) The corporate authorities of each county that has
no 9-1-1 service as of January 1, 2016 shall provide 9-1-1
wireline and wireless 9-1-1 service for that county by
either (i) entering into an intergovernmental agreement
with an existing Emergency Telephone System Board to
create a new Joint Emergency Telephone System Board, or
(ii) entering into an intergovernmental agreement with the
corporate authorities that have created an existing Joint
Emergency Telephone System Board.
(b) By July 1, 2016, each county required to consolidate

SB2437 - 706 - LRB103 26700 AMC 53063 b
pursuant to paragraph (7) of subsection (a) of this Section
and each 9-1-1 Authority required to consolidate pursuant to
paragraphs (1) through (6) of subsection (a) of this Section
shall file a plan for consolidation or a request for a waiver
pursuant to subsection (c) of this Section with the Office of
the Statewide 9-1-1 Administrator.
(1) No county or 9-1-1 Authority may avoid the
requirements of this Section by converting primary PSAPs
to secondary or virtual answering points; however, a PSAP
may be decommissioned. Staff from decommissioned PSAPs may
remain to perform nonemergency police, fire, or EMS
responsibilities. Any county or 9-1-1 Authority not in
compliance with this Section shall be ineligible to
receive consolidation grant funds issued under Section
15.4b of this Act or monthly disbursements otherwise due
under Section 30 of this Act, until the county or 9-1-1
Authority is in compliance.
(2) Within 60 calendar days of receiving a
consolidation plan or waiver, the Statewide 9-1-1 Advisory
Board shall hold at least one public hearing on the plan
and provide a recommendation to the Administrator. Notice
of the hearing shall be provided to the respective entity
to which the plan applies.
(3) Within 90 calendar days of receiving a
consolidation plan, the Administrator shall approve the
plan or waiver, approve the plan as modified, or grant a

SB2437 - 707 - LRB103 26700 AMC 53063 b
waiver pursuant to subsection (c) of this Section. In
making his or her decision, the Administrator shall
consider any recommendation from the Statewide 9-1-1
Advisory Board regarding the plan. If the Administrator
does not follow the recommendation of the Board, the
Administrator shall provide a written explanation for the
deviation in his or her decision.
(4) The deadlines provided in this subsection may be
extended upon agreement between the Administrator and
entity which submitted the plan.
(c) A waiver from a consolidation required under
subsection (a) of this Section may be granted if the
Administrator finds that the consolidation will result in a
substantial threat to public safety, is economically
unreasonable, or is technically infeasible.
(d) Any decision of the Administrator under this Section
shall be deemed a final administrative decision and shall be
subject to judicial review under the Administrative Review
Law.
(Source: P.A. 102-9, eff. 6-3-21; revised 2-28-22.)
Section 250. The Counties Code is amended by changing
Sections 3-3013, 5-1006.7, 5-1182, 5-45025, and 6-30002 and
the heading of Division 4-13 as follows:
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)

SB2437 - 708 - LRB103 26700 AMC 53063 b
(Text of Section before amendment by P.A. 102-982)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever,
as soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal, or accidental, including, but not
limited to, deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical, or radiational
injury, or a complication of any of them, or by drowning or
suffocation, or as a result of domestic violence as
defined in the Illinois Domestic Violence Act of 1986;
(b) A death due to a sex crime;
(c) A death where the circumstances are suspicious,
obscure, mysterious, or otherwise unexplained or where, in
the written opinion of the attending physician, the cause
of death is not determined;
(d) A death where addiction to alcohol or to any drug
may have been a contributory cause; or
(e) A death where the decedent was not attended by a
licensed physician;
shall go to the place where the dead body is, and take charge
of the same and shall make a preliminary investigation into
the circumstances of the death. In the case of death without
attendance by a licensed physician, the body may be moved with

SB2437 - 709 - LRB103 26700 AMC 53063 b
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify
such physician as is designated in accordance with Section
3-3014 to attempt to ascertain the cause of death, either by
autopsy or otherwise.
In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected
operator of a motor vehicle, or (2) a pedestrian 16 years of
age or older, the coroner shall require that a blood specimen
of at least 30 cc., and if medically possible a urine specimen
of at least 30 cc. or as much as possible up to 30 cc., be
withdrawn from the body of the decedent in a timely fashion
after the accident causing his death, by such physician as has
been designated in accordance with Section 3-3014, or by the
coroner or deputy coroner or a qualified person designated by
such physician, coroner, or deputy coroner. If the county does
not maintain laboratory facilities for making such analysis,
the blood and urine so drawn shall be sent to the Illinois
State Police or any other accredited or State-certified
laboratory for analysis of the alcohol, carbon monoxide, and
dangerous or narcotic drug content of such blood and urine
specimens. Each specimen submitted shall be accompanied by
pertinent information concerning the decedent upon a form
prescribed by such laboratory. Any person drawing blood and
urine and any person making any examination of the blood and
urine under the terms of this Division shall be immune from all

SB2437 - 710 - LRB103 26700 AMC 53063 b
liability, civil or criminal, that might otherwise be incurred
or imposed.
In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e)
above, blood, and, whenever possible, urine samples shall be
analyzed for the presence of alcohol and other drugs. When the
coroner suspects that drugs may have been involved in the
death, either directly or indirectly, a toxicological
examination shall be performed which may include analyses of
blood, urine, bile, gastric contents, and other tissues. When
the coroner suspects a death is due to toxic substances, other
than drugs, the coroner shall consult with the toxicologist
prior to collection of samples. Information submitted to the
toxicologist shall include information as to height, weight,
age, sex, and race of the decedent as well as medical history,
medications used by, and the manner of death of the decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical
examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or

SB2437 - 711 - LRB103 26700 AMC 53063 b
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit
the specimens using the agency case number to a National DNA
Index System (NDIS) participating laboratory within this
State, such as the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings. The results of the analysis and categorizing into
genetic marker groupings shall be provided to the Illinois
State Police and shall be maintained by the Illinois State
Police in the State central repository in the same manner, and
subject to the same conditions, as provided in Section 5-4-3
of the Unified Code of Corrections. The requirements of this
paragraph are in addition to any other findings, specimens, or
information that the coroner or medical examiner is required
to provide during the conduct of a criminal investigation.
In all counties, in cases of apparent suicide, homicide,
or accidental death or in other cases, within the discretion
of the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgment which the coroner deems practical and

SB2437 - 712 - LRB103 26700 AMC 53063 b
provides a reliable proof of service. The summons may be
served by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.
Inquests may be continued from time to time, as the coroner may
deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the

SB2437 - 713 - LRB103 26700 AMC 53063 b
vacancy or vacancies. At the coroner's discretion, additional
jurors to fill such vacancies shall be supplied by the jury
commission. A juror serving pursuant to this paragraph in such
county shall receive compensation from the county at the same
rate as the rate of compensation that is paid to petit or grand
jurors in the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in
a manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other

SB2437 - 714 - LRB103 26700 AMC 53063 b
factors, the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Illinois State Police.
All deaths in State institutions and all deaths of wards
of the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by
the Department of Children and Family Services shall be
reported to the coroner of the county in which the facility is
located. If the coroner has reason to believe that an
investigation is needed to determine whether the death was
caused by maltreatment or negligent care of the ward of the
State or youth in care as defined in Section 4d of the Children
and Family Services Act, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases
of death under circumstances set forth in subparagraphs
paragraphs (a) through (e) of this Section.
(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
revised 8-23-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever,

SB2437 - 715 - LRB103 26700 AMC 53063 b
as soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal, or accidental, including, but not
limited to, deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical, or radiational
injury, or a complication of any of them, or by drowning or
suffocation, or as a result of domestic violence as
defined in the Illinois Domestic Violence Act of 1986;
(b) A death due to a sex crime;
(c) A death where the circumstances are suspicious,
obscure, mysterious, or otherwise unexplained or where, in
the written opinion of the attending physician, the cause
of death is not determined;
(d) A death where addiction to alcohol or to any drug
may have been a contributory cause; or
(e) A death where the decedent was not attended by a
licensed physician;
shall go to the place where the dead body is, and take charge
of the same and shall make a preliminary investigation into
the circumstances of the death. In the case of death without
attendance by a licensed physician, the body may be moved with
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify
such physician as is designated in accordance with Section

SB2437 - 716 - LRB103 26700 AMC 53063 b
3-3014 to attempt to ascertain the cause of death, either by
autopsy or otherwise.
In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected
operator of a motor vehicle, or (2) a pedestrian 16 years of
age or older, the coroner shall require that a blood specimen
of at least 30 cc., and if medically possible a urine specimen
of at least 30 cc. or as much as possible up to 30 cc., be
withdrawn from the body of the decedent in a timely fashion
after the crash causing his death, by such physician as has
been designated in accordance with Section 3-3014, or by the
coroner or deputy coroner or a qualified person designated by
such physician, coroner, or deputy coroner. If the county does
not maintain laboratory facilities for making such analysis,
the blood and urine so drawn shall be sent to the Illinois
State Police or any other accredited or State-certified
laboratory for analysis of the alcohol, carbon monoxide, and
dangerous or narcotic drug content of such blood and urine
specimens. Each specimen submitted shall be accompanied by
pertinent information concerning the decedent upon a form
prescribed by such laboratory. Any person drawing blood and
urine and any person making any examination of the blood and
urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred
or imposed.
In all other cases coming within the jurisdiction of the

SB2437 - 717 - LRB103 26700 AMC 53063 b
coroner and referred to in subparagraphs (a) through (e)
above, blood, and, whenever possible, urine samples shall be
analyzed for the presence of alcohol and other drugs. When the
coroner suspects that drugs may have been involved in the
death, either directly or indirectly, a toxicological
examination shall be performed which may include analyses of
blood, urine, bile, gastric contents, and other tissues. When
the coroner suspects a death is due to toxic substances, other
than drugs, the coroner shall consult with the toxicologist
prior to collection of samples. Information submitted to the
toxicologist shall include information as to height, weight,
age, sex, and race of the decedent as well as medical history,
medications used by, and the manner of death of the decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical
examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the

SB2437 - 718 - LRB103 26700 AMC 53063 b
coroner or medical examiner, the police agency shall submit
the specimens using the agency case number to a National DNA
Index System (NDIS) participating laboratory within this
State, such as the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings. The results of the analysis and categorizing into
genetic marker groupings shall be provided to the Illinois
State Police and shall be maintained by the Illinois State
Police in the State central repository in the same manner, and
subject to the same conditions, as provided in Section 5-4-3
of the Unified Code of Corrections. The requirements of this
paragraph are in addition to any other findings, specimens, or
information that the coroner or medical examiner is required
to provide during the conduct of a criminal investigation.
In all counties, in cases of apparent suicide, homicide,
or accidental death or in other cases, within the discretion
of the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgment which the coroner deems practical and
provides a reliable proof of service. The summons may be
served by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.

SB2437 - 719 - LRB103 26700 AMC 53063 b
Inquests may be continued from time to time, as the coroner may
deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the
vacancy or vacancies. At the coroner's discretion, additional
jurors to fill such vacancies shall be supplied by the jury
commission. A juror serving pursuant to this paragraph in such

SB2437 - 720 - LRB103 26700 AMC 53063 b
county shall receive compensation from the county at the same
rate as the rate of compensation that is paid to petit or grand
jurors in the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in
a manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors, the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner

SB2437 - 721 - LRB103 26700 AMC 53063 b
shall report the death to the Illinois State Police.
All deaths in State institutions and all deaths of wards
of the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by
the Department of Children and Family Services shall be
reported to the coroner of the county in which the facility is
located. If the coroner has reason to believe that an
investigation is needed to determine whether the death was
caused by maltreatment or negligent care of the ward of the
State or youth in care as defined in Section 4d of the Children
and Family Services Act, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases
of death under circumstances set forth in subparagraphs
paragraphs (a) through (e) of this Section.
(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21;
102-982, eff. 7-1-23; revised 8-23-22.)
(55 ILCS 5/Div. 4-13 heading)
Division 4-13. Penalty for Violations .
(55 ILCS 5/5-1006.7)
Sec. 5-1006.7. School facility and resources occupation
taxes.

SB2437 - 722 - LRB103 26700 AMC 53063 b
(a) In any county, a tax shall be imposed upon all persons
engaged in the business of selling tangible personal property,
other than personal property titled or registered with an
agency of this State's government, at retail in the county on
the gross receipts from the sales made in the course of
business to provide revenue to be used exclusively for (i)
school facility purposes (except as otherwise provided in this
Section), (ii) school resource officers and mental health
professionals, or (iii) school facility purposes, school
resource officers, and mental health professionals if a
proposition for the tax has been submitted to the electors of
that county and approved by a majority of those voting on the
question as provided in subsection (c). The tax under this
Section shall be imposed only in one-quarter percent
increments and may not exceed 1%.
This additional tax may not be imposed on tangible
personal property taxed at the 1% rate under the Retailers'
Occupation Tax Act (or at the 0% rate imposed under Public Act
102-700 this amendatory Act of the 102nd General Assembly).
Beginning December 1, 2019 and through December 31, 2020, this
tax is not imposed on sales of aviation fuel unless the tax
revenue is expended for airport-related purposes. If the
county does not have an airport-related purpose to which it
dedicates aviation fuel tax revenue, then aviation fuel is
excluded from the tax. The county must comply with the
certification requirements for airport-related purposes under

SB2437 - 723 - LRB103 26700 AMC 53063 b
Section 2-22 of the Retailers' Occupation Tax Act. For
purposes of this Section, "airport-related purposes" has the
meaning ascribed in Section 6z-20.2 of the State Finance Act.
Beginning January 1, 2021, this tax is not imposed on sales of
aviation fuel 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 county.
The Department of Revenue has full power to administer and
enforce this subsection, to collect all taxes and penalties
due under this subsection, to dispose of taxes and penalties
so collected in the manner provided in this subsection, and to
determine all rights to credit memoranda arising on account of
the erroneous payment of a tax or penalty under this
subsection. The Department shall deposit all taxes and
penalties collected under this subsection into a special fund
created for that purpose.
In the administration of and compliance with this
subsection, the Department and persons who are subject to this
subsection (i) have the same rights, remedies, privileges,
immunities, powers, and duties, (ii) are subject to the same
conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) shall employ the same modes of
procedure as are set forth in Sections 1 through 1o, 2 through
2-70 (in respect to all provisions contained in those Sections
other than the State rate of tax), 2a through 2h, 3 (except as
to the disposition of taxes and penalties collected, and
except that the retailer's discount is not allowed for taxes

SB2437 - 724 - LRB103 26700 AMC 53063 b
paid on aviation fuel that are subject to the revenue use
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5,
5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c,
6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'
Occupation Tax Act and all provisions of the Uniform Penalty
and Interest Act as if those provisions were set forth in this
subsection.
The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act permits the retailer to engage in a business that is
taxable without registering separately with the Department
under an ordinance or resolution under this subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
seller's tax liability by separately stating that tax as an
additional charge, which may be stated in combination, in a
single amount, with State tax that sellers are required to
collect under the Use Tax Act, pursuant to any bracketed
schedules set forth by the Department.
(b) If a tax has been imposed under subsection (a), then a
service occupation tax must also be imposed at the same rate
upon all persons engaged, in the county, in the business of
making sales of service, who, as an incident to making those
sales of service, transfer tangible personal property within
the county as an incident to a sale of service.
This tax may not be imposed on tangible personal property

SB2437 - 725 - LRB103 26700 AMC 53063 b
taxed at the 1% rate under the Service Occupation Tax Act (or
at the 0% rate imposed under Public Act 102-700 this
amendatory Act of the 102nd General Assembly). Beginning
December 1, 2019 and through December 31, 2020, this tax is not
imposed on sales of aviation fuel unless the tax revenue is
expended for airport-related purposes. If the county does not
have an airport-related purpose to which it dedicates aviation
fuel tax revenue, then aviation fuel is excluded from the tax.
The county must comply with the certification requirements for
airport-related purposes under Section 2-22 of the Retailers'
Occupation Tax Act. For purposes of this Section,
"airport-related purposes" has the meaning ascribed in Section
6z-20.2 of the State Finance Act. Beginning January 1, 2021,
this tax is not imposed on sales of aviation fuel 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 county.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department and deposited into a
special fund created for that purpose. The Department has full
power to administer and enforce this subsection, to collect
all taxes and penalties due under this subsection, to dispose
of taxes and penalties so collected in the manner provided in
this subsection, and to determine all rights to credit
memoranda arising on account of the erroneous payment of a tax
or penalty under this subsection.

SB2437 - 726 - LRB103 26700 AMC 53063 b
In the administration of and compliance with this
subsection, the Department and persons who are subject to this
subsection shall (i) have the same rights, remedies,
privileges, immunities, powers and duties, (ii) be subject to
the same conditions, restrictions, limitations, penalties and
definition of terms, and (iii) employ the same modes of
procedure as are set forth in Sections 2 (except that that
reference to State in the definition of supplier maintaining a
place of business in this State means the county), 2a through
2d, 3 through 3-50 (in respect to all provisions contained in
those Sections other than the State rate of tax), 4 (except
that the reference to the State shall be to the county), 5, 7,
8 (except that the jurisdiction to which the tax is a debt to
the extent indicated in that Section 8 is the county), 9
(except as to the disposition of taxes and penalties
collected, and except that the retailer's discount is not
allowed for taxes paid on aviation fuel that are subject to the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133), 10, 11, 12 (except the reference therein to Section 2b
of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State means the county), Section 15, 16, 17,
18, 19, and 20 of the Service Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their

SB2437 - 727 - LRB103 26700 AMC 53063 b
serviceman's tax liability by separately stating the tax as an
additional charge, which may be stated in combination, in a
single amount, with State tax that servicemen are authorized
to collect under the Service Use Tax Act, pursuant to any
bracketed schedules set forth by the Department.
(c) The tax under this Section may not be imposed until the
question of imposing the tax has been submitted to the
electors of the county at a regular election and approved by a
majority of the electors voting on the question. For all
regular elections held prior to August 23, 2011 (the effective
date of Public Act 97-542), upon a resolution by the county
board or a resolution by school district boards that represent
at least 51% of the student enrollment within the county, the
county board must certify the question to the proper election
authority in accordance with the Election Code.
For all regular elections held prior to August 23, 2011
(the effective date of Public Act 97-542), the election
authority must submit the question in substantially the
following form:
Shall (name of county) be authorized to impose a
retailers' occupation tax and a service occupation tax
(commonly referred to as a "sales tax") at a rate of
(insert rate) to be used exclusively for school facility
purposes?
The election authority must record the votes as "Yes" or
"No".

SB2437 - 728 - LRB103 26700 AMC 53063 b
If a majority of the electors voting on the question vote
in the affirmative, then the county may, thereafter, impose
the tax.
For all regular elections held on or after August 23, 2011
(the effective date of Public Act 97-542), the regional
superintendent of schools for the county must, upon receipt of
a resolution or resolutions of school district boards that
represent more than 50% of the student enrollment within the
county, certify the question to the proper election authority
for submission to the electors of the county at the next
regular election at which the question lawfully may be
submitted to the electors, all in accordance with the Election
Code.
For all regular elections held on or after August 23, 2011
(the effective date of Public Act 97-542) and before August
23, 2019 (the effective date of Public Act 101-455), the
election authority must submit the question in substantially
the following form:
Shall a retailers' occupation tax and a service
occupation tax (commonly referred to as a "sales tax") be
imposed in (name of county) at a rate of (insert rate) to
be used exclusively for school facility purposes?
The election authority must record the votes as "Yes" or
"No".
If a majority of the electors voting on the question vote
in the affirmative, then the tax shall be imposed at the rate

SB2437 - 729 - LRB103 26700 AMC 53063 b
set forth in the question.
For all regular elections held on or after August 23, 2019
(the effective date of Public Act 101-455), the election
authority must submit the question as follows:
(1) If the referendum is to expand the use of revenues
from a currently imposed tax exclusively for school
facility purposes to include school resource officers and
mental health professionals, the question shall be in
substantially the following form:
In addition to school facility purposes, shall
(name of county) school districts be authorized to use
revenues from the tax commonly referred to as the
school facility sales tax that is currently imposed in
(name of county) at a rate of (insert rate) for school
resource officers and mental health professionals?
(2) If the referendum is to increase the rate of a tax
currently imposed exclusively for school facility purposes
at less than 1% and dedicate the additional revenues for
school resource officers and mental health professionals,
the question shall be in substantially the following form:
Shall the tax commonly referred to as the school
facility sales tax that is currently imposed in (name
of county) at the rate of (insert rate) be increased to
a rate of (insert rate) with the additional revenues
used exclusively for school resource officers and
mental health professionals?

SB2437 - 730 - LRB103 26700 AMC 53063 b
(3) If the referendum is to impose a tax in a county
that has not previously imposed a tax under this Section
exclusively for school facility purposes, the question
shall be in substantially the following form:
Shall a retailers' occupation tax and a service
occupation tax (commonly referred to as a sales tax)
be imposed in (name of county) at a rate of (insert
rate) to be used exclusively for school facility
purposes?
(4) If the referendum is to impose a tax in a county
that has not previously imposed a tax under this Section
exclusively for school resource officers and mental health
professionals, the question shall be in substantially the
following form:
Shall a retailers' occupation tax and a service
occupation tax (commonly referred to as a sales tax)
be imposed in (name of county) at a rate of (insert
rate) to be used exclusively for school resource
officers and mental health professionals?
(5) If the referendum is to impose a tax in a county
that has not previously imposed a tax under this Section
exclusively for school facility purposes, school resource
officers, and mental health professionals, the question
shall be in substantially the following form:
Shall a retailers' occupation tax and a service
occupation tax (commonly referred to as a sales tax)

SB2437 - 731 - LRB103 26700 AMC 53063 b
be imposed in (name of county) at a rate of (insert
rate) to be used exclusively for school facility
purposes, school resource officers, and mental health
professionals?
The election authority must record the votes as "Yes" or
"No".
If a majority of the electors voting on the question vote
in the affirmative, then the tax shall be imposed at the rate
set forth in the question.
For the purposes of this subsection (c), "enrollment"
means the head count of the students residing in the county on
the last school day of September of each year, which must be
reported on the Illinois State Board of Education Public
School Fall Enrollment/Housing Report.
(d) Except as otherwise provided, the Department shall
immediately pay over to the State Treasurer, ex officio, as
trustee, all taxes and penalties collected under this Section
to be deposited into the School Facility Occupation Tax Fund,
which shall be an unappropriated trust fund held outside the
State treasury. Taxes and penalties collected on aviation fuel
sold on or after December 1, 2019 and through December 31,
2020, shall be immediately paid over by the Department to the
State Treasurer, ex officio, as trustee, for deposit into the
Local Government Aviation Trust Fund. The Department shall
only pay moneys into the Local Government Aviation Trust Fund
under this Section for so long as the revenue use requirements

SB2437 - 732 - LRB103 26700 AMC 53063 b
of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
county.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the regional
superintendents of schools in counties from which retailers or
servicemen have paid taxes or penalties to the Department
during the second preceding calendar month. The amount to be
paid to each regional superintendent of schools and disbursed
to him or her in accordance with Section 3-14.31 of the School
Code, is equal to the amount (not including credit memoranda
and not including taxes and penalties collected on aviation
fuel sold on or after December 1, 2019 and through December 31,
2020) collected from the county under this Section during the
second preceding calendar month by the Department, (i) less 2%
of that amount (except the amount collected on aviation fuel
sold on or after December 1, 2019 and through December 31,
2020), of which 50% shall be deposited into the Tax Compliance
and Administration Fund and shall be used by the Department,
subject to appropriation, to cover the costs of the Department
in administering and enforcing the provisions of this Section,
on behalf of the county, and 50% shall be distributed to the
regional superintendent of schools to cover the costs in
administering and enforcing the provisions of this Section; ,
(ii) plus an amount that the Department determines is
necessary to offset any amounts that were erroneously paid to

SB2437 - 733 - LRB103 26700 AMC 53063 b
a different taxing body; (iii) less an amount equal to the
amount of refunds made during the second preceding calendar
month by the Department on behalf of the county; and (iv) less
any amount that the Department determines is necessary to
offset any amounts that were payable to a different taxing
body but were erroneously paid to the county. When certifying
the amount of a monthly disbursement to a regional
superintendent of schools under this Section, the Department
shall increase or decrease the amounts by an amount necessary
to offset any miscalculation of previous disbursements within
the previous 6 months from the time a miscalculation is
discovered.
Within 10 days after receipt by the Comptroller from the
Department of the disbursement certification to the regional
superintendents of the schools provided for in this Section,
the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with directions contained in
the certification.
If the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, then the Department shall notify the Comptroller,
who shall cause the order to be drawn for the amount specified
and to the person named in the notification from the
Department. The refund shall be paid by the Treasurer out of
the School Facility Occupation Tax Fund or the Local
Government Aviation Trust Fund, as appropriate.

SB2437 - 734 - LRB103 26700 AMC 53063 b
(e) For the purposes of determining the local governmental
unit whose tax is applicable, a retail sale by a producer of
coal or another mineral mined in Illinois is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This subsection does not apply to
coal or another mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the United States Constitution as a sale
in interstate or foreign commerce.
(f) Nothing in this Section may be construed to authorize
a tax to be imposed upon the privilege of engaging in any
business that under the Constitution of the United States may
not be made the subject of taxation by this State.
(g) If a county board imposes a tax under this Section
pursuant to a referendum held before August 23, 2011 (the
effective date of Public Act 97-542) at a rate below the rate
set forth in the question approved by a majority of electors of
that county voting on the question as provided in subsection
(c), then the county board may, by ordinance, increase the
rate of the tax up to the rate set forth in the question
approved by a majority of electors of that county voting on the
question as provided in subsection (c). If a county board
imposes a tax under this Section pursuant to a referendum held
before August 23, 2011 (the effective date of Public Act
97-542), then the board may, by ordinance, discontinue or
reduce the rate of the tax. If a tax is imposed under this

SB2437 - 735 - LRB103 26700 AMC 53063 b
Section pursuant to a referendum held on or after August 23,
2011 (the effective date of Public Act 97-542) and before
August 23, 2019 (the effective date of Public Act 101-455),
then the county board may reduce or discontinue the tax, but
only in accordance with subsection (h-5) of this Section. If a
tax is imposed under this Section pursuant to a referendum
held on or after August 23, 2019 (the effective date of Public
Act 101-455), then the county board may reduce or discontinue
the tax, but only in accordance with subsection (h-10). If,
however, a school board issues bonds that are secured by the
proceeds of the tax under this Section, then the county board
may not reduce the tax rate or discontinue the tax if that rate
reduction or discontinuance would adversely affect the school
board's ability to pay the principal and interest on those
bonds as they become due or necessitate the extension of
additional property taxes to pay the principal and interest on
those bonds. If the county board reduces the tax rate or
discontinues the tax, then a referendum must be held in
accordance with subsection (c) of this Section in order to
increase the rate of the tax or to reimpose the discontinued
tax.
Until January 1, 2014, the results of any election that
imposes, reduces, or discontinues a tax under this Section
must be certified by the election authority, and any ordinance
that increases or lowers the rate or discontinues the tax must
be certified by the county clerk and, in each case, filed with

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the Illinois Department of Revenue either (i) on or before the
first day of April, whereupon the Department shall proceed to
administer and enforce the tax or change in the rate as of the
first day of July next following the filing; or (ii) on or
before the first day of October, whereupon the Department
shall proceed to administer and enforce the tax or change in
the rate as of the first day of January next following the
filing.
Beginning January 1, 2014, the results of any election
that imposes, reduces, or discontinues a tax under this
Section must be certified by the election authority, and any
ordinance that increases or lowers the rate or discontinues
the tax must be certified by the county clerk and, in each
case, filed with the Illinois Department of Revenue either (i)
on or before the first day of May, whereupon the Department
shall proceed to administer and enforce the tax or change in
the rate as of the first day of July next following the filing;
or (ii) on or before the first day of October, whereupon the
Department shall proceed to administer and enforce the tax or
change in the rate as of the first day of January next
following the filing.
(h) For purposes of this Section, "school facility
purposes" means (i) the acquisition, development,
construction, reconstruction, rehabilitation, improvement,
financing, architectural planning, and installation of capital
facilities consisting of buildings, structures, and durable

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equipment and for the acquisition and improvement of real
property and interest in real property required, or expected
to be required, in connection with the capital facilities and
(ii) the payment of bonds or other obligations heretofore or
hereafter issued, including bonds or other obligations
heretofore or hereafter issued to refund or to continue to
refund bonds or other obligations issued, for school facility
purposes, provided that the taxes levied to pay those bonds
are abated by the amount of the taxes imposed under this
Section that are used to pay those bonds. "School facility
purposes" also includes fire prevention, safety, energy
conservation, accessibility, school security, and specified
repair purposes set forth under Section 17-2.11 of the School
Code.
(h-5) A county board in a county where a tax has been
imposed under this Section pursuant to a referendum held on or
after August 23, 2011 (the effective date of Public Act
97-542) and before August 23, 2019 (the effective date of
Public Act 101-455) may, by ordinance or resolution, submit to
the voters of the county the question of reducing or
discontinuing the tax. In the ordinance or resolution, the
county board shall certify the question to the proper election
authority in accordance with the Election Code. The election
authority must submit the question in substantially the
following form:
Shall the school facility retailers' occupation tax

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and service occupation tax (commonly referred to as the
"school facility sales tax") currently imposed in (name of
county) at a rate of (insert rate) be (reduced to (insert
rate))(discontinued)?
If a majority of the electors voting on the question vote in
the affirmative, then, subject to the provisions of subsection
(g) of this Section, the tax shall be reduced or discontinued
as set forth in the question.
(h-10) A county board in a county where a tax has been
imposed under this Section pursuant to a referendum held on or
after August 23, 2019 (the effective date of Public Act
101-455) may, by ordinance or resolution, submit to the voters
of the county the question of reducing or discontinuing the
tax. In the ordinance or resolution, the county board shall
certify the question to the proper election authority in
accordance with the Election Code. The election authority must
submit the question in substantially the following form:
Shall the school facility and resources retailers'
occupation tax and service occupation tax (commonly
referred to as the school facility and resources sales
tax) currently imposed in (name of county) at a rate of
(insert rate) be (reduced to (insert rate))
(discontinued)?
The election authority must record the votes as "Yes" or
"No".
If a majority of the electors voting on the question vote

SB2437 - 739 - LRB103 26700 AMC 53063 b
in the affirmative, then, subject to the provisions of
subsection (g) of this Section, the tax shall be reduced or
discontinued as set forth in the question.
(i) This Section does not apply to Cook County.
(j) This Section may be cited as the County School
Facility and Resources Occupation Tax Law.
(Source: P.A. 101-10, eff. 6-5-19; 101-455, eff. 8-23-19;
101-604, eff. 12-13-19; 102-700, eff. 4-19-22; 102-1062, eff.
7-1-22; revised 8-10-22.)
(55 ILCS 5/5-1182)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-1182. Charitable organizations; solicitation.
(a) No county may prohibit a charitable organization, as
defined in Section 2 of the Charitable Games Act, from
soliciting for charitable purposes, including solicitations
taking place on public roadways from passing motorists, if all
of the following requirements are met: .
(1) The persons to be engaged in the solicitation are
law enforcement personnel, firefighters, or other persons
employed to protect the public safety of a local agency,
and those persons are soliciting solely in an area that is
within the service area of that local agency.
(2) The charitable organization files an application
with the county having jurisdiction over the location or
locations where the solicitation is to occur. The

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application applications shall be filed not later than 10
business days before the date that the solicitation is to
begin and shall include all of the following:
(A) The date or dates and times of day when the
solicitation is to occur.
(B) The location or locations where the
solicitation is to occur along with a list of 3
alternate locations listed in order of preference.
(C) The manner and conditions under which the
solicitation is to occur.
(D) Proof of a valid liability insurance policy in
the amount of at least $1,000,000 insuring the charity
or local agency against bodily injury and property
damage arising out of or in connection with the
solicitation.
The county shall approve the application within 5 business
days after the filing date of the application, but may impose
reasonable conditions in writing that are consistent with the
intent of this Section and are based on articulated public
safety concerns. If the county determines that the applicant's
location cannot be permitted due to significant safety
concerns, such as high traffic volumes, poor geometrics,
construction, maintenance operations, or past accident
history, then the county may deny the application for that
location and must approve one of the 3 alternate locations
following the order of preference submitted by the applicant

SB2437 - 741 - LRB103 26700 AMC 53063 b
on the alternate location list. By acting under this Section,
a local agency does not waive or limit any immunity from
liability provided by any other provision of law.
(b) For purposes of this Section, "local agency" means a
county, special district, fire district, joint powers of
authority, or other political subdivision of the State of
Illinois.
(c) A home rule unit may not regulate a charitable
organization in a manner that is inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13;
revised 8-23-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-1182. Charitable organizations; solicitation.
(a) No county may prohibit a charitable organization, as
defined in Section 2 of the Charitable Games Act, from
soliciting for charitable purposes, including solicitations
taking place on public roadways from passing motorists, if all
of the following requirements are met: .
(1) The persons to be engaged in the solicitation are
law enforcement personnel, firefighters, or other persons
employed to protect the public safety of a local agency,

SB2437 - 742 - LRB103 26700 AMC 53063 b
and those persons are soliciting solely in an area that is
within the service area of that local agency.
(2) The charitable organization files an application
with the county having jurisdiction over the location or
locations where the solicitation is to occur. The
application applications shall be filed not later than 10
business days before the date that the solicitation is to
begin and shall include all of the following:
(A) The date or dates and times of day when the
solicitation is to occur.
(B) The location or locations where the
solicitation is to occur along with a list of 3
alternate locations listed in order of preference.
(C) The manner and conditions under which the
solicitation is to occur.
(D) Proof of a valid liability insurance policy in
the amount of at least $1,000,000 insuring the charity
or local agency against bodily injury and property
damage arising out of or in connection with the
solicitation.
The county shall approve the application within 5 business
days after the filing date of the application, but may impose
reasonable conditions in writing that are consistent with the
intent of this Section and are based on articulated public
safety concerns. If the county determines that the applicant's
location cannot be permitted due to significant safety

SB2437 - 743 - LRB103 26700 AMC 53063 b
concerns, such as high traffic volumes, poor geometrics,
construction, maintenance operations, or past crash history,
then the county may deny the application for that location and
must approve one of the 3 alternate locations following the
order of preference submitted by the applicant on the
alternate location list. By acting under this Section, a local
agency does not waive or limit any immunity from liability
provided by any other provision of law.
(b) For purposes of this Section, "local agency" means a
county, special district, fire district, joint powers of
authority, or other political subdivision of the State of
Illinois.
(c) A home rule unit may not regulate a charitable
organization in a manner that is inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(Source: P.A. 102-982, eff. 7-1-23; revised 8-23-22.)
(55 ILCS 5/5-45025)
Sec. 5-45025. Procedures for Selection.
(a) The county must use a two-phase procedure for the
selection of the successful design-build entity. Phase I of
the procedure will evaluate and shortlist the design-build
entities based on qualifications, and Phase II will evaluate

SB2437 - 744 - LRB103 26700 AMC 53063 b
the technical and cost proposals.
(b) The county shall include in the request for proposal
the evaluating factors to be used in Phase I. These factors are
in addition to any prequalification requirements of
design-build entities that the county has set forth. Each
request for proposal shall establish the relative importance
assigned to each evaluation factor and subfactor, including
any weighting of criteria to be employed by the county. The
county must maintain a record of the evaluation scoring to be
disclosed in event of a protest regarding the solicitation.
The county shall include the following criteria in every
Phase I evaluation of design-build entities: (i) experience of
personnel; (ii) successful experience with similar project
types; (iii) financial capability; (iv) timeliness of past
performance; (v) experience with similarly sized projects;
(vi) successful reference checks of the firm; (vii) commitment
to assign personnel for the duration of the project and
qualifications of the entity's consultants; and (viii) ability
or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for business enterprises
established in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act and with Section 2-105 of
the Illinois Human Rights Act. The county may include any
additional relevant criteria in Phase I that it deems
necessary for a proper qualification review.
The county may not consider any design-build entity for

SB2437 - 745 - LRB103 26700 AMC 53063 b
evaluation or award if the entity has any pecuniary interest
in the project or has other relationships or circumstances,
including, but not limited to, long-term leasehold, mutual
performance, or development contracts with the county, that
may give the design-build entity a financial or tangible
advantage over other design-build entities in the preparation,
evaluation, or performance of the design-build contract or
that create the appearance of impropriety. No proposal shall
be considered that does not include an entity's plan to comply
with the requirements established in the Business Enterprise
for Minorities, Women, and Persons with Disabilities Act, for
both the design and construction areas of performance, and
with Section 2-105 of the Illinois Human Rights Act.
Upon completion of the qualifications evaluation, the
county shall create a shortlist of the most highly qualified
design-build entities. The county, in its discretion, is not
required to shortlist the maximum number of entities as
identified for Phase II evaluation, provided that no less than
2 design-build entities nor more than 6 are selected to submit
Phase II proposals.
The county shall notify the entities selected for the
shortlist in writing. This notification shall commence the
period for the preparation of the Phase II technical and cost
evaluations. The county must allow sufficient time for the
shortlist entities to prepare their Phase II submittals
considering the scope and detail requested by the county.

SB2437 - 746 - LRB103 26700 AMC 53063 b
(c) The county shall include in the request for proposal
the evaluating factors to be used in the technical and cost
submission components of Phase II. Each request for proposal
shall establish, for both the technical and cost submission
components of Phase II, the relative importance assigned to
each evaluation factor and subfactor, including any weighting
of criteria to be employed by the county. The county must
maintain a record of the evaluation scoring to be disclosed in
event of a protest regarding the solicitation.
The county shall include the following criteria in every
Phase II technical evaluation of design-build entities: (i)
compliance with objectives of the project; (ii) compliance of
proposed services to the request for proposal requirements;
(iii) quality of products or materials proposed; (iv) quality
of design parameters; (v) design concepts; (vi) innovation in
meeting the scope and performance criteria; and (vii)
constructability of the proposed project. The county may
include any additional relevant technical evaluation factors
it deems necessary for proper selection.
The county shall include the following criteria in every
Phase II cost evaluation: the total project cost, the
construction costs, and the time of completion. The county may
include any additional relevant technical evaluation factors
it deems necessary for proper selection. The total project
cost criteria weighting weighing factor shall not exceed 30%.
The county shall directly employ or retain a licensed

SB2437 - 747 - LRB103 26700 AMC 53063 b
design professional or a public art designer to evaluate the
technical and cost submissions to determine if the technical
submissions are in accordance with generally accepted industry
standards. Upon completion of the technical submissions and
cost submissions evaluation, the county may award the
design-build contract to the highest overall ranked entity.
(Source: P.A. 102-954, eff. 1-1-23; revised 12-16-22.)
(55 ILCS 5/6-30002) (from Ch. 34, par. 6-30002)
Sec. 6-30002. Disbursement to county treasurer for
distribution to appropriate recipient. Notwithstanding any
other provision to the contrary, any State funds disbursed by
the State, or federal funds authorized to be disbursed by the
State, to any county official of a county with a population of
less than 2,000,000, or to any county department, agency
program or entity of a such county shall be disbursed only to
the county treasurer of such county for distribution by the
county treasurer to the appropriate county recipient. This
Division shall not apply to funds disbursed by a regional
superintendent of schools, a regional educational service
center, or the Department of Human Services with respect to
its functions pertaining to mental health and developmental
disabilities.
(Source: P.A. 89-262, eff. 8-10-95; 89-507, eff. 7-1-97;
revised 5-27-22.)

SB2437 - 748 - LRB103 26700 AMC 53063 b
Section 255. The Illinois Municipal Code is amended by
changing Sections 8-4-27, 8-10-17, 8-10-18, 9-2-119, 9-2-127,
10-1-29, 10-1-31, 11-1.5-5, and 11-92-1 and the heading of
Division 31 of Article 11 as follows:
(65 ILCS 5/8-4-27)
(Section scheduled to be repealed on January 1, 2024)
Sec. 8-4-27. Municipal Water and Wastewater Funding Study
Committee.
(a) The Municipal Water and Wastewater Funding Study
Committee is established.
(b) The Committee shall be comprised of the following
members, and the appointed members of the Committee shall be
appointed to the Committee no later than 30 days after May 13,
2022 (the effective date of Public Act 102-865) this
amendatory Act of the 102nd General Assembly:
(1) 1) The Governor, or his or her designee, who shall
serve as chairperson.
(2) The Director of the Illinois Environmental
Protection Agency, or his or her designee.
(3) One member appointed by the President of the
Senate.
(4) One member appointed by the Minority Leader of the
Senate.
(5) One member appointed by the Speaker of the House
of Representatives.

SB2437 - 749 - LRB103 26700 AMC 53063 b
(6) One member appointed by the Minority Leader of the
House of Representatives.
(7) Members appointed by the Director of the Illinois
Environmental Protection Agency as follows:
(A) one member who is a representative of a
publicly owned publicly-owned drinking water or
wastewater utility with a service population of 25,000
or less;
(B) one member who is a representative of a
publicly owned publicly-owned drinking water or
wastewater utility with a service population over
25,000 people to 125,000 people;
(C) one member who is a representative of a
publicly owned publicly-owned drinking water or
wastewater utility with a service population over
125,000 people;
(D) one member who is a representative of a
statewide organization representing wastewater
agencies; and
(E) one member who is a representative of a
statewide organization representing drinking water
agencies.
The Committee shall meet at the call of the chair. Committee
members shall serve without compensation. If a vacancy occurs
in the Committee membership, the vacancy shall be filled in
the same manner as the original appointment for the remainder

SB2437 - 750 - LRB103 26700 AMC 53063 b
of the Committee.
(c) The Committee shall study and make recommendations
concerning any needed modifications to Illinois Environmental
Protection Agency and Illinois Pollution Control Board
regulations and policies as they relate to municipal water and
wastewater funding to ensure that the State's revolving loan
fund programs account for and prioritize the following
principles, to the fullest extent allowed by federal law:
(1) A community shall not be deemed ineligible for
disadvantaged community status based on size or service
area of any size, with regard to special rates, loan
terms, and eligibility for loan or grant funds.
(2) In determining whether a community is
disadvantaged, consideration should be given to impacts of
funding on water and wastewater expenses for low-income
populations.
(3) In determining whether a community is eligible for
funds and special rates or loan terms, environmental
justice concepts should be considered.
(4) In determining how funding is allocated, a
community facing water supply shortages should be
considered a high priority based on urgency of need.
(5) The funding programs should promote formation and
implementation of regional water partnerships.
(6) Targeted funding should be provided for addressing
emerging contaminants, including PFAS.

SB2437 - 751 - LRB103 26700 AMC 53063 b
(7) In determining eligibility for assistance, the
role that the State revolving fund programs play for small
communities should be understood and fully considered.
(8) Any recommendations for changes to the programs
must be fully consistent with federal law and must not
adversely affect any community's eligibility for loans
under federal law.
(d) The Committee shall prepare a report that summarizes
its work and makes recommendations resulting from its study.
The Committee shall submit the report of its findings and
recommendations to the Governor and the General Assembly no
later than January 31, 2023. Once the Committee has submitted
the report to the General Assembly and Governor, the Committee
is dissolved.
(e) (f) This Section is repealed on January 1, 2024.
(Source: P.A. 102-865, eff. 5-13-22; revised 8-23-22.)
(65 ILCS 5/8-10-17) (from Ch. 24, par. 8-10-17)
Sec. 8-10-17. The corporate authorities of any such
municipality may establish a revolving fund in such amount as
may be necessary to enable the purchasing agent to purchase
items of common usage in advance of immediate need, the
revolving fund to be reimbursed from the annual appropriation
of the requisitioning agencies. Neither the purchasing agent,
nor any officer or employee employe of his office, nor any
member of the board of standardization hereinafter provided

SB2437 - 752 - LRB103 26700 AMC 53063 b
for, shall be financially interested, directly or indirectly,
in any purchase order or contract coming under the purview of
his official duties. The above named officials and employees
employes are expressly prohibited from accepting, directly or
indirectly, from any person, company, firm, or corporation to
which any purchase order or contract may be awarded, any
rebate, gift, money, or anything of value whatsoever. Any
officer or employee employe, as above defined, convicted of
violating this Section section, shall be guilty of a business
offense and shall be fined not to exceed $10,000 and shall
forfeit the right to his public office, trust, or employment
and shall be removed therefrom.
(Source: P.A. 77-2500; revised 8-23-22.)
(65 ILCS 5/8-10-18) (from Ch. 24, par. 8-10-18)
Sec. 8-10-18. No department, office, institution,
commission, board, agency, or instrumentality of any such
municipality, or any officer or employee employe thereof,
shall be empowered to execute any purchase order or contract
as defined in Section 8-10-3 except as herein specifically
authorized, but all such purchase orders or contracts shall be
executed by the purchasing agent in conformity with the
provisions of this Division 10.
(Source: Laws 1961, p. 576; revised 8-23-22.)
(65 ILCS 5/9-2-119) (from Ch. 24, par. 9-2-119)

SB2437 - 753 - LRB103 26700 AMC 53063 b
Sec. 9-2-119. For the purpose of anticipating the
collection of the second and succeeding installments, provided
for in this Division 2, a municipality may issue bonds,
payable out of these installments, bearing interest at a rate
specified in the ordinance referred to in Section 9-2-10
2-9-10 of this the Illinois Municipal Code and not more than
the rate the installments of the assessment against which the
bonds are issued bear, payable annually and signed by such
officers as may be by ordinance prescribed. Bonds shall be
issued in sums of $100, or some multiple thereof, and shall be
dated and draw interest from the date of their issuance. Each
bond shall state on its face out of which installment it is
payable, and shall state, by number or other designation, the
assessment to which that installment belongs. The principal of
these bonds shall not exceed, in the aggregate, the amount of
the deferred installments, and shall be divided into as many
series as there are deferred installments.
However, if there is a surplus to the credit of any such
installment which is not required for the payment of any
vouchers or bonds issued against that installment, that
surplus shall be applied toward the payment of any outstanding
vouchers or bonds already issued or to be issued, as the case
may be, against any other installment or installments.
Each series shall become due at some time in the year in
which the corresponding installment will mature, the date to
conform, as nearly as may be, to the time when that installment

SB2437 - 754 - LRB103 26700 AMC 53063 b
will be actually collected. This time shall be estimated and
determined by the municipal officers issuing the bonds. But it
is lawful to provide in the case of any one or more of the
bonds in any series, that that bond or bonds shall not become
due until some subsequent date, not later than December 31
next succeeding the January in which the installment against
which that series is issued will mature.
The bonds may be in the following form:
State of Illinois)
) ss
County of .......)
$............................ Series No. ...................
Bond No. .....................
............................. of ...........................
Improvement Bond
The .... of .... in .... County, Illinois, for value
received, promises to pay to the bearer on (insert date) the
sum of .... dollars, with interest thereon from date hereof,
at the rate of ....%, payable annually on presentation of the
coupons hereto annexed.
Both principal and interest of this bond are payable at
the office of the treasurer of said .... of .....
This bond is issued to anticipate the collection of a part
of the .... installment of special assessment No. .... levied
for the purpose of .... which installment bears interest from

SB2437 - 755 - LRB103 26700 AMC 53063 b
(insert date), and this bond and the interest thereon are
payable solely out of the installment when collected.
Dated (insert date).
The bond may have coupons attached to represent the
interest to accrue thereon.
In lieu of the bonds described in this Section, a
municipality may issue bonds of the type described in Section
9-2-127, but all bonds issued under any one special assessment
proceeding must be of the same type.
Public Act 77-1185 This amendatory Act of 1971 is not a
limit upon any municipality which is a home rule unit.
(Source: P.A. 91-357, eff. 7-29-99; revised 2-28-22.)
(65 ILCS 5/9-2-127) (from Ch. 24, par. 9-2-127)
Sec. 9-2-127. In lieu of the bonds authorized in Section
9-2-119, the municipality upon the written request of the
holders of all of the outstanding and unpaid vouchers issued
in payment of the work, may issue and deliver to such voucher
holders, in exchange for such vouchers, bonds provided for in
this Section 9-2-127, provided that prior to the receipt of
such request the municipality has not issued or has not made
any commitment to issue any bonds the funds from which are to
be used toward paying such outstanding and unpaid vouchers in
full. The bonds shall be dated as of and shall draw interest
from the date of their issuance, except when issued in

SB2437 - 756 - LRB103 26700 AMC 53063 b
exchange for vouchers theretofore issued in payment of the
work. In such latter case the bonds shall be issued in the
principal amount of the unpaid balance of the vouchers and
shall bear the same date as the vouchers for which they are
exchanged or the date to which interest was last paid on the
vouchers, and the bonds shall draw interest from such date.
The bonds shall be issued at not less than their par value. The
bonds shall be executed by such officers as may be prescribed
by ordinance of such municipality, with the corporate seal
attached. The bonds shall bear interest at a rate specified in
the ordinance referred to in Section 9-2-10 2-9-10 of this the
Illinois Municipal Code and of not more than the rate the
installments of the assessment against which the bonds are
issued bear. The bonds shall recite specifically that they are
payable solely and only from the assessment levied for the
payment of the cost of the improvement, designating the
improvement for which the assessment has been levied, and
shall mature on or before December 31 next succeeding the
January 2 on which the last installment shall mature. Interest
coupons attached to the bonds shall bear the official or
facsimile signatures of the same officers who signed the bonds
and shall be made payable at the office of the treasurer of the
municipality. The bonds shall be numbered consecutively
beginning with number one upwards and shall be payable in
their numerical order and redeemable prior to maturity in
numerical order as hereinafter provided. Each of the bonds

SB2437 - 757 - LRB103 26700 AMC 53063 b
issued pursuant to this Section 9-2-127 shall bear a legend on
the face of the bond printed in bold face type and in a
paragraph by itself to the effect that the bond is one of a
series of bonds which are to be paid and redeemed in numerical
order and not on a pro-rata basis.
As used in this Section and in Sections 9-2-128 and
9-2-129, "treasurer" with respect to municipalities in which a
comptroller is elected or appointed means treasurer or
comptroller.
Public Act 77-1185 This amendatory Act of 1971 is not a
limit upon any municipality which is a home rule unit.
(Source: P.A. 82-642; revised 2-28-22.)
(65 ILCS 5/10-1-29) (from Ch. 24, par. 10-1-29)
Sec. 10-1-29. No person shall, in any room or building
occupied for the discharge of official duties by any officer
or employee employe in any municipality which adopts this
Division 1, solicit, orally or by written communication,
delivered therein, or in any other manner, or receive any
contribution of money or other thing of value, for any party or
political purpose whatever. No officer, agent, clerk, or
employee under the government of such municipality, who may
have charge or control of any building, office, or room,
occupied for any purpose of such government, shall permit any
person to enter the same for the purpose of therein soliciting
or delivering written solicitations for receiving or giving

SB2437 - 758 - LRB103 26700 AMC 53063 b
notice of any political assessments.
(Source: Laws 1961, p. 3252; revised 8-23-22.)
(65 ILCS 5/10-1-31) (from Ch. 24, par. 10-1-31)
Sec. 10-1-31. No officer or employee of such municipality
shall discharge or degrade or promote, or in any manner change
the official rank or compensation of any other officer or
employee employe, or promise or threaten to do so for giving or
withholding or neglecting to make any contribution of any
money or other valuable thing for any party or political
purpose, or for refusal or neglect to render any party or
political service.
(Source: Laws 1961, p. 3252; revised 8-23-22.)
(65 ILCS 5/11-1.5-5)
(Section scheduled to be repealed on January 1, 2029)
Sec. 11-1.5-5. Definitions. As used in this Division
Section:
"Department" means the East St. Louis Police Department,
the Peoria Police Department, the Springfield Police
Department, or the Waukegan Police Department.
"Social Worker" means a licensed clinical social worker or
licensed social worker, as those terms are defined in the
Clinical Social Work and Social Work Practice Act.
"Station adjustment" has the meaning given to that term in
Section 1-3 of the Juvenile Court Act of 1987.

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"Unit" means a co-responder unit created under this
Division.
(Source: P.A. 102-756, eff. 5-10-22; revised 8-23-22.)
(65 ILCS 5/Art. 11 Div. 31 heading)
DIVISION 31. UNSAFE PROPERTY .
(65 ILCS 5/11-92-1) (from Ch. 24, par. 11-92-1)
Sec. 11-92-1. "Harbor", as used in this Division 92,
includes harbors, marinas, slips, docks, piers, breakwaters,
and all buildings, structures, facilities, connections,
equipment, parking areas, and all other improvements for use
in connection therewith.
"Public water" has the same meaning as ascribed to that
term in Section 18 of the Rivers, Lakes, and Streams Act "An
Act in relation to the regulation of rivers, lakes and streams
of the State of Illinois", approved June 10, 1911, as
heretofore and hereafter amended.
"Artificially made or reclaimed land" includes all land
which formerly was submerged under the public waters of the
State state, the title to which is in the State state, and
which has been artificially made or reclaimed in whole or in
part.
(Source: Laws 1961, p. 576; revised 2-28-22.)
Section 260. The Forest Preserve District and Conservation

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District Design-Build Authorization Act is amended by changing
Section 25 as follows:
(70 ILCS 860/25)
Sec. 25. Procedures for selection.
(a) The forest preserve district or conservation district
must use a two-phase procedure for the selection of the
successful design-build entity. Phase I of the procedure will
evaluate and shortlist the design-build entities based on
qualifications, and Phase II will evaluate the technical and
cost proposals.
(b) The forest preserve district or conservation district
shall include in the request for proposal the evaluating
factors to be used in Phase I. These factors are in addition to
any prequalification requirements of design-build entities
that the forest preserve district or conservation district has
set forth. Each request for proposal shall establish the
relative importance assigned to each evaluation factor and
subfactor, including any weighting of criteria to be employed
by the forest preserve district or conservation district. The
forest preserve district or conservation district must
maintain a record of the evaluation scoring to be disclosed in
the event of a protest regarding the solicitation.
The forest preserve district or conservation district
shall include the following criteria in every Phase I
evaluation of design-build entities: (i) experience of

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personnel; (ii) successful experience with similar project
types; (iii) financial capability; (iv) timeliness of past
performance; (v) experience with similarly sized projects;
(vi) successful reference checks of the firm; (vii) commitment
to assign personnel for the duration of the project and
qualifications of the entity's consultants; and (viii) ability
or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for business enterprises
established in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act and with Section 2-105 of
the Illinois Human Rights Act. The forest preserve district or
conservation district may include any additional relevant
criteria in Phase I that it deems necessary for a proper
qualification review.
The forest preserve district or conservation district may
not consider any design-build entity for evaluation or award
if the entity has any pecuniary interest in the project or has
other relationships or circumstances, including, but not
limited to, long-term leasehold, mutual performance, or
development contracts with the forest preserve district or
conservation district, that may give the design-build entity a
financial or tangible advantage over other design-build
entities in the preparation, evaluation, or performance of the
design-build contract or that create the appearance of
impropriety. No proposal shall be considered that does not
include an entity's plan to comply with the requirements

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established in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act, for both the design and
construction areas of performance, and with Section 2-105 of
the Illinois Human Rights Act.
Upon completion of the qualifications evaluation, the
forest preserve district or conservation district shall create
a shortlist of the most highly qualified design-build
entities. The forest preserve district or conservation
district, in its discretion, is not required to shortlist the
maximum number of entities as identified for Phase II
evaluation, provided that no less than 2 design-build entities
nor more than 6 are selected to submit Phase II proposals.
The forest preserve district or conservation district
shall notify the entities selected for the shortlist in
writing. This notification shall commence the period for the
preparation of the Phase II technical and cost evaluations.
The forest preserve district or conservation district must
allow sufficient time for the shortlist entities to prepare
their Phase II submittals considering the scope and detail
requested by the forest preserve district or conservation
district.
(c) The forest preserve district or conservation district
shall include in the request for proposal the evaluating
factors to be used in the technical and cost submission
components of Phase II. Each request for proposal shall
establish, for both the technical and cost submission

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components of Phase II, the relative importance assigned to
each evaluation factor and subfactor, including any weighting
of criteria to be employed by the forest preserve district or
conservation district. The forest preserve district or
conservation district must maintain a record of the evaluation
scoring to be disclosed in the event of a protest regarding the
solicitation.
The forest preserve district or conservation district
shall include the following criteria in every Phase II
technical evaluation of design-build entities: (i) compliance
with objectives of the project; (ii) compliance of proposed
services to the request for proposal requirements; (iii)
quality of products or materials proposed; (iv) quality of
design parameters; (v) design concepts; (vi) innovation in
meeting the scope and performance criteria; and (vii)
constructability of the proposed project. The forest preserve
district or conservation district may include any additional
relevant technical evaluation factors it deems necessary for
proper selection.
The forest preserve district or conservation district
shall include the following criteria in every Phase II cost
evaluation: the total project cost, the construction costs,
and the time of completion. The forest preserve or
conservation district may include any additional relevant
technical evaluation factors it deems necessary for proper
selection. The total project cost criteria weighting weighing

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factor shall not exceed 30%.
The forest preserve or conservation district shall
directly employ or retain a licensed design professional or a
public art designer to evaluate the technical and cost
submissions to determine if the technical submissions are in
accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost
submissions evaluation, the forest preserve or conservation
district may award the design-build contract to the highest
overall ranked entity.
(Source: P.A. 102-460, eff. 6-1-22; revised 2-28-22.)
Section 265. The Park Annuity and Benefit Fund Civil
Service Act is amended by changing Section 23 as follows:
(70 ILCS 1215/23) (from Ch. 24 1/2, par. 136)
Sec. 23. No person shall solicit, orally or in writing, or
be in any manner concerned in soliciting any assessment,
contribution, or payment for any party or political purpose
whatever from any officer or employee employe in the
classified civil service.
(Source: Laws 1939, p. 418; revised 9-2-22.)
Section 270. The Chicago Park District Act is amended by
changing Section 14 as follows:

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(70 ILCS 1505/14) (from Ch. 105, par. 333.14)
Sec. 14. Civil service. The Park System Civil Service Act
shall apply to the Chicago Park District, and upon the coming
into effect of this Act act there shall be appointed but one
Director of Human Resources and but one civil service board
for such district.
Every officer and employee employe in the classified civil
service at the time this Act takes effect shall be assigned to
a position having, so far as possible, duties equivalent to
his former office or employment, and such officers and
employees employes shall have the same standing, grade, and
privilege which they respectively had in the districts from
which they were transferred, subject, however, to existing and
future civil service laws. This Section shall not be construed
to require the retention of more officers and employees
employes than are necessary to the proper performance of the
functions of the Chicago Park District and the rules of the
civil service board made in pursuance of the civil service law
shall control in the making of layoffs and reinstatements of
such officers and employees employes as are not necessary to
be retained. This Act act shall in no way be construed to
affect the operation of Article 5 or Article 12 of the Illinois
Pension Code nor to affect the rights of employees to pensions
or annuities nor any taxes authorized to be levied therefor.
In the case of employees employes and policemen of superseded
park districts not having annuity benefit funds retained as

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employees employes or policemen of the Chicago Park District
such employees employes and policemen shall have the right to
enter as new employees employes and policemen.
(Source: P.A. 91-918, eff. 7-7-00; revised 2-5-23.)
Section 275. The Joliet Regional Port District Act is
amended by changing Section 7 as follows:
(70 ILCS 1825/7) (from Ch. 19, par. 257)
Sec. 7. The District has power to procure and enter into
contracts for any type of insurance or indemnity against loss
or damage to property from any cause, including loss of use and
occupancy, against death or injury of any person, against
employers' liability, against any act of any member, officer,
or employee employe of the District in the performance of the
duties of his office or employment or any other insurable
risk.
(Source: Laws 1957, p. 1302; revised 9-2-22.)
Section 280. The Metropolitan Water Reclamation District
Act is amended by changing Section 11.19 as follows:
(70 ILCS 2605/11.19) (from Ch. 42, par. 331.19)
Sec. 11.19. No department, office, agency or
instrumentality, officer or employee employe of the sanitary
district, shall be empowered to execute any purchase order or

SB2437 - 767 - LRB103 26700 AMC 53063 b
contract except as expressly authorized by this Act.
(Source: Laws 1963, p. 2498; revised 9-2-22.)
Section 285. The Illinois Local Library Act is amended by
changing Section 5-2 as follows:
(75 ILCS 5/5-2) (from Ch. 81, par. 5-2)
Sec. 5-2. If the corporate authorities approve the action
of the library board under Section 5-1, they may, by
ordinance, or by resolution in the case of a township, provide
that the bonds of the city, village, incorporated town or
township be issued for the payment of the cost (so estimated as
aforesaid) of constructing a building, or remodeling,
repairing, improving an existing library building or the
erection of an addition thereto, or purchasing a building,
site or equipment, or the acquisition of library materials
such as books, periodicals, recordings and electronic data
storage and retrieval facilities in connection with either the
purchase or construction of a new library building or the
expansion of an existing library building, or any or all of
these things in which event the ordinance or resolution shall
also state the time or times when such bonds, and the interest
thereon shall become payable. However, the whole of the
principal of such bonds and the interest thereon shall be
payable within 20 years, and the interest on such bonds shall
not exceed the rate permitted in the Bond Authorization Act

SB2437 - 768 - LRB103 26700 AMC 53063 b
"An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as now or hereafter amended. The
interest may be made payable at such times (annually or
semi-annually) as the ordinance or resolution may prescribe.
In case the corporate authorities provide for such payment by
the issuance of bonds, they shall make provision at or before
the issuance thereof, by ordinance or by resolution in the
case of a township, which shall be irrepealable, for the levy
and collection of a direct annual tax upon all the taxable
property within such city, village, incorporated town or
township sufficient to meet the principal and interest of the
bonds as they mature, which tax shall be in addition to that
otherwise authorized to be levied and collected for corporate
purposes.
If, however, the corporate authorities do not provide that
the bonds of the city, village, incorporated town or township
be issued, but otherwise approve the action of the library
board, then the library board shall divide the total cost of
constructing and financing a building, or remodeling,
repairing, improving an existing library building or the
erection of an addition thereto, or purchasing and financing a
building, site or equipment, or the acquisition of library
materials such as books, periodicals, recordings and
electronic data storage and retrieval facilities in connection

SB2437 - 769 - LRB103 26700 AMC 53063 b
with either the purchase or construction of a new library
building or the expansion of an existing library building, or
any or all of these things, into as many parts as the trustees
determine to spread the collection thereof, and shall certify
the amount of one of these parts to the corporate authorities
each year during the term over which the trustees have
determined to spread the collection. This action by the
library board Board shall be irrepealable. The library board
shall specify in its certificate the portion, if any, of the
amount to be included in the annual appropriation and library
tax levy, and the amount of the special tax required to pay the
same as has been approved by the voters.
(Source: P.A. 84-770; revised 5-27-22.)
Section 290. The School Code is amended by changing
Sections 2-3.195, 10-20.13, 10-21.9, 10-22.24b, 13-40,
13B-20.5, 18-8.15, 21B-20, 21B-45, 24-6, 26-2, 27-22, 27A-5,
34-18.5, and 34-21.6 and by setting forth, renumbering, and
changing multiple versions of Section 10-20.83 and 34-18.78 as
follows:
(105 ILCS 5/2-3.195)
Sec. 2-3.195. Direct support professional training
program. Beginning with the 2025-2026 school year and
continuing for not less than 2 years, the State Board of
Education shall make available a model program of study that

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incorporates the training and experience necessary to serve as
a direct support professional. By July 1, 2023, the State
Board shall submit recommendations developed in consultation
with stakeholders, including, but not limited to,
organizations representing community-based providers serving
children and adults with intellectual or developmental
disabilities, and education practitioners, including, but not
limited to, teachers, administrators, special education
directors, and regional superintendents of schools, to the
Department of Human Services for the training that would be
required in order to be complete the model program of study.
(Source: P.A. 102-874, eff. 1-1-23; revised 12-16-22.)
(105 ILCS 5/10-20.13)
Sec. 10-20.13. Textbooks for children of parents unable to
buy them; waiver of and other fees and fines.
(a) To purchase, at the expense of the district, a
sufficient number of textbooks for children whose parents are
unable to buy them, including, but not limited to, children
living in households that meet the free lunch or breakfast
eligibility guidelines established by the federal government
pursuant to Section 1758 of the federal Richard B. Russell
National School Lunch Act (42 U.S.C. 1758; 7 CFR C.F.R. 245 et
seq.) and homeless children and youth as defined in Section
11434a of the federal McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a), subject to verification as set forth in

SB2437 - 771 - LRB103 26700 AMC 53063 b
subsection (c) of this Section. Such textbooks shall be loaned
only, and the directors shall require the teacher to see that
they are properly cared for and returned at the end of each
term of school.
(b) To waive all fees and any fines for the loss of school
property assessed by the district on children whose parents
are unable to afford them, including, but not limited to:
(1) children living in households that meet the free
lunch or breakfast eligibility guidelines established by
the federal government pursuant to Section 1758 of the
federal Richard B. Russell National School Lunch Act (42
U.S.C. 1758; 7 CFR C.F.R. 245 et seq.) and students whose
parents are veterans or active duty military personnel
with income at or below 200% of the federal poverty line,
subject to verification as set forth in subsection (c) of
this Section, and
(2) homeless children and youth as defined in Section
11434a of the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a).
Notice of waiver availability shall be given to parents or
guardians with every bill for fees or fines. The school board
shall adopt written policies and procedures for such waiver of
fees in accordance with regulations promulgated by the State
Board of Education.
(c) Any school board that participates in a federally
funded, school-based child nutrition program and uses a

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student's application for, eligibility for, or participation
in the federally funded, school-based child nutrition program
(42 U.S.C. 1758; 7 CFR C.F.R. 245 et seq.) as the basis for
waiving fees assessed by the school district must follow the
verification requirements of the federally funded,
school-based child nutrition program (42 U.S.C. 1758; 7 CFR
C.F.R. 245.6a).
A school board that establishes a process for the
determination of eligibility for waiver of fees assessed by
the school district that is completely independent of a
student's application for, eligibility for, or participation
in a federally funded, school-based child nutrition program
may provide for fee waiver verification no more often than
once per academic year. Information obtained during the
independent, fee waiver verification process indicating that
the student does not meet free lunch or breakfast eligibility
guidelines may be used to deny the waiver of the student's fees
or fines for the loss of school property, provided that any
information obtained through this independent process for
determining or verifying eligibility for fee waivers shall not
be used to determine or verify eligibility for any federally
funded, school-based child nutrition program. This subsection
shall not preclude children from obtaining waivers at any
point during the academic year.
(Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22;
revised 12-13-22.)

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(105 ILCS 5/10-20.83)
Sec. 10-20.83. COVID-19 paid administrative leave.
(a) In this Section:
"Employee" means a person employed by a school district on
or after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
"Fully vaccinated against COVID-19" means:
(1) 2 weeks after receiving the second dose in a
2-dose series of a COVID-19 vaccine authorized for
emergency use, licensed, or otherwise approved by the
United States Food and Drug Administration; or
(2) 2 weeks after receiving a single dose of a
COVID-19 vaccine authorized for emergency use, licensed,
or otherwise approved by the United States Food and Drug
Administration.
"Fully vaccinated against COVID-19" also includes any
recommended booster doses for which the individual is eligible
upon the adoption by the Department of Public Health of any
changes made by the Centers for Disease Control and Prevention
of the United States Department of Health and Human Services
to the definition of "fully vaccinated against COVID-19" to
include any such booster doses. For purposes of this Section,
individuals who are eligible for a booster dose but have not
received a booster dose by 5 weeks after the Department of
Public Health adopts a revised definition of "fully vaccinated

SB2437 - 774 - LRB103 26700 AMC 53063 b
against COVID-19" are not considered fully vaccinated for
determining eligibility for future paid administrative leave
pursuant to this Section.
"School district" includes charter schools established
under Article 27A of this Code, but does not include the
Department of Juvenile Justice School District.
(b) During any time when the Governor has declared a
disaster due to a public health emergency pursuant to Section
7 of the Illinois Emergency Management Agency Act and a school
district, the State or any of its agencies, or a local public
health department has issued guidance, mandates, or rules
related to COVID-19 that restrict an employee of the school
district from being on school district property because the
employee (i) has a confirmed positive COVID-19 diagnosis via a
molecular amplification diagnostic test, such as a polymerase
chain reaction (PCR) test for COVID-19, (ii) has a probable
COVID-19 diagnosis via an antigen diagnostic test, (iii) has
been in close contact with a person who had a confirmed case of
COVID-19 and is required to be excluded from the school, or
(iv) is required by the school or school district policy to be
excluded from school district property due to COVID-19
symptoms, the employee of the school district shall receive as
many days of administrative leave as required to abide by the
public health guidance, mandates, and requirements issued by
the Department of Public Health, unless a longer period of
paid administrative leave has been negotiated with the

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exclusive bargaining representative if any. Such leave shall
be provided to an employee for any days for which the employee
was required to be excluded from school property prior to
April 5, 2022 (the effective date of Public Act 102-697) this
amendatory Act of the 102nd General Assembly, provided that
the employee receives all doses required to meet the
definition of "fully vaccinated against COVID-19" under this
Section no later than 5 weeks after April 5, 2022 (the
effective date of Public Act 102-697) this amendatory Act of
the 102nd General Assembly.
(c) An employee of a school district shall receive paid
administrative leave pursuant to subsection (b) of this
Section, unless a longer period of paid administrative leave
has been negotiated with the exclusive bargaining
representative if any, to care for a child of the employee if
the child is unable to attend elementary or secondary school
because the child has:
(1) a confirmed positive COVID-19 diagnosis via a
molecular amplification diagnostic test, such as a
polymerase chain reaction (PCR) test for COVID-19;
(2) a probable COVID-19 diagnosis via an antigen
diagnostic test;
(3) been in close contact with a person who has a
confirmed case of COVID-19 and is required to be excluded
from school; or
(4) been required by the school or school district

SB2437 - 776 - LRB103 26700 AMC 53063 b
policy to be excluded from school district property due to
COVID-19 symptoms.
Such leave shall be provided to an employee for any days needed
to care for a child of the employee prior to April 5, 2022 (the
effective date of Public Act 102-697) this amendatory Act of
the 102nd General Assembly, provided that the employee
receives the doses required to meet the definition of "fully
vaccinated against COVID-19" under this Section no later than
5 weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
(d) An employee of a school district who is on paid
administrative leave pursuant to this Section must provide all
documentation requested by the school board.
(e) An employee of a school district who is on paid
administrative leave pursuant to this Section shall receive
the employee's regular rate of pay. The use of a paid
administrative leave day or days by an employee pursuant to
this Section may not diminish any other leave or benefits of
the employee.
(f) An employee of a school district may not accrue paid
administrative leave pursuant to this Section.
(g) For an employee of a school district to be eligible to
receive paid administrative leave pursuant to this Section,
the employee must:
(1) have received all required doses to be fully
vaccinated against COVID-19, as defined in this Section;

SB2437 - 777 - LRB103 26700 AMC 53063 b
and
(2) participate in the COVID-19 testing program
adopted by the school district to the extent such a
testing program requires participation by individuals who
are fully vaccinated against COVID-19.
(h) Nothing in this Section is intended to affect any
right or remedy under federal law.
(i) No paid administrative leave awarded to or used by a
fully vaccinated employee prior to the Department of Public
Health's adoption of a revised definition of the term "fully
vaccinated against COVID-19" may be rescinded on the basis
that the employee no longer meets the definition of "fully
vaccinated against COVID-19" based on the revised definition.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-3-22.)
(105 ILCS 5/10-20.84)
Sec. 10-20.84 10-20.83. College and career readiness
systems.
(a) Subject to subsection (d) of this Section, by July 1,
2025, a school district that enrolls students in any of grades
6 through 12 shall adopt and commence implementation of career
exploration and career development activities in accordance
with a postsecondary and career expectations framework for
each of grades 6 through 12 served by the district that
substantially aligns to the model framework adopted by State
agencies pursuant to Section 15 of the Postsecondary and

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Workforce Readiness Act. The local postsecondary and career
expectations framework shall be available on a prominent
location on the school district's website.
The career exploration and career development activities
offered in alignment with the postsecondary and career
expectations framework shall prepare students enrolled in
grades 6 through 12 to make informed plans and decisions about
their future education and career goals, including possible
participation in a career and technical education pathway, by
providing students with opportunities to explore a wide
variety of high-skill, high-wage, and in-demand career fields.
(b) By no later than July 1, 2025, a school district that
enrolls students in any of grades 9 through 12 shall either
elect to implement College and Career Pathway Endorsements in
accordance with subsection (c) of this Section or opt out of
implementation in accordance with subsection (d) of this
Section.
(c) A school district that enrolls students in any of
grades 9 through 12 electing to implement College and Career
Pathway Endorsements shall become an eligible school district
and either (i) independently, (ii) through an area career
center, or (iii) through an inter-district cooperative, award
College and Career Pathway Endorsements pursuant to the
Postsecondary and Workforce Readiness Act and pursuant to the
following schedule:
(1) for the high school graduating class of 2027, a

SB2437 - 779 - LRB103 26700 AMC 53063 b
school district shall offer College and Career Pathway
Endorsements in at least one endorsement area;
(2) for the high school graduating class of 2029, a
school district shall offer College and Career Pathway
Endorsements in at least 2 endorsement areas; and
(3) for the high school graduating class of 2031, a
school district with a grade 9 through 12 enrollment of
more than 350 students, as calculated by the State Board
of Education for the 2022-2023 school year, shall offer
College and Career Pathway Endorsements in at least 3
endorsement areas.
A school district may elect to implement College and
Career Pathway Endorsements by July 1, 2025, either by
submitting the necessary application materials to the State
Board of Education to award the number of endorsements
required by this subsection or by the school board of the
district adopting a timeline for implementation consistent
with the requirements of this subsection.
(d) The school board of any school district may, by action
of the board, opt out of implementation of all or any part of
this Section through adoption of a set of findings that
considers the following:
(1) the school district's current systems for college
and career readiness;
(2) the school district's cost of implementation
balanced against the potential benefits to students and

SB2437 - 780 - LRB103 26700 AMC 53063 b
families through improved postsecondary education and
career outcomes;
(3) the willingness and capacity of local businesses
to partner with the school district for successful
implementation of pathways other than education;
(4) the willingness of institutions of higher
education to partner with the school district for
successful implementation of the pathway and whether the
district has sought and established a partnership
agreement with a community college district incorporating
the provisions of the Model Partnership Agreement under
the Dual Credit Quality Act;
(5) the availability of a statewide database of
participating local business partners, as provided under
the Postsecondary and Workforce Readiness Act, for the
purpose of career readiness and the accessibility of those
work experiences and apprenticeships listed in the
database to the students of the school district; and
(6) the availability of properly licensed teachers or
teachers meeting faculty credential standards for dual
credit courses to instruct in the program required for the
endorsement areas.
A school district must report its board findings and
decision on implementation to the State Board of Education. A
school district electing to opt out of implementation may
reverse its decision in whole or in part at any time.

SB2437 - 781 - LRB103 26700 AMC 53063 b
(e) The State Board of Education may adopt any rules
necessary to implement this Section.
(Source: P.A. 102-917, eff. 1-1-23; revised 1-10-23.)
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
(Text of Section before amendment by P.A. 102-702)
Sec. 10-21.9. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any disqualifying,
enumerated criminal or drug offenses in subsection (c) of this
Section or have been convicted, within 7 years of the
application for employment with the school district, 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 district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school

SB2437 - 782 - LRB103 26700 AMC 53063 b
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the check to the regional superintendent of
the educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, 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 regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. 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 president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State

SB2437 - 783 - LRB103 26700 AMC 53063 b
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent, except that those
applicants seeking employment as a substitute teacher with a
school district may be charged a fee not to exceed the cost of
the inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse school
districts and regional superintendents for fees paid to obtain
criminal history records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the

SB2437 - 784 - LRB103 26700 AMC 53063 b
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or
his designee, the appropriate regional superintendent if the
check was requested by the school district, the presidents of
the appropriate school boards if the check was requested from
the Illinois State Police by the regional superintendent, the
State Board of Education and a school district as authorized
under subsection (b-5), the State Superintendent of Education,
the State Educator Preparation and Licensure Board, any other
person necessary to the decision of hiring the applicant for
employment, or for clarification purposes the Illinois State
Police or Statewide Sex Offender Database, or both. A copy of
the record of convictions obtained from the Illinois State
Police shall be provided to the applicant for employment. Upon
the check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than

SB2437 - 785 - LRB103 26700 AMC 53063 b
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, 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 and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, 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 and
evidencing that as of the date that the regional

SB2437 - 786 - LRB103 26700 AMC 53063 b
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with a school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.

SB2437 - 787 - LRB103 26700 AMC 53063 b
(c) No school board shall knowingly employ a person 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, except as provided under subsection (b) of
Section 21B-80. Further, no school board shall knowingly
employ a person who has been found to be the perpetrator of
sexual or physical abuse of any minor under 18 years of age
pursuant to proceedings under Article II of the Juvenile Court
Act of 1987. As a condition of employment, each school board
must consider the status of a person who has been issued an
indicated finding of abuse or neglect of a child by the
Department of Children and Family Services under the Abused
and Neglected Child Reporting Act or by a child welfare agency
of another jurisdiction.
(d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check have not been initiated.
(e) Within 10 days after a superintendent, regional office
of education, or entity that provides background checks of
license holders to public schools receives information of a
pending criminal charge against a license holder for an
offense set forth in Section 21B-80 of this Code, the
superintendent, regional office of education, or entity must
notify the State Superintendent of Education of the pending
criminal charge.
If permissible by federal or State law, no later than 15

SB2437 - 788 - LRB103 26700 AMC 53063 b
business days after receipt of a record of conviction or of
checking the Statewide Murderer and Violent Offender Against
Youth Database or the Statewide Sex Offender Database and
finding a registration, the superintendent of the employing
school board or the applicable regional superintendent shall,
in writing, notify the State Superintendent of Education of
any license holder who has been convicted of a crime set forth
in Section 21B-80 of this Code. Upon receipt of the record of a
conviction of or a finding of child abuse by a holder of any
license issued pursuant to Article 21B or Section 34-8.1 of
this Code, the State Superintendent of Education may initiate
licensure suspension and revocation proceedings as authorized
by law. If the receipt of the record of conviction or finding
of child abuse is received within 6 months after the initial
grant of or renewal of a license, the State Superintendent of
Education may rescind the license holder's license.
(e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of
Education and the applicable regional superintendent of
schools of any license holder whom he or she has reasonable
cause to believe has committed an intentional act of abuse or
neglect with the result of making a child an abused child or a
neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, and that act resulted in the
license holder's dismissal or resignation from the school
district. This notification must be submitted within 30 days

SB2437 - 789 - LRB103 26700 AMC 53063 b
after the dismissal or resignation and must include the
Illinois Educator Identification Number (IEIN) of the license
holder and a brief description of the misconduct alleged. The
license holder must also be contemporaneously sent a copy of
the notice by the superintendent. All correspondence,
documentation, and other information so received by the
regional superintendent of schools, the State Superintendent
of Education, the State Board of Education, or the State
Educator Preparation and Licensure Board under this subsection
(e-5) is confidential and must not be disclosed to third
parties, except (i) as necessary for the State Superintendent
of Education or his or her designee to investigate and
prosecute pursuant to Article 21B of this Code, (ii) pursuant
to a court order, (iii) for disclosure to the license holder or
his or her representative, or (iv) as otherwise provided in
this Article and provided that any such information admitted
into evidence in a hearing is exempt from this confidentiality
and non-disclosure requirement. Except for an act of willful
or wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other

SB2437 - 790 - LRB103 26700 AMC 53063 b
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by a school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment

SB2437 - 791 - LRB103 26700 AMC 53063 b
of the costs of the check must be furnished by the student
teacher to the school district where the student teaching is
to be completed. Upon receipt of this authorization and
payment, the school district 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 president of
the school board for the school district that requested the
check. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district 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 board 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 district.

SB2437 - 792 - LRB103 26700 AMC 53063 b
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 president of the school board is confidential and may
only be transmitted to the superintendent of the school
district 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 board shall 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
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, no
school board shall allow a person to student teach if he or she
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. Each school
board must consider the status of a person to student teach who
has been issued an indicated finding of abuse or neglect of a
child by the Department of Children and Family Services under
the Abused and Neglected Child Reporting Act or by a child
welfare agency of another jurisdiction.

SB2437 - 793 - LRB103 26700 AMC 53063 b
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22;
102-1071, eff. 6-10-22.)
(Text of Section after amendment by P.A. 102-702)
Sec. 10-21.9. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any disqualifying,
enumerated criminal or drug offenses in subsection (c) of this
Section or have been convicted, within 7 years of the
application for employment with the school district, 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 district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent

SB2437 - 794 - LRB103 26700 AMC 53063 b
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the check to the regional superintendent of
the educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, 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 regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. 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 president of the school board for the school
district that requested the check, or to the regional

SB2437 - 795 - LRB103 26700 AMC 53063 b
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent, except that those
applicants seeking employment as a substitute teacher with a
school district may be charged a fee not to exceed the cost of
the inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse school
districts and regional superintendents for fees paid to obtain
criminal history records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent

SB2437 - 796 - LRB103 26700 AMC 53063 b
Offender Against Youth Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or
his designee, the appropriate regional superintendent if the
check was requested by the school district, the presidents of
the appropriate school boards if the check was requested from
the Illinois State Police by the regional superintendent, the
State Board of Education and a school district as authorized
under subsection (b-5), the State Superintendent of Education,
the State Educator Preparation and Licensure Board, any other
person necessary to the decision of hiring the applicant for
employment, or for clarification purposes the Illinois State
Police or Statewide Sex Offender Database, or both. A copy of
the record of convictions obtained from the Illinois State
Police shall be provided to the applicant for employment. Upon
the check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or

SB2437 - 797 - LRB103 26700 AMC 53063 b
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, 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 and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, 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 and

SB2437 - 798 - LRB103 26700 AMC 53063 b
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with a school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued

SB2437 - 799 - LRB103 26700 AMC 53063 b
or has not been issued a certificate.
(c) No school board shall knowingly employ a person 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, except as provided under subsection (b) of
Section 21B-80. Further, no school board shall knowingly
employ a person who has been found to be the perpetrator of
sexual or physical abuse of any minor under 18 years of age
pursuant to proceedings under Article II of the Juvenile Court
Act of 1987. As a condition of employment, each school board
must consider the status of a person who has been issued an
indicated finding of abuse or neglect of a child by the
Department of Children and Family Services under the Abused
and Neglected Child Reporting Act or by a child welfare agency
of another jurisdiction.
(d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check have not been initiated.
(e) Within 10 days after a superintendent, regional office
of education, or entity that provides background checks of
license holders to public schools receives information of a
pending criminal charge against a license holder for an
offense set forth in Section 21B-80 of this Code, the
superintendent, regional office of education, or entity must
notify the State Superintendent of Education of the pending
criminal charge.

SB2437 - 800 - LRB103 26700 AMC 53063 b
If permissible by federal or State law, no later than 15
business days after receipt of a record of conviction or of
checking the Statewide Murderer and Violent Offender Against
Youth Database or the Statewide Sex Offender Database and
finding a registration, the superintendent of the employing
school board or the applicable regional superintendent shall,
in writing, notify the State Superintendent of Education of
any license holder who has been convicted of a crime set forth
in Section 21B-80 of this Code. Upon receipt of the record of a
conviction of or a finding of child abuse by a holder of any
license issued pursuant to Article 21B or Section 34-8.1 of
this Code, the State Superintendent of Education may initiate
licensure suspension and revocation proceedings as authorized
by law. If the receipt of the record of conviction or finding
of child abuse is received within 6 months after the initial
grant of or renewal of a license, the State Superintendent of
Education may rescind the license holder's license.
(e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of
Education and the applicable regional superintendent of
schools of any license holder whom he or she has reasonable
cause to believe has committed (i) an intentional act of abuse
or neglect with the result of making a child an abused child or
a neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, or (ii) an act of sexual
misconduct, as defined in Section 22-85.5 of this Code, and

SB2437 - 801 - LRB103 26700 AMC 53063 b
that act resulted in the license holder's dismissal or
resignation from the school district. This notification must
be submitted within 30 days after the dismissal or resignation
and must include the Illinois Educator Identification Number
(IEIN) of the license holder and a brief description of the
misconduct alleged. The license holder must also be
contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State
Board of Education, or the State Educator Preparation and
Licensure Board under this subsection (e-5) is confidential
and must not be disclosed to third parties, except (i) as
necessary for the State Superintendent of Education or his or
her designee to investigate and prosecute pursuant to Article
21B of this Code, (ii) pursuant to a court order, (iii) for
disclosure to the license holder or his or her representative,
or (iv) as otherwise provided in this Article and provided
that any such information admitted into evidence in a hearing
is exempt from this confidentiality and non-disclosure
requirement. Except for an act of willful or wanton
misconduct, any superintendent who provides notification as
required in this subsection (e-5) shall have immunity from any
liability, whether civil or criminal or that otherwise might
result by reason of such action.
(f) After January 1, 1990 the provisions of this Section

SB2437 - 802 - LRB103 26700 AMC 53063 b
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by a school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as

SB2437 - 803 - LRB103 26700 AMC 53063 b
student teaching in this Section) in the public schools, 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 school district where the student teaching is
to be completed. Upon receipt of this authorization and
payment, the school district 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 president of
the school board for the school district that requested the
check. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district 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 board may knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex

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Offender Database check, and a Statewide Murderer and Violent
Offender Against Youth Database check have not been completed
and reviewed by the district.
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 president of the school board is confidential and may
only be transmitted to the superintendent of the school
district 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 board shall 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
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, no
school board shall allow a person to student teach if he or she
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. Each school
board must consider the status of a person to student teach who
has been issued an indicated finding of abuse or neglect of a

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child by the Department of Children and Family Services under
the Abused and Neglected Child Reporting Act or by a child
welfare agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894,
eff. 5-20-22; 102-1071, eff. 6-10-22; revised 8-24-22.)
(105 ILCS 5/10-22.24b)
Sec. 10-22.24b. School counseling services. School
counseling services in public schools may be provided by
school counselors as defined in Section 10-22.24a of this Code
or by individuals who hold a Professional Educator License
with a school support personnel endorsement in the area of
school counseling under Section 21B-25 of this Code.
School counseling services may include, but are not
limited to:
(1) designing and delivering a comprehensive school
counseling program that promotes student achievement and
wellness;
(2) incorporating the common core language into the
school counselor's work and role;
(3) school counselors working as culturally skilled
professionals who act sensitively to promote social
justice and equity in a pluralistic society;

SB2437 - 806 - LRB103 26700 AMC 53063 b
(4) providing individual and group counseling;
(5) providing a core counseling curriculum that serves
all students and addresses the knowledge and skills
appropriate to their developmental level through a
collaborative model of delivery involving the school
counselor, classroom teachers, and other appropriate
education professionals, and including prevention and
pre-referral activities;
(6) making referrals when necessary to appropriate
offices or outside agencies;
(7) providing college and career development
activities and counseling;
(8) developing individual career plans with students,
which includes planning for post-secondary education, as
appropriate, and engaging in related and relevant career
and technical education coursework in high school as
described in paragraph (55);
(9) assisting all students with a college or
post-secondary education plan, which must include a
discussion on all post-secondary education options,
including 4-year colleges or universities, community
colleges, and vocational schools, and includes planning
for post-secondary education, as appropriate, and engaging
in related and relevant career and technical education
coursework in high school as described in paragraph (55);
(10) intentionally addressing the career and college

SB2437 - 807 - LRB103 26700 AMC 53063 b
needs of first generation students;
(11) educating all students on scholarships, financial
aid, and preparation of the Federal Application for
Federal Student Aid;
(12) collaborating with institutions of higher
education and local community colleges so that students
understand post-secondary education options and are ready
to transition successfully;
(13) providing crisis intervention and contributing to
the development of a specific crisis plan within the
school setting in collaboration with multiple
stakeholders;
(14) educating students, teachers, and parents on
anxiety, depression, cutting, and suicide issues and
intervening with students who present with these issues;
(15) providing counseling and other resources to
students who are in crisis;
(16) providing resources for those students who do not
have access to mental health services;
(17) addressing bullying and conflict resolution with
all students;
(18) teaching communication skills and helping
students develop positive relationships;
(19) using culturally sensitive culturally-sensitive
skills in working with all students to promote wellness;
(20) addressing the needs of undocumented students in

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the school, as well as students who are legally in the
United States, but whose parents are undocumented;
(21) contributing to a student's functional behavioral
assessment, as well as assisting in the development of
non-aversive behavioral intervention strategies;
(22) (i) assisting students in need of special
education services by implementing the academic supports
and social-emotional and college or career development
counseling services or interventions per a student's
individualized education program (IEP); (ii) participating
in or contributing to a student's IEP and completing a
social-developmental history; or (iii) providing services
to a student with a disability under the student's IEP or
federal Section 504 plan, as recommended by the student's
IEP team or Section 504 plan team and in compliance with
federal and State laws and rules governing the provision
of educational and related services and school-based
accommodations to students with disabilities and the
qualifications of school personnel to provide such
services and accommodations;
(23) assisting in the development of a personal
educational plan with each student;
(24) educating students on dual credit and learning
opportunities on the Internet;
(25) providing information for all students in the
selection of courses that will lead to post-secondary

SB2437 - 809 - LRB103 26700 AMC 53063 b
education opportunities toward a successful career;
(26) interpreting achievement test results and guiding
students in appropriate directions;
(27) counseling with students, families, and teachers,
in compliance with federal and State laws;
(28) providing families with opportunities for
education and counseling as appropriate in relation to the
student's educational assessment;
(29) consulting and collaborating with teachers and
other school personnel regarding behavior management and
intervention plans and inclusion in support of students;
(30) teaming and partnering with staff, parents,
businesses, and community organizations to support student
achievement and social-emotional learning standards for
all students;
(31) developing and implementing school-based
prevention programs, including, but not limited to,
mediation and violence prevention, implementing social and
emotional education programs and services, and
establishing and implementing bullying prevention and
intervention programs;
(32) developing culturally sensitive
culturally-sensitive assessment instruments for measuring
school counseling prevention and intervention
effectiveness and collecting, analyzing, and interpreting
data;

SB2437 - 810 - LRB103 26700 AMC 53063 b
(33) participating on school and district committees
to advocate for student programs and resources, as well as
establishing a school counseling advisory council that
includes representatives of key stakeholders selected to
review and advise on the implementation of the school
counseling program;
(34) acting as a liaison between the public schools
and community resources and building relationships with
important stakeholders, such as families, administrators,
teachers, and board members;
(35) maintaining organized, clear, and useful records
in a confidential manner consistent with Section 5 of the
Illinois School Student Records Act, the Family
Educational Rights and Privacy Act, and the Health
Insurance Portability and Accountability Act;
(36) presenting an annual agreement to the
administration, including a formal discussion of the
alignment of school and school counseling program missions
and goals and detailing specific school counselor
responsibilities;
(37) identifying and implementing culturally sensitive
culturally-sensitive measures of success for student
competencies in each of the 3 domains of academic, social
and emotional, and college and career learning based on
planned and periodic assessment of the comprehensive
developmental school counseling program;

SB2437 - 811 - LRB103 26700 AMC 53063 b
(38) collaborating as a team member in Response to
Intervention (RtI) and other school initiatives;
(39) conducting observations and participating in
recommendations or interventions regarding the placement
of children in educational programs or special education
classes;
(40) analyzing data and results of school counseling
program assessments, including curriculum, small-group,
and closing-the-gap results reports, and designing
strategies to continue to improve program effectiveness;
(41) analyzing data and results of school counselor
competency assessments;
(42) following American School Counselor Association
Ethical Standards for School Counselors to demonstrate
high standards of integrity, leadership, and
professionalism;
(43) knowing and embracing common core standards by
using common core language;
(44) practicing as a culturally skilled
culturally-skilled school counselor by infusing the
multicultural competencies within the role of the school
counselor, including the practice of culturally sensitive
culturally-sensitive attitudes and beliefs, knowledge, and
skills;
(45) infusing the Social-Emotional Standards, as
presented in the State Board of Education standards,

SB2437 - 812 - LRB103 26700 AMC 53063 b
across the curriculum and in the counselor's role in ways
that empower and enable students to achieve academic
success across all grade levels;
(46) providing services only in areas in which the
school counselor has appropriate training or expertise, as
well as only providing counseling or consulting services
within his or her employment to any student in the
district or districts which employ such school counselor,
in accordance with professional ethics;
(47) having adequate training in supervision knowledge
and skills in order to supervise school counseling interns
enrolled in graduate school counselor preparation programs
that meet the standards established by the State Board of
Education;
(48) being involved with State and national
professional associations;
(49) participating, at least once every 2 years, in an
in-service training program for school counselors
conducted by persons with expertise in domestic and sexual
violence and the needs of expectant and parenting youth,
which 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

SB2437 - 813 - LRB103 26700 AMC 53063 b
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;
(50) participating, at least every 2 years, in an
in-service training program for school counselors
conducted by persons with expertise in anaphylactic
reactions and management;
(51) participating, at least once every 2 years, in an
in-service training on educator ethics, teacher-student
conduct, and school employee-student conduct for all
personnel;
(52) participating, in addition to other topics at
in-service training programs, in training to identify the
warning signs of mental illness and suicidal behavior in
adolescents and teenagers and learning appropriate
intervention and referral techniques;
(53) obtaining training 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

SB2437 - 814 - LRB103 26700 AMC 53063 b
may be appropriate considering the age and grade level of
the pupils; the school board shall supervise such training
and the State Board of Education and the Department of
Public Health shall jointly develop standards for such
training;
(54) participating in mandates from the State Board of
Education for bullying education and social-emotional
literacy literary; and
(55) promoting career and technical education by
assisting each student to determine an appropriate
postsecondary plan based upon the student's skills,
strengths, and goals and assisting the student to
implement the best practices that improve career or
workforce readiness after high school.
School districts may employ a sufficient number of school
counselors to maintain the national and State recommended
student-counselor ratio of 250 to 1. School districts may have
school counselors spend at least 80% of his or her work time in
direct contact with students.
Nothing in this Section prohibits other qualified
professionals, including other endorsed school support
personnel, from providing the services listed in this Section.
(Source: P.A. 101-290, eff. 8-9-19; 102-876, eff. 1-1-23;
revised 12-9-22.)
(105 ILCS 5/13-40) (from Ch. 122, par. 13-40)

SB2437 - 815 - LRB103 26700 AMC 53063 b
Sec. 13-40. To increase the effectiveness of the
Department of Juvenile Justice and thereby to better serve the
interests of the people of Illinois the following bill is
presented.
Its purpose is to enhance the quality and scope of
education for inmates and wards within the Department of
Juvenile Justice so that they will be better motivated and
better equipped to restore themselves to constructive and
law-abiding law abiding lives in the community. The specific
measure sought is the creation of a school district within the
Department so that its educational programs can meet the needs
of persons committed and so the resources of public education
at the state and federal levels are best used, all of the same
being contemplated within the provisions of the Illinois State
Constitution of 1970 which provides that "A fundamental goal
of the People of the State is the educational development of
all persons to the limits of their capacities." Therefore, on
July 1, 2006, the Department of Corrections school district
shall be transferred to the Department of Juvenile Justice. It
shall be responsible for the education of youth within the
Department of Juvenile Justice and inmates age 21 or under
within the Department of Corrections who have not yet earned a
high school diploma or a State of Illinois High School
Diploma, and the district may establish primary, secondary,
vocational, adult, special, and advanced educational schools
as provided in this Act. The Department of Corrections retains

SB2437 - 816 - LRB103 26700 AMC 53063 b
authority as provided for in subsection (d) of Section 3-6-2
of the Unified Code of Corrections. The Board of Education for
this district shall with the aid and advice of professional
educational personnel of the Department of Juvenile Justice
and the State Board of Education determine the needs and type
of schools and the curriculum for each school within the
school district and may proceed to establish the same through
existing means within present and future appropriations,
federal and state school funds, vocational rehabilitation
grants and funds and all other funds, gifts and grants,
private or public, including federal funds, but not exclusive
to the said sources but inclusive of all funds which might be
available for school purposes.
(Source: P.A. 102-1100, eff. 1-1-23; revised 12-9-22.)
(105 ILCS 5/13B-20.5)
Sec. 13B-20.5. Eligible activities and services.
Alternative learning opportunities programs may include,
without limitation, evening high school, in-school tutoring
and mentoring programs, in-school suspension programs, high
school completion programs to assist high school dropouts in
completing their education, high school completion programs to
allow students eligible for remote learning under Section
34-18.81 34-18.78 to complete their education while
incarcerated in an institution or facility of the Department
of Corrections, support services, parental involvement

SB2437 - 817 - LRB103 26700 AMC 53063 b
programs, and programs to develop, enhance, or extend the
transition for students transferring back to the regular
school program, an adult education program, or a
post-secondary education program.
(Source: P.A. 102-966, eff. 5-27-22; revised 8-3-22.)
(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

SB2437 - 818 - LRB103 26700 AMC 53063 b
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

SB2437 - 819 - LRB103 26700 AMC 53063 b
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):

SB2437 - 820 - LRB103 26700 AMC 53063 b
"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

SB2437 - 821 - LRB103 26700 AMC 53063 b
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.

SB2437 - 822 - LRB103 26700 AMC 53063 b
"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

SB2437 - 823 - LRB103 26700 AMC 53063 b
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

SB2437 - 824 - LRB103 26700 AMC 53063 b
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

SB2437 - 825 - LRB103 26700 AMC 53063 b
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

SB2437 - 826 - LRB103 26700 AMC 53063 b
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

SB2437 - 827 - LRB103 26700 AMC 53063 b
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

SB2437 - 828 - LRB103 26700 AMC 53063 b
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

SB2437 - 829 - LRB103 26700 AMC 53063 b
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.

SB2437 - 830 - LRB103 26700 AMC 53063 b
"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

SB2437 - 831 - LRB103 26700 AMC 53063 b
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

SB2437 - 832 - LRB103 26700 AMC 53063 b
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

SB2437 - 833 - LRB103 26700 AMC 53063 b
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

SB2437 - 834 - LRB103 26700 AMC 53063 b
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

SB2437 - 835 - LRB103 26700 AMC 53063 b
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.

SB2437 - 836 - LRB103 26700 AMC 53063 b
"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

SB2437 - 837 - LRB103 26700 AMC 53063 b
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.

SB2437 - 838 - LRB103 26700 AMC 53063 b
"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

SB2437 - 839 - LRB103 26700 AMC 53063 b
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).

SB2437 - 840 - LRB103 26700 AMC 53063 b
(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.

SB2437 - 841 - LRB103 26700 AMC 53063 b
(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

SB2437 - 842 - LRB103 26700 AMC 53063 b
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

SB2437 - 843 - LRB103 26700 AMC 53063 b
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

SB2437 - 844 - LRB103 26700 AMC 53063 b
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

SB2437 - 845 - LRB103 26700 AMC 53063 b
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.

SB2437 - 846 - LRB103 26700 AMC 53063 b
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.

SB2437 - 847 - LRB103 26700 AMC 53063 b
(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

SB2437 - 848 - LRB103 26700 AMC 53063 b
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

SB2437 - 849 - LRB103 26700 AMC 53063 b
(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;

SB2437 - 850 - LRB103 26700 AMC 53063 b
(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.

SB2437 - 851 - LRB103 26700 AMC 53063 b
(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)

SB2437 - 852 - LRB103 26700 AMC 53063 b
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

SB2437 - 853 - LRB103 26700 AMC 53063 b
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

SB2437 - 854 - LRB103 26700 AMC 53063 b
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

SB2437 - 855 - LRB103 26700 AMC 53063 b
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

SB2437 - 856 - LRB103 26700 AMC 53063 b
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

SB2437 - 857 - LRB103 26700 AMC 53063 b
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

SB2437 - 858 - LRB103 26700 AMC 53063 b
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

SB2437 - 859 - LRB103 26700 AMC 53063 b
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

SB2437 - 860 - LRB103 26700 AMC 53063 b
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

SB2437 - 861 - LRB103 26700 AMC 53063 b
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

SB2437 - 862 - LRB103 26700 AMC 53063 b
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

SB2437 - 863 - LRB103 26700 AMC 53063 b
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

SB2437 - 864 - LRB103 26700 AMC 53063 b
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 $625,500.
For programs operated by a regional office of education or

SB2437 - 865 - LRB103 26700 AMC 53063 b
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

SB2437 - 866 - LRB103 26700 AMC 53063 b
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

SB2437 - 867 - LRB103 26700 AMC 53063 b
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

SB2437 - 868 - LRB103 26700 AMC 53063 b
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

SB2437 - 869 - LRB103 26700 AMC 53063 b
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

SB2437 - 870 - LRB103 26700 AMC 53063 b
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

SB2437 - 871 - LRB103 26700 AMC 53063 b
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

SB2437 - 872 - LRB103 26700 AMC 53063 b
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

SB2437 - 873 - LRB103 26700 AMC 53063 b
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.

SB2437 - 874 - LRB103 26700 AMC 53063 b
(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

SB2437 - 875 - LRB103 26700 AMC 53063 b
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

SB2437 - 876 - LRB103 26700 AMC 53063 b
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

SB2437 - 877 - LRB103 26700 AMC 53063 b
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

SB2437 - 878 - LRB103 26700 AMC 53063 b
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

SB2437 - 879 - LRB103 26700 AMC 53063 b
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

SB2437 - 880 - LRB103 26700 AMC 53063 b
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 by the end of September of each year
to the State Board as part of the annual budget process,
which 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

SB2437 - 881 - LRB103 26700 AMC 53063 b
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

SB2437 - 882 - LRB103 26700 AMC 53063 b
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,

SB2437 - 883 - LRB103 26700 AMC 53063 b
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

SB2437 - 884 - LRB103 26700 AMC 53063 b
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

SB2437 - 885 - LRB103 26700 AMC 53063 b
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

SB2437 - 886 - LRB103 26700 AMC 53063 b
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

SB2437 - 887 - LRB103 26700 AMC 53063 b
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.

SB2437 - 888 - LRB103 26700 AMC 53063 b
(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.

SB2437 - 889 - LRB103 26700 AMC 53063 b
(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. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 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; revised 12-13-22.)
(105 ILCS 5/21B-20)
Sec. 21B-20. Types of licenses. The State Board of
Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an
educator license with stipulations; (iii) a substitute
teaching license; or (iv) until June 30, 2023, a short-term
substitute teaching license. References in law regarding
individuals certified or certificated or required to be
certified or certificated under Article 21 of this Code shall
also include individuals licensed or required to be licensed
under this Article. The first year of all licenses ends on June
30 following one full year of the license being issued.
The State Board of Education, in consultation with the

SB2437 - 890 - LRB103 26700 AMC 53063 b
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
(1) Professional Educator License. Persons who (i)
have successfully completed an approved educator
preparation program and are recommended for licensure by
the Illinois institution offering the educator preparation
program, (ii) have successfully completed the required
testing under Section 21B-30 of this Code, (iii) have
successfully completed coursework on the psychology of,
the identification of, and the methods of instruction for
the exceptional child, including without limitation
children with learning disabilities, (iv) have
successfully completed coursework in methods of reading
and reading in the content area, and (v) have met all other
criteria established by rule of the State Board of
Education shall be issued a Professional Educator License.
All Professional Educator Licenses are valid until June 30
immediately following 5 years of the license being issued.
The Professional Educator License shall be endorsed with
specific areas and grade levels in which the individual is
eligible to practice. For an early childhood education
endorsement, an individual may satisfy the student
teaching requirement of his or her early childhood teacher
preparation program through placement in a setting with
children from birth through grade 2, and the individual

SB2437 - 891 - LRB103 26700 AMC 53063 b
may be paid and receive credit while student teaching. The
student teaching experience must meet the requirements of
and be approved by the individual's early childhood
teacher preparation program.
Individuals can receive subsequent endorsements on the
Professional Educator License. Subsequent endorsements
shall require a minimum of 24 semester hours of coursework
in the endorsement area and passage of the applicable
content area test, unless otherwise specified by rule.
(2) Educator License with Stipulations. An Educator
License with Stipulations shall be issued an endorsement
that limits the license holder to one particular position
or does not require completion of an approved educator
program or both.
An individual with an Educator License with
Stipulations must not be employed by a school district or
any other entity to replace any presently employed teacher
who otherwise would not be replaced for any reason.
An Educator License with Stipulations may be issued
with the following endorsements:
(A) (Blank).
(B) Alternative provisional educator. An
alternative provisional educator endorsement on an
Educator License with Stipulations may be issued to an
applicant who, at the time of applying for the
endorsement, has done all of the following:

SB2437 - 892 - LRB103 26700 AMC 53063 b
(i) Graduated from a regionally accredited
college or university with a minimum of a
bachelor's degree.
(ii) Successfully completed the first phase of
the Alternative Educator Licensure Program for
Teachers, as described in Section 21B-50 of this
Code.
(iii) Passed a content area test, as required
under Section 21B-30 of this Code.
The alternative provisional educator endorsement is
valid for 2 years of teaching and may be renewed for a
third year by an individual meeting the requirements set
forth in Section 21B-50 of this Code.
(C) Alternative provisional superintendent. An
alternative provisional superintendent endorsement on
an Educator License with Stipulations entitles the
holder to serve only as a superintendent or assistant
superintendent in a school district's central office.
This endorsement may only be issued to an applicant
who, at the time of applying for the endorsement, has
done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a master's
degree in a management field other than education.
(ii) Been employed for a period of at least 5
years in a management level position in a field

SB2437 - 893 - LRB103 26700 AMC 53063 b
other than education.
(iii) Successfully completed the first phase
of an alternative route to superintendent
endorsement program, as provided in Section 21B-55
of this Code.
(iv) Passed a content area test required under
Section 21B-30 of this Code.
The endorsement is valid for 2 fiscal years in
order to complete one full year of serving as a
superintendent or assistant superintendent.
(D) (Blank).
(E) Career and technical educator. A career and
technical educator endorsement on an Educator License
with Stipulations may be issued to an applicant who
has a minimum of 60 semester hours of coursework from a
regionally accredited institution of higher education
or an accredited trade and technical institution and
has a minimum of 2,000 hours of experience outside of
education in each area to be taught.
The career and technical educator endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed.
An individual who holds a valid career and
technical educator endorsement on an Educator License
with Stipulations but does not hold a bachelor's

SB2437 - 894 - LRB103 26700 AMC 53063 b
degree may substitute teach in career and technical
education classrooms.
(F) (Blank).
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for
the purpose of providing instruction in accordance
with Article 14C of this Code to an applicant who
provides satisfactory evidence that he or she meets
all of the following requirements:
(i) Possesses adequate speaking, reading, and
writing ability in the language other than English
in which transitional bilingual education is
offered.
(ii) Has the ability to successfully
communicate in English.
(iii) Either possessed, within 5 years
previous to his or her applying for a transitional
bilingual educator endorsement, a valid and
comparable teaching certificate or comparable
authorization issued by a foreign country or holds
a degree from an institution of higher learning in
a foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher

SB2437 - 895 - LRB103 26700 AMC 53063 b
learning in the United States.
A transitional bilingual educator endorsement
shall be valid for prekindergarten through grade 12,
is valid until June 30 immediately following 5 years
of the endorsement being issued, and shall not be
renewed.
Persons holding a transitional bilingual educator
endorsement shall not be employed to replace any
presently employed teacher who otherwise would not be
replaced for any reason.
(H) Language endorsement. In an effort to
alleviate the shortage of teachers speaking a language
other than English in the public schools, an
individual who holds an Educator License with
Stipulations may also apply for a language
endorsement, provided that the applicant provides
satisfactory evidence that he or she meets all of the
following requirements:
(i) Holds a transitional bilingual
endorsement.
(ii) Has demonstrated proficiency in the
language for which the endorsement is to be issued
by passing the applicable language content test
required by the State Board of Education.
(iii) Holds a bachelor's degree or higher from
a regionally accredited institution of higher

SB2437 - 896 - LRB103 26700 AMC 53063 b
education or, for individuals educated in a
country other than the United States, holds a
degree from an institution of higher learning in a
foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
(iv) (Blank).
A language endorsement on an Educator License with
Stipulations is valid for prekindergarten through
grade 12 for the same validity period as the
individual's transitional bilingual educator
endorsement on the Educator License with Stipulations
and shall not be renewed.
(I) Visiting international educator. A visiting
international educator endorsement on an Educator
License with Stipulations may be issued to an
individual who is being recruited by a particular
school district that conducts formal recruitment
programs outside of the United States to secure the
services of qualified teachers and who meets all of
the following requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree issued in the United States.
(ii) Has been prepared as a teacher at the

SB2437 - 897 - LRB103 26700 AMC 53063 b
grade level for which he or she will be employed.
(iii) Has adequate content knowledge in the
subject to be taught.
(iv) Has an adequate command of the English
language.
A holder of a visiting international educator
endorsement on an Educator License with Stipulations
shall be permitted to teach in bilingual education
programs in the language that was the medium of
instruction in his or her teacher preparation program,
provided that he or she passes the English Language
Proficiency Examination or another test of writing
skills in English identified by the State Board of
Education, in consultation with the State Educator
Preparation and Licensure Board.
A visiting international educator endorsement on
an Educator License with Stipulations is valid for 5
years and shall not be renewed.
(J) Paraprofessional educator. A paraprofessional
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who holds a
high school diploma or its recognized equivalent and
(i) holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education; (ii) has passed a
paraprofessional competency test under subsection

SB2437 - 898 - LRB103 26700 AMC 53063 b
(c-5) of Section 21B-30; or (iii) is at least 18 years
of age and will be using the Educator License with
Stipulations exclusively for grades prekindergarten
through grade 8, until the individual reaches the age
of 19 years and otherwise meets the criteria for a
paraprofessional educator endorsement pursuant to this
subparagraph (J). The paraprofessional educator
endorsement is valid until June 30 immediately
following 5 years of the endorsement being issued and
may be renewed through application and payment of the
appropriate fee, as required under Section 21B-40 of
this Code. An individual who holds only a
paraprofessional educator endorsement is not subject
to additional requirements in order to renew the
endorsement.
(K) Chief school business official. A chief school
business official endorsement on an Educator License
with Stipulations may be issued to an applicant who
qualifies by having a master's degree or higher, 2
years of full-time administrative experience in school
business management or 2 years of university-approved
practical experience, and a minimum of 24 semester
hours of graduate credit in a program approved by the
State Board of Education for the preparation of school
business administrators and by passage of the
applicable State tests, including an applicable

SB2437 - 899 - LRB103 26700 AMC 53063 b
content area test.
The chief school business official endorsement may
also be affixed to the Educator License with
Stipulations of any holder who qualifies by having a
master's degree in business administration, finance,
accounting, or public administration and who completes
an additional 6 semester hours of internship in school
business management from a regionally accredited
institution of higher education and passes the
applicable State tests, including an applicable
content area test. This endorsement shall be required
for any individual employed as a chief school business
official.
The chief school business official endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed if the
license holder completes renewal requirements as
required for individuals who hold a Professional
Educator License endorsed for chief school business
official under Section 21B-45 of this Code and such
rules as may be adopted by the State Board of
Education.
The State Board of Education shall adopt any rules
necessary to implement Public Act 100-288.
(L) Provisional in-state educator. A provisional

SB2437 - 900 - LRB103 26700 AMC 53063 b
in-state educator endorsement on an Educator License
with Stipulations may be issued to a candidate who has
completed an Illinois-approved educator preparation
program at an Illinois institution of higher education
and who has not successfully completed an
evidence-based assessment of teacher effectiveness but
who meets all of the following requirements:
(i) Holds at least a bachelor's degree.
(ii) Has completed an approved educator
preparation program at an Illinois institution.
(iii) Has passed an applicable content area
test, as required by Section 21B-30 of this Code.
(iv) Has attempted an evidence-based
assessment of teacher effectiveness and received a
minimum score on that assessment, as established
by the State Board of Education in consultation
with the State Educator Preparation and Licensure
Board.
A provisional in-state educator endorsement on an
Educator License with Stipulations is valid for one
full fiscal year after the date of issuance and may not
be renewed.
(M) (Blank).
(N) Specialized services. A specialized services
endorsement on an Educator License with Stipulations
may be issued as defined and specified by rule.

SB2437 - 901 - LRB103 26700 AMC 53063 b
(3) Substitute Teaching License. A Substitute Teaching
License may be issued to qualified applicants for
substitute teaching in all grades of the public schools,
prekindergarten through grade 12. Substitute Teaching
Licenses are not eligible for endorsements. Applicants for
a Substitute Teaching License must hold a bachelor's
degree or higher from a regionally accredited institution
of higher education or must be enrolled in an approved
educator preparation program in this State and have earned
at least 90 credit hours.
Substitute Teaching Licenses are valid for 5 years.
Substitute Teaching Licenses are valid for substitute
teaching in every county of this State. If an individual
has had his or her Professional Educator License or
Educator License with Stipulations suspended or revoked,
then that individual is not eligible to obtain a
Substitute Teaching License.
A substitute teacher may only teach in the place of a
licensed teacher who is under contract with the employing
board. If, however, there is no licensed teacher under
contract because of an emergency situation, then a
district may employ a substitute teacher for no longer
than 30 calendar days per each vacant position in the
district if the district notifies the appropriate regional
office of education within 5 business days after the
employment of the substitute teacher in the emergency

SB2437 - 902 - LRB103 26700 AMC 53063 b
situation. An emergency situation is one in which an
unforeseen vacancy has occurred and (i) a teacher is
unable to fulfill his or her contractual duties or (ii)
teacher capacity needs of the district exceed previous
indications, and the district is actively engaged in
advertising to hire a fully licensed teacher for the
vacant position.
There is no limit on the number of days that a
substitute teacher may teach in a single school district,
provided that no substitute teacher may teach for longer
than 120 days beginning with the 2021-2022 school year
through the 2022-2023 school year, otherwise 90 school
days for any one licensed teacher under contract in the
same school year. A substitute teacher who holds a
Professional Educator License or Educator License with
Stipulations shall not teach for more than 120 school days
for any one licensed teacher under contract in the same
school year. The limitations in this paragraph (3) on the
number of days a substitute teacher may be employed do not
apply to any school district operating under Article 34 of
this Code.
A school district may not require an individual who
holds a valid Professional Educator License or Educator
License with Stipulations to seek or hold a Substitute
Teaching License to teach as a substitute teacher.
(4) Short-Term Substitute Teaching License. Beginning

SB2437 - 903 - LRB103 26700 AMC 53063 b
on July 1, 2018 and until June 30, 2023, the State Board of
Education may issue a Short-Term Substitute Teaching
License. A Short-Term Substitute Teaching License may be
issued to a qualified applicant for substitute teaching in
all grades of the public schools, prekindergarten through
grade 12. Short-Term Substitute Teaching Licenses are not
eligible for endorsements. Applicants for a Short-Term
Substitute Teaching License must hold an associate's
degree or have completed at least 60 credit hours from a
regionally accredited institution of higher education.
Short-Term Substitute Teaching Licenses are valid for
substitute teaching in every county of this State. If an
individual has had his or her Professional Educator
License or Educator License with Stipulations suspended or
revoked, then that individual is not eligible to obtain a
Short-Term Substitute Teaching License.
The provisions of Sections 10-21.9 and 34-18.5 of this
Code apply to short-term substitute teachers.
An individual holding a Short-Term Substitute Teaching
License may teach no more than 15 consecutive days per
licensed teacher who is under contract. For teacher
absences lasting 6 or more days per licensed teacher who
is under contract, a school district may not hire an
individual holding a Short-Term Substitute Teaching
License, unless the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the

SB2437 - 904 - LRB103 26700 AMC 53063 b
Illinois Emergency Management Agency Act. An individual
holding a Short-Term Substitute Teaching License must
complete the training program under Section 10-20.67 or
34-18.60 of this Code to be eligible to teach at a public
school. This paragraph (4) is inoperative on and after
July 1, 2023.
(Source: P.A. 101-81, eff. 7-12-19; 101-220, eff. 8-7-19;
101-594, eff. 12-5-19; 101-643, eff. 6-18-20; 102-711, eff.
1-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717,
eff. 4-29-22; 102-894, eff. 5-20-22; revised 12-13-22.)
(105 ILCS 5/21B-45)
Sec. 21B-45. Professional Educator License renewal.
(a) Individuals holding a Professional Educator License
are required to complete the licensure renewal requirements as
specified in this Section, unless otherwise provided in this
Code.
Individuals holding a Professional Educator License shall
meet the renewal requirements set forth in this Section,
unless otherwise provided in this Code. If an individual holds
a license endorsed in more than one area that has different
renewal requirements, that individual shall follow the renewal
requirements for the position for which he or she spends the
majority of his or her time working.
(b) All Professional Educator Licenses not renewed as
provided in this Section shall lapse on September 1 of that

SB2437 - 905 - LRB103 26700 AMC 53063 b
year. Notwithstanding any other provisions of this Section, if
a license holder's electronic mail address is available, the
State Board of Education shall send him or her notification
electronically that his or her license will lapse if not
renewed, to be sent no more than 6 months prior to the license
lapsing. Lapsed licenses may be immediately reinstated upon
(i) payment to the State Board of Education by the applicant of
a $50 penalty or (ii) the demonstration of proficiency by
completing 9 semester hours of coursework from a regionally
accredited institution of higher education in the content area
that most aligns with one or more of the educator's
endorsement areas. Any and all back fees, including without
limitation registration fees owed from the time of expiration
of the license until the date of reinstatement, shall be paid
and kept in accordance with the provisions in Article 3 of this
Code concerning an institute fund and the provisions in
Article 21B of this Code concerning fees and requirements for
registration. Licenses not registered in accordance with
Section 21B-40 of this Code shall lapse after a period of 6
months from the expiration of the last year of registration or
on January 1 of the fiscal year following initial issuance of
the license. An unregistered license is invalid after
September 1 for employment and performance of services in an
Illinois public or State-operated school or cooperative and in
a charter school. Any license or endorsement may be
voluntarily surrendered by the license holder. A voluntarily

SB2437 - 906 - LRB103 26700 AMC 53063 b
surrendered license shall be treated as a revoked license. An
Educator License with Stipulations with only a
paraprofessional endorsement does not lapse.
(c) From July 1, 2013 through June 30, 2014, in order to
satisfy the requirements for licensure renewal provided for in
this Section, each professional educator licensee with an
administrative endorsement who is working in a position
requiring such endorsement shall complete one Illinois
Administrators' Academy course, as described in Article 2 of
this Code, per fiscal year.
(c-5) All licenses issued by the State Board of Education
under this Article that expire on June 30, 2020 and have not
been renewed by the end of the 2020 renewal period shall be
extended for one year and shall expire on June 30, 2021.
(d) Beginning July 1, 2014, in order to satisfy the
requirements for licensure renewal provided for in this
Section, each professional educator licensee may create a
professional development plan each year. The plan shall
address one or more of the endorsements that are required of
his or her educator position if the licensee is employed and
performing services in an Illinois public or State-operated
school or cooperative. If the licensee is employed in a
charter school, the plan shall address that endorsement or
those endorsements most closely related to his or her educator
position. Licensees employed and performing services in any
other Illinois schools may participate in the renewal

SB2437 - 907 - LRB103 26700 AMC 53063 b
requirements by adhering to the same process.
Except as otherwise provided in this Section, the
licensee's professional development activities shall align
with one or more of the following criteria:
(1) activities are of a type that engages engage
participants over a sustained period of time allowing for
analysis, discovery, and application as they relate to
student learning, social or emotional achievement, or
well-being;
(2) professional development aligns to the licensee's
performance;
(3) outcomes for the activities must relate to student
growth or district improvement;
(4) activities align to State-approved standards; and
(5) higher education coursework.
(e) For each renewal cycle, each professional educator
licensee shall engage in professional development activities.
Prior to renewal, the licensee shall enter electronically into
the Educator Licensure Information System (ELIS) the name,
date, and location of the activity, the number of professional
development hours, and the provider's name. The following
provisions shall apply concerning professional development
activities:
(1) Each licensee shall complete a total of 120 hours
of professional development per 5-year renewal cycle in
order to renew the license, except as otherwise provided

SB2437 - 908 - LRB103 26700 AMC 53063 b
in this Section.
(2) Beginning with his or her first full 5-year cycle,
any licensee with an administrative endorsement who is not
working in a position requiring such endorsement is not
required to complete Illinois Administrators' Academy
courses, as described in Article 2 of this Code. Such
licensees must complete one Illinois Administrators'
Academy course within one year after returning to a
position that requires the administrative endorsement.
(3) Any licensee with an administrative endorsement
who is working in a position requiring such endorsement or
an individual with a Teacher Leader endorsement serving in
an administrative capacity at least 50% of the day shall
complete one Illinois Administrators' Academy course, as
described in Article 2 of this Code, each fiscal year in
addition to 100 hours of professional development per
5-year renewal cycle in accordance with this Code.
However, for the 2021-2022 school year only, a licensee
under this paragraph (3) is not required to complete an
Illinois Administrators' Academy course.
(4) Any licensee holding a current National Board for
Professional Teaching Standards (NBPTS) master teacher
designation shall complete a total of 60 hours of
professional development per 5-year renewal cycle in order
to renew the license.
(5) Licensees working in a position that does not

SB2437 - 909 - LRB103 26700 AMC 53063 b
require educator licensure or working in a position for
less than 50% for any particular year are considered to be
exempt and shall be required to pay only the registration
fee in order to renew and maintain the validity of the
license.
(6) Licensees who are retired and qualify for benefits
from a State of Illinois retirement system shall be listed
as retired, and the license shall be maintained in retired
status. For any renewal cycle in which a licensee retires
during the renewal cycle, the licensee must complete
professional development activities on a prorated basis
depending on the number of years during the renewal cycle
the educator held an active license. If a licensee retires
during a renewal cycle, the license status must be updated
using ELIS indicating that the licensee wishes to maintain
the license in retired status and the licensee must show
proof of completion of professional development activities
on a prorated basis for all years of that renewal cycle for
which the license was active. An individual with a license
in retired status shall not be required to complete
professional development activities until returning to a
position that requires educator licensure. Upon returning
to work in a position that requires the Professional
Educator License, the license status shall immediately be
updated using ELIS and the licensee shall complete renewal
requirements for that year. A retired teacher, even if

SB2437 - 910 - LRB103 26700 AMC 53063 b
returning to a position that requires educator licensure,
shall not be required to pay registration fees. A license
in retired status cannot lapse. Beginning on January 6,
2017 (the effective date of Public Act 99-920) through
December 31, 2017, any licensee who has retired and whose
license has lapsed for failure to renew as provided in
this Section may reinstate that license and maintain it in
retired status upon providing proof to the State Board of
Education using ELIS that the licensee is retired and is
not working in a position that requires a Professional
Educator License.
(7) For any renewal cycle in which professional
development hours were required, but not fulfilled, the
licensee shall complete any missed hours to total the
minimum professional development hours required in this
Section prior to September 1 of that year. Professional
development hours used to fulfill the minimum required
hours for a renewal cycle may be used for only one renewal
cycle. For any fiscal year or renewal cycle in which an
Illinois Administrators' Academy course was required but
not completed, the licensee shall complete any missed
Illinois Administrators' Academy courses prior to
September 1 of that year. The licensee may complete all
deficient hours and Illinois Administrators' Academy
courses while continuing to work in a position that
requires that license until September 1 of that year.

SB2437 - 911 - LRB103 26700 AMC 53063 b
(8) Any licensee who has not fulfilled the
professional development renewal requirements set forth in
this Section at the end of any 5-year renewal cycle is
ineligible to register his or her license and may submit
an appeal to the State Superintendent of Education for
reinstatement of the license.
(9) If professional development opportunities were
unavailable to a licensee, proof that opportunities were
unavailable and request for an extension of time beyond
August 31 to complete the renewal requirements may be
submitted from April 1 through June 30 of that year to the
State Educator Preparation and Licensure Board. If an
extension is approved, the license shall remain valid
during the extension period.
(10) Individuals who hold exempt licenses prior to
December 27, 2013 (the effective date of Public Act
98-610) shall commence the annual renewal process with the
first scheduled registration due after December 27, 2013
(the effective date of Public Act 98-610).
(11) Notwithstanding any other provision of this
subsection (e), if a licensee earns more than the required
number of professional development hours during a renewal
cycle, then the licensee may carry over any hours earned
from April 1 through June 30 of the last year of the
renewal cycle. Any hours carried over in this manner must
be applied to the next renewal cycle. Illinois

SB2437 - 912 - LRB103 26700 AMC 53063 b
Administrators' Academy courses or hours earned in those
courses may not be carried over.
(e-5) The number of professional development hours
required under subsection (e) is reduced by 20% for any
renewal cycle that includes the 2021-2022 school year.
(f) At the time of renewal, each licensee shall respond to
the required questions under penalty of perjury.
(f-5) The State Board of Education shall conduct random
audits of licensees to verify a licensee's fulfillment of the
professional development hours required under this Section.
Upon completion of a random audit, if it is determined by the
State Board of Education that the licensee did not complete
the required number of professional development hours or did
not provide sufficient proof of completion, the licensee shall
be notified that his or her license has lapsed. A license that
has lapsed under this subsection may be reinstated as provided
in subsection (b).
(g) The following entities shall be designated as approved
to provide professional development activities for the renewal
of Professional Educator Licenses:
(1) The State Board of Education.
(2) Regional offices of education and intermediate
service centers.
(3) Illinois professional associations representing
the following groups that are approved by the State
Superintendent of Education:

SB2437 - 913 - LRB103 26700 AMC 53063 b
(A) school administrators;
(B) principals;
(C) school business officials;
(D) teachers, including special education
teachers;
(E) school boards;
(F) school districts;
(G) parents; and
(H) school service personnel.
(4) Regionally accredited institutions of higher
education that offer Illinois-approved educator
preparation programs and public community colleges subject
to the Public Community College Act.
(5) Illinois public school districts, charter schools
authorized under Article 27A of this Code, and joint
educational programs authorized under Article 10 of this
Code for the purposes of providing career and technical
education or special education services.
(6) A not-for-profit organization that, as of December
31, 2014 (the effective date of Public Act 98-1147), has
had or has a grant from or a contract with the State Board
of Education to provide professional development services
in the area of English Learning to Illinois school
districts, teachers, or administrators.
(7) State agencies, State boards, and State
commissions.

SB2437 - 914 - LRB103 26700 AMC 53063 b
(8) Museums as defined in Section 10 of the Museum
Disposition of Property Act.
(h) Approved providers under subsection (g) of this
Section shall make available professional development
opportunities that satisfy at least one of the following:
(1) increase the knowledge and skills of school and
district leaders who guide continuous professional
development;
(2) improve the learning of students;
(3) organize adults into learning communities whose
goals are aligned with those of the school and district;
(4) deepen educator's content knowledge;
(5) provide educators with research-based
instructional strategies to assist students in meeting
rigorous academic standards;
(6) prepare educators to appropriately use various
types of classroom assessments;
(7) use learning strategies appropriate to the
intended goals;
(8) provide educators with the knowledge and skills to
collaborate;
(9) prepare educators to apply research to decision
making;
(10) provide educators with training on inclusive
practices in the classroom that examines instructional and
behavioral strategies that improve academic and

SB2437 - 915 - LRB103 26700 AMC 53063 b
social-emotional outcomes for all students, with or
without disabilities, in a general education setting; or
(11) beginning on July 1, 2022, provide educators with
training on the physical and mental health needs of
students, student safety, educator ethics, professional
conduct, and other topics that address the well-being of
students and improve the academic and social-emotional
outcomes of students.
(i) Approved providers under subsection (g) of this
Section shall do the following:
(1) align professional development activities to the
State-approved national standards for professional
learning;
(2) meet the professional development criteria for
Illinois licensure renewal;
(3) produce a rationale for the activity that explains
how it aligns to State standards and identify the
assessment for determining the expected impact on student
learning or school improvement;
(4) maintain original documentation for completion of
activities;
(5) provide license holders with evidence of
completion of activities;
(6) request an Illinois Educator Identification Number
(IEIN) for each educator during each professional
development activity; and

SB2437 - 916 - LRB103 26700 AMC 53063 b
(7) beginning on July 1, 2019, register annually with
the State Board of Education prior to offering any
professional development opportunities in the current
fiscal year.
(j) The State Board of Education shall conduct annual
audits of a subset of approved providers, except for school
districts, which shall be audited by regional offices of
education and intermediate service centers. The State Board of
Education shall ensure that each approved provider, except for
a school district, is audited at least once every 5 years. The
State Board of Education may conduct more frequent audits of
providers if evidence suggests the requirements of this
Section or administrative rules are not being met.
(1) (Blank).
(2) Approved providers shall comply with the
requirements in subsections (h) and (i) of this Section by
annually submitting data to the State Board of Education
demonstrating how the professional development activities
impacted one or more of the following:
(A) educator and student growth in regards to
content knowledge or skills, or both;
(B) educator and student social and emotional
growth; or
(C) alignment to district or school improvement
plans.
(3) The State Superintendent of Education shall review

SB2437 - 917 - LRB103 26700 AMC 53063 b
the annual data collected by the State Board of Education,
regional offices of education, and intermediate service
centers in audits to determine if the approved provider
has met the criteria and should continue to be an approved
provider or if further action should be taken as provided
in rules.
(k) Registration fees shall be paid for the next renewal
cycle between April 1 and June 30 in the last year of each
5-year renewal cycle using ELIS. If all required professional
development hours for the renewal cycle have been completed
and entered by the licensee, the licensee shall pay the
registration fees for the next cycle using a form of credit or
debit card.
(l) Any professional educator licensee endorsed for school
support personnel who is employed and performing services in
Illinois public schools and who holds an active and current
professional license issued by the Department of Financial and
Professional Regulation or a national certification board, as
approved by the State Board of Education, related to the
endorsement areas on the Professional Educator License shall
be deemed to have satisfied the continuing professional
development requirements provided for in this Section. Such
individuals shall be required to pay only registration fees to
renew the Professional Educator License. An individual who
does not hold a license issued by the Department of Financial
and Professional Regulation shall complete professional

SB2437 - 918 - LRB103 26700 AMC 53063 b
development requirements for the renewal of a Professional
Educator License provided for in this Section.
(m) Appeals to the State Educator Preparation and
Licensure Board must be made within 30 days after receipt of
notice from the State Superintendent of Education that a
license will not be renewed based upon failure to complete the
requirements of this Section. A licensee may appeal that
decision to the State Educator Preparation and Licensure Board
in a manner prescribed by rule.
(1) Each appeal shall state the reasons why the State
Superintendent's decision should be reversed and shall be
sent by certified mail, return receipt requested, to the
State Board of Education.
(2) The State Educator Preparation and Licensure Board
shall review each appeal regarding renewal of a license
within 90 days after receiving the appeal in order to
determine whether the licensee has met the requirements of
this Section. The State Educator Preparation and Licensure
Board may hold an appeal hearing or may make its
determination based upon the record of review, which shall
consist of the following:
(A) the regional superintendent of education's
rationale for recommending nonrenewal of the license,
if applicable;
(B) any evidence submitted to the State
Superintendent along with the individual's electronic

SB2437 - 919 - LRB103 26700 AMC 53063 b
statement of assurance for renewal; and
(C) the State Superintendent's rationale for
nonrenewal of the license.
(3) The State Educator Preparation and Licensure Board
shall notify the licensee of its decision regarding
license renewal by certified mail, return receipt
requested, no later than 30 days after reaching a
decision. Upon receipt of notification of renewal, the
licensee, using ELIS, shall pay the applicable
registration fee for the next cycle using a form of credit
or debit card.
(n) The State Board of Education may adopt rules as may be
necessary to implement this Section.
(Source: P.A. 101-85, eff. 1-1-20; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-676, eff. 12-3-21; 102-710, eff.
4-27-22; 102-730, eff. 5-6-22; 102-852, eff. 5-13-22; revised
8-25-22.)
(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school
districts, including special charter districts, but not
including school districts in municipalities of 500,000 or
more, shall grant their full-time teachers, and also shall
grant such of their other employees as are eligible to
participate in the Illinois Municipal Retirement Fund under
the "600-Hour Standard" established, or under such other

SB2437 - 920 - LRB103 26700 AMC 53063 b
eligibility participation standard as may from time to time be
established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of
the Illinois Pension Code, as now or hereafter amended, sick
leave provisions not less in amount than 10 days at full pay in
each school year. If any such teacher or employee does not use
the full amount of annual leave thus allowed, the unused
amount shall be allowed to accumulate to a minimum available
leave of 180 days at full pay, including the leave of the
current year. Sick leave shall be interpreted to mean personal
illness, mental or behavioral health complications, quarantine
at home, or serious illness or death in the immediate family or
household. The school board may require a certificate from a
physician licensed in Illinois to practice medicine and
surgery in all its branches, a mental health professional
licensed in Illinois providing ongoing care or treatment to
the teacher or employee, a chiropractic physician licensed
under the Medical Practice Act of 1987, a licensed advanced
practice registered nurse, a licensed physician assistant, or,
if the treatment is by prayer or spiritual means, a spiritual
adviser or practitioner of the teacher's or employee's faith
as a basis for pay during leave after an absence of 3 days for
personal illness or as the school board may deem necessary in
other cases. If the school board does require a certificate as
a basis for pay during leave of less than 3 days for personal
illness, the school board shall pay, from school funds, the

SB2437 - 921 - LRB103 26700 AMC 53063 b
expenses incurred by the teachers or other employees in
obtaining the certificate.
Sick leave shall also be interpreted to mean birth,
adoption, placement for adoption, and the acceptance of a
child in need of foster care. Teachers and other employees to
which this Section applies are entitled to use up to 30 days of
paid sick leave because of the birth of a child that is not
dependent on the need to recover from childbirth. Paid sick
leave because of the birth of a child may be used absent
medical certification for up to 30 working school days, which
days may be used at any time within the 12-month period
following the birth of the child. The use of up to 30 working
school days of paid sick leave because of the birth of a child
may not be diminished as a result of any intervening period of
nonworking days or school not being in session, such as for
summer, winter, or spring break or holidays, that may occur
during the use of the paid sick leave. For paid sick leave for
adoption, placement for adoption, or the acceptance of a child
in need of foster care, the school board may require that the
teacher or other employee to which this Section applies
provide evidence that the formal adoption process or the
formal foster care process is underway, and such sick leave is
limited to 30 days unless a longer leave has been negotiated
with the exclusive bargaining representative. Paid sick leave
for adoption, placement for adoption, or the acceptance of a
child in need of foster care need not be used consecutively

SB2437 - 922 - LRB103 26700 AMC 53063 b
once the formal adoption process or the formal foster care
process is underway, and such sick leave may be used for
reasons related to the formal adoption process or the formal
foster care process prior to taking custody of the child or
accepting the child in need of foster care, in addition to
using such sick leave upon taking custody of the child or
accepting the child in need of foster care.
If, by reason of any change in the boundaries of school
districts, or by reason of the creation of a new school
district, the employment of a teacher is transferred to a new
or different board, the accumulated sick leave of such teacher
is not thereby lost, but is transferred to such new or
different district.
Any sick leave used by a teacher or employee during the
2021-2022 school year shall be returned to a teacher or
employee who receives all doses required to be fully
vaccinated against COVID-19, as defined in Section 10-20.83 of
this Code, if:
(1) the sick leave was taken because the teacher or
employee was restricted from being on school district
property because the teacher or employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;

SB2437 - 923 - LRB103 26700 AMC 53063 b
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
teacher or employee who was unable to attend elementary or
secondary school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
For purposes of return of sick leave used in the 2021-2022
school year pursuant this Section, an "employee" is a teacher
or employee employed by the school district on or after April
5, 2022 (the effective date of Public Act 102-697) this
amendatory Act of the 102nd General Assembly.
Leave shall be returned to a teacher or employee pursuant

SB2437 - 924 - LRB103 26700 AMC 53063 b
to this Section provided that the teacher or employee has
received all required doses to meet the definition of "fully
vaccinated against COVID-19" under Section 10-20.83 of this
Code no later than 5 weeks after April 5, 2022 (the effective
date of Public Act 102-697) this amendatory Act of the 102nd
General Assembly.
No school may rescind any sick leave returned to a teacher
or employee on the basis of a revision to the definition of
"fully vaccinated against COVID-19" by the Centers for Disease
Control and Prevention of the United States Department of
Health and Human Services or the Department of Public Health,
provided that the teacher or employee received all doses
required to be fully vaccinated against COVID-19, as defined
in Section 10-20.83 of this Code, at the time the sick leave
was returned to the teacher or employee.
For purposes of this Section, "immediate family" shall
include parents, spouse, brothers, sisters, children,
grandparents, grandchildren, parents-in-law, brothers-in-law,
sisters-in-law, and legal guardians.
(Source: P.A. 102-275, eff. 8-6-21; 102-697, eff. 4-5-22;
102-866, eff. 5-13-22; revised 8-25-22.)
(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
Sec. 26-2. Enrolled pupils not of compulsory school age.
(a) Any person having custody or control of a child who is
below the age of 6 years or is 17 years of age or above and who

SB2437 - 925 - LRB103 26700 AMC 53063 b
is enrolled in any of grades kindergarten through 12 in the
public school shall cause the child to attend the public
school in the district wherein he or she resides when it is in
session during the regular school term, unless the child is
excused under Section 26-1 of this Code.
(b) A school district shall deny reenrollment in its
secondary schools to any child 19 years of age or above who has
dropped out of school and who could not, because of age and
lack of credits, attend classes during the normal school year
and graduate before his or her twenty-first birthday. A
district may, however, enroll the child in a graduation
incentives program under Section 26-16 of this Code or an
alternative learning opportunities program established under
Article 13B. No child shall be denied reenrollment for the
above reasons unless the school district first offers the
child due process as required in cases of expulsion under
Section 10-22.6. If a child is denied reenrollment after being
provided with due process, the school district must provide
counseling to that child and must direct that child to
alternative educational programs, including adult education
programs, that lead to graduation or receipt of a State of
Illinois High School Diploma.
(c) A school or school district may deny enrollment to a
student 17 years of age or older for one semester for failure
to meet minimum attendance standards if all of the following
conditions are met:

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(1) The student was absent without valid cause for 20%
or more of the attendance days in the semester immediately
prior to the current semester.
(2) The student and the student's parent or guardian
are given written notice warning that the student is
subject to denial from enrollment for one semester unless
the student is absent without valid cause less than 20% of
the attendance days in the current semester.
(3) The student's parent or guardian is provided with
the right to appeal the notice, as determined by the State
Board of Education in accordance with due process.
(4) The student is provided with attendance
remediation services, including without limitation
assessment, counseling, and support services.
(5) The student is absent without valid cause for 20%
or more of the attendance days in the current semester.
A school or school district may not deny enrollment to a
student (or reenrollment to a dropout) who is at least 17 years
of age or older but below 19 years for more than one
consecutive semester for failure to meet attendance standards.
(d) No child may be denied reenrollment under this Section
in violation of the federal Individuals with Disabilities
Education Act or the Americans with Disabilities Act.
(e) In this subsection (e), "reenrolled student" means a
dropout who has reenrolled full-time in a public school. Each
school district shall identify, track, and report on the

SB2437 - 927 - LRB103 26700 AMC 53063 b
educational progress and outcomes of reenrolled students as a
subset of the district's required reporting on all
enrollments. A reenrolled student who again drops out must not
be counted again against a district's dropout rate performance
measure. The State Board of Education shall set performance
standards for programs serving reenrolled students.
(f) The State Board of Education shall adopt any rules
necessary to implement the changes to this Section made by
Public Act 93-803.
(Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23;
revised 12-13-22.)
(105 ILCS 5/27-22) (from Ch. 122, par. 27-22)
Sec. 27-22. Required high school courses.
(a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) Through the 2023-2024 school year, as a prerequisite
to receiving a high school diploma, each pupil entering the
9th grade must, in addition to other course requirements,
successfully complete all of the following courses:
(1) Four years of language arts.
(2) Two years of writing intensive courses, one of
which must be English and the other of which may be English
or any other subject. When applicable, writing-intensive

SB2437 - 928 - LRB103 26700 AMC 53063 b
courses may be counted towards the fulfillment of other
graduation requirements.
(3) Three years of mathematics, one of which must be
Algebra I, one of which must include geometry content, and
one of which may be an Advanced Placement computer science
course. A mathematics course that includes geometry
content may be offered as an integrated, applied,
interdisciplinary, or career and technical education
course that prepares a student for a career readiness
path.
(3.5) For pupils entering the 9th grade in the
2022-2023 school year and 2023-2024 school year, one year
of a course that includes intensive instruction in
computer literacy, which may be English, social studies,
or any other subject and which may be counted toward the
fulfillment of other graduation requirements.
(4) Two years of science.
(5) Two years of social studies, of which at least one
year must be history of the United States or a combination
of history of the United States and American government
and, beginning with pupils entering the 9th grade in the
2016-2017 school year and each school year thereafter, at
least one semester must be civics, which shall help young
people acquire and learn to use the skills, knowledge, and
attitudes that will prepare them to be competent and
responsible citizens throughout their lives. Civics course

SB2437 - 929 - LRB103 26700 AMC 53063 b
content shall focus on government institutions, the
discussion of current and controversial issues, service
learning, and simulations of the democratic process.
School districts may utilize private funding available for
the purposes of offering civics education. Beginning with
pupils entering the 9th grade in the 2021-2022 school
year, one semester, or part of one semester, may include a
financial literacy course.
(6) One year chosen from (A) music, (B) art, (C)
foreign language, which shall be deemed to include
American Sign Language, (D) vocational education, or (E)
forensic speech (speech and debate). A forensic speech
course used to satisfy the course requirement under
subdivision (1) may not be used to satisfy the course
requirement under this subdivision (6).
(e-5) Beginning with the 2024-2025 school year, as a
prerequisite to receiving a high school diploma, each pupil
entering the 9th grade must, in addition to other course
requirements, successfully complete all of the following
courses:
(1) Four years of language arts.
(2) Two years of writing intensive courses, one of
which must be English and the other of which may be English
or any other subject. If applicable, writing-intensive
courses may be counted toward the fulfillment of other
graduation requirements.

SB2437 - 930 - LRB103 26700 AMC 53063 b
(3) Three years of mathematics, one of which must be
Algebra I, one of which must include geometry content, and
one of which may be an Advanced Placement computer science
course. A mathematics course that includes geometry
content may be offered as an integrated, applied,
interdisciplinary, or career and technical education
course that prepares a student for a career readiness
path.
(3.5) One year of a course that includes intensive
instruction in computer literacy, which may be English,
social studies, or any other subject and which may be
counted toward the fulfillment of other graduation
requirements.
(4) Two years of laboratory science.
(5) Two years of social studies, of which at least one
year must be history of the United States or a combination
of history of the United States and American government
and at least one semester must be civics, which shall help
young people acquire and learn to use the skills,
knowledge, and attitudes that will prepare them to be
competent and responsible citizens throughout their lives.
Civics course content shall focus on government
institutions, the discussion of current and controversial
issues, service learning, and simulations of the
democratic process. School districts may utilize private
funding available for the purposes of offering civics

SB2437 - 931 - LRB103 26700 AMC 53063 b
education. One semester, or part of one semester, may
include a financial literacy course.
(6) One year chosen from (A) music, (B) art, (C)
foreign language, which shall be deemed to include
American Sign Language, (D) vocational education, or (E)
forensic speech (speech and debate). A forensic speech
course used to satisfy the course requirement under
subdivision (1) may not be used to satisfy the course
requirement under this subdivision (6).
(e-10) Beginning with the 2028-2029 school year, as a
prerequisite to receiving a high school diploma, each pupil
entering the 9th grade must, in addition to other course
requirements, successfully complete 2 years of foreign
language courses, which may include American Sign Language. A
pupil may choose a third year of foreign language to satisfy
the requirement under subdivision paragraph (6) of subsection
(e-5).
(f) The State Board of Education shall develop and inform
school districts of standards for writing-intensive
coursework.
(f-5) If a school district offers an Advanced Placement
computer science course to high school students, then the
school board must designate that course as equivalent to a
high school mathematics course and must denote on the
student's transcript that the Advanced Placement computer
science course qualifies as a mathematics-based, quantitative

SB2437 - 932 - LRB103 26700 AMC 53063 b
course for students in accordance with subdivision (3) of
subsection (e) of this Section.
(g) Public Act 83-1082 This amendatory Act of 1983 does
not apply to pupils entering the 9th grade in 1983-1984 school
year and prior school years or to students with disabilities
whose course of study is determined by an individualized
education program.
Public Act 94-676 This amendatory Act of the 94th General
Assembly does not apply to pupils entering the 9th grade in the
2004-2005 school year or a prior school year or to students
with disabilities whose course of study is determined by an
individualized education program.
Subdivision (3.5) of subsection (e) does not apply to
pupils entering the 9th grade in the 2021-2022 school year or a
prior school year or to students with disabilities whose
course of study is determined by an individualized education
program.
Subsection (e-5) does not apply to pupils entering the 9th
grade in the 2023-2024 school year or a prior school year or to
students with disabilities whose course of study is determined
by an individualized education program. Subsection (e-10) does
not apply to pupils entering the 9th grade in the 2027-2028
school year or a prior school year or to students with
disabilities whose course of study is determined by an
individualized education program.
(h) The provisions of this Section are subject to the

SB2437 - 933 - LRB103 26700 AMC 53063 b
provisions of Section 27-22.05 of this Code and the
Postsecondary and Workforce Readiness Act.
(i) The State Board of Education may adopt rules to modify
the requirements of this Section for any students enrolled in
grades 9 through 12 if the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act.
(Source: P.A. 101-464, eff. 1-1-20; 101-643, eff. 6-18-20;
101-654, Article 50, Section 50-5, eff. 3-8-21; 101-654,
Article 60, Section 60-5, eff. 3-8-21; 102-366, eff. 8-13-21;
102-551, eff. 1-1-22; 102-864, eff. 5-13-22; revised 9-2-22.)
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 102-466 and
102-702)
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.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school

SB2437 - 934 - LRB103 26700 AMC 53063 b
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(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. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must

SB2437 - 935 - LRB103 26700 AMC 53063 b
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 (one year after the
effective date of Public Act 101-291) 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 of Education.
(d) For purposes of this subsection (d), "non-curricular

SB2437 - 936 - LRB103 26700 AMC 53063 b
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. On or before September
1, 2015, 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

SB2437 - 937 - LRB103 26700 AMC 53063 b
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,

SB2437 - 938 - LRB103 26700 AMC 53063 b
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

SB2437 - 939 - LRB103 26700 AMC 53063 b
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 Subsections (d-10), (d-15), and
(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.

SB2437 - 940 - LRB103 26700 AMC 53063 b
(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.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. 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.

SB2437 - 941 - LRB103 26700 AMC 53063 b
(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 approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 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; 102-805, eff. 1-1-23; 102-813,
eff. 5-13-22; revised 12-13-22.)
(Text of Section after amendment by P.A. 102-702 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,

SB2437 - 942 - LRB103 26700 AMC 53063 b
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.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), 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. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter

SB2437 - 943 - LRB103 26700 AMC 53063 b
school with virtual-schooling components already approved
prior to April 1, 2013.
(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. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), 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 (one year after the
effective date of Public Act 101-291) 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

SB2437 - 944 - LRB103 26700 AMC 53063 b
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 of Education.
(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. On or before September
1, 2015, 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

SB2437 - 945 - LRB103 26700 AMC 53063 b
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

SB2437 - 946 - LRB103 26700 AMC 53063 b
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

SB2437 - 947 - LRB103 26700 AMC 53063 b
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; and
(25) Section 2-3.188 of this Code;

SB2437 - 948 - LRB103 26700 AMC 53063 b
(26) Section 22-85.5 of this Code;
(27) subsections Subsections (d-10), (d-15), and
(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 of this Code; and .
(32) (25) 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.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of

SB2437 - 949 - LRB103 26700 AMC 53063 b
the 2004-2005 school year. 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 approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

SB2437 - 950 - LRB103 26700 AMC 53063 b
8-23-19; 101-654, eff. 3-8-21; 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; revised 12-13-22.)
(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.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), 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. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with

SB2437 - 951 - LRB103 26700 AMC 53063 b
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(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. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), 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 (one year after the
effective date of Public Act 101-291) or within the first year

SB2437 - 952 - LRB103 26700 AMC 53063 b
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 of Education.
(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

SB2437 - 953 - LRB103 26700 AMC 53063 b
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. On or before September
1, 2015, 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

SB2437 - 954 - LRB103 26700 AMC 53063 b
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

SB2437 - 955 - LRB103 26700 AMC 53063 b
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;

SB2437 - 956 - LRB103 26700 AMC 53063 b
(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; and
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections Subsections (d-10), (d-15), and
(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 of this Code; and .
(32) (25) 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

SB2437 - 957 - LRB103 26700 AMC 53063 b
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.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. 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

SB2437 - 958 - LRB103 26700 AMC 53063 b
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 approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 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;
revised 12-13-22.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
(Text of Section before amendment by P.A. 102-702)
Sec. 34-18.5. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been

SB2437 - 959 - LRB103 26700 AMC 53063 b
convicted of any disqualifying, enumerated criminal or drug
offense in subsection (c) of this Section or have been
convicted, within 7 years of the application for employment
with the school district, 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 district, except that if the applicant
is a substitute teacher seeking employment in more than one
school district, or a teacher seeking concurrent part-time
employment positions with more than one school district (as a
reading specialist, special education teacher or otherwise),
or an educational support personnel employee seeking
employment positions with more than one district, any such
district may require the applicant to furnish authorization
for the check to the regional superintendent of the
educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as

SB2437 - 960 - LRB103 26700 AMC 53063 b
prescribed by the Illinois State Police, to the Illinois State
Police. The regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. 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 president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent. Subject to
appropriations for these purposes, the State Superintendent of
Education shall reimburse the school district and regional
superintendent for fees paid to obtain criminal history
records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community

SB2437 - 961 - LRB103 26700 AMC 53063 b
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Illinois State Police by the regional
superintendent, the State Board of Education and the school
district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation

SB2437 - 962 - LRB103 26700 AMC 53063 b
and Licensure Board 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 the
check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, 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 and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the

SB2437 - 963 - LRB103 26700 AMC 53063 b
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, 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 and
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(b-5) If a criminal history records check or check of the

SB2437 - 964 - LRB103 26700 AMC 53063 b
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with the school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
(c) The board of education shall not knowingly employ a
person 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, except as provided
under subsection (b) of 21B-80. Further, the board of
education shall not knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of any
minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. As a condition of
employment, the board of education must consider the status of
a person who has been issued an indicated finding of abuse or
neglect of a child by the Department of Children and Family
Services under the Abused and Neglected Child Reporting Act or
by a child welfare agency of another jurisdiction.
(d) The board of education shall not knowingly employ a

SB2437 - 965 - LRB103 26700 AMC 53063 b
person for whom a criminal history records check and a
Statewide Sex Offender Database check have not been initiated.
(e) Within 10 days after the general superintendent of
schools, a regional office of education, or an entity that
provides background checks of license holders to public
schools receives information of a pending criminal charge
against a license holder for an offense set forth in Section
21B-80 of this Code, the superintendent, regional office of
education, or entity must notify the State Superintendent of
Education of the pending criminal charge.
No later than 15 business days after receipt of a record of
conviction or of checking the Statewide Murderer and Violent
Offender Against Youth Database or the Statewide Sex Offender
Database and finding a registration, the general
superintendent of schools or the applicable regional
superintendent shall, in writing, notify the State
Superintendent of Education of any license holder who has been
convicted of a crime set forth in Section 21B-80 of this Code.
Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any license issued pursuant to
Article 21B or Section 34-8.1 of this Code, the State
Superintendent of Education may initiate licensure suspension
and revocation proceedings as authorized by law. If the
receipt of the record of conviction or finding of child abuse
is received within 6 months after the initial grant of or
renewal of a license, the State Superintendent of Education

SB2437 - 966 - LRB103 26700 AMC 53063 b
may rescind the license holder's license.
(e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
license holder whom he or she has reasonable cause to believe
has committed an intentional act of abuse or neglect with the
result of making a child an abused child or a neglected child,
as defined in Section 3 of the Abused and Neglected Child
Reporting Act, and that act resulted in the license holder's
dismissal or resignation from the school district and must
include the Illinois Educator Identification Number (IEIN) of
the license holder and a brief description of the misconduct
alleged. This notification must be submitted within 30 days
after the dismissal or resignation. The license holder must
also be contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the State Superintendent of
Education, the State Board of Education, or the State Educator
Preparation and Licensure Board under this subsection (e-5) is
confidential and must not be disclosed to third parties,
except (i) as necessary for the State Superintendent of
Education or his or her designee to investigate and prosecute
pursuant to Article 21B of this Code, (ii) pursuant to a court
order, (iii) for disclosure to the license holder or his or her
representative, or (iv) as otherwise provided in this Article
and provided that any such information admitted into evidence
in a hearing is exempt from this confidentiality and

SB2437 - 967 - LRB103 26700 AMC 53063 b
non-disclosure requirement. Except for an act of willful or
wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.

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(f-5) Upon request of a school or school district, any
information obtained by the school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, 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 school district. Upon receipt of this
authorization and payment, the school district 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 president of
the board. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district 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

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Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. The
board may not 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 district.
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 president of the board is confidential and may only be
transmitted to the general superintendent of schools 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.
The board may not 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
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, the
board may not allow a person to student teach if he or she has
been found to be the perpetrator of sexual or physical abuse of

SB2437 - 970 - LRB103 26700 AMC 53063 b
a minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. The board must
consider the status of a person to student teach who has been
issued an indicated finding of abuse or neglect of a child by
the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act or by a child welfare
agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22;
102-1071, eff. 6-10-22.)
(Text of Section after amendment by P.A. 102-702)
Sec. 34-18.5. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any disqualifying, enumerated criminal or drug
offense in subsection (c) of this Section or have been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any

SB2437 - 971 - LRB103 26700 AMC 53063 b
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 district, except that if the applicant
is a substitute teacher seeking employment in more than one
school district, or a teacher seeking concurrent part-time
employment positions with more than one school district (as a
reading specialist, special education teacher or otherwise),
or an educational support personnel employee seeking
employment positions with more than one district, any such
district may require the applicant to furnish authorization
for the check to the regional superintendent of the
educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, 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 regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or

SB2437 - 972 - LRB103 26700 AMC 53063 b
concurrent educational support personnel employee that the
check of the applicant has been requested. 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 president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent. Subject to
appropriations for these purposes, the State Superintendent of
Education shall reimburse the school district and regional
superintendent for fees paid to obtain criminal history
records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.

SB2437 - 973 - LRB103 26700 AMC 53063 b
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Illinois State Police by the regional
superintendent, the State Board of Education and the school
district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation
and Licensure Board 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 the
check of the Statewide Sex Offender Database or Statewide

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Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, 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 and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment

SB2437 - 975 - LRB103 26700 AMC 53063 b
with the school district, 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 and
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with the school district, the regional
superintendent may disclose to the State Board of Education

SB2437 - 976 - LRB103 26700 AMC 53063 b
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
(c) The board of education shall not knowingly employ a
person 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, except as provided
under subsection (b) of 21B-80. Further, the board of
education shall not knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of any
minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. As a condition of
employment, the board of education must consider the status of
a person who has been issued an indicated finding of abuse or
neglect of a child by the Department of Children and Family
Services under the Abused and Neglected Child Reporting Act or
by a child welfare agency of another jurisdiction.
(d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check have not been initiated.
(e) Within 10 days after the general superintendent of
schools, a regional office of education, or an entity that
provides background checks of license holders to public

SB2437 - 977 - LRB103 26700 AMC 53063 b
schools receives information of a pending criminal charge
against a license holder for an offense set forth in Section
21B-80 of this Code, the superintendent, regional office of
education, or entity must notify the State Superintendent of
Education of the pending criminal charge.
No later than 15 business days after receipt of a record of
conviction or of checking the Statewide Murderer and Violent
Offender Against Youth Database or the Statewide Sex Offender
Database and finding a registration, the general
superintendent of schools or the applicable regional
superintendent shall, in writing, notify the State
Superintendent of Education of any license holder who has been
convicted of a crime set forth in Section 21B-80 of this Code.
Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any license issued pursuant to
Article 21B or Section 34-8.1 of this Code, the State
Superintendent of Education may initiate licensure suspension
and revocation proceedings as authorized by law. If the
receipt of the record of conviction or finding of child abuse
is received within 6 months after the initial grant of or
renewal of a license, the State Superintendent of Education
may rescind the license holder's license.
(e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
license holder whom he or she has reasonable cause to believe
has committed (i) an intentional act of abuse or neglect with

SB2437 - 978 - LRB103 26700 AMC 53063 b
the result of making a child an abused child or a neglected
child, as defined in Section 3 of the Abused and Neglected
Child Reporting Act or (ii) an act of sexual misconduct, as
defined in Section 22-85.5 of this Code, and that act resulted
in the license holder's dismissal or resignation from the
school district and must include the Illinois Educator
Identification Number (IEIN) of the license holder and a brief
description of the misconduct alleged. This notification must
be submitted within 30 days after the dismissal or
resignation. The license holder must also be contemporaneously
sent a copy of the notice by the superintendent. All
correspondence, documentation, and other information so
received by the State Superintendent of Education, the State
Board of Education, or the State Educator Preparation and
Licensure Board under this subsection (e-5) is confidential
and must not be disclosed to third parties, except (i) as
necessary for the State Superintendent of Education or his or
her designee to investigate and prosecute pursuant to Article
21B of this Code, (ii) pursuant to a court order, (iii) for
disclosure to the license holder or his or her representative,
or (iv) as otherwise provided in this Article and provided
that any such information admitted into evidence in a hearing
is exempt from this confidentiality and non-disclosure
requirement. Except for an act of willful or wanton
misconduct, any superintendent who provides notification as
required in this subsection (e-5) shall have immunity from any

SB2437 - 979 - LRB103 26700 AMC 53063 b
liability, whether civil or criminal or that otherwise might
result by reason of such action.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by the school district pursuant to
subsection (f) of this Section within the last year must be

SB2437 - 980 - LRB103 26700 AMC 53063 b
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, 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 school district. Upon receipt of this
authorization and payment, the school district 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 president of
the board. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district 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. The
board may not knowingly allow a person to student teach for

SB2437 - 981 - LRB103 26700 AMC 53063 b
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 district.
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 president of the board is confidential and may only be
transmitted to the general superintendent of schools 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.
The board may not 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
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, the
board may not allow a person to student teach if he or she 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. The board must
consider the status of a person to student teach who has been

SB2437 - 982 - LRB103 26700 AMC 53063 b
issued an indicated finding of abuse or neglect of a child by
the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act or by a child welfare
agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894,
eff. 5-20-22; 102-1071, eff. 6-10-22; revised 8-17-22.)
(105 ILCS 5/34-18.78)
Sec. 34-18.78. COVID-19 paid administrative leave.
(a) In this Section:
"Employee" means a person employed by the school district
on or after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
"Fully vaccinated against COVID-19" means:
(1) 2 weeks after receiving the second dose in a
2-dose series of a COVID-19 vaccine authorized for
emergency use, licensed, or otherwise approved by the
United States Food and Drug Administration; or
(2) 2 weeks after receiving a single dose of a
COVID-19 vaccine authorized for emergency use, licensed,
or otherwise approved by the United States Food and Drug
Administration.
"Fully vaccinated against COVID-19" also includes any

SB2437 - 983 - LRB103 26700 AMC 53063 b
recommended booster doses for which the individual is eligible
upon the adoption by the Department of Public Health of any
changes made by the Centers for Disease Control and Prevention
of the United States Department of Health and Human Services
to the definition of "fully vaccinated against COVID-19" to
include any such booster doses. For purposes of this Section,
individuals who are eligible for a booster dose but have not
received a booster dose by 5 weeks after the Department of
Public Health adopts a revised definition of "fully vaccinated
against COVID-19" are not considered fully vaccinated for
determining eligibility for future paid administrative leave
pursuant to this Section.
"School district" includes charter schools established
under Article 27A of this Code.
(b) During any time when the Governor has declared a
disaster due to a public health emergency pursuant to Section
7 of the Illinois Emergency Management Agency Act and the
school district, the State or any of its agencies, or a local
public health department has issued guidance, mandates, or
rules related to COVID-19 that restrict an employee of the
school district from being on school district property because
the employee (i) has a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as a
polymerase chain reaction (PCR) test for COVID-19, (ii) has a
probable COVID-19 diagnosis via an antigen diagnostic test,
(iii) has been in close contact with a person who had a

SB2437 - 984 - LRB103 26700 AMC 53063 b
confirmed case of COVID-19 and is required to be excluded from
the school, or (iv) is required by the school or school
district policy to be excluded from school district property
due to COVID-19 symptoms, the employee of the school district
shall receive as many days of administrative leave as required
to abide by the public health guidance, mandates, and
requirements issued by the Department of Public Health, unless
a longer period of paid administrative leave has been
negotiated with the exclusive bargaining representative. Such
leave shall be provided to an employee for any days for which
the employee was required to be excluded from school property
prior to April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly,
provided that the employee receives all doses required to meet
the definition of "fully vaccinated against COVID-19" under
this Section no later than 5 weeks after April 5, 2022 (the
effective date of Public Act 102-697) this amendatory Act of
the 102nd General Assembly.
(c) An employee of the school district shall receive paid
administrative leave pursuant to subsection (b) of this
Section, unless a longer period of paid administrative leave
has been negotiated with the exclusive bargaining
representative, to care for a child of the employee if the
child is unable to attend elementary or secondary school
because the child has:
(1) a confirmed positive COVID-19 diagnosis via a

SB2437 - 985 - LRB103 26700 AMC 53063 b
molecular amplification diagnostic test, such as a
polymerase chain reaction (PCR) test for COVID-19;
(2) a probable COVID-19 diagnosis via an antigen
diagnostic test;
(3) been in close contact with a person who has a
confirmed case of COVID-19 and is required to be excluded
from school; or
(4) been required by the school or school district
policy to be excluded from school district property due to
COVID-19 symptoms.
Such leave shall be provided to an employee for any days needed
to care for a child of the employee prior to April 5, 2022 (the
effective date of Public Act 102-697) this amendatory Act of
the 102nd General Assembly, provided that the employee
receives the doses required to meet the definition of "fully
vaccinated against COVID-19" under this Section no later than
5 weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
(d) An employee of the school district who is on paid
administrative leave pursuant to this Section must provide all
documentation requested by the board.
(e) An employee of the school district who is on paid
administrative leave pursuant to this Section shall receive
the employee's regular rate of pay. The use of a paid
administrative leave day or days by an employee pursuant to
this Section may not diminish any other leave or benefits of

SB2437 - 986 - LRB103 26700 AMC 53063 b
the employee.
(f) An employee of the school district may not accrue paid
administrative leave pursuant to this Section.
(g) For an employee of the school district to be eligible
to receive paid administrative leave pursuant to this Section,
the employee must:
(1) have received all required doses to be fully
vaccinated against COVID-19, as defined in this Section;
and
(2) participate in the COVID-19 testing program
adopted by the school district to the extent such a
testing program requires participation by individuals who
are fully vaccinated against COVID-19.
(h) Nothing in this Section is intended to affect any
right or remedy under federal law.
(i) No paid administrative leave awarded to or used by a
fully vaccinated employee prior to the Department of Public
Health's adoption of a revised definition of the term "fully
vaccinated against COVID-19" may be rescinded on the basis
that the employee no longer meets the definition of "fully
vaccinated against COVID-19" based on the revised definition.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-3-22.)
(105 ILCS 5/34-18.79)
Sec. 34-18.79 34-18.78. Sick leave; mental or behavioral
health complications. In addition to any interpretation or

SB2437 - 987 - LRB103 26700 AMC 53063 b
definition included in a collective bargaining agreement or
board of education or district policy, sick leave, or its
equivalent, to which a teacher or other eligible employee is
entitled shall be interpreted to include mental or behavioral
health complications. Unless contrary to a collective
bargaining agreement or board of education or district policy,
the board may require a certificate from a mental health
professional licensed in Illinois providing ongoing care or
treatment to the teacher or employee as a basis for pay during
leave after an absence of 3 days for mental or behavioral
health complications.
(Source: P.A. 102-866, eff. 5-13-22; revised 8-3-22.)
(105 ILCS 5/34-18.80)
Sec. 34-18.80 34-18.78. College and career readiness
systems.
(a) Subject to subsection (c) of this Section, by July 1,
2024, the school district shall adopt and commence
implementation of a postsecondary and career expectations
framework for each of grades 6 through 12 that substantially
aligns to the model framework adopted by State agencies
pursuant to Section 15 of the Postsecondary and Workforce
Readiness Act. The local postsecondary and career expectations
framework shall be available on a prominent location on the
school district's website.
The career exploration and career development activities

SB2437 - 988 - LRB103 26700 AMC 53063 b
offered in alignment with the postsecondary and career
expectations framework shall prepare students enrolled in
grades 6 through 12 to make informed plans and decisions about
their future education and career goals, including possible
participation in a career and technical education pathway, by
providing students with opportunities to explore a wide
variety of high-skill, high-wage, and in-demand career fields.
(b) Subject to subsection (c) of this Section, the school
district shall become an eligible school district and award
College and Career Pathway Endorsements pursuant to the
Postsecondary and Workforce Readiness Act and pursuant to the
following schedule:
(1) for the high school graduating class of 2026, the
school district shall offer College and Career Pathway
Endorsements in at least one endorsement area;
(2) for the high school graduating class of 2028, the
school district shall offer College and Career Pathway
Endorsements in at least 2 endorsement areas; and
(3) for the high school graduating class of 2030, the
school district shall offer College and Career Pathway
Endorsements in at least 3 endorsement areas.
(c) The board may, by action of the board, opt out of
implementation of all or any part of this Section through
adoption of a set of findings that considers the following:
(1) the school district's current systems for college
and career readiness;

SB2437 - 989 - LRB103 26700 AMC 53063 b
(2) the school district's cost of implementation
balanced against the potential benefits to students and
families through improved postsecondary education and
career outcomes;
(3) the willingness and capacity of local businesses
to partner with the school district for successful
implementation of pathways other than education;
(4) the availability of a statewide database of
participating local business partners, as provided under
the Postsecondary and Workforce Readiness Act, for the
purpose of career readiness and the accessibility of those
work experiences and apprenticeships listed in the
database to the students of the school district; and
(5) the availability of properly licensed teachers or
teachers meeting faculty credential standards for dual
credit courses to instruct in the program required for the
endorsement areas.
The school district must report its board findings and
decision on implementation to the State Board of Education. If
the school district elects to opt out of implementation, the
district may reverse its decision in whole or in part at any
time.
(d) The State Board of Education may adopt any rules
necessary to implement this Section.
(Source: P.A. 102-917, eff. 1-1-23; revised 1-10-23.)

SB2437 - 990 - LRB103 26700 AMC 53063 b
(105 ILCS 5/34-18.81)
Sec. 34-18.81 34-18.78. Pilot program for remote learning
for students in the custody of the Department of Corrections.
The board may offer the option of remote learning to allow a
student who is in the custody of the Department of Corrections
to successfully complete the course requirements necessary to
graduate from high school and receive a high school diploma.
The school district may offer a remote learning option to a
student if the student:
(1) is enrolled at Consuella B. York Alternative High
School at the time the student is transferred to a
Department of Corrections facility or institution or had
been enrolled at Consuella B. York Alternative High School
within the 6 months prior to being transferred to a
Department of Corrections facility or institution; and
(2) is within 2 school years of completing all of the
course requirements necessary to graduate from high school
and receive a high school diploma.
The Department of Corrections educators and security staff
shall be involved in assisting and supervising students
participating in the pilot program. The Department of
Corrections shall negotiate with all bargaining units involved
to ensure that the implementation of the pilot program is
consistent with collective bargaining agreements.
The school district may continue to offer the option of
remote learning to the student for up to one school year

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following the student's release from the custody of the
Department of Corrections to allow the student to complete any
remaining course requirements necessary to graduate from high
school and receive a high school diploma.
The establishment of the pilot program described in this
Section is contingent upon there being provided to the
Department of Corrections sufficient appropriations to
implement and administer the program.
(Source: P.A. 102-966, eff. 5-27-22; revised 8-3-22.)
(105 ILCS 5/34-21.6) (from Ch. 122, par. 34-21.6)
Sec. 34-21.6. Waiver of fees and fines.
(a) The board shall waive all fees and any fines for the
loss of school property assessed by the district on children
whose parents are unable to afford them, including but not
limited to:
(1) children living in households that meet the free
lunch or breakfast eligibility guidelines established by
the federal government pursuant to Section 1758 of the
federal Richard B. Russell National School Lunch Act (42
U.S.C. 1758; 7 CFR C.F.R. 245 et seq.) and students whose
parents are veterans or active duty military personnel
with income at or below 200% of the federal poverty level,
subject to verification as set forth in subsection (b) of
this Section; , and
(2) homeless children and youths youth as defined in

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Section 11434a of the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a).
Notice of waiver availability shall be given to parents or
guardians with every bill for fees or fines. The board shall
develop written policies and procedures implementing this
Section in accordance with regulations promulgated by the
State Board of Education.
(b) If the board participates in a federally funded,
school-based child nutrition program and uses a student's
application for, eligibility for, or participation in the
federally funded, school-based child nutrition program (42
U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
fees assessed by the district, then the board must follow the
verification requirements of the federally funded,
school-based child nutrition program (42 U.S.C. 1758; 7 CFR
C.F.R. 245.6a).
If the board establishes a process for the determination
of eligibility for waiver of all fees assessed by the district
that is completely independent of the criteria listed in
subsection (b), the board may provide for waiver verification
no more often than once every academic year. Information
obtained during the independent waiver verification process
indicating that the student does not meet free lunch or
breakfast eligibility guidelines may be used to deny the
waiver of the student's fees or fines for the loss of school
property, provided that any information obtained through this

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independent process for determining or verifying eligibility
for fee waivers shall not be used to determine or verify
eligibility for any federally funded, school-based child
nutrition program.
This subsection shall not preclude children from obtaining
waivers at any point during the academic year.
(Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22;
revised 12-13-22.)
Section 295. The School Safety Drill Act is amended by
changing Sections 5 and 45 as follows:
(105 ILCS 128/5)
Sec. 5. Definitions. In this Act:
"First responder" means and includes all fire departments
and districts, law enforcement agencies and officials,
emergency medical responders, emergency medical dispatchers,
and emergency management officials involved in the execution
and documentation of the drills administered under this Act.
"School" means a public or private facility that offers
elementary or secondary education to students under the age of
21, a charter school authorized by the State Board of
Education, or a special education cooperative. As used in this
definition, "public facility" means a facility operated by the
State or by a unit of local government. As used in this
definition, "private facility" means any non-profit,

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non-home-based, 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 the School Code. While more than one school may be
housed in a facility, for purposes of this Act, the facility
shall be considered a school. When a school has more than one
location, for purposes of this Act, each different location
shall be considered its own school.
"School safety drill" means a pre-planned exercise
conducted by a school in accordance with the drills and
requirements set forth in this Act.
(Source: P.A. 102-894, eff. 5-20-22; 102-1006, eff. 1-1-23;
revised 12-13-22.)
(105 ILCS 128/45)
Sec. 45. Threat assessment procedure.
(a) Each school district must implement a threat
assessment procedure that may be part of a school board policy
on targeted school violence prevention. The procedure must
include the creation of a threat assessment team. The team
must include all of the following members:
(1) An administrator employed by the school district
or a special education cooperative that serves the school
district and is available to serve.
(2) A teacher employed by the school district or a
special education cooperative that serves the school

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district and is available to serve.
(3) A school counselor employed by the school district
or a special education cooperative that serves the school
district and is available to serve.
(4) A school psychologist employed by the school
district or a special education cooperative that serves
the school district and is available to serve.
(5) A school social worker employed by the school
district or a special education cooperative that serves
the school district and is available to serve.
(6) At least one law enforcement official.
If a school district is unable to establish a threat
assessment team with school district staff and resources, it
may utilize a regional behavioral threat assessment and
intervention team that includes mental health professionals
and representatives from the State, county, and local law
enforcement agencies.
(b) A school district shall establish the threat
assessment team under this Section no later than 180 days
after August 23, 2019 (the effective date of Public Act
101-455) this amendatory Act of the 101st General Assembly and
must implement an initial threat assessment procedure no later
than 120 days after August 23, 2019 (the effective date of
Public Act 101-455) this amendatory Act of the 101st General
Assembly. Each year prior to the start of the school year, the
school board shall file the threat assessment procedure and a

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list identifying the members of the school district's threat
assessment team or regional behavior threat assessment and
intervention team with (i) a local law enforcement agency and
(ii) the regional office of education or, with respect to a
school district organized under Article 34 of the School Code,
the State Board of Education.
(c) Any sharing of student information under this Section
must comply with the federal Family Educational Rights and
Privacy Act of 1974 and the Illinois School Student Records
Act.
(d) A charter school must follow the threat assessment
procedures implemented by its authorizing school district or
must implement its own threat assessment procedure that
complies with this Section.
(Source: P.A. 101-455, eff. 8-23-19; 102-791, eff. 5-13-22;
102-894, eff. 5-20-22; revised 8-25-22.)
Section 300. The School Construction Law is amended by
changing Section 5-15 as follows:
(105 ILCS 230/5-15)
Sec. 5-15. Grant award amounts and required local match.
(a) After June 30, 2022, any time there is an
appropriation of funds by the General Assembly from the School
Infrastructure Fund or School Construction Fund and a release
of the appropriated funds to the Capital Development Board for

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expenditure on grant awards pursuant to the provisions of this
Article, the State Board of Education is authorized to open an
application cycle to receive grant applications from school
districts for school construction projects. No grant
application filed before the start of the first application
cycle after June 30, 2022 may be considered. After the close of
each application cycle, the State Board of Education shall
determine the approval of applications, the required local
match percentage for each approved application, and the
priority order for school construction project grants to be
made by the Capital Development Board and shall then notify
all applicants regarding their eligibility for a grant. Such
notification shall include an estimate of the required local
match. The State Board of Education shall publish a list of
applicants eligible for grants and forward it to the Capital
Development Board..
(b) The Capital Development Board, to the extent that
appropriated funds have been released and proceeding through
the list of eligible applicants in the order of priority
determined by the State Board of Education, shall issue
conditional grant awards to eligible school districts. An
applicant that does not receive a conditional grant award
notification must submit a new application during another
application cycle in order to receive future consideration for
a grant award.
(c) The conditional grant award certifies to a school

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district the recognized project costs for its school
construction project determined by the Capital Development
Board, the applicable required local match percentage and
grant award percentage, the required local match and grant
award amount calculated by multiplying the required local
match percentage and the grant award percentage by the
recognized project cost, and the required local match and
grant award amount as those amounts may be adjusted as
required in subsection (d).
(d) The required local match and grant award amount are
calculated by multiplying the required local match percentage
and the grant award percentage by the recognized project cost,
provided that, only during the first application cycle after
June 30, 2022, these amounts may be adjusted if the applicant
had previously expended funds on a school construction project
on the 2004, 2005, or 2006 School Construction Grant List. In
that case, the required local match shall be reduced (but not
below zero) and the grant award amount shall be increased (to
an amount no greater than the recognized project cost) by an
amount determined by the Capital Development Board to be equal
to the amount of the grant the applicant would have received
pursuant to Section 5-35 had it been awarded a grant in 2004,
2005, or 2006 based on the 2004, 2005, or 2006 School
Construction Grant List and the year in which the school
district applied for the grant.
(e) A school district shall have 2 years from the date the

SB2437 - 999 - LRB103 26700 AMC 53063 b
school district was issued a conditional grant award from the
Capital Development Board to obtain the school district's
required local match and receive a final grant award from the
Capital Development Board. If the required local match is not
obtained within the 2-year time frame, the school district
shall be required to reapply in another application cycle,
after the 2-year time frame, to be considered for a grant
award. The State share of the grant amount in a conditional
grant award that is not claimed by a school district within the
2-year time frame shall be reallocated to future application
cycles after the 2-year time frame expires.
(Source: P.A. 102-723, eff. 5-6-22; revised 9-2-22.)
Section 305. The Private Business and Vocational Schools
Act of 2012 is amended by changing Sections 37, 70, and 75 as
follows:
(105 ILCS 426/37)
Sec. 37. Disclosures. All schools shall make, at a
minimum, the disclosures required under this Section clearly
and conspicuously on their Internet websites. The disclosure
shall consist of a statement containing the following
information for the most recent 12-month reporting period of
July 1 through June 30:
(1) The number of students who were admitted in the
course of instruction as of July 1 of that reporting

SB2437 - 1000 - LRB103 26700 AMC 53063 b
period.
(2) Additions during the year due to:
(A) new starts;
(B) re-enrollments; and
(C) transfers into the course of instruction from
other courses of instruction at the school.
(3) The total number of students admitted during the
reporting period (the number of students reported under
paragraph (1) of this Section plus the additions reported
under subparagraphs (A), (B), and (C) of paragraph (2) of
this Section).
(4) Of the total course of instruction enrollment, the
number of students who:
(A) transferred out of the course of instruction
to another course of instruction;
(B) completed or graduated from a course of
instruction;
(C) withdrew from the school;
(D) are still enrolled.
(5) The number of students listed in paragraph (4) of
this Section who:
(A) were placed in their field of study;
(B) were placed in a related field;
(C) placed out of the field;
(D) were not available for placement due to
personal reasons;

SB2437 - 1001 - LRB103 26700 AMC 53063 b
(E) were not employed.
(6) The number of students who took a State licensing
examination or professional certification examination, if
any, during the reporting period, as well as the number
who passed.
(7) The number of graduates who obtained employment in
the field who did not use the school's placement
assistance during the reporting period; such information
may be compiled by reasonable efforts of the school to
contact graduates by written correspondence.
(8) The average starting salary for all school
graduates employed during the reporting period; such
information may be compiled by reasonable efforts of the
school to contact graduates by written correspondence.
(9) The following clear and conspicuous caption, set
forth with the address and telephone number of the Board's
office:
"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED
WITH THE BOARD OF HIGHER EDUCATION.".
(10) If the United States Department of Education
places the school on either the Heightened Cash Monitoring
2 payment method or the reimbursement payment method, as
authorized under 34 CFR 668.162, a clear and conspicuous
disclosure that the United States Department of Education
has heightened monitoring of the school's finances and the
reason for such monitoring. Such disclosure shall be made

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within 14 days of the action of the United States
Department of Education both on the school's website and
to all students and prospective students on a form
prescribed by the Board.
An alphabetical list of names, addresses, and dates of
admission by course or course of instruction and a sample copy
of the enrollment agreement employed to enroll the students
listed shall be filed with the Board's Executive Director on
an annual basis. The list shall be signed and verified by the
school's chief managing employee.
(Source: P.A. 102-1046, eff. 6-7-22; revised 9-2-22.)
(105 ILCS 426/70)
Sec. 70. Closing of a school.
(a) In the event a school proposes to discontinue its
operations, the chief administrative officer of the school
shall cause to be filed with the Board the original or legible
true copies of all such academic records of the institution as
may be specified by the Board.
(b) These records shall include, at a minimum, the
academic records of each former student that is traditionally
provided on an academic transcript, such as, but not limited
to, courses taken, terms, grades, and other such information.
(c) In the event it appears to the Board that any such
records of an institution discontinuing its operations is in
danger of being lost, hidden, destroyed, or otherwise made

SB2437 - 1003 - LRB103 26700 AMC 53063 b
unavailable to the Board, the Board may seize and take
possession of the records, on its own motion and without order
of court.
(d) The Board shall maintain or cause to be maintained a
permanent file of such records coming into its possession.
(e) As an alternative to the deposit of such records with
the Board, the institution may propose to the Board a plan for
permanent retention of the records. The plan must be put into
effect only with the approval of the Board.
(f) When a postsecondary educational institution now or
hereafter operating in this State proposes to discontinue its
operation, such institution shall cause to be created a
teach-out plan acceptable to the Board, which shall fulfill
the school's educational obligations to its students. Should
the school fail to deliver or act on the teach-out plan, the
Board is in no way responsible for providing the teach-out.
(f-5) The school shall release any institutional holds
placed on any student students record, regardless of the type
of hold placed on the student record.
(g) The school and its designated surety bonding company
are responsible for the return to students of all prepaid,
unearned tuition. As identified in Section 55 of this Act, the
surety bond must be a written agreement that provides for
monetary compensation in the event that the school fails to
fulfill its obligations. The surety bonding company shall
guarantee the return to the school's students and their

SB2437 - 1004 - LRB103 26700 AMC 53063 b
parents, guardians, or sponsors of all prepaid, unearned
tuition in the event of school closure. Should the school or
its surety bonding company fail to deliver or act to fulfill
the obligation, the Board is in no way responsible for the
repayment or any related damages or claims.
(Source: P.A. 102-1046, eff. 6-7-22; revised 9-2-22.)
(105 ILCS 426/75)
Sec. 75. Application and renewal fees. The Board may not
approve any application for a permit of approval or program of
study that has been plagiarized in part or whole and may return
any such application for a permit of approval or program of
study. Additionally, the Board may not approve any application
for a permit of approval or program of study that has not been
completed in its entirety. Fees for application and renewal
may be set by the Board by rule. Fees shall be collected for
all of the following:
(1) An original school application for a permit of
approval.
(2) An initial school application for a permit of
approval upon occurrence of a change of ownership.
(3) An annual school application for renewal of a
certificate of approval.
(4) A school application for a change of location.
(5) A school application for a classroom extension.
(6) If an applicant school that has not remedied all

SB2437 - 1005 - LRB103 26700 AMC 53063 b
deficiencies cited by the Board within 12 months after the
date of its original application for a permit of approval,
an additional original application fee for the continued
cost of investigation of its application.
(7) Transcript processing.
(Source: P.A. 102-1046, eff. 6-7-22; revised 9-2-22.)
Section 310. The Dual Credit Quality Act is amended by
changing Section 20 as follows:
(110 ILCS 27/20)
Sec. 20. Standards. All institutions offering dual credit
courses shall meet the following standards:
(1) High school instructors teaching credit-bearing
college-level courses for dual credit must meet any of the
academic credential requirements set forth in this
paragraph or paragraph (2) or (3) of this Section and need
not meet higher certification requirements or those set
out in Article 21B of the School Code:
(A) Approved instructors of dual credit courses
shall meet any of the faculty credential standards
allowed by the Higher Learning Commission to determine
minimally qualified faculty. At the request of an
instructor, an instructor who meets these credential
standards shall be provided by the State Board of
Education with a Dual Credit Endorsement, to be placed

SB2437 - 1006 - LRB103 26700 AMC 53063 b
on the professional educator license, as established
by the State Board of Education and as authorized
under Article 21B of the School Code and promulgated
through administrative rule in cooperation with the
Illinois Community College Board and the Board of
Higher Education.
(B) An instructor who does not meet the faculty
credential standards allowed by the Higher Learning
Commission to determine minimally qualified faculty
may teach dual credit courses if the instructor has a
professional development plan, approved by the
institution and shared with the State Board of
Education no later than January 1, 2025, to raise his
or her credentials to be in line with the credentials
under subparagraph (A) of this paragraph (1). The
institution shall have 30 days to review the plan and
approve an instructor professional development plan
that is in line with the credentials set forth in
paragraph (2) of this Section. The institution shall
not unreasonably withhold approval of a professional
development plan. These approvals shall be good for as
long as satisfactory progress toward the completion of
the credential is demonstrated, but in no event shall
a professional development plan be in effect for more
than 3 years from the date of its approval or after
January 1, 2028, whichever is sooner. A high school

SB2437 - 1007 - LRB103 26700 AMC 53063 b
instructor whose professional development plan is not
approved by the institution may appeal to the Illinois
Community College Board or the Board of Higher
Education, as appropriate.
(C) The Illinois Community College Board and Board
of Higher Education shall report yearly on their its
Internet websites website the following:
(i) the number of teachers presently enrolled
in an approved professional development plan under
this Section;
(ii) the number of instructors who
successfully completed an approved professional
development plan;
(iii) the number of instructors who did not
successfully complete an approved professional
development plan after 3 years;
(iv) a breakdown of the information in
subdivisions (i), (ii), and (iii) of this
subparagraph (C) by subject area; and
(v) a summary, by community college district,
of professional development plans that are in
progress, that were successfully completed, or
that have expired.
(2) For a high school instructor entering into a
professional development plan prior to January 1, 2023,
the high school instructor shall qualify for a

SB2437 - 1008 - LRB103 26700 AMC 53063 b
professional development plan if the instructor:
(A) has a master's degree in any discipline and
has earned 9 graduate hours in a discipline in which he
or she is currently teaching or expects to teach; or
(B) has a bachelor's degree with a minimum of 18
graduate hours in a discipline that he or she is
currently teaching or expects to teach and is enrolled
in a discipline-specific master's degree program; and
(C) agrees to demonstrate his or her progress
toward completion to the supervising institution, as
outlined in the professional development plan.
(2.5) For a high school instructor entering into a
professional development plan on or after January 1, 2023,
the high school instructor shall qualify for a
professional development plan if the instructor:
(A) has a master's degree in any discipline, has
earned 9 graduate hours in a discipline in which he or
she currently teaches or expects to teach, and agrees
to demonstrate his or her progress toward completion
to the supervising institution, as outlined in the
professional development plan; or
(B) is a fully licensed instructor in career and
technical education who is halfway toward meeting the
institution's requirements for faculty in the
discipline to be taught and agrees to demonstrate his
or her progress toward completion to the supervising

SB2437 - 1009 - LRB103 26700 AMC 53063 b
institution, as outlined in the professional
development plan.
(3) An instructor in career and technical education
courses must possess the credentials and demonstrated
teaching competencies appropriate to the field of
instruction.
(4) Course content must be equivalent to
credit-bearing college-level courses offered at the
community college.
(5) Learning outcomes must be the same as
credit-bearing college-level courses and be appropriately
measured.
(6) A high school instructor is expected to
participate in any orientation developed by the
institution for dual credit instructors in course
curriculum, assessment methods, and administrative
requirements.
(7) Dual credit instructors must be given the
opportunity to participate in all activities available to
other adjunct faculty, including professional development,
seminars, site visits, and internal communication,
provided that such opportunities do not interfere with an
instructor's regular teaching duties.
(8) Every dual credit course must be reviewed annually
by faculty through the appropriate department to ensure
consistency with campus courses.

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(9) Dual credit students must be assessed using
methods consistent with students in traditional
credit-bearing college courses.
(10) Within 15 days after entering into or renewing a
partnership agreement, the institution shall notify its
faculty of the agreement, including access to copies of
the agreement if requested.
(Source: P.A. 102-558, eff. 8-20-21; 102-1077, eff. 1-1-23;
revised 12-9-22.)
Section 315. The Board of Higher Education Act is amended
by changing Section 9.16 as follows:
(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
Sec. 9.16. Underrepresentation of certain groups in higher
education. To require public institutions of higher education
to develop and implement an equity plan and practices that
include methods and strategies to increase the access,
retention, completion, and student loan repayment rates of
minorities, rural students, adult students, women, and
individuals with disabilities who are traditionally
underrepresented in education programs and activities. To
encourage private institutions of higher education to develop
and implement an equity plan and practices. For the purpose of
this Section, minorities shall mean persons residents who are
any of the following:

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(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa).
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
The Board shall adopt any rules necessary to administer
this Section. The Board, in collaboration with the Illinois
Community College Board, shall also do the following:
(a) require all public institutions of higher
education to develop and submit an equity plan and
implement practices that, at a minimum, close gaps in
enrollment, retention, completion, and student loan
repayment rates for underrepresented groups and encourage
all private institutions of higher education to develop

SB2437 - 1012 - LRB103 26700 AMC 53063 b
and submit such equity plans and implement such practices;
(b) conduct periodic review of public institutions of
higher education and private institutions of higher
education to determine compliance with this Section; and
if the Board finds that a public institution of higher
education is not in compliance with this Section, it shall
notify the institution of steps to take to attain
compliance;
(c) provide advice and counsel pursuant to this
Section;
(d) conduct studies of the effectiveness and outcomes
of the methods and strategies outlined in an institution's
equity plan, as well as others designed to increase
participation and success of students in education
programs and activities in which minorities, rural
students, adult students, women, and individuals with
disabilities are traditionally underrepresented, and
monitor and report the outcomes for students as a result
of the implementation of equity plans;
(e) require components of an institution's equity plan
to include strategies to increase minority student
recruitment, retention, and student loan repayment rates
in colleges and universities. In implementing this
paragraph, the Board shall undertake, but need not be
limited to, the following: the establishment of guidelines
and plans for public institutions of higher education and

SB2437 - 1013 - LRB103 26700 AMC 53063 b
private institutions of higher education for minority
student recruitment, retention, and student loan repayment
rates, including requirements to establish campus climate
and culture surveys, the review and monitoring of minority
student services, programs, and supports implemented at
public institutions of higher education and private
institutions of higher education to determine their
compliance with any guidelines and plans so established,
the determination of the effectiveness and funding
requirements of minority student services, programs, and
supports at public institutions of higher education and
private institutions of higher education, the
dissemination of successful programs as models, and the
encouragement of cooperative partnerships between
community colleges, local school attendance centers, and
4-year colleges and universities to support enrollment of
minority students;
(f) mandate all public institutions of higher
education and encourage all private institutions of higher
education to submit data and information essential to
determine compliance with this Section. The Board shall
prescribe the format and the date for submission of this
data and any other education equity data; and
(g) report to the General Assembly and the Governor
annually with a description of the plans submitted by each
public institution of higher education and each private

SB2437 - 1014 - LRB103 26700 AMC 53063 b
institution of higher education for implementation of this
Section, including financial data relating to the most
recent fiscal year, the effectiveness of such plans and
programs and the effectiveness of the methods and
strategies developed by the Board in meeting the purposes
of this Section, the degree of compliance with this
Section by each public institution of higher education and
each private institution of higher education as determined
by the Board pursuant to its periodic review
responsibilities, and the findings made by the Board in
conducting its studies and monitoring student outcomes and
institutional success as required by paragraph (d) of this
Section. With respect to each public institution of higher
education and each private institution of higher
education, such report also shall include, but need not be
limited to, information with respect to each institution's
minority program budget allocations; minority student
admission, retention and graduation and student loan
repayment rate statistics; admission, retention,
graduation, and student loan repayment rate statistics of
all students who are the first in their immediate family
to attend an institution of higher education; number of
financial assistance awards, not including student loans,
to undergraduate and graduate minority students; and
minority faculty representation. This paragraph shall not
be construed to prohibit the Board from making, preparing,

SB2437 - 1015 - LRB103 26700 AMC 53063 b
or issuing additional surveys or studies with respect to
minority education in Illinois.
(Source: P.A. 102-465, eff. 1-1-22; 102-1030, eff. 5-27-22;
102-1046, eff. 6-7-22; revised 7-26-22.)
Section 320. The Higher Education Cooperation Act is
amended by changing Section 4 as follows:
(110 ILCS 220/4) (from Ch. 144, par. 284)
Sec. 4. A program of financial assistance to programs of
interinstitutional cooperation, in higher education is
established to implement the policy of encouraging such
cooperation in order to achieve an efficient use of
educational resources, an equitable distribution of
educational services, the development of innovative concepts
and applications, and other public purposes.
The Board of Higher Education shall administer this
program of financial assistance and shall distribute the funds
appropriated by the General Assembly for this purpose in the
form of grants to not-for-profit corporations organized to
administer programs of interinstitutional cooperation in
higher education or to public or nonpublic institutions of
higher education participating in such programs.
In awarding grants to interinstitutional programs under
this Act, the Board shall consider in relation to each such
program whether it serves the public purposes expressed in

SB2437 - 1016 - LRB103 26700 AMC 53063 b
this Act, whether the local community is substantially
involved, whether its function could be performed better by a
single existing institution, whether the program is consistent
with the Illinois strategic plan for higher education, and
such other criteria as it determines to be appropriate.
No grant may be awarded under this Section for any program
of sectarian instruction or for any program designed to serve
a sectarian purpose.
As a part of its administration of this Act, the Board may
require audits or reports in relation to the administrative,
fiscal and academic aspects of any interinstitutional program
for which a grant is awarded under this Act. The Board shall
annually submit to the Governor and the General Assembly a
budgetary recommendation for grants under this Act.
(Source: P.A. 102-1046, eff. 6-7-22; revised 9-2-22.)
Section 325. The University of Illinois Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 160 as follows:
(110 ILCS 305/160)
Sec. 160. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and

SB2437 - 1017 - LRB103 26700 AMC 53063 b
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of
facilitating communication between benefits navigators at
different institutions and developing best practices for
benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the University in determining
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and

SB2437 - 1018 - LRB103 26700 AMC 53063 b
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 305/170)
Sec. 170 160. COVID-19 sick leave. For purposes of this
Section, "employee" means a person employed by the University
on or after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
Any sick leave used by an employee of the University
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
175 of this Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as

SB2437 - 1019 - LRB103 26700 AMC 53063 b
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from the University; or
(D) was required by the University to be excluded
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 175 of this Act no later than 5 weeks

SB2437 - 1020 - LRB103 26700 AMC 53063 b
after April 5, 2022 (the effective date of Public Act 102-697)
this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 175 of this Act, at the time
the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-19-22.)
Section 330. The Southern Illinois University Management
Act is amended by setting forth, renumbering, and changing
multiple versions of Section 135 as follows:
(110 ILCS 520/135)
Sec. 135. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on

SB2437 - 1021 - LRB103 26700 AMC 53063 b
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of
facilitating communication between benefits navigators at
different institutions and developing best practices for
benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the University in determining
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.

SB2437 - 1022 - LRB103 26700 AMC 53063 b
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 520/145)
Sec. 145 135. COVID-19 sick leave. For purposes of this
Section, "employee" means a person employed by the University
on or after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
Any sick leave used by an employee of the University
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
150 of this Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;

SB2437 - 1023 - LRB103 26700 AMC 53063 b
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from the University; or
(D) was required by the University to be excluded
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 150 of this Act no later than 5 weeks
after April 5, 2022 (the effective date of Public Act 102-697)
this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to

SB2437 - 1024 - LRB103 26700 AMC 53063 b
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 150 of this Act, at the time
the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-22-22.)
Section 335. The Chicago State University Law is amended
by setting forth, renumbering, and changing multiple versions
of Section 5-245 as follows:
(110 ILCS 660/5-245)
Sec. 5-245. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed

SB2437 - 1025 - LRB103 26700 AMC 53063 b
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of
facilitating communication between benefits navigators at
different institutions and developing best practices for
benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the University in determining
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to

SB2437 - 1026 - LRB103 26700 AMC 53063 b
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 660/5-255)
Sec. 5-255 5-245. COVID-19 sick leave. For purposes of
this Section, "employee" means a person employed by the
University on or after April 5, 2022 (the effective date of
Public Act 102-697) this amendatory Act of the 102nd General
Assembly.
Any sick leave used by an employee of the University
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
5-260 of this Law Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be

SB2437 - 1027 - LRB103 26700 AMC 53063 b
excluded from the University; or
(D) was required by the University to be excluded
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 5-260 of this Law Act no later than 5
weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the

SB2437 - 1028 - LRB103 26700 AMC 53063 b
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 5-260 of this Law Act, at the
time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-23-22.)
Section 340. The Eastern Illinois University Law is
amended by setting forth, renumbering, and changing multiple
versions of Section 10-245 as follows:
(110 ILCS 665/10-245)
Sec. 10-245. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;

SB2437 - 1029 - LRB103 26700 AMC 53063 b
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of
facilitating communication between benefits navigators at
different institutions and developing best practices for
benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the University in determining
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit

SB2437 - 1030 - LRB103 26700 AMC 53063 b
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 665/10-260)
Sec. 10-260 10-245. COVID-19 sick leave. For purposes of
this Section, "employee" means a person employed by the
University on or after April 5, 2022 (the effective date of
Public Act 102-697) this amendatory Act of the 102nd General
Assembly.
Any sick leave used by an employee of the University
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
10-265 of this Law Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from the University; or
(D) was required by the University to be excluded

SB2437 - 1031 - LRB103 26700 AMC 53063 b
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 10-265 of this Law Act no later than 5
weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the

SB2437 - 1032 - LRB103 26700 AMC 53063 b
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 10-265 of this Law Act, at the
time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-23-22.)
Section 345. The Governors State University Law is amended
by setting forth, renumbering, and changing multiple versions
of Section 15-245 as follows:
(110 ILCS 670/15-245)
Sec. 15-245. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other

SB2437 - 1033 - LRB103 26700 AMC 53063 b
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of
facilitating communication between benefits navigators at
different institutions and developing best practices for
benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the University in determining
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)

SB2437 - 1034 - LRB103 26700 AMC 53063 b
(110 ILCS 670/15-255)
Sec. 15-255 15-245. COVID-19 sick leave. For purposes of
this Section, "employee" means a person employed by the
University on or after April 5, 2022 (the effective date of
Public Act 102-697) this amendatory Act of the 102nd General
Assembly.
Any sick leave used by an employee of the University
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
15-260 of this Law Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from the University; or
(D) was required by the University to be excluded
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the

SB2437 - 1035 - LRB103 26700 AMC 53063 b
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 15-260 of this Law Act no later than 5
weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against

SB2437 - 1036 - LRB103 26700 AMC 53063 b
COVID-19, as defined in Section 15-260 of this Law Act, at the
time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-24-22.)
Section 350. The Illinois State University Law is amended
by setting forth, renumbering, and changing multiple versions
of Section 20-250 as follows:
(110 ILCS 675/20-250)
Sec. 20-250. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of

SB2437 - 1037 - LRB103 26700 AMC 53063 b
facilitating communication between benefits navigators at
different institutions and developing best practices for
benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the University in determining
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 675/20-265)

SB2437 - 1038 - LRB103 26700 AMC 53063 b
Sec. 20-265 20-250. COVID-19 sick leave. For purposes of
this Section, "employee" means a person employed by the
University on or after April 5, 2022 (the effective date of
Public Act 102-697) this amendatory Act of the 102nd General
Assembly.
Any sick leave used by an employee of the University
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
20-270 of this Law Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from the University; or
(D) was required by the University to be excluded
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:

SB2437 - 1039 - LRB103 26700 AMC 53063 b
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 20-270 of this Law Act no later than 5
weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 20-270 of this Law Act, at the
time the sick leave was returned to the employee.

SB2437 - 1040 - LRB103 26700 AMC 53063 b
(Source: P.A. 102-697, eff. 4-5-22; revised 8-24-22.)
Section 355. The Northeastern Illinois University Law is
amended by setting forth, renumbering, and changing multiple
versions of Section 25-245 as follows:
(110 ILCS 680/25-245)
Sec. 25-245. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of
facilitating communication between benefits navigators at
different institutions and developing best practices for

SB2437 - 1041 - LRB103 26700 AMC 53063 b
benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the University in determining
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 680/25-260)
Sec. 25-260 25-245. COVID-19 sick leave. For purposes of
this Section, "employee" means a person employed by the

SB2437 - 1042 - LRB103 26700 AMC 53063 b
University on or after April 5, 2022 (the effective date of
Public Act 102-697) this amendatory Act of the 102nd General
Assembly.
Any sick leave used by an employee of the University
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
25-265 of this Law Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from the University; or
(D) was required by the University to be excluded
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as

SB2437 - 1043 - LRB103 26700 AMC 53063 b
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 25-265 of this Law Act no later than 5
weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 25-265 of this Law Act, at the
time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-25-22.)

SB2437 - 1044 - LRB103 26700 AMC 53063 b
Section 360. The Northern Illinois University Law is
amended by setting forth, renumbering, and changing multiple
versions of Section 30-255 as follows:
(110 ILCS 685/30-255)
Sec. 30-255. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of
facilitating communication between benefits navigators at
different institutions and developing best practices for
benefits navigators.
(c) The benefits navigator designated under this Section

SB2437 - 1045 - LRB103 26700 AMC 53063 b
shall:
(1) assist students at the University in determining
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 685/30-270)
Sec. 30-270 30-255. COVID-19 sick leave. For purposes of
this Section, "employee" means a person employed by the
University on or after April 5, 2022 (the effective date of
Public Act 102-697) this amendatory Act of the 102nd General

SB2437 - 1046 - LRB103 26700 AMC 53063 b
Assembly.
Any sick leave used by an employee of the University
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
30-275 of this Law Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from the University; or
(D) was required by the University to be excluded
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an

SB2437 - 1047 - LRB103 26700 AMC 53063 b
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 30-275 of this Law Act no later than 5
weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 30-275 of this Law Act, at the
time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-25-22.)
Section 365. The Western Illinois University Law is
amended by setting forth, renumbering, and changing multiple

SB2437 - 1048 - LRB103 26700 AMC 53063 b
versions of Section 35-250 as follows:
(110 ILCS 690/35-250)
Sec. 35-250. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by the University for the purpose of helping students at the
University determine eligibility for benefit programs and
identify campuswide and community resource support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) The University shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide consortium with other
public institutions of higher education, facilitated by
the Board of Higher Education, for the purpose of
facilitating communication between benefits navigators at
different institutions and developing best practices for
benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the University in determining

SB2437 - 1049 - LRB103 26700 AMC 53063 b
eligibility for benefit programs and identifying
campuswide and community resource support;
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the University.
(d) The University, in consultation with the benefits
navigator designated under this Section, shall develop an
internal process to enable students at the University to
provide feedback and recommendations on how the University can
better assist students in determining eligibility for benefit
programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 690/35-265)
Sec. 35-265 35-250. COVID-19 sick leave. For purposes of
this Section, "employee" means a person employed by the
University on or after April 5, 2022 (the effective date of
Public Act 102-697) this amendatory Act of the 102nd General
Assembly.
Any sick leave used by an employee of the University

SB2437 - 1050 - LRB103 26700 AMC 53063 b
during the 2021-2022 academic year shall be returned to an
employee of the University who receives all doses required to
be fully vaccinated against COVID-19, as defined in Section
35-270 of this Law Act, if:
(1) the sick leave was taken because the employee was
restricted from being on University property because the
employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from the University; or
(D) was required by the University to be excluded
from University property due to COVID-19 symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a

SB2437 - 1051 - LRB103 26700 AMC 53063 b
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 35-270 of this Law Act no later than 5
weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
The University may not rescind any sick leave returned to
an employee of the University on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 35-270 of this Law Act, at the
time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-25-22.)
Section 370. The Public Community College Act is amended
by setting forth, renumbering, and changing multiple versions
of Section 3-29.20 as follows:

SB2437 - 1052 - LRB103 26700 AMC 53063 b
(110 ILCS 805/3-29.20)
Sec. 3-29.20. Benefits navigator.
(a) In this Section:
"Benefits navigator" means an individual who is designated
by a community college for the purpose of helping students at
the community college determine eligibility for benefit
programs and identify campuswide and community resource
support.
"Benefit program" means any federal, State, or local
program that provides assistance or benefits to individuals on
the basis of need.
(b) A community college shall:
(1) designate a benefits navigator who has a detailed
understanding of eligibility requirements for benefit
programs and campuswide and community resource support;
(2) provide training for the benefits navigator; and
(3) participate in a statewide community college
consortium, facilitated by the State Board, for the
purpose of facilitating communication between benefits
navigators at different institutions and developing best
practices for benefits navigators.
(c) The benefits navigator designated under this Section
shall:
(1) assist students at the community college in
determining eligibility for benefit programs and
identifying campuswide and community resource support;

SB2437 - 1053 - LRB103 26700 AMC 53063 b
(2) use the consortium under paragraph (3) of
subsection (b) of this Section to coordinate with benefits
navigators at other public institutions of higher
education for the purpose of collecting data and
developing best practices for helping students apply for
and receive assistance from benefit programs; and
(3) coordinate and provide culturally specific
resources, including resources for non-English speakers,
to support students at the community college.
(d) The community college, in consultation with the
benefits navigator designated under this Section, shall
develop an internal process to enable students at the
community college to provide feedback and recommendations on
how the community college can better assist students in
determining eligibility for benefit programs and applying for
assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; revised 12-29-22.)
(110 ILCS 805/3-29.23)
Sec. 3-29.23 3-29.20. COVID-19 sick leave. For purposes of
this Section, "employee" means a person employed by a
community college or community college district on or after
April 5, 2022 (the effective date of Public Act 102-697) this
amendatory Act of the 102nd General Assembly.
Any sick leave used by an employee of a community college
or community college district during the 2021-2022 academic

SB2437 - 1054 - LRB103 26700 AMC 53063 b
year shall be returned to an employee of the community college
or community college district who receives all doses required
to be fully vaccinated against COVID-19, as defined in Section
3-29.25 of this Act, if:
(1) the sick leave was taken because the employee was
restricted from being on community college district
property because the employee:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from community college district property; or
(D) was required by the community college or
community college district policy to be excluded from
community college district property due to COVID-19
symptoms; or
(2) the sick leave was taken to care for a child of the
employee who was unable to attend elementary or secondary
school because the child:
(A) had a confirmed positive COVID-19 diagnosis
via a molecular amplification diagnostic test, such as
a polymerase chain reaction (PCR) test for COVID-19;
(B) had a probable COVID-19 diagnosis via an

SB2437 - 1055 - LRB103 26700 AMC 53063 b
antigen diagnostic test;
(C) was in close contact with a person who had a
confirmed case of COVID-19 and was required to be
excluded from school; or
(D) was required by the school or school district
policy to be excluded from school district property
due to COVID-19 symptoms.
Leave shall be returned to an employee pursuant to this
Section provided that the employee has received all required
doses to meet the definition of "fully vaccinated against
COVID-19" under Section 3-29.25 of this Act no later than 5
weeks after April 5, 2022 (the effective date of Public Act
102-697) this amendatory Act of the 102nd General Assembly.
The community college district may not rescind any sick
leave returned to an employee of the community college or
community college district on the basis of a revision to the
definition of "fully vaccinated against COVID-19" by the
Centers for Disease Control and Prevention of the United
States Department of Health and Human Services or the
Department of Public Health, provided that the employee
received all doses required to be fully vaccinated against
COVID-19, as defined in Section 3-29.25 of this Act, at the
time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; revised 8-25-22.)
Section 375. The Equity and Representation in Health Care

SB2437 - 1056 - LRB103 26700 AMC 53063 b
Act is amended by changing Section 10 as follows:
(110 ILCS 932/10)
Sec. 10. Definitions. As used in this Act:
"Accredited school" means a college or university in which
a degree in allopathic medicine, osteopathic medicine,
dentistry, physical therapy, or an equivalent credential for a
health program is earned and for which the Council for Higher
Education Accreditation or its affiliates has determined that
the school meets specific standards for its programs, faculty,
and curriculum.
"Advanced practice registered nurse" or "APRN" means an
advanced practice registered nurse as defined under Section
50-10 of the Nurse Practice Act.
"Allopathic medicine" means the use of pharmacological
agents or physical interventions to treat or suppress symptoms
or processes of diseases or conditions.
"Applicant" means a health care professional or medical
facility who applies for loan repayment assistance or
scholarship funds under this Act.
"Approved graduate training" means training in medicine,
dentistry, or any other health profession that leads to
eligibility for board certification, provides evidence of
completion, and is approved by the appropriate health care
professional's body.
"Behavioral health provider" means a provider of a

SB2437 - 1057 - LRB103 26700 AMC 53063 b
commonly recognized discipline in the behavioral health
industry, including, but not limited to, licensed clinical
social workers, behavioral health therapists, certified
marriage and family counselors, licensed social workers, and
addiction counselors.
"Breach of service obligation" means failure for any
reason to begin or complete a contractual service commitment.
"Commercial loan" means a loan made by a bank, credit
union, savings and loan association, insurance company,
school, or other financial institution.
"Community health center" means a migrant health center,
community health center, health care program for the homeless
or for residents of public housing supported under Section 330
of the federal Public Health Service Act, or FQHC, including
an FQHC Look-Alike, as designated by the U.S. Department of
Health and Human Services, that operates at least one
federally designated primary health care delivery site in
Illinois.
"Default" means failure to meet a legal obligation or
condition of a loan.
"Department" means the Department of Public Health.
"Dental assistant" means a person who serves as a member
of a dental care team, working directly with a dentist to
perform duties that include, but are not limited to, assisting
with dental procedures, preparing patients for procedures,
preparing examinations, and sterilizing equipment.

SB2437 - 1058 - LRB103 26700 AMC 53063 b
"Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
"Director" means the Director of Public Health.
"Equity and Representation in Health Care Workforce
Repayment Program" or "Repayment Program" means the Equity and
Representation in Health Care Workforce Repayment Program
created under subsection (a) of Section 15.
"Equity and Representation in Health Care Workforce
Scholarship Program" or "Scholarship Program" means the Equity
and Representation in Health Care Workforce Scholarship
Program created under subsection (b) of Section 15.
"Federally Qualified Health Center" or "FQHC" means a
health center funded under Section 330 of the federal Public
Health Service Act.
"Federally Qualified Health Center Look-Alike" or "FQHC
Look-Alike" means a health center that meets the requirements
for receiving a grant under Section 330 of the federal Public
Health Service Act but does not receive funding under that
authority.
"Government loan" means a loan made by a federal, State,
county, or city agency authorized to make the loan.
"Health care professional" means a physician, physician
assistant, advanced practice registered nurse, nurse,
chiropractic physician, podiatric physician podiatrist,
physical therapist, physical therapist assistant, occupational
therapist, speech therapist, behavioral health provider,

SB2437 - 1059 - LRB103 26700 AMC 53063 b
psychiatrist, psychologist, pharmacist, dentist, medical
assistant, dental assistant, or dental hygienist.
"Health professional shortage area" or "HPSA" means a
designation from the U.S. Department of Health and Human
Services that indicates the shortage of primary medical care
or dental or mental health providers. The designation may be
geographic, such as a county or service area; demographic,
such as low-income population; or institutional, such as a
comprehensive health center, FQHC, or other public facility.
"Lender" means the commercial or government entity that
makes a qualifying loan.
"Loan repayment award" or "award" means the amount of
funding awarded to a recipient based upon his or her
reasonable educational expenses, up to a maximum established
by the program.
"Loan repayment agreement" or "agreement" means the
written instrument defining a legal relationship entered into
between the Department and a recipient.
"Medical assistant" means a person who serves as a member
of a medical care team working directly with other providers
to perform duties that include, but are not limited to,
gathering patient information, taking vital signs, preparing
patients for examinations, and assisting physicians during
examinations.
"Medical facility" means a facility in which the delivery
of health services is provided. A medical facility must be a

SB2437 - 1060 - LRB103 26700 AMC 53063 b
nonprofit or public facility located in Illinois and includes
the following:
(1) A Federally Qualified Health Center.
(2) An FQHC Look-Alike.
(3) A hospital system operated by a county with more
than 3,000,000 residents.
"Medically underserved area" or "MUA" means an area
designated by the U.S. Department of Health and Human
Services' Health Resources and Services Administration as
having too few primary care providers, high infant mortality,
high poverty, or a high elderly population.
"Nurse" means a person who is licensed as a licensed
practical nurse or as a registered nurse under the Nurse
Practice Act.
"Osteopathic medicine" means medical practice based upon
the theory that diseases are due to loss of structural
integrity, which can be restored by manipulation of the parts
and supplemented by therapeutic measures.
"Physical therapist" means an individual licensed as a
physical therapist under the Illinois Physical Therapy Act.
"Physical therapist assistant" means an individual
licensed as a physical therapist assistant under the Illinois
Physical Therapy Act.
"Physician" means a person licensed to practice medicine
in all of its branches under the Medical Practice Act of 1987.
"Physician assistant" means an individual licensed under

SB2437 - 1061 - LRB103 26700 AMC 53063 b
the Physician Assistant Practice Act of 1987.
"Primary care" means health care that encompasses
prevention services, basic diagnostic and treatment services,
and support services, including laboratory, radiology,
transportation, and pharmacy services.
"Psychiatrist" means a physician licensed to practice
medicine in Illinois under the Medical Practice Act of 1987
who has successfully completed an accredited residency program
in psychiatry.
"Qualifying loan" means a government loan or commercial
loan used for tuition and reasonable educational and living
expenses related to undergraduate or graduate education that
was obtained by the recipient prior to his or her application
for loan repayment and that is contemporaneous with the
education received.
"Reasonable educational expenses" means costs for
education, exclusive of tuition. These costs include, but are
not limited to, fees, books, supplies, clinical travel,
educational equipment, materials, board certification, or
licensing examinations. "Reasonable educational expenses" do
not exceed the estimated standard budget for expenses for the
degree program and for the years of enrollment.
"Reasonable living expenses" means room and board,
transportation, and commuting costs associated with the
applicant's attendance and participation in an educational and
workforce training program. "Reasonable living expenses" do

SB2437 - 1062 - LRB103 26700 AMC 53063 b
not exceed the estimated standard budget for the recipient's
degree program and for the years of enrollment.
"Recognized training entity" means an entity approved by
the Department to provide training and education for medical
assistants and dental assistants.
"Recipient" means a health care professional or medical
facility that may use loan repayment funds.
"Rural" has the same meaning that is used by the federal
Health Resources and Services Administration to determine
eligibility for Rural Health Grants.
"State" means the State of Illinois.
(Source: P.A. 102-942, eff. 1-1-23; revised 2-5-23.)
Section 380. The Higher Education Student Assistance Act
is amended by changing Section 52 as follows:
(110 ILCS 947/52)
Sec. 52. Golden Apple Scholars of Illinois Program; Golden
Apple Foundation for Excellence in Teaching.
(a) In this Section, "Foundation" means the Golden Apple
Foundation for Excellence in Teaching, a registered 501(c)(3)
not-for-profit corporation.
(a-2) In order to encourage academically talented Illinois
students, especially minority students, to pursue teaching
careers, especially in teacher shortage disciplines (which
shall be defined to include early childhood education) or at

SB2437 - 1063 - LRB103 26700 AMC 53063 b
hard-to-staff schools (as defined by the Commission in
consultation with the State Board of Education), to provide
those students with the crucial mentoring, guidance, and
in-service support that will significantly increase the
likelihood that they will complete their full teaching
commitments and elect to continue teaching in targeted
disciplines and hard-to-staff schools, and to ensure that
students in this State will continue to have access to a pool
of highly-qualified teachers, each qualified student shall be
awarded a Golden Apple Scholars of Illinois Program
scholarship to any Illinois institution of higher learning.
The Commission shall administer the Golden Apple Scholars of
Illinois Program, which shall be managed by the Foundation
pursuant to the terms of a grant agreement meeting the
requirements of Section 4 of the Illinois Grant Funds Recovery
Act.
(a-3) For purposes of this Section, a qualified student
shall be a student who meets the following qualifications:
(1) is a resident of this State and a citizen or
eligible noncitizen of the United States;
(2) is a high school graduate or a person who has
received a State of Illinois High School Diploma;
(3) is enrolled or accepted, on at least a half-time
basis, at an institution of higher learning;
(4) is pursuing a postsecondary course of study
leading to initial certification or pursuing additional

SB2437 - 1064 - LRB103 26700 AMC 53063 b
course work needed to gain State Board of Education
approval to teach, including alternative teacher
licensure; and
(5) is a participant in programs managed by and is
approved to receive a scholarship from the Foundation.
(a-5) (Blank).
(b) (Blank).
(b-5) Funds designated for the Golden Apple Scholars of
Illinois Program shall be used by the Commission for the
payment of scholarship assistance under this Section or for
the award of grant funds, subject to the Illinois Grant Funds
Recovery Act, to the Foundation. Subject to appropriation,
awards of grant funds to the Foundation shall be made on an
annual basis and following an application for grant funds by
the Foundation.
(b-10) Each year, the Foundation shall include in its
application to the Commission for grant funds an estimate of
the amount of scholarship assistance to be provided to
qualified students during the grant period. Any amount of
appropriated funds exceeding the estimated amount of
scholarship assistance may be awarded by the Commission to the
Foundation for management expenses expected to be incurred by
the Foundation in providing the mentoring, guidance, and
in-service supports that will increase the likelihood that
qualified students will complete their teaching commitments
and elect to continue teaching in hard-to-staff schools. If

SB2437 - 1065 - LRB103 26700 AMC 53063 b
the estimate of the amount of scholarship assistance described
in the Foundation's application is less than the actual amount
required for the award of scholarship assistance to qualified
students, the Foundation shall be responsible for using
awarded grant funds to ensure all qualified students receive
scholarship assistance under this Section.
(b-15) All grant funds not expended or legally obligated
within the time specified in a grant agreement between the
Foundation and the Commission shall be returned to the
Commission within 45 days. Any funds legally obligated by the
end of a grant agreement shall be liquidated within 45 days or
otherwise returned to the Commission within 90 days after the
end of the grant agreement that resulted in the award of grant
funds.
(c) Each scholarship awarded under this Section shall be
in an amount sufficient to pay the tuition and fees and room
and board costs of the Illinois institution of higher learning
at which the recipient is enrolled, up to an annual maximum of
$5,000; except that, in the case of a recipient who does not
reside on campus on-campus at the institution of higher
learning at which he or she is enrolled, the amount of the
scholarship shall be sufficient to pay tuition and fee
expenses and a commuter allowance, up to an annual maximum of
$5,000. All scholarship funds distributed in accordance with
this Section shall be paid to the institution on behalf of
recipients.

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(d) The total amount of scholarship assistance awarded by
the Commission under this Section to an individual in any
given fiscal year, when added to other financial assistance
awarded to that individual for that year, shall not exceed the
cost of attendance at the institution of higher learning at
which the student is enrolled. In any academic year for which a
qualified student under this Section accepts financial
assistance through any other teacher scholarship program
administered by the Commission, a qualified student shall not
be eligible for scholarship assistance awarded under this
Section.
(e) A recipient may receive up to 8 semesters or 12
quarters of scholarship assistance under this Section.
Scholarship funds are applicable toward 2 semesters or 3
quarters of enrollment each academic year.
(f) All applications for scholarship assistance to be
awarded under this Section shall be made to the Foundation in a
form determined by the Foundation. Each year, the Foundation
shall notify the Commission of the individuals awarded
scholarship assistance under this Section. Each year, at least
30% of the Golden Apple Scholars of Illinois Program
scholarships shall be awarded to students residing in counties
having a population of less than 500,000.
(g) (Blank).
(h) The Commission shall administer the payment of
scholarship assistance provided through the Golden Apple

SB2437 - 1067 - LRB103 26700 AMC 53063 b
Scholars of Illinois Program and shall make all necessary and
proper rules not inconsistent with this Section for the
effective implementation of this Section.
(i) Prior to receiving scholarship assistance for any
academic year, each recipient of a scholarship awarded under
this Section shall be required by the Foundation to sign an
agreement under which the recipient pledges that, within the
2-year period following the termination of the academic
program for which the recipient was awarded a scholarship, the
recipient: (i) shall begin teaching for a period of not less
than 5 years, (ii) shall fulfill this teaching obligation at a
nonprofit Illinois public, private, or parochial preschool or
an Illinois public elementary or secondary school that
qualifies for teacher loan cancellation under Section
465(a)(2)(A) of the federal Higher Education Act of 1965 (20
U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
eligible for fulfilling the teaching commitment as designated
by the Foundation, and (iii) shall, upon request of the
Foundation, provide the Foundation with evidence that he or
she is fulfilling or has fulfilled the terms of the teaching
agreement provided for in this subsection. Upon request, the
Foundation shall provide evidence of teacher fulfillment to
the Commission.
(j) If a recipient of a scholarship awarded under this
Section fails to fulfill the teaching obligation set forth in
subsection (i) of this Section, the Commission shall require

SB2437 - 1068 - LRB103 26700 AMC 53063 b
the recipient to repay the amount of the scholarships
received, prorated according to the fraction of the teaching
obligation not completed, plus interest at a rate of 5% and, if
applicable, reasonable collection fees. Payments received by
the Commission under this subsection (j) shall be remitted to
the State Comptroller for deposit into the General Revenue
Fund, except that that portion of a recipient's repayment that
equals the amount in expenses that the Commission has
reasonably incurred in attempting collection from that
recipient shall be remitted to the State Comptroller for
deposit into the ISAC Accounts Receivable Fund, a special fund
in the State treasury.
(k) A recipient of a scholarship awarded by the Foundation
under this Section shall not be considered to have failed to
fulfill the teaching obligations of the agreement entered into
pursuant to subsection (i) if the recipient (i) enrolls on a
full-time basis as a graduate student in a course of study
related to the field of teaching at an institution of higher
learning; (ii) is serving as a member of the armed services of
the United States; (iii) is a person with a temporary total
disability, as established by sworn affidavit of a qualified
physician; (iv) is seeking and unable to find full-time
employment as a teacher at a school that satisfies the
criteria set forth in subsection (i) and is able to provide
evidence of that fact; (v) is taking additional courses, on at
least a half-time basis, needed to obtain certification as a

SB2437 - 1069 - LRB103 26700 AMC 53063 b
teacher in Illinois; (vi) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation;
or (vii) is participating in a program established under
Executive Order 10924 of the President of the United States or
the federal National Community Service Act of 1990 (42 U.S.C.
12501 et seq.). Any such extension of the period during which
the teaching requirement must be fulfilled shall be subject to
limitations of duration as established by the Commission.
(l) A recipient who fails to fulfill the teaching
obligations of the agreement entered into pursuant to
subsection (i) of this Section shall repay the amount of
scholarship assistance awarded to them under this Section
within 10 years.
(m) Annually, at a time determined by the Commission in
consultation with the Foundation, the Foundation shall submit
a report to assist the Commission in monitoring the
Foundation's performance of grant activities. The report shall
describe the following:
(1) the Foundation's anticipated expenditures for the
next fiscal year;
(2) the number of qualified students receiving
scholarship assistance at each institution of higher
learning where a qualified student was enrolled under this
Section during the previous fiscal year;

SB2437 - 1070 - LRB103 26700 AMC 53063 b
(3) the total monetary value of scholarship funds paid
to each institution of higher learning at which a
qualified student was enrolled during the previous fiscal
year;
(4) the number of scholarship recipients who completed
a baccalaureate degree during the previous fiscal year;
(5) the number of scholarship recipients who fulfilled
their teaching obligation during the previous fiscal year;
(6) the number of scholarship recipients who failed to
fulfill their teaching obligation during the previous
fiscal year;
(7) the number of scholarship recipients granted an
extension described in subsection (k) of this Section
during the previous fiscal year;
(8) the number of scholarship recipients required to
repay scholarship assistance in accordance with subsection
(j) of this Section during the previous fiscal year;
(9) the number of scholarship recipients who
successfully repaid scholarship assistance in full during
the previous fiscal year;
(10) the number of scholarship recipients who
defaulted on their obligation to repay scholarship
assistance during the previous fiscal year;
(11) the amount of scholarship assistance subject to
collection in accordance with subsection (j) of this
Section at the end of the previous fiscal year;

SB2437 - 1071 - LRB103 26700 AMC 53063 b
(12) the amount of collected funds to be remitted to
the Comptroller in accordance with subsection (j) of this
Section at the end of the previous fiscal year; and
(13) other information that the Commission may
reasonably request.
(n) Nothing in this Section shall affect the rights of the
Commission to collect moneys owed to it by recipients of
scholarship assistance through the Illinois Future Teacher
Corps Program, repealed by Public Act 98-533.
(o) The Auditor General shall prepare an annual audit of
the operations and finances of the Golden Apple Scholars of
Illinois Program. This audit shall be provided to the
Governor, General Assembly, and the Commission.
(p) The suspension of grant making authority found in
Section 4.2 of the Illinois Grant Funds Recovery Act shall not
apply to grants made pursuant to this Section.
(Source: P.A. 102-1071, eff. 6-10-22; 102-1100, eff. 1-1-23;
revised 12-13-22.)
Section 385. The Nursing Education Scholarship Law is
amended by changing Sections 5 and 6.5 as follows:
(110 ILCS 975/5) (from Ch. 144, par. 2755)
Sec. 5. Nursing education scholarships. Beginning with the
fall term of the 2004-2005 academic year, the Department, in
accordance with rules and regulations promulgated by it for

SB2437 - 1072 - LRB103 26700 AMC 53063 b
this program, shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing:
(1) that he or she has been a resident of this State
for at least one year prior to application, and is a
citizen or a lawful permanent resident of the United
States;
(2) that he or she is enrolled in or accepted for
admission to an associate degree in nursing program,
hospital-based diploma in nursing program, baccalaureate
degree in nursing program, graduate degree in nursing
program, or practical nursing program at an approved
institution; and
(3) that he or she agrees to meet the nursing
employment obligation.
If in any year the number of qualified applicants exceeds
the number of scholarships to be awarded, the Department
shall, in consultation with the Illinois Nursing Workforce
Center Advisory Board, consider the following factors in
granting priority in awarding scholarships:
(A) Financial need, as shown on a standardized
financial needs assessment form used by an approved
institution, of students who will pursue their education
on a full-time or close to full-time basis and who already
have a certificate in practical nursing, a diploma in
nursing, or an associate degree in nursing and are

SB2437 - 1073 - LRB103 26700 AMC 53063 b
pursuing a higher degree.
(B) A student's status as a registered nurse who is
pursuing a graduate degree in nursing to pursue employment
in an approved institution that educates licensed
practical nurses and that educates registered nurses in
undergraduate and graduate nursing programs.
(C) A student's merit, as shown through his or her
grade point average, class rank, and other academic and
extracurricular activities. The Department may add to and
further define these merit criteria by rule.
Unless otherwise indicated, scholarships shall be awarded
to recipients at approved institutions for a period of up to 2
years if the recipient is enrolled in an associate degree in
nursing program, up to 3 years if the recipient is enrolled in
a hospital-based diploma in nursing program, up to 4 years if
the recipient is enrolled in a baccalaureate degree in nursing
program, up to 5 years if the recipient is enrolled in a
graduate degree in nursing program, and up to one year if the
recipient is enrolled in a certificate in practical nursing
program. At least 40% of the scholarships awarded shall be for
recipients who are pursuing baccalaureate degrees in nursing,
30% of the scholarships awarded shall be for recipients who
are pursuing associate degrees in nursing or a diploma in
nursing, 10% of the scholarships awarded shall be for
recipients who are pursuing a certificate in practical
nursing, and 20% of the scholarships awarded shall be for

SB2437 - 1074 - LRB103 26700 AMC 53063 b
recipients who are pursuing a graduate degree in nursing.
During the 2021-2022 academic year, subject to
appropriation from the Hospital Licensure Fund, in addition to
any other funds available to the Department for such
scholarships, the Department may award a total of $500,000 in
scholarships under this Section.
(Source: P.A. 102-641, eff. 8-27-21; 102-699, eff. 4-19-22;
102-1030, eff. 5-27-22; revised 8-12-22.)
(110 ILCS 975/6.5)
Sec. 6.5. Nurse educator scholarships.
(a) Beginning with the fall term of the 2009-2010 academic
year, the Department shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing the following:
(1) that he or she has been a resident of this State
for at least one year prior to application and is a citizen
or a lawful permanent resident of the United States;
(2) that he or she is enrolled in or accepted for
admission to a graduate degree in nursing program at an
approved institution; and
(3) that he or she agrees to meet the nurse educator
employment obligation.
(b) If in any year the number of qualified applicants
exceeds the number of scholarships to be awarded under this
Section, the Department shall, in consultation with the

SB2437 - 1075 - LRB103 26700 AMC 53063 b
Illinois Nursing Workforce Center Advisory Board, consider the
following factors in granting priority in awarding
scholarships:
(1) Financial need, as shown on a standardized
financial needs assessment form used by an approved
institution, of students who will pursue their education
on a full-time or close to full-time basis and who already
have a diploma in nursing and are pursuing a higher
degree.
(2) A student's status as a registered nurse who is
pursuing a graduate degree in nursing to pursue employment
in an approved institution that educates licensed
practical nurses and that educates registered nurses in
undergraduate and graduate nursing programs.
(3) A student's merit, as shown through his or her
grade point average, class rank, experience as a nurse,
including supervisory experience, experience as a nurse in
the United States military, and other academic and
extracurricular activities.
(c) Unless otherwise indicated, scholarships under this
Section shall be awarded to recipients at approved
institutions for a period of up to 3 years.
(d) Within 12 months after graduation from a graduate
degree in nursing program for nurse educators, any recipient
who accepted a scholarship under this Section shall begin
meeting the required nurse educator employment obligation. In

SB2437 - 1076 - LRB103 26700 AMC 53063 b
order to defer his or her continuous employment obligation, a
recipient must request the deferment in writing from the
Department. A recipient shall receive a deferment if he or she
notifies the Department, within 30 days after enlisting, that
he or she is spending up to 4 years in military service. A
recipient shall receive a deferment if he or she notifies the
Department, within 30 days after enrolling, that he or she is
enrolled in an academic program leading to a graduate degree
in nursing. The recipient must begin meeting the required
nurse educator employment obligation no later than 6 months
after the end of the deferment or deferments.
Any person who fails to fulfill the nurse educator
employment obligation shall pay to the Department an amount
equal to the amount of scholarship funds received per year for
each unfulfilled year of the nurse educator employment
obligation, together with interest at 7% per year on the
unpaid balance. Payment must begin within 6 months following
the date of the occurrence initiating the repayment. All
repayments must be completed within 6 years from the date of
the occurrence initiating the repayment. However, this
repayment obligation may be deferred and re-evaluated every 6
months when the failure to fulfill the nurse educator
employment obligation results from involuntarily leaving the
profession due to a decrease in the number of nurses employed
in this State or when the failure to fulfill the nurse educator
employment obligation results from total and permanent

SB2437 - 1077 - LRB103 26700 AMC 53063 b
disability. The repayment obligation shall be excused if the
failure to fulfill the nurse educator employment obligation
results from the death or adjudication as incompetent of the
person holding the scholarship. No claim for repayment may be
filed against the estate of such a decedent or incompetent.
The Department may allow a nurse educator employment
obligation fulfillment alternative if the nurse educator
scholarship recipient is unsuccessful in finding work as a
nurse educator. The Department shall maintain a database of
all available nurse educator positions in this State.
(e) Each person applying for a scholarship under this
Section must be provided with a copy of this Section at the
time of application for the benefits of this scholarship.
(f) Rulemaking authority to implement this Act 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. 102-699, eff. 4-19-22; 102-1030, eff. 5-27-22;
revised 8-12-22.)
Section 390. The Illinois Banking Act is amended by
changing Section 48 as follows:
(205 ILCS 5/48)

SB2437 - 1078 - LRB103 26700 AMC 53063 b
Sec. 48. Secretary's powers; duties. The Secretary shall
have the powers and authority, and is charged with the duties
and responsibilities designated in this Act, and a State bank
shall not be subject to any other visitorial power other than
as authorized by this Act, except those vested in the courts,
or upon prior consultation with the Secretary, a foreign bank
regulator with an appropriate supervisory interest in the
parent or affiliate of a State state bank. In the performance
of the Secretary's duties:
(1) The Commissioner shall call for statements from
all State banks as provided in Section 47 at least one time
during each calendar quarter.
(2) (a) The Commissioner, as often as the Commissioner
shall deem necessary or proper, and no less frequently
than 18 months following the preceding examination, shall
appoint a suitable person or persons to make an
examination of the affairs of every State bank, except
that for every eligible State bank, as defined by
regulation, the Commissioner in lieu of the examination
may accept on an alternating basis the examination made by
the eligible State bank's appropriate federal banking
agency pursuant to Section 111 of the Federal Deposit
Insurance Corporation Improvement Act of 1991, provided
the appropriate federal banking agency has made such an
examination. A person so appointed shall not be a
stockholder or officer or employee of any bank which that

SB2437 - 1079 - LRB103 26700 AMC 53063 b
person may be directed to examine, and shall have powers
to make a thorough examination into all the affairs of the
bank and in so doing to examine any of the officers or
agents or employees thereof on oath and shall make a full
and detailed report of the condition of the bank to the
Commissioner. In making the examination the examiners
shall include an examination of the affairs of all the
affiliates of the bank, as defined in subsection (b) of
Section 35.2 of this Act, or subsidiaries of the bank as
shall be necessary to disclose fully the conditions of the
subsidiaries or affiliates, the relations between the bank
and the subsidiaries or affiliates and the effect of those
relations upon the affairs of the bank, and in connection
therewith shall have power to examine any of the officers,
directors, agents, or employees of the subsidiaries or
affiliates on oath. After May 31, 1997, the Commissioner
may enter into cooperative agreements with state
regulatory authorities of other states to provide for
examination of State bank branches in those states, and
the Commissioner may accept reports of examinations of
State bank branches from those state regulatory
authorities. These cooperative agreements may set forth
the manner in which the other state regulatory authorities
may be compensated for examinations prepared for and
submitted to the Commissioner.
(b) After May 31, 1997, the Commissioner is authorized

SB2437 - 1080 - LRB103 26700 AMC 53063 b
to examine, as often as the Commissioner shall deem
necessary or proper, branches of out-of-state banks. The
Commissioner may establish and may assess fees to be paid
to the Commissioner for examinations under this subsection
(b). The fees shall be borne by the out-of-state bank,
unless the fees are borne by the state regulatory
authority that chartered the out-of-state bank, as
determined by a cooperative agreement between the
Commissioner and the state regulatory authority that
chartered the out-of-state bank.
(2.1) Pursuant to paragraph (a) of subsection (6) of
this Section, the Secretary shall adopt rules that ensure
consistency and due process in the examination process.
The Secretary may also establish guidelines that (i)
define the scope of the examination process and (ii)
clarify examination items to be resolved. The rules,
formal guidance, interpretive letters, or opinions
furnished to State banks by the Secretary may be relied
upon by the State banks.
(2.5) Whenever any State bank, any subsidiary or
affiliate of a State bank, or after May 31, 1997, any
branch of an out-of-state bank causes to be performed, by
contract or otherwise, any bank services for itself,
whether on or off its premises:
(a) that performance shall be subject to
examination by the Commissioner to the same extent as

SB2437 - 1081 - LRB103 26700 AMC 53063 b
if services were being performed by the bank or, after
May 31, 1997, branch of the out-of-state bank itself
on its own premises; and
(b) the bank or, after May 31, 1997, branch of the
out-of-state bank shall notify the Commissioner of the
existence of a service relationship. The notification
shall be submitted with the first statement of
condition (as required by Section 47 of this Act) due
after the making of the service contract or the
performance of the service, whichever occurs first.
The Commissioner shall be notified of each subsequent
contract in the same manner.
For purposes of this subsection (2.5), the term "bank
services" means services such as sorting and posting of
checks and deposits, computation and posting of interest
and other credits and charges, preparation and mailing of
checks, statements, notices, and similar items, or any
other clerical, bookkeeping, accounting, statistical, or
similar functions performed for a State bank, including,
but not limited to, electronic data processing related to
those bank services.
(3) The expense of administering this Act, including
the expense of the examinations of State banks as provided
in this Act, shall to the extent of the amounts resulting
from the fees provided for in paragraphs (a), (a-2), and
(b) of this subsection (3) be assessed against and borne

SB2437 - 1082 - LRB103 26700 AMC 53063 b
by the State banks:
(a) Each bank shall pay to the Secretary a Call
Report Fee which shall be paid in quarterly
installments equal to one-fourth of the sum of the
annual fixed fee of $800, plus a variable fee based on
the assets shown on the quarterly statement of
condition delivered to the Secretary in accordance
with Section 47 for the preceding quarter according to
the following schedule: 16¢ per $1,000 of the first
$5,000,000 of total assets, 15¢ per $1,000 of the next
$20,000,000 of total assets, 13¢ per $1,000 of the
next $75,000,000 of total assets, 9¢ per $1,000 of the
next $400,000,000 of total assets, 7¢ per $1,000 of
the next $500,000,000 of total assets, and 5¢ per
$1,000 of all assets in excess of $1,000,000,000, of
the State bank. The Call Report Fee shall be
calculated by the Secretary and billed to the banks
for remittance at the time of the quarterly statements
of condition provided for in Section 47. The Secretary
may require payment of the fees provided in this
Section by an electronic transfer of funds or an
automatic debit of an account of each of the State
banks. In case more than one examination of any bank is
deemed by the Secretary to be necessary in any
examination frequency cycle specified in subsection
2(a) of this Section, and is performed at his

SB2437 - 1083 - LRB103 26700 AMC 53063 b
direction, the Secretary may assess a reasonable
additional fee to recover the cost of the additional
examination. In lieu of the method and amounts set
forth in this paragraph (a) for the calculation of the
Call Report Fee, the Secretary may specify by rule
that the Call Report Fees provided by this Section may
be assessed semiannually or some other period and may
provide in the rule the formula to be used for
calculating and assessing the periodic Call Report
Fees to be paid by State banks.
(a-1) If in the opinion of the Commissioner an
emergency exists or appears likely, the Commissioner
may assign an examiner or examiners to monitor the
affairs of a State bank with whatever frequency he
deems appropriate, including, but not limited to, a
daily basis. The reasonable and necessary expenses of
the Commissioner during the period of the monitoring
shall be borne by the subject bank. The Commissioner
shall furnish the State bank a statement of time and
expenses if requested to do so within 30 days of the
conclusion of the monitoring period.
(a-2) On and after January 1, 1990, the reasonable
and necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) shall be
borne by the banks for which the services are

SB2437 - 1084 - LRB103 26700 AMC 53063 b
provided. An amount, based upon a fee structure
prescribed by the Commissioner, shall be paid by the
banks or, after May 31, 1997, branches of out-of-state
banks receiving the electronic data processing
services along with the Call Report Fee assessed under
paragraph (a) of this subsection (3).
(a-3) After May 31, 1997, the reasonable and
necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) at or on
behalf of branches of out-of-state banks shall be
borne by the out-of-state banks, unless those expenses
are borne by the state regulatory authorities that
chartered the out-of-state banks, as determined by
cooperative agreements between the Commissioner and
the state regulatory authorities that chartered the
out-of-state banks.
(b) "Fiscal year" for purposes of this Section 48
is defined as a period beginning July 1 of any year and
ending June 30 of the next year. The Commissioner
shall receive for each fiscal year, commencing with
the fiscal year ending June 30, 1987, a contingent fee
equal to the lesser of the aggregate of the fees paid
by all State banks under paragraph (a) of subsection
(3) for that year, or the amount, if any, whereby the
aggregate of the administration expenses, as defined

SB2437 - 1085 - LRB103 26700 AMC 53063 b
in paragraph (c), for that fiscal year exceeds the sum
of the aggregate of the fees payable by all State banks
for that year under paragraph (a) of subsection (3),
plus any amounts transferred into the Bank and Trust
Company Fund from the State Pensions Fund for that
year, plus all other amounts collected by the
Commissioner for that year under any other provision
of this Act, plus the aggregate of all fees collected
for that year by the Commissioner under the Corporate
Fiduciary Act, excluding the receivership fees
provided for in Section 5-10 of the Corporate
Fiduciary Act, and the Foreign Banking Office Act. The
aggregate amount of the contingent fee thus arrived at
for any fiscal year shall be apportioned among
amongst, assessed upon, and paid by the State banks
and foreign banking corporations, respectively, in the
same proportion that the fee of each under paragraph
(a) of subsection (3), respectively, for that year
bears to the aggregate for that year of the fees
collected under paragraph (a) of subsection (3). The
aggregate amount of the contingent fee, and the
portion thereof to be assessed upon each State bank
and foreign banking corporation, respectively, shall
be determined by the Commissioner and shall be paid by
each, respectively, within 120 days of the close of
the period for which the contingent fee is computed

SB2437 - 1086 - LRB103 26700 AMC 53063 b
and is payable, and the Commissioner shall give 20
days' advance notice of the amount of the contingent
fee payable by the State bank and of the date fixed by
the Commissioner for payment of the fee.
(c) The "administration expenses" for any fiscal
year shall mean the ordinary and contingent expenses
for that year incident to making the examinations
provided for by, and for otherwise administering, this
Act, the Corporate Fiduciary Act, excluding the
expenses paid from the Corporate Fiduciary
Receivership account in the Bank and Trust Company
Fund, the Foreign Banking Office Act, the Electronic
Fund Transfer Act, and the Illinois Bank Examiners'
Education Foundation Act, including all salaries and
other compensation paid for personal services rendered
for the State by officers or employees of the State,
including the Commissioner and the Deputy
Commissioners, communication equipment and services,
office furnishings, surety bond premiums, and travel
expenses of those officers and employees, employees,
expenditures or charges for the acquisition,
enlargement or improvement of, or for the use of, any
office space, building, or structure, or expenditures
for the maintenance thereof or for furnishing heat,
light, or power with respect thereto, all to the
extent that those expenditures are directly incidental

SB2437 - 1087 - LRB103 26700 AMC 53063 b
to such examinations or administration. The
Commissioner shall not be required by paragraph
paragraphs (c) or (d-1) of this subsection (3) to
maintain in any fiscal year's budget appropriated
reserves for accrued vacation and accrued sick leave
that is required to be paid to employees of the
Commissioner upon termination of their service with
the Commissioner in an amount that is more than is
reasonably anticipated to be necessary for any
anticipated turnover in employees, whether due to
normal attrition or due to layoffs, terminations, or
resignations.
(d) The aggregate of all fees collected by the
Secretary under this Act, the Corporate Fiduciary Act,
or the Foreign Banking Office Act on and after July 1,
1979, shall be paid promptly after receipt of the
same, accompanied by a detailed statement thereof,
into the State treasury and shall be set apart in a
special fund to be known as the "Bank and Trust Company
Fund", except as provided in paragraph (c) of
subsection (11) of this Section. All earnings received
from investments of funds in the Bank and Trust
Company Fund shall be deposited into in the Bank and
Trust Company Fund and may be used for the same
purposes as fees deposited into in that Fund. The
amount from time to time deposited into the Bank and

SB2437 - 1088 - LRB103 26700 AMC 53063 b
Trust Company Fund shall be used: (i) to offset the
ordinary administrative expenses of the Secretary as
defined in this Section or (ii) as a credit against
fees under paragraph (d-1) of this subsection (3).
Nothing in Public Act 81-131 shall prevent continuing
the practice of paying expenses involving salaries,
retirement, social security, and State-paid insurance
premiums of State officers by appropriations from the
General Revenue Fund. However, the General Revenue
Fund shall be reimbursed for those payments made on
and after July 1, 1979, by an annual transfer of funds
from the Bank and Trust Company Fund. Moneys in the
Bank and Trust Company Fund may be transferred to the
Professions Indirect Cost Fund, as authorized under
Section 2105-300 of the Department of Professional
Regulation Law of the Civil Administrative Code of
Illinois.
Notwithstanding provisions in the State Finance
Act, as now or hereafter amended, or any other law to
the contrary, the Governor may, during any fiscal year
through January 10, 2011, from time to time direct the
State Treasurer and Comptroller to transfer a
specified sum not exceeding 10% of the revenues to be
deposited into the Bank and Trust Company Fund during
that fiscal year from that Fund to the General Revenue
Fund in order to help defray the State's operating

SB2437 - 1089 - LRB103 26700 AMC 53063 b
costs for the fiscal year. Notwithstanding provisions
in the State Finance Act, as now or hereafter amended,
or any other law to the contrary, the total sum
transferred during any fiscal year through January 10,
2011, from the Bank and Trust Company Fund to the
General Revenue Fund pursuant to this provision shall
not exceed during any fiscal year 10% of the revenues
to be deposited into the Bank and Trust Company Fund
during that fiscal year. The State Treasurer and
Comptroller shall transfer the amounts designated
under this Section as soon as may be practicable after
receiving the direction to transfer from the Governor.
(d-1) Adequate funds shall be available in the
Bank and Trust Company Fund to permit the timely
payment of administration expenses. In each fiscal
year the total administration expenses shall be
deducted from the total fees collected by the
Commissioner and the remainder transferred into the
Cash Flow Reserve Account, unless the balance of the
Cash Flow Reserve Account prior to the transfer equals
or exceeds one-fourth of the total initial
appropriations from the Bank and Trust Company Fund
for the subsequent year, in which case the remainder
shall be credited to State banks and foreign banking
corporations and applied against their fees for the
subsequent year. The amount credited to each State

SB2437 - 1090 - LRB103 26700 AMC 53063 b
bank and foreign banking corporation shall be in the
same proportion as the Call Report Fees paid by each
for the year bear to the total Call Report Fees
collected for the year. If, after a transfer to the
Cash Flow Reserve Account is made or if no remainder is
available for transfer, the balance of the Cash Flow
Reserve Account is less than one-fourth of the total
initial appropriations for the subsequent year and the
amount transferred is less than 5% of the total Call
Report Fees for the year, additional amounts needed to
make the transfer equal to 5% of the total Call Report
Fees for the year shall be apportioned among amongst,
assessed upon, and paid by the State banks and foreign
banking corporations in the same proportion that the
Call Report Fees of each, respectively, for the year
bear to the total Call Report Fees collected for the
year. The additional amounts assessed shall be
transferred into the Cash Flow Reserve Account. For
purposes of this paragraph (d-1), the calculation of
the fees collected by the Commissioner shall exclude
the receivership fees provided for in Section 5-10 of
the Corporate Fiduciary Act.
(e) The Commissioner may upon request certify to
any public record in his keeping and shall have
authority to levy a reasonable charge for issuing
certifications of any public record in his keeping.

SB2437 - 1091 - LRB103 26700 AMC 53063 b
(f) In addition to fees authorized elsewhere in
this Act, the Commissioner may, in connection with a
review, approval, or provision of a service, levy a
reasonable charge to recover the cost of the review,
approval, or service.
(4) Nothing contained in this Act shall be construed
to limit the obligation relative to examinations and
reports of any State bank, deposits in which are to any
extent insured by the United States or any agency thereof,
nor to limit in any way the powers of the Commissioner with
reference to examinations and reports of that bank.
(5) The nature and condition of the assets in or
investment of any bonus, pension, or profit sharing plan
for officers or employees of every State bank or, after
May 31, 1997, branch of an out-of-state bank shall be
deemed to be included in the affairs of that State bank or
branch of an out-of-state bank subject to examination by
the Commissioner under the provisions of subsection (2) of
this Section, and if the Commissioner shall find from an
examination that the condition of or operation of the
investments or assets of the plan is unlawful, fraudulent,
or unsafe, or that any trustee has abused his trust, the
Commissioner shall, if the situation so found by the
Commissioner shall not be corrected to his satisfaction
within 60 days after the Commissioner has given notice to
the board of directors of the State bank or out-of-state

SB2437 - 1092 - LRB103 26700 AMC 53063 b
bank of his findings, report the facts to the Attorney
General who shall thereupon institute proceedings against
the State bank or out-of-state bank, the board of
directors thereof, or the trustees under such plan as the
nature of the case may require.
(6) The Commissioner shall have the power:
(a) To promulgate reasonable rules for the purpose
of administering the provisions of this Act.
(a-5) To impose conditions on any approval issued
by the Commissioner if he determines that the
conditions are necessary or appropriate. These
conditions shall be imposed in writing and shall
continue in effect for the period prescribed by the
Commissioner.
(b) To issue orders against any person, if the
Commissioner has reasonable cause to believe that an
unsafe or unsound banking practice has occurred, is
occurring, or is about to occur, if any person has
violated, is violating, or is about to violate any
law, rule, or written agreement with the Commissioner,
or for the purpose of administering the provisions of
this Act and any rule promulgated in accordance with
this Act.
(b-1) To enter into agreements with a bank
establishing a program to correct the condition of the
bank or its practices.

SB2437 - 1093 - LRB103 26700 AMC 53063 b
(c) To appoint hearing officers to execute any of
the powers granted to the Commissioner under this
Section for the purpose of administering this Act and
any rule promulgated in accordance with this Act and
otherwise to authorize, in writing, an officer or
employee of the Office of Banks and Real Estate to
exercise his powers under this Act.
(d) To subpoena witnesses, to compel their
attendance, to administer an oath, to examine any
person under oath, and to require the production of
any relevant books, papers, accounts, and documents in
the course of and pursuant to any investigation being
conducted, or any action being taken, by the
Commissioner in respect of any matter relating to the
duties imposed upon, or the powers vested in, the
Commissioner under the provisions of this Act or any
rule promulgated in accordance with this Act.
(e) To conduct hearings.
(7) Whenever, in the opinion of the Secretary, any
director, officer, employee, or agent of a State bank or
any subsidiary or bank holding company of the bank or,
after May 31, 1997, of any branch of an out-of-state bank
or any subsidiary or bank holding company of the bank
shall have violated any law, rule, or order relating to
that bank or any subsidiary or bank holding company of the
bank, shall have obstructed or impeded any examination or

SB2437 - 1094 - LRB103 26700 AMC 53063 b
investigation by the Secretary, shall have engaged in an
unsafe or unsound practice in conducting the business of
that bank or any subsidiary or bank holding company of the
bank, or shall have violated any law or engaged or
participated in any unsafe or unsound practice in
connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent does not assure
reasonable promise of safe and sound operation of the
State bank, the Secretary may issue an order of removal.
If, in the opinion of the Secretary, any former director,
officer, employee, or agent of a State bank or any
subsidiary or bank holding company of the bank, prior to
the termination of his or her service with that bank or any
subsidiary or bank holding company of the bank, violated
any law, rule, or order relating to that State bank or any
subsidiary or bank holding company of the bank, obstructed
or impeded any examination or investigation by the
Secretary, engaged in an unsafe or unsound practice in
conducting the business of that bank or any subsidiary or
bank holding company of the bank, or violated any law or
engaged or participated in any unsafe or unsound practice
in connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent would not have
assured reasonable promise of safe and sound operation of

SB2437 - 1095 - LRB103 26700 AMC 53063 b
the State bank, the Secretary may issue an order
prohibiting that person from further service with a bank
or any subsidiary or bank holding company of the bank as a
director, officer, employee, or agent. An order issued
pursuant to this subsection shall be served upon the
director, officer, employee, or agent. A copy of the order
shall be sent to each director of the bank affected by
registered mail. A copy of the order shall also be served
upon the bank of which he is a director, officer,
employee, or agent, whereupon he shall cease to be a
director, officer, employee, or agent of that bank. The
Secretary may institute a civil action against the
director, officer, or agent of the State bank or, after
May 31, 1997, of the branch of the out-of-state bank
against whom any order provided for by this subsection (7)
of this Section 48 has been issued, and against the State
bank or, after May 31, 1997, out-of-state bank, to enforce
compliance with or to enjoin any violation of the terms of
the order. Any person who has been the subject of an order
of removal or an order of prohibition issued by the
Secretary under this subsection or Section 5-6 of the
Corporate Fiduciary Act may not thereafter serve as
director, officer, employee, or agent of any State bank or
of any branch of any out-of-state bank, or of any
corporate fiduciary, as defined in Section 1-5.05 of the
Corporate Fiduciary Act, or of any other entity that is

SB2437 - 1096 - LRB103 26700 AMC 53063 b
subject to licensure or regulation by the Division of
Banking unless the Secretary has granted prior approval in
writing.
For purposes of this paragraph (7), "bank holding
company" has the meaning prescribed in Section 2 of the
Illinois Bank Holding Company Act of 1957.
(7.5) Notwithstanding the provisions of this Section,
the Secretary shall not:
(1) issue an order against a State bank or any
subsidiary organized under this Act for unsafe or
unsound banking practices solely because the entity
provides or has provided financial services to a
cannabis-related legitimate business;
(2) prohibit, penalize, or otherwise discourage a
State bank or any subsidiary from providing financial
services to a cannabis-related legitimate business
solely because the entity provides or has provided
financial services to a cannabis-related legitimate
business;
(3) recommend, incentivize, or encourage a State
bank or any subsidiary not to offer financial services
to an account holder or to downgrade or cancel the
financial services offered to an account holder solely
because:
(A) the account holder is a manufacturer or
producer, or is the owner, operator, or employee

SB2437 - 1097 - LRB103 26700 AMC 53063 b
of a cannabis-related legitimate business;
(B) the account holder later becomes an owner
or operator of a cannabis-related legitimate
business; or
(C) the State bank or any subsidiary was not
aware that the account holder is the owner or
operator of a cannabis-related legitimate
business; and
(4) take any adverse or corrective supervisory
action on a loan made to an owner or operator of:
(A) a cannabis-related legitimate business
solely because the owner or operator owns or
operates a cannabis-related legitimate business;
or
(B) real estate or equipment that is leased to
a cannabis-related legitimate business solely
because the owner or operator of the real estate
or equipment leased the equipment or real estate
to a cannabis-related legitimate business.
(8) The Commissioner may impose civil penalties of up
to $100,000 against any person for each violation of any
provision of this Act, any rule promulgated in accordance
with this Act, any order of the Commissioner, or any other
action which in the Commissioner's discretion is an unsafe
or unsound banking practice.
(9) The Commissioner may impose civil penalties of up

SB2437 - 1098 - LRB103 26700 AMC 53063 b
to $100 against any person for the first failure to comply
with reporting requirements set forth in the report of
examination of the bank and up to $200 for the second and
subsequent failures to comply with those reporting
requirements.
(10) All final administrative decisions of the
Commissioner hereunder shall be subject to judicial review
pursuant to the provisions of the Administrative Review
Law. For matters involving administrative review, venue
shall be in either Sangamon County or Cook County.
(11) The endowment fund for the Illinois Bank
Examiners' Education Foundation shall be administered as
follows:
(a) (Blank).
(b) The Foundation is empowered to receive
voluntary contributions, gifts, grants, bequests, and
donations on behalf of the Illinois Bank Examiners'
Education Foundation from national banks and other
persons for the purpose of funding the endowment of
the Illinois Bank Examiners' Education Foundation.
(c) The aggregate of all special educational fees
collected by the Secretary and property received by
the Secretary on behalf of the Illinois Bank
Examiners' Education Foundation under this subsection
(11) on or after June 30, 1986, shall be either (i)
promptly paid after receipt of the same, accompanied

SB2437 - 1099 - LRB103 26700 AMC 53063 b
by a detailed statement thereof, into the State
treasury Treasury and shall be set apart in a special
fund to be known as the "The Illinois Bank Examiners'
Education Fund" to be invested by either the Treasurer
of the State of Illinois in the Public Treasurers'
Investment Pool or in any other investment he is
authorized to make or by the Illinois State Board of
Investment as the State Banking Board of Illinois may
direct or (ii) deposited into an account maintained in
a commercial bank or corporate fiduciary in the name
of the Illinois Bank Examiners' Education Foundation
pursuant to the order and direction of the Board of
Trustees of the Illinois Bank Examiners' Education
Foundation.
(12) (Blank).
(13) The Secretary may borrow funds from the General
Revenue Fund on behalf of the Bank and Trust Company Fund
if the Director of Banking certifies to the Governor that
there is an economic emergency affecting banking that
requires a borrowing to provide additional funds to the
Bank and Trust Company Fund. The borrowed funds shall be
paid back within 3 years and shall not exceed the total
funding appropriated to the Agency in the previous year.
(14) In addition to the fees authorized in this Act,
the Secretary may assess reasonable receivership fees
against any State bank that does not maintain insurance

SB2437 - 1100 - LRB103 26700 AMC 53063 b
with the Federal Deposit Insurance Corporation. All fees
collected under this subsection (14) shall be paid into
the Non-insured Institutions Receivership account in the
Bank and Trust Company Fund, as established by the
Secretary. The fees assessed under this subsection (14)
shall provide for the expenses that arise from the
administration of the receivership of any such institution
required to pay into the Non-insured Institutions
Receivership account, whether pursuant to this Act, the
Corporate Fiduciary Act, the Foreign Banking Office Act,
or any other Act that requires payments into the
Non-insured Institutions Receivership account. The
Secretary may establish by rule a reasonable manner of
assessing fees under this subsection (14).
(Source: P.A. 101-27, eff. 6-25-19; 101-275, eff. 8-9-19;
102-558, eff. 8-20-21; revised 2-28-22.)
Section 395. The Illinois Credit Union Act is amended by
changing Sections 8, 19, 20, and 59 as follows:
(205 ILCS 305/8) (from Ch. 17, par. 4409)
Sec. 8. Secretary's powers and duties. Credit unions are
regulated by the Department. The Secretary in executing the
powers and discharging the duties vested by law in the
Department has the following powers and duties:
(1) To exercise the rights, powers, and duties set

SB2437 - 1101 - LRB103 26700 AMC 53063 b
forth in this Act or any related Act. The Director shall
oversee the functions of the Division and report to the
Secretary, with respect to the Director's exercise of any
of the rights, powers, and duties vested by law in the
Secretary under this Act. All references in this Act to
the Secretary shall be deemed to include the Director, as
a person authorized by the Secretary or this Act to assume
responsibility for the oversight of the functions of the
Department relating to the regulatory supervision of
credit unions under this Act.
(2) To prescribe rules and regulations for the
administration of this Act. The provisions of the Illinois
Administrative Procedure Act are hereby expressly adopted
and incorporated herein as though a part of this Act, and
shall apply to all administrative rules and procedures of
the Department under this Act.
(3) To direct and supervise all the administrative and
technical activities of the Department including the
employment of a Credit Union Supervisor who shall have
knowledge in the theory and practice of, or experience in,
the operations or supervision of financial institutions,
preferably credit unions, and such other persons as are
necessary to carry out his functions. The Secretary shall
ensure that all examiners appointed or assigned to examine
the affairs of State-chartered credit unions possess the
necessary training and continuing education to effectively

SB2437 - 1102 - LRB103 26700 AMC 53063 b
execute their jobs.
(4) To issue cease and desist orders when in the
opinion of the Secretary, a credit union is engaged or has
engaged, or the Secretary has reasonable cause to believe
the credit union is about to engage, in an unsafe or
unsound practice, or is violating or has violated or the
Secretary has reasonable cause to believe is about to
violate a law, rule, or regulation or any condition
imposed in writing by the Department.
(5) To suspend from office and to prohibit from
further participation in any manner in the conduct of the
affairs of any credit union any director, officer, or
committee member who has committed any violation of a law,
rule, or regulation or of a cease and desist order or who
has engaged or participated in any unsafe or unsound
practice in connection with the credit union or who has
committed or engaged in any act, omission, or practice
which constitutes a breach of his fiduciary duty as such
director, officer, or committee member, when the Secretary
has determined that such action or actions have resulted
or will result in substantial financial loss or other
damage that seriously prejudices the interests of the
members.
(6) To assess a civil penalty against a credit union
provided that:
(A) the Secretary reasonably determines, based on

SB2437 - 1103 - LRB103 26700 AMC 53063 b
objective facts and an accurate assessment of
applicable legal standards, that the credit union has:
(i) committed a violation of this Act, any
rule adopted in accordance with this Act, or any
order of the Secretary issued pursuant to his or
her authority under this Act; or
(ii) engaged or participated in any unsafe or
unsound practice;
(B) before a civil penalty is assessed under this
item (6), the Secretary must make the further
reasonable determination, based on objective facts and
an accurate assessment of applicable legal standards,
that the credit union's action constituting a
violation under subparagraph (i) of paragraph (A) of
this item (6) or an unsafe and unsound practice under
subparagraph (ii) of paragraph (A) of this item (6):
(i) directly resulted in a substantial and
material financial loss or created a reasonable
probability that a substantial and material
financial loss will directly result; or
(ii) constituted willful misconduct or a
material breach of fiduciary duty of any director,
officer, or committee member of the credit union;
Material financial loss, as referenced in this
paragraph (B), shall be assessed in light of
surrounding circumstances and the relative size and

SB2437 - 1104 - LRB103 26700 AMC 53063 b
nature of the financial loss or probable financial
loss. Certain benchmarks shall be used in determining
whether financial loss is material, such as a
percentage of total assets or total gross income for
the immediately preceding 12-month period. Absent
compelling and extraordinary circumstances, no civil
penalty shall be assessed, unless the financial loss
or probable financial loss is equal to or greater than
either 1% of the credit union's total assets for the
immediately preceding 12-month period, or 1% of the
credit union's total gross income for the immediately
preceding 12-month period, whichever is less;
(C) before a civil penalty is assessed under this
item (6), the credit union must be expressly advised
in writing of the:
(i) specific violation that could subject it
to a penalty under this item (6); and
(ii) specific remedial action to be taken
within a specific and reasonable time frame to
avoid imposition of the penalty;
(D) civil Civil penalties assessed under this item
(6) shall be remedial, not punitive, and reasonably
tailored to ensure future compliance by the credit
union with the provisions of this Act and any rules
adopted pursuant to this Act;
(E) a credit union's failure to take timely

SB2437 - 1105 - LRB103 26700 AMC 53063 b
remedial action with respect to the specific violation
may result in the issuance of an order assessing a
civil penalty up to the following maximum amount,
based upon the total assets of the credit union:
(i) Credit unions with assets of less than $10
million................................................$1,000
(ii) Credit unions with assets of at least $10
million and less than $50 million......................$2,500
(iii) Credit unions with assets of at least
$50 million and less than $100 million.................$5,000
(iv) Credit unions with assets of at least
$100 million and less than $500 million...............$10,000
(v) Credit unions with assets of at least $500
million and less than $1 billion......................$25,000
(vi) Credit unions with assets of $1 billion
and greater.....................................$50,000; and
(F) an order assessing a civil penalty under this
item (6) shall take effect upon service of the order,
unless the credit union makes a written request for a
hearing under 38 Ill. IL. Adm. Code 190.20 of the
Department's rules for credit unions within 90 days
after issuance of the order; in that event, the order
shall be stayed until a final administrative order is
entered.
This item (6) shall not apply to violations separately
addressed in rules as authorized under item (7) of this

SB2437 - 1106 - LRB103 26700 AMC 53063 b
Section.
(7) Except for the fees established in this Act, to
prescribe, by rule and regulation, fees and penalties for
preparing, approving, and filing reports and other
documents; furnishing transcripts; holding hearings;
investigating applications for permission to organize,
merge, or convert; failure to maintain accurate books and
records to enable the Department to conduct an
examination; and taking supervisory actions.
(8) To destroy, in his discretion, any or all books
and records of any credit union in his possession or under
his control after the expiration of three years from the
date of cancellation of the charter of such credit unions.
(9) To make investigations and to conduct research and
studies and to publish some of the problems of persons in
obtaining credit at reasonable rates of interest and of
the methods and benefits of cooperative saving and lending
for such persons.
(10) To authorize, foster, or establish experimental,
developmental, demonstration, or pilot projects by public
or private organizations including credit unions which:
(a) promote more effective operation of credit
unions so as to provide members an opportunity to use
and control their own money to improve their economic
and social conditions; or
(b) are in the best interests of credit unions,

SB2437 - 1107 - LRB103 26700 AMC 53063 b
their members and the people of the State of Illinois.
(11) To cooperate in studies, training, or other
administrative activities with, but not limited to, the
NCUA, other state credit union regulatory agencies and
industry trade associations in order to promote more
effective and efficient supervision of Illinois chartered
credit unions.
(12) Notwithstanding the provisions of this Section,
the Secretary shall not:
(1) issue an order against a credit union
organized under this Act for unsafe or unsound banking
practices solely because the entity provides or has
provided financial services to a cannabis-related
legitimate business;
(2) prohibit, penalize, or otherwise discourage a
credit union from providing financial services to a
cannabis-related legitimate business solely because
the entity provides or has provided financial services
to a cannabis-related legitimate business;
(3) recommend, incentivize, or encourage a credit
union not to offer financial services to an account
holder or to downgrade or cancel the financial
services offered to an account holder solely because:
(A) the account holder is a manufacturer or
producer, or is the owner, operator, or employee
of a cannabis-related legitimate business;

SB2437 - 1108 - LRB103 26700 AMC 53063 b
(B) the account holder later becomes an owner
or operator of a cannabis-related legitimate
business; or
(C) the credit union was not aware that the
account holder is the owner or operator of a
cannabis-related legitimate business; and
(4) take any adverse or corrective supervisory
action on a loan made to an owner or operator of:
(A) a cannabis-related legitimate business
solely because the owner or operator owns or
operates a cannabis-related legitimate business;
or
(B) real estate or equipment that is leased to
a cannabis-related legitimate business solely
because the owner or operator of the real estate
or equipment leased the equipment or real estate
to a cannabis-related legitimate business.
(Source: P.A. 101-27, eff. 6-25-19; 102-858, eff. 5-13-22;
revised 8-19-22.)
(205 ILCS 305/19) (from Ch. 17, par. 4420)
Sec. 19. Meeting of members.
(1)(a) The annual meeting shall be held each year during
the months of January, February or March or such other month as
may be approved by the Department. The meeting shall be held at
the time, place and in the manner set forth in the bylaws. Any

SB2437 - 1109 - LRB103 26700 AMC 53063 b
special meetings of the members of the credit union shall be
held at the time, place and in the manner set forth in the
bylaws. Unless otherwise set forth in this Act, quorum
requirements for meetings of members shall be established by a
credit union in its bylaws. Notice of all meetings must be
given by the secretary of the credit union at least 7 days
before the date of such meeting, either by handing a written or
printed notice to each member of the credit union, by mailing
the notice to the member at his address as listed on the books
and records of the credit union, by posting a notice of the
meeting in three conspicuous places, including the office of
the credit union, by posting the notice of the meeting on the
credit union's website, or by disclosing the notice of the
meeting in membership newsletters or account statements.
(b) Unless expressly prohibited by the articles of
incorporation or bylaws and subject to applicable requirements
of this Act, the board of directors may provide by resolution
that members may attend, participate in, act in, and vote at
any annual meeting or special meeting through the use of a
conference telephone or interactive technology, including, but
not limited to, electronic transmission, internet usage, or
remote communication, by means of which all persons
participating in the meeting can communicate with each other.
Participation through the use of a conference telephone or
interactive technology shall constitute attendance, presence,
and representation in person at the annual meeting or special

SB2437 - 1110 - LRB103 26700 AMC 53063 b
meeting of the person or persons so participating and count
towards the quorum required to conduct business at the
meeting. The following conditions shall apply to any virtual
meeting of the members:
(i) the credit union must internally possess or retain
the technological capacity to facilitate virtual meeting
attendance, participation, communication, and voting; and
(ii) the members must receive notice of the use of a
virtual meeting format and appropriate instructions for
joining, participating, and voting during the virtual
meeting at least 7 days before the virtual meeting.
(2) On all questions and at all elections, except election
of directors, each member has one vote regardless of the
number of his shares. There shall be no voting by proxy except
on the election of directors, proposals for merger or
voluntary dissolution. Members may vote on questions,
including, without limitation, the approval of mergers and
voluntary dissolutions under this Act, and in elections by
electronic record if approved by the board of directors. All
voting on the election of directors shall be by ballot, but
when there is no contest, written or electronic ballots need
not be cast. The record date to be used for the purpose of
determining which members are entitled to notice of or to vote
at any meeting of members, may be fixed in advance by the
directors on a date not more than 90 days nor less than 10 days
prior to the date of the meeting. If no record date is fixed by

SB2437 - 1111 - LRB103 26700 AMC 53063 b
the directors, the first day on which notice of the meeting is
given, mailed or posted is the record date.
(3) Regardless of the number of shares owned by a society,
association, club, partnership, other credit union or
corporation, having membership in the credit union, it shall
be entitled to only one vote and it may be represented and have
its vote cast by its designated agent acting on its behalf
pursuant to a resolution adopted by the organization's board
of directors or similar governing authority; provided that the
credit union shall obtain a certified copy of such resolution
before such vote may be cast.
(4) A member may revoke a proxy by delivery to the credit
union of a written statement to that effect, by execution of a
subsequently dated proxy, by execution of an electronic
record, or by attendance at a meeting and voting in person.
(5) The use of electronic records for member voting
pursuant to this Section shall employ a security procedure
that meets the attribution criteria set forth in Section 9 of
the Uniform Electronic Transactions Act.
(6) As used in this Section, "electronic", "electronic
record", and "security procedure" have the meanings ascribed
to those terms in the Uniform Electronic Transactions Act. the
(Source: P.A. 102-38, eff. 6-25-21; 102-496, eff. 8-20-21;
102-774, eff. 5-13-22; 102-813, eff. 5-13-22; revised 8-3-22.)
(205 ILCS 305/20) (from Ch. 17, par. 4421)

SB2437 - 1112 - LRB103 26700 AMC 53063 b
Sec. 20. Election or appointment of officials.
(1) The credit union shall be directed by a board of
directors consisting of no less than 7 in number, to be elected
at the annual meeting by and from the members. Directors shall
hold office until the next annual meeting, unless their terms
are staggered. Upon amendment of its bylaws, a credit union
may divide the directors into 2 or 3 classes with each class as
nearly equal in number as possible. The term of office of the
directors of the first class shall expire at the first annual
meeting after their election, that of the second class shall
expire at the second annual meeting after their election, and
that of the third class, if any, shall expire at the third
annual meeting after their election. At each annual meeting
after the classification, the number of directors equal to the
number of directors whose terms expire at the time of the
meeting shall be elected to hold office until the second
succeeding annual meeting if there are 2 classes or until the
third succeeding annual meeting if there are 3 classes. A
director shall hold office for the term for which he or she is
elected and until his or her successor is elected and
qualified.
(1.5) Except as provided in subsection (1.10), in all
elections for directors, every member has the right to vote,
in person, by proxy, or by electronic record if approved by the
board of directors, the number of shares owned by him, or in
the case of a member other than a natural person, the member's

SB2437 - 1113 - LRB103 26700 AMC 53063 b
one vote, for as many persons as there are directors to be
elected, or to cumulate such shares, and give one candidate as
many votes as the number of directors multiplied by the number
of his shares equals, or to distribute them on the same
principle among as many candidates as he may desire and the
directors shall not be elected in any other manner. Shares
held in a joint account owned by more than one member may be
voted by any one of the members, however, the number of
cumulative votes cast may not exceed a total equal to the
number of shares multiplied by the number of directors to be
elected. A majority of the shares entitled to vote shall be
represented either in person or by proxy for the election of
directors. Each director shall wholly take and subscribe to an
oath that he will diligently and honestly perform his duties
in administering the affairs of the credit union, that while
he may delegate to another the performance of those
administrative duties he is not thereby relieved from his
responsibility for their performance, that he will not
knowingly violate or permit to be violated any law applicable
to the credit union, and that he is the owner of at least one
share of the credit union.
(1.10) Upon amendment of a credit union's bylaws, in all
elections for directors, every member who is a natural person
shall have the right to cast one vote, regardless of the number
of his or her shares, in person, by proxy, or by electronic
record if approved by the board of directors, for as many

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persons as there are directors to be elected.
(1.15) If the board of directors has adopted a policy
addressing age eligibility standards on voting, holding
office, or petitioning the board, then a credit union may
require (i) that members be at least 18 years of age by the
date of the meeting in order to vote at meetings of the
members, sign nominating petitions, or sign petitions
requesting special meetings, and (ii) that members be at least
18 years of age by the date of election or appointment in order
to hold elective or appointive office.
(2) The board of directors shall appoint from among the
members of the credit union, a supervisory committee of not
less than 3 members at the organization meeting and within 30
days following each annual meeting of the members for such
terms as the bylaws provide. Members of the supervisory
committee may, but need not be, on the board of directors, but
shall not be officers of the credit union, members of the
credit committee, or the credit manager if no credit committee
has been appointed.
(3) The board of directors may appoint, from among the
members of the credit union, a credit committee consisting of
an odd number, not less than 3 for such terms as the bylaws
provide. Members of the credit committee may, but need not be,
directors or officers of the credit union, but shall not be
members of the supervisory committee.
(4) The board of directors may appoint from among the

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members of the credit union a membership committee of one or
more persons. If appointed, the committee shall act upon all
applications for membership and submit a report of its actions
to the board of directors at the next regular meeting for
review. If no membership committee is appointed, credit union
management shall act upon all applications for membership and
submit a report of its actions to the board of directors at the
next regular meeting for review.
(5) The board of directors may appoint, from among the
members of the credit union, a nominating committee of 3 or
more persons. Members of the nominating committee may, but
need not, be directors or officers of the credit union, but may
not be members of the supervisory committee. The appointment,
if made, shall be made in a timely manner to permit the
nominating committee to recruit, evaluate, and nominate
eligible candidates for each position to be filled in the
election of directors or, in the event of a vacancy in office,
to be filled by appointment of the board of directors for the
remainder of the unexpired term of the director creating the
vacancy. Factors the nominating committee may consider in
evaluating prospective candidates include whether a candidate
possesses or is willing to acquire through training the
requisite skills and qualifications to carry out the statutory
duties of a director. The board of directors may delegate to
the nominating committee the recruitment, evaluation, and
nomination of eligible candidates to serve on committees and

SB2437 - 1116 - LRB103 26700 AMC 53063 b
in executive officer positions.
(6) The use of electronic records for member voting
pursuant to this Section shall employ a security procedure
that meets the attribution criteria set forth in Section 9 of
the Uniform Electronic Transactions Act.
(7) As used in this Section, "electronic", "electronic
record", and "security procedure" have the meanings ascribed
to those terms in the Uniform Electronic Transactions Act. the
(Source: P.A. 102-38, eff. 6-25-21; 102-687, eff. 12-17-21;
102-774, eff. 5-13-22; 102-858, eff. 5-13-22; revised 8-3-22.)
(205 ILCS 305/59) (from Ch. 17, par. 4460)
Sec. 59. Investment of funds.
(a) Funds not used in loans to members may be invested,
pursuant to subsection (7) of Section 30 of this Act, and
subject to Departmental rules and regulations:
(1) In securities, obligations or other instruments of
or issued by or fully guaranteed as to principal and
interest by the United States of America or any agency
thereof or in any trust or trusts established for
investing directly or collectively in the same;
(2) In obligations of any state of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
and the several territories organized by Congress, or any
political subdivision thereof; however, a credit union may
not invest more than 10% of its unimpaired capital and

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surplus in the obligations of one issuer, exclusive of
general obligations of the issuer, and investments in
municipal securities must be limited to securities rated
in one of the 4 highest rating investment grades by a
nationally recognized statistical rating organization;
(3) In certificates of deposit or passbook type
accounts issued by a state or national bank, mutual
savings bank or savings and loan association; provided
that such institutions have their accounts insured by the
Federal Deposit Insurance Corporation or the Federal
Savings and Loan Insurance Corporation; but provided,
further, that a credit union's investment in an account in
any one institution may exceed the insured limit on
accounts;
(4) In shares, classes of shares or share certificates
of other credit unions, including, but not limited to,
corporate credit unions; provided that such credit unions
have their members' accounts insured by the NCUA or other
approved insurers, and that if the members' accounts are
so insured, a credit union's investment may exceed the
insured limit on accounts;
(5) In shares of a cooperative society organized under
the laws of this State or the laws of the United States in
the total amount not exceeding 10% of the unimpaired
capital and surplus of the credit union; provided that
such investment shall first be approved by the Department;

SB2437 - 1118 - LRB103 26700 AMC 53063 b
(6) In obligations of the State of Israel, or
obligations fully guaranteed by the State of Israel as to
payment of principal and interest;
(7) In shares, stocks or obligations of other
financial institutions in the total amount not exceeding
5% of the unimpaired capital and surplus of the credit
union;
(8) In federal funds and bankers' acceptances;
(9) In shares or stocks of Credit Union Service
Organizations in the total amount not exceeding the
greater of 6% of the unimpaired capital and surplus of the
credit union or the amount authorized for federal credit
unions;
(10) In corporate bonds identified as investment grade
by at least one nationally recognized statistical rating
organization, provided that:
(i) the board of directors has established a
written policy that addresses corporate bond
investment procedures and how the credit union will
manage credit risk, interest rate risk, liquidity
risk, and concentration risk; and
(ii) the credit union has documented in its
records that a credit analysis of a particular
investment and the issuing entity was conducted by the
credit union, a third party on behalf of the credit
union qualified by education or experience to assess

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the risk characteristics of corporate bonds, or a
nationally recognized statistical rating agency before
purchasing the investment and the analysis is updated
at least annually for as long as it holds the
investment;
(11) To aid in the credit union's management of its
assets, liabilities, and liquidity in the purchase of an
investment interest in a pool of loans, in whole or in part
and without regard to the membership of the borrowers,
from other depository institutions and financial type
institutions, including mortgage banks, finance companies,
insurance companies, and other loan sellers, subject to
such safety and soundness standards, limitations, and
qualifications as the Department may establish by rule or
guidance from time to time;
(12) To aid in the credit union's management of its
assets, liabilities, and liquidity by receiving funds from
another financial institution as evidenced by certificates
of deposit, share certificates, or other classes of shares
issued by the credit union to the financial institution;
(13) In the purchase and assumption of assets held by
other financial institutions, with approval of the
Secretary and subject to any safety and soundness
standards, limitations, and qualifications as the
Department may establish by rule or guidance from time to
time;

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(14) In the shares, stocks, or obligations of
community development financial institutions as defined in
regulations issued by the U.S. Department of the Treasury
and minority depository institutions as defined by the
National Credit Union Administration; however the
aggregate amount of all such investments shall not at any
time exceed 5% of the paid-in and unimpaired capital and
surplus of the credit union; and
(15)(A) In shares, stocks, or member units of
financial technology companies in the total amount not
exceeding 2.5% of the net worth of the credit union, so
long as:
(i) the credit union would remain well capitalized
as defined by 12 CFR 702.102 if the credit union
reduced its net worth by the full investment amount at
the time the investment is made or at any point during
the time the investment is held by the credit union;
(ii) the credit union and the financial technology
company are operated in a manner that demonstrates to
the public the separate corporate existence of the
credit union and financial technology company; and
(iii) the credit union has received a composite
rating of 1 or 2 under the CAMELS supervisory rating
system.
(B) The investment limit in subparagraph (A) of this
paragraph (15) is increased to 5% of the net worth of the

SB2437 - 1121 - LRB103 26700 AMC 53063 b
credit union, if it has received a management rating of 1
under the CAMELS supervisory rating system at the time a
specific investment is made and at all times during the
term of the investment. A credit union that satisfies the
criteria in subparagraph (A) of this paragraph (15) and
this subparagraph may request approval from the Secretary
for an exception to the 5% limit up to a limit of 10% of
the net worth of the credit union, subject to such safety
and soundness standards, limitations, and qualifications
as the Department may establish by rule or guidance from
time to time. The request shall be in writing and
substantiate the need for the higher limit, describe the
credit union's record of investment activity, and include
financial statements reflecting a sound fiscal history.
(C) Before investing in a financial technology
company, the credit union shall obtain a written legal
opinion as to whether the financial technology company is
established in a manner that will limit potential exposure
of the credit union to no more than the loss of funds
invested in the financial technology company and the legal
opinion shall:
(i) address factors that have led courts to
"pierce the corporate veil", such as inadequate
capitalization, lack of separate corporate identity,
common boards of directors and employees, control of
one entity over another, and lack of separate books

SB2437 - 1122 - LRB103 26700 AMC 53063 b
and records; and
(ii) be provided by independent legal counsel of
the credit union.
(D) Before investing in the financial technology
company, the credit union shall enter into a written
investment agreement with the financial technology company
and the agreement shall contain the following clauses:
(i) the financial technology company will: (I)
provide the Department with access to the books and
records of the financial technology company relating
to the investment made by the credit union, with the
costs of examining those records borne by the credit
union in accordance with the per diem rate established
by the Department by rule; (II) follow generally
accepted accounting principles; and (III) provide the
credit union with its financial statements on at least
a quarterly basis and certified public accountant
audited financial statements on an annual basis; and
(ii) the financial technology company and credit
union agree to terminate their contractual
relationship: (I) upon 90 days' written notice to the
parties by the Secretary that the safety and soundness
of the credit union is threatened pursuant to the
Department's cease and desist and suspension authority
in Sections 8 and 61; (II) upon 30 days' written notice
to the parties if the credit union's net worth ratio

SB2437 - 1123 - LRB103 26700 AMC 53063 b
falls below the level that classifies it as well
capitalized well-capitalized as defined by 12 CFR
702.102; and (III) immediately upon the parties'
receipt of written notice from the Secretary when the
Secretary reasonably concludes, based upon specific
facts set forth in the notice to the parties, that the
credit union will suffer immediate, substantial, and
irreparable injury or loss if it remains a party to the
investment agreement.
(E) The termination of the investment agreement
between the financial technology company and credit union
shall in no way operate to relieve the financial
technology company from repaying the investment or other
obligation due and owing the credit union at the time of
termination.
(F) Any financial technology company in which a credit
union invests pursuant to this paragraph (15) that
directly or indirectly originates, purchases, facilitates,
brokers, or services loans to consumers in Illinois shall
not charge an interest rate that exceeds the applicable
maximum rate established by the Board of the National
Credit Union Administration pursuant to 12 CFR
701.21(c)(7)(iii)-(iv). The maximum interest rate
described in this subparagraph that may be charged by a
financial technology company applies to all consumer loans
and consumer credit products.

SB2437 - 1124 - LRB103 26700 AMC 53063 b
(b) As used in this Section:
"Political subdivision" includes, but is not limited to,
counties, townships, cities, villages, incorporated towns,
school districts, educational service regions, special road
districts, public water supply districts, fire protection
districts, drainage districts, levee districts, sewer
districts, housing authorities, park districts, and any
agency, corporation, or instrumentality of a state or its
political subdivisions, whether now or hereafter created and
whether herein specifically mentioned or not.
"Financial institution" includes any bank, savings bank,
savings and loan association, or credit union established
under the laws of the United States, this State, or any other
state.
"Financial technology company" includes any corporation,
partnership, limited liability company, or other entity
organized under the laws of Illinois, another state, or the
United States of America:
(1) that the principal business of which is the
provision of financial products or financial services, or
both, that:
(i) currently relate or may prospectively relate
to the daily operations of credit unions;
(ii) are of current or prospective benefit to the
members of credit unions; or
(iii) are of current or prospective benefit to

SB2437 - 1125 - LRB103 26700 AMC 53063 b
consumers eligible for membership in credit unions;
and
(2) that applies technological interventions,
including, without limitation, specialized software or
algorithm processes, products, or solutions, to improve
and automate the delivery and use of those financial
products or financial services.
(c) A credit union investing to fund an employee benefit
plan obligation is not subject to the investment limitations
of this Act and this Section and may purchase an investment
that would otherwise be impermissible if the investment is
directly related to the credit union's obligation under the
employee benefit plan and the credit union holds the
investment only for so long as it has an actual or potential
obligation under the employee benefit plan.
(d) If a credit union acquires loans from another
financial institution or financial-type institution pursuant
to this Section, the credit union shall be authorized to
provide loan servicing and collection services in connection
with those loans.
(Source: P.A. 101-567, eff. 8-23-19; 102-496, eff. 8-20-21;
102-774, eff. 5-13-22; 102-858, eff. 5-13-22; revised 8-3-22.)
Section 400. The Residential Mortgage License Act of 1987
is amended by changing Section 7-7 as follows:

SB2437 - 1126 - LRB103 26700 AMC 53063 b
(205 ILCS 635/7-7)
Sec. 7-7. Continuing education for mortgage loan
originators.
(a) In order to meet the annual continuing education
requirements referred to in Section 7-6, a licensed mortgage
loan originator shall complete at least 8 hours of education
approved in accordance with subsection (b) of this Section,
which shall include at least:
(1) 3 hours of federal Federal law and regulations;
(2) 2 hours of ethics, which shall include instruction
on fraud, consumer protection, and fair lending issues;
and
(3) 2 hours of training related to lending standards
for the nontraditional mortgage product marketplace.
(b) For purposes of this subsection (a), continuing
education courses shall be reviewed and approved by the
Nationwide Multistate Licensing System and Registry based upon
reasonable standards. Review and approval of a continuing
education course shall include review and approval of the
course provider.
(c) Nothing in this Section shall preclude any education
course, as approved by the Nationwide Multistate Licensing
System and Registry, that is provided by the employer of the
mortgage loan originator or an entity which is affiliated with
the mortgage loan originator by an agency contract, or any
subsidiary or affiliate of the employer or entity.

SB2437 - 1127 - LRB103 26700 AMC 53063 b
(d) Continuing education may be offered either in a
classroom, online, or by any other means approved by the
Nationwide Multistate Licensing System and Registry.
(e) A licensed mortgage loan originator:
(1) except Except as provided in Section 7-6 and
subsection (i) of this Section, may only receive credit
for a continuing education course in the year in which the
course is taken; and
(2) may May not take the same approved course in the
same or successive years to meet the annual requirements
for continuing education.
(f) A licensed mortgage loan originator who is an approved
instructor of an approved continuing education course may
receive credit for the licensed mortgage loan originator's own
annual continuing education requirement at the rate of 2 hours
credit for every one hour taught.
(g) A person having successfully completed the education
requirements approved by the Nationwide Multistate Licensing
System and Registry for the subjects listed in subsection (a)
of this Section for any state shall be accepted as credit
towards completion of continuing education requirements in
this State.
(h) A licensed mortgage loan originator who subsequently
becomes unlicensed must complete the continuing education
requirements for the last year in which the license was held
prior to issuance of a new or renewed license.

SB2437 - 1128 - LRB103 26700 AMC 53063 b
(i) A person meeting the requirements of Section 7-6 may
make up any deficiency in continuing education as established
by rule or regulation of the Director.
(Source: P.A. 100-1153, eff. 12-19-18; revised 3-16-22.)
Section 405. The Assisted Living and Shared Housing Act is
amended by setting forth and renumbering multiple versions of
Section 77 as follows:
(210 ILCS 9/77)
Sec. 77. Establishment employee assistance programs. An
establishment shall ensure that licensed health care
professionals employed by the establishment are aware of
employee assistance programs or other like programs available
for the physical and mental well-being of the employee. The
establishment shall provide information on these programs, no
less than at the time of employment and during any benefit open
enrollment period, by an information form about the respective
programs that a licensed health care professional must sign
during onboarding at the establishment. The signed information
form shall be added to the licensed health care professional's
personnel file. The establishment may provide this information
to licensed health care professionals electronically.
(Source: P.A. 102-1007, eff. 1-1-23; revised 12-19-22.)
(210 ILCS 9/78)

SB2437 - 1129 - LRB103 26700 AMC 53063 b
Sec. 78 77. Certified nursing assistant interns.
(a) A certified nursing assistant intern shall report to
an establishment's charge nurse or nursing supervisor and may
only be assigned duties authorized in Section 2310-434 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois by a supervising nurse.
(b) An establishment shall notify its certified and
licensed staff members, in writing, that a certified nursing
assistant intern may only provide the services and perform the
procedures permitted under Section 2310-434 of the Department
of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois. The notification shall detail
which duties may be delegated to a certified nursing assistant
intern. The establishment shall establish a policy describing
the authorized duties, supervision, and evaluation of
certified nursing assistant interns available upon request of
the Department and any surveyor.
(c) If an establishment learns that a certified nursing
assistant intern is performing work outside the scope of the
Certified Nursing Assistant Intern Program's training, the
establishment shall:
(1) stop the certified nursing assistant intern from
performing the work;
(2) inspect the work and correct mistakes, if the work
performed was done improperly;
(3) assign the work to the appropriate personnel; and

SB2437 - 1130 - LRB103 26700 AMC 53063 b
(4) ensure that a thorough assessment of any resident
involved in the work performed is completed by a
registered nurse.
(d) An establishment that employs a certified nursing
assistant intern in violation of this Section shall be subject
to civil penalties or fines under subsection (a) of Section
135.
(Source: P.A. 102-1037, eff. 6-2-22; revised 8-8-22.)
Section 410. The Nursing Home Care Act is amended by
changing Sections 3-202.2b and 3-702 and by setting forth and
renumbering multiple versions of Section 3-613 as follows:
(210 ILCS 45/3-202.2b)
Sec. 3-202.2b. Certification of psychiatric rehabilitation
program.
(a) No later than January 1, 2011, the Department shall
file with the Joint Committee on Administrative Rules,
pursuant to the Illinois Administrative Procedure Act,
proposed rules or proposed amendments to existing rules to
establish a special certification program for compliance with
77 Ill. Adm. Admin. Code 300.4000 and following (Subpart S),
which provides for psychiatric rehabilitation services that
are required to be offered by a long-term long term care
facility licensed under this Act that serves residents with
serious mental illness. Compliance with standards promulgated

SB2437 - 1131 - LRB103 26700 AMC 53063 b
pursuant to this Section must be demonstrated before a
long-term long term care facility licensed under this Act is
eligible to become certified under this Section and annually
thereafter.
(b) No long-term long term care facility shall establish,
operate, maintain, or offer psychiatric rehabilitation
services, or admit, retain, or seek referrals of a resident
with a serious mental illness diagnosis, unless and until a
valid certification, which remains unsuspended, unrevoked, and
unexpired, has been issued.
(c) A facility that currently serves a resident with
serious mental illness may continue to admit such residents
until the Department performs a certification review and
determines that the facility does not meet the requirements
for certification. The Department, at its discretion, may
provide an additional 90-day period for the facility to meet
the requirements for certification if it finds that the
facility has made a good faith effort to comply with all
certification requirements and will achieve total compliance
with the requirements before the end of the 90-day period. The
facility shall be prohibited from admitting residents with
serious mental illness until the Department certifies the
facility to be in compliance with the requirements of this
Section.
(d) A facility currently serving residents with serious
mental illness that elects to terminate provision of services

SB2437 - 1132 - LRB103 26700 AMC 53063 b
to this population must immediately notify the Department of
its intent, cease to admit new residents with serious mental
illness, and give notice to all existing residents with
serious mental illness of their impending discharge. These
residents shall be accorded all rights and assistance provided
to a resident being involuntarily discharged and those
provided under Section 2-201.5. The facility shall continue to
adhere to all requirements of 77 Ill. Adm. Admin. Code
300.4000 until all residents with serious mental illness have
been discharged.
(e) A long-term long term care facility found to be out of
compliance with the certification requirements under this
Section may be subject to denial, revocation, or suspension of
the psychiatric rehabilitation services certification or the
imposition of sanctions and penalties, including the immediate
suspension of new admissions. Hearings shall be conducted
pursuant to Article III, Part 7 of this Act.
(f) The Department shall indicate, on its list of licensed
long-term long term care facilities, which facilities are
certified under this Section and shall distribute this list to
the appropriate State agencies charged with administering and
implementing the State's program of pre-admission screening
and resident review, hospital discharge planners, Area
Agencies on Aging, Case Coordination Units, and others upon
request.
(g) No public official, agent, or employee of the State,

SB2437 - 1133 - LRB103 26700 AMC 53063 b
or any subcontractor of the State, may refer or arrange for the
placement of a person with serious mental illness in a
long-term long term care facility that is not certified under
this Section. No public official, agent, or employee of the
State, or any subcontractor of the State, may place the name of
a long-term long term care facility on a list of facilities
serving the seriously mentally ill for distribution to the
general public or to professionals arranging for placements or
making referrals unless the facility is certified under this
Section.
(h) Certification requirements. The Department shall
establish requirements for certification that augment current
quality of care standards for long-term long term care
facilities serving residents with serious mental illness,
which shall include admission, discharge planning, psychiatric
rehabilitation services, development of age-group appropriate
treatment plan goals and services, behavior management
services, coordination with community mental health services,
staff qualifications and training, clinical consultation,
resident access to the outside community, and appropriate
environment and space for resident programs, recreation,
privacy, and any other issue deemed appropriate by the
Department. The augmented standards shall at a minimum
include, but need not be limited to, the following:
(1) Staff sufficient in number and qualifications
necessary to meet the scheduled and unscheduled needs of

SB2437 - 1134 - LRB103 26700 AMC 53063 b
the residents on a 24-hour basis. The Department shall
establish by rule the minimum number of psychiatric
services rehabilitation coordinators in relation to the
number of residents with serious mental illness residing
in the facility.
(2) The number and qualifications of consultants
required to be contracted with to provide continuing
education and training, and to assist with program
development.
(3) Training for all new employees specific to the
care needs of residents with a serious mental illness
diagnosis during their orientation period and annually
thereafter. Training shall be independent of the
Department and overseen by an agency designated by the
Governor to determine the content of all facility employee
training and to provide training for all trainers of
facility employees. Training of employees shall at minimum
include, but need not be limited to, (i) the impact of a
serious mental illness diagnosis, (ii) the recovery
paradigm and the role of psychiatric rehabilitation, (iii)
preventive strategies for managing aggression and crisis
prevention, (iv) basic psychiatric rehabilitation
techniques and service delivery, (v) resident rights, (vi)
abuse prevention, (vii) appropriate interaction between
staff and residents, and (viii) any other topic deemed by
the Department to be important to ensuring quality of

SB2437 - 1135 - LRB103 26700 AMC 53063 b
care.
(4) Quality assessment and improvement requirements,
in addition to those contained in this Act on July 29, 2010
(the effective date of Public Act 96-1372) this amendatory
Act of the 96th General Assembly, specific to a facility's
residential psychiatric rehabilitation services, which
shall be made available to the Department upon request. A
facility shall be required at a minimum to develop and
maintain policies and procedures that include, but need
not be limited to, evaluation of the appropriateness of
resident admissions based on the facility's capacity to
meet specific needs, resident assessments, development and
implementation of care plans, and discharge planning.
(5) Room selection and appropriateness of roommate
assignment.
(6) Comprehensive quarterly review of all treatment
plans for residents with serious mental illness by the
resident's interdisciplinary team, which takes into
account, at a minimum, the resident's progress, prior
assessments, and treatment plan.
(7) Substance abuse screening and management and
documented referral relationships with certified substance
abuse treatment providers.
(8) Administration of psychotropic medications to a
resident with serious mental illness who is incapable of
giving informed consent, in compliance with the applicable

SB2437 - 1136 - LRB103 26700 AMC 53063 b
provisions of the Mental Health and Developmental
Disabilities Code.
(i) The Department shall establish a certification fee
schedule by rule, in consultation with advocates, nursing
homes, and representatives of associations representing
long-term long term care facilities.
(j) The Director or her or his designee shall seek input
from the Long-Term Long Term Care Facility Advisory Board
before filing rules to implement this Section.
Rules proposed no later than January 1, 2011 under this
Section shall take effect 180 days after being approved by the
Joint Committee on Administrative Rules.
(Source: P.A. 96-1372, eff. 7-29-10; revised 2-28-22.)
(210 ILCS 45/3-613)
Sec. 3-613. Facility employee assistance programs. A
facility shall ensure that nurses employed by the facility are
aware of employee assistance programs or other like programs
available for the physical and mental well-being of the
employee. The facility shall provide information on these
programs, no less than at the time of employment and during any
benefit open enrollment period, by an information form about
the respective programs that a nurse must sign during
onboarding at the facility. The signed information form shall
be added to the nurse's personnel file. The facility may
provide this information to nurses electronically.

SB2437 - 1137 - LRB103 26700 AMC 53063 b
(Source: P.A. 102-1007, eff. 1-1-23; revised 12-19-22.)
(210 ILCS 45/3-614)
Sec. 3-614 3-613. Certified nursing assistant interns.
(a) A certified nursing assistant intern shall report to a
facility's charge nurse or nursing supervisor and may only be
assigned duties authorized in Section 2310-434 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois by a supervising nurse.
(b) A facility shall notify its certified and licensed
staff members, in writing, that a certified nursing assistant
intern may only provide the services and perform the
procedures permitted under Section 2310-434 of the Department
of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois. The notification shall detail
which duties may be delegated to a certified nursing assistant
intern. The facility shall establish a policy describing the
authorized duties, supervision, and evaluation of certified
nursing assistant interns available upon request of the
Department and any surveyor.
(c) If a facility learns that a certified nursing
assistant intern is performing work outside the scope of the
Certified Nursing Assistant Intern Program's training, the
facility shall:
(1) stop the certified nursing assistant intern from
performing the work;

SB2437 - 1138 - LRB103 26700 AMC 53063 b
(2) inspect the work and correct mistakes, if the work
performed was done improperly;
(3) assign the work to the appropriate personnel; and
(4) ensure that a thorough assessment of any resident
involved in the work performed is completed by a
registered nurse.
(d) A facility that employs a certified nursing assistant
intern in violation of this Section shall be subject to civil
penalties or fines under Section 3-305.
(e) A minimum of 50% of nursing and personal care time
shall be provided by a certified nursing assistant, but no
more than 15% of nursing and personal care time may be provided
by a certified nursing assistant intern.
(Source: P.A. 102-1037, eff. 6-2-22; revised 8-8-22.)
(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
Sec. 3-702. (a) A person who believes that this Act or a
rule promulgated under this Act may have been violated may
request an investigation. The request may be submitted to the
Department in writing, by telephone, by electronic means, or
by personal visit. An oral complaint shall be reduced to
writing by the Department. The Department shall make
available, through its website and upon request, information
regarding the oral and phone intake processes and the list of
questions that will be asked of the complainant. The
Department shall request information identifying the

SB2437 - 1139 - LRB103 26700 AMC 53063 b
complainant, including the name, address, and telephone
number, to help enable appropriate follow-up. The Department
shall act on such complaints via on-site visits or other
methods deemed appropriate to handle the complaints with or
without such identifying information, as otherwise provided
under this Section. The complainant shall be informed that
compliance with such request is not required to satisfy the
procedures for filing a complaint under this Act. The
Department must notify complainants that complaints with less
information provided are far more difficult to respond to and
investigate.
(b) The substance of the complaint shall be provided in
writing to the licensee, owner, or administrator no earlier
than at the commencement of an on-site inspection of the
facility which takes place pursuant to the complaint.
(c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this

SB2437 - 1140 - LRB103 26700 AMC 53063 b
Act has been or is being violated. The Department shall
investigate all complaints alleging abuse or neglect within 7
days after the receipt of the complaint except that complaints
of abuse or neglect which indicate that a resident's life or
safety is in imminent danger shall be investigated within 24
hours after receipt of the complaint. All other complaints
shall be investigated within 30 days after the receipt of the
complaint. The Department employees investigating a complaint
shall conduct a brief, informal exit conference with the
facility to alert its administration of any suspected serious
deficiency that poses a direct threat to the health, safety,
or welfare of a resident to enable an immediate correction for
the alleviation or elimination of such threat. Such
information and findings discussed in the brief exit
conference shall become a part of the investigating record but
shall not in any way constitute an official or final notice of
violation as provided under Section 3-301. All complaints
shall be classified as "an invalid report", "a valid report",
or "an undetermined report". For any complaint classified as
"a valid report", the Department must determine within 30
working days after any Department employee enters a facility
to begin an on-site inspection if any rule or provision of this
Act has been or is being violated.
(d-1) The Department shall, whenever possible, combine an
on-site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.

SB2437 - 1141 - LRB103 26700 AMC 53063 b
(e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its
determination unless otherwise indicated by the complainant,
and the complainant may direct the Department to send a copy of
such findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his consent.
(g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given
notice of any such hearing and may participate in the hearing
as a party. If a facility requests a hearing under Section
3-703 which concerns a matter covered by a complaint, the
complainant shall be given notice and may participate in the

SB2437 - 1142 - LRB103 26700 AMC 53063 b
hearing as a party. A request for a hearing by either a
complainant or a facility shall be submitted in writing to the
Department within 30 days after the mailing of the
Department's findings as described in subsection (e) of this
Section. Upon receipt of the request the Department shall
conduct a hearing as provided under Section 3-703.
(g-5) The Department shall conduct an annual review of all
survey activity from the preceding fiscal year and make a
report concerning the complaint and survey process. The report
shall include, but not be limited to:
(1) the total number of complaints received;
(2) the breakdown of 24-hour, 7-day, and 30-day
complaints;
(3) the breakdown of anonymous and non-anonymous
complaints;
(4) the number of complaints that were substantiated
versus unsubstantiated;
(5) the total number of substantiated complaints that
were completed in the time frame determined under
subsection (d);
(6) the total number of informal dispute resolutions
requested;
(7) the total number of informal dispute resolution
requests approved;
(8) the total number of informal dispute resolutions
that were overturned or reduced in severity;

SB2437 - 1143 - LRB103 26700 AMC 53063 b
(9) the total number of nurse surveyors hired during
the calendar year;
(10) the total number of nurse surveyors who left
Department employment;
(11) the average length of tenure for nurse surveyors
employed by the Department at the time the report is
created;
(12) the total number of times the Department imposed
discretionary denial of payment within 15 days of notice
and within 2 days of notice as well as the number of times
the discretionary denial of payment took effect; and
(13) any other complaint information requested by the
Long-Term Care Facility Advisory Board created under
Section 2-204 of this Act or the Illinois Long-Term Care
Council created under Section 4.04a of the Illinois Act on
the Aging.
This report shall be provided to the Long-Term Care
Facility Advisory Board, the Illinois Long-Term Care Council,
and the General Assembly. The Long-Term Care Facility Advisory
Board and the Illinois Long-Term Care Council shall review the
report and suggest any changes deemed necessary to the
Department for review and action, including how to investigate
and substantiate anonymous complaints.
(h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of

SB2437 - 1144 - LRB103 26700 AMC 53063 b
2012.
(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23;
revised 12-9-22.)
Section 415. The MC/DD Act is amended by setting forth and
renumbering multiple versions of Section 3-613 as follows:
(210 ILCS 46/3-613)
Sec. 3-613. Facility employee assistance programs. A
facility shall ensure that nurses employed by the facility are
aware of employee assistance programs or other like programs
available for the physical and mental well-being of the
employee. The facility shall provide information on these
programs, no less than at the time of employment and during any
benefit open enrollment period, by an information form about
the respective programs that a nurse must sign during
onboarding at the facility. The signed information form shall
be added to the nurse's personnel file. The facility may
provide this information to nurses electronically.
(Source: P.A. 102-1007, eff. 1-1-23; revised 12-19-22.)
(210 ILCS 46/3-614)
Sec. 3-614 3-613. Certified nursing assistant interns.
(a) A certified nursing assistant intern shall report to a
facility's charge nurse or nursing supervisor and may only be
assigned duties authorized in Section 2310-434 of the

SB2437 - 1145 - LRB103 26700 AMC 53063 b
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois by a supervising nurse.
(b) A facility shall notify its certified and licensed
staff members, in writing, that a certified nursing assistant
intern may only provide the services and perform the
procedures permitted under Section 2310-434 of the Department
of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois. The notification shall detail
which duties may be delegated to a certified nursing assistant
intern. The facility shall establish a policy describing the
authorized duties, supervision, and evaluation of certified
nursing assistant interns available upon request of the
Department and any surveyor.
(c) If a facility learns that a certified nursing
assistant intern is performing work outside the scope of the
Certified Nursing Assistant Intern Program's training, the
facility shall:
(1) stop the certified nursing assistant intern from
performing the work;
(2) inspect the work and correct mistakes, if the work
performed was done improperly;
(3) assign the work to the appropriate personnel; and
(4) ensure that a thorough assessment of any resident
involved in the work performed is completed by a
registered nurse.
(d) A facility that employs a certified nursing assistant

SB2437 - 1146 - LRB103 26700 AMC 53063 b
intern in violation of this Section shall be subject to civil
penalties or fines under Section 3-305.
(Source: P.A. 102-1037, eff. 6-2-22; revised 8-8-22.)
Section 420. The ID/DD Community Care Act is amended by by
setting forth and renumbering multiple versions of Section
3-613 as follows:
(210 ILCS 47/3-613)
Sec. 3-613. Facility employee assistance programs. A
facility shall ensure that nurses employed by the facility are
aware of employee assistance programs or other like programs
available for the physical and mental well-being of the
employee. The facility shall provide information on these
programs, no less than at the time of employment and during any
benefit open enrollment period, by an information form about
the respective programs that a nurse must sign during
onboarding at the facility. The signed information form shall
be added to the nurse's personnel file. The facility may
provide this information to nurses electronically.
(Source: P.A. 102-1007, eff. 1-1-23; revised 12-19-22.)
(210 ILCS 47/3-614)
Sec. 3-614 3-613. Certified nursing assistant interns.
(a) A certified nursing assistant intern shall report to a
facility's charge nurse or nursing supervisor and may only be

SB2437 - 1147 - LRB103 26700 AMC 53063 b
assigned duties authorized in Section 2310-434 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois by a supervising nurse.
(b) A facility shall notify its certified and licensed
staff members, in writing, that a certified nursing assistant
intern may only provide the services and perform the
procedures permitted under Section 2310-434 of the Department
of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois. The notification shall detail
which duties may be delegated to a certified nursing assistant
intern. The facility shall establish a policy describing the
authorized duties, supervision, and evaluation of certified
nursing assistant interns available upon request of the
Department and any surveyor.
(c) If a facility learns that a certified nursing
assistant intern is performing work outside the scope of the
Certified Nursing Assistant Intern Program's training, the
facility shall:
(1) stop the certified nursing assistant intern from
performing the work;
(2) inspect the work and correct mistakes, if the work
performed was done improperly;
(3) assign the work to the appropriate personnel; and
(4) ensure that a thorough assessment of any resident
involved in the work performed is completed by a
registered nurse.

SB2437 - 1148 - LRB103 26700 AMC 53063 b
(d) A facility that employs a certified nursing assistant
intern in violation of this Section shall be subject to civil
penalties or fines under Section 3-305.
(Source: P.A. 102-1037, eff. 6-2-22; revised 8-8-22.)
Section 425. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Section 4-105 as follows:
(210 ILCS 49/4-105)
Sec. 4-105. Provisional licensure duration. A provisional
license shall be valid upon fulfilling the requirements
established by the Department by emergency rule. The license
shall remain valid as long as a facility remains in compliance
with the licensure provisions established in rule. Provisional
licenses issued upon initial licensure as a specialized mental
health rehabilitation facility shall expire at the end of a
3-year period, which commences on the date the provisional
license is issued. Issuance of a provisional license for any
reason other than initial licensure (including, but not
limited to, change of ownership, location, number of beds, or
services) shall not extend the maximum 3-year period, at the
end of which a facility must be licensed pursuant to Section
4-201. Notwithstanding any other provision of this Act or the
Specialized Mental Health Rehabilitation Facilities Code, 77
Ill. Adm. Admin. Code 380, to the contrary, if a facility has
received notice from the Department that its application for

SB2437 - 1149 - LRB103 26700 AMC 53063 b
provisional licensure to provide recovery and rehabilitation
services has been accepted as complete and the facility has
attested in writing to the Department that it will comply with
the staff training plan approved by the Division of Mental
Health, then a provisional license for recovery and
rehabilitation services shall be issued to the facility within
60 days after the Department determines that the facility is
in compliance with the requirements of the Life Safety Code in
accordance with Section 4-104.5 of this Act.
(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17;
revised 2-28-22.)
Section 430. The Illinois Insurance Code is amended by
changing Sections 143a, 229.4a, 356z.14, 364.01, and 513b1 and
by setting forth, renumbering, and changing multiple versions
of Section 356z.53 as follows:
(215 ILCS 5/143a)
(Text of Section before amendment by P.A. 102-982)
Sec. 143a. Uninsured and hit-and-run hit and run motor
vehicle coverage.
(1) No policy insuring against loss resulting from
liability imposed by law for bodily injury or death suffered
by any person arising out of the ownership, maintenance or use
of a motor vehicle that is designed for use on public highways
and that is either required to be registered in this State or

SB2437 - 1150 - LRB103 26700 AMC 53063 b
is principally garaged in this State shall be renewed,
delivered, or issued for delivery in this State unless
coverage is provided therein or supplemental thereto, in
limits for bodily injury or death set forth in Section 7-203 of
the Illinois Vehicle Code for the protection of persons
insured thereunder who are legally entitled to recover damages
from owners or operators of uninsured motor vehicles and
hit-and-run motor vehicles because of bodily injury, sickness
or disease, including death, resulting therefrom. Uninsured
motor vehicle coverage does not apply to bodily injury,
sickness, disease, or death resulting therefrom, of an insured
while occupying a motor vehicle owned by, or furnished or
available for the regular use of the insured, a resident
spouse or resident relative, if that motor vehicle is not
described in the policy under which a claim is made or is not a
newly acquired or replacement motor vehicle covered under the
terms of the policy. The limits for any coverage for any
vehicle under the policy may not be aggregated with the limits
for any similar coverage, whether provided by the same insurer
or another insurer, applying to other motor vehicles, for
purposes of determining the total limit of insurance coverage
available for bodily injury or death suffered by a person in
any one accident. No policy shall be renewed, delivered, or
issued for delivery in this State unless it is provided
therein that any dispute with respect to the coverage and the
amount of damages shall be submitted for arbitration to the

SB2437 - 1151 - LRB103 26700 AMC 53063 b
American Arbitration Association and be subject to its rules
for the conduct of arbitration hearings as to all matters
except medical opinions. As to medical opinions, if the amount
of damages being sought is equal to or less than the amount
provided for in Section 7-203 of the Illinois Vehicle Code,
then the current American Arbitration Association Rules shall
apply. If the amount being sought in an American Arbitration
Association case exceeds that amount as set forth in Section
7-203 of the Illinois Vehicle Code, then the Rules of Evidence
that apply in the circuit court for placing medical opinions
into evidence shall govern. Alternatively, disputes with
respect to damages and the coverage shall be determined in the
following manner: Upon the insured requesting arbitration,
each party to the dispute shall select an arbitrator and the 2
arbitrators so named shall select a third arbitrator. If such
arbitrators are not selected within 45 days from such request,
either party may request that the arbitration be submitted to
the American Arbitration Association. Any decision made by the
arbitrators shall be binding for the amount of damages not
exceeding $75,000 for bodily injury to or death of any one
person, $150,000 for bodily injury to or death of 2 or more
persons in any one motor vehicle accident, or the
corresponding policy limits for bodily injury or death,
whichever is less. All 3-person arbitration cases proceeding
in accordance with any uninsured motorist coverage conducted
in this State in which the claimant is only seeking monetary

SB2437 - 1152 - LRB103 26700 AMC 53063 b
damages up to the limits set forth in Section 7-203 of the
Illinois Vehicle Code shall be subject to the following rules:
(A) If at least 60 days' written notice of the
intention to offer the following documents in evidence is
given to every other party, accompanied by a copy of the
document, a party may offer in evidence, without
foundation or other proof:
(1) bills, records, and reports of hospitals,
doctors, dentists, registered nurses, licensed
practical nurses, physical therapists, and other
healthcare providers;
(2) bills for drugs, medical appliances, and
prostheses;
(3) property repair bills or estimates, when
identified and itemized setting forth the charges for
labor and material used or proposed for use in the
repair of the property;
(4) a report of the rate of earnings and time lost
from work or lost compensation prepared by an
employer;
(5) the written opinion of an opinion witness, the
deposition of a witness, and the statement of a
witness that the witness would be allowed to express
if testifying in person, if the opinion or statement
is made by affidavit or by certification as provided
in Section 1-109 of the Code of Civil Procedure;

SB2437 - 1153 - LRB103 26700 AMC 53063 b
(6) any other document not specifically covered by
any of the foregoing provisions that is otherwise
admissible under the rules of evidence.
Any party receiving a notice under this paragraph (A)
may apply to the arbitrator or panel of arbitrators, as
the case may be, for the issuance of a subpoena directed to
the author or maker or custodian of the document that is
the subject of the notice, requiring the person subpoenaed
to produce copies of any additional documents as may be
related to the subject matter of the document that is the
subject of the notice. Any such subpoena shall be issued
in substantially similar form and served by notice as
provided by Illinois Supreme Court Rule 204(a)(4). Any
such subpoena shall be returnable not less than 5 days
before the arbitration hearing.
(B) Notwithstanding the provisions of Supreme Court
Rule 213(g), a party who proposes to use a written opinion
of an expert or opinion witness or the testimony of an
expert or opinion witness at the hearing may do so
provided a written notice of that intention is given to
every other party not less than 60 days prior to the date
of hearing, accompanied by a statement containing the
identity of the witness, his or her qualifications, the
subject matter, the basis of the witness's conclusions,
and his or her opinion.
(C) Any other party may subpoena the author or maker

SB2437 - 1154 - LRB103 26700 AMC 53063 b
of a document admissible under this subsection, at that
party's expense, and examine the author or maker as if
under cross-examination. The provisions of Section 2-1101
of the Code of Civil Procedure shall be applicable to
arbitration hearings, and it shall be the duty of a party
requesting the subpoena to modify the form to show that
the appearance is set before an arbitration panel and to
give the time and place set for the hearing.
(D) The provisions of Section 2-1102 of the Code of
Civil Procedure shall be applicable to arbitration
hearings under this subsection.
(2) No policy insuring against loss resulting from
liability imposed by law for property damage arising out of
the ownership, maintenance, or use of a motor vehicle shall be
renewed, delivered, or issued for delivery in this State with
respect to any private passenger or recreational motor vehicle
that is designed for use on public highways and that is either
required to be registered in this State or is principally
garaged in this State, unless coverage is made available in
the amount of the actual cash value of the motor vehicle
described in the policy or the corresponding policy limit for
uninsured motor vehicle property damage coverage, whichever is
less, subject to a maximum $250 deductible, for the protection
of persons insured thereunder who are legally entitled to
recover damages from owners or operators of uninsured motor
vehicles and hit-and-run motor vehicles because of property

SB2437 - 1155 - LRB103 26700 AMC 53063 b
damage to the motor vehicle described in the policy.
There shall be no liability imposed under the uninsured
motorist property damage coverage required by this subsection
if the owner or operator of the at-fault uninsured motor
vehicle or hit-and-run motor vehicle cannot be identified.
This subsection shall not apply to any policy which does not
provide primary motor vehicle liability insurance for
liabilities arising from the maintenance, operation, or use of
a specifically insured motor vehicle.
Each insurance company providing motor vehicle property
damage liability insurance shall advise applicants of the
availability of uninsured motor vehicle property damage
coverage, the premium therefor, and provide a brief
description of the coverage. That information need be given
only once and shall not be required in any subsequent renewal,
reinstatement or reissuance, substitute, amended, replacement
or supplementary policy. No written rejection shall be
required, and the absence of a premium payment for uninsured
motor vehicle property damage shall constitute conclusive
proof that the applicant or policyholder has elected not to
accept uninsured motorist property damage coverage.
An insurance company issuing uninsured motor vehicle
property damage coverage may provide that:
(i) Property damage losses recoverable thereunder
shall be limited to damages caused by the actual physical
contact of an uninsured motor vehicle with the insured

SB2437 - 1156 - LRB103 26700 AMC 53063 b
motor vehicle.
(ii) There shall be no coverage for loss of use of the
insured motor vehicle and no coverage for loss or damage
to personal property located in the insured motor vehicle.
(iii) Any claim submitted shall include the name and
address of the owner of the at-fault uninsured motor
vehicle, or a registration number and description of the
vehicle, or any other available information to establish
that there is no applicable motor vehicle property damage
liability insurance.
Any dispute with respect to the coverage and the amount of
damages shall be submitted for arbitration to the American
Arbitration Association and be subject to its rules for the
conduct of arbitration hearings or for determination in the
following manner: Upon the insured requesting arbitration,
each party to the dispute shall select an arbitrator and the 2
arbitrators so named shall select a third arbitrator. If such
arbitrators are not selected within 45 days from such request,
either party may request that the arbitration be submitted to
the American Arbitration Association. Any arbitration
proceeding under this subsection seeking recovery for property
damages shall be subject to the following rules:
(A) If at least 60 days' written notice of the
intention to offer the following documents in evidence is
given to every other party, accompanied by a copy of the
document, a party may offer in evidence, without

SB2437 - 1157 - LRB103 26700 AMC 53063 b
foundation or other proof:
(1) property repair bills or estimates, when
identified and itemized setting forth the charges for
labor and material used or proposed for use in the
repair of the property;
(2) the written opinion of an opinion witness, the
deposition of a witness, and the statement of a
witness that the witness would be allowed to express
if testifying in person, if the opinion or statement
is made by affidavit or by certification as provided
in Section 1-109 of the Code of Civil Procedure;
(3) any other document not specifically covered by
any of the foregoing provisions that is otherwise
admissible under the rules of evidence.
Any party receiving a notice under this paragraph (A)
may apply to the arbitrator or panel of arbitrators, as
the case may be, for the issuance of a subpoena directed to
the author or maker or custodian of the document that is
the subject of the notice, requiring the person subpoenaed
to produce copies of any additional documents as may be
related to the subject matter of the document that is the
subject of the notice. Any such subpoena shall be issued
in substantially similar form and served by notice as
provided by Illinois Supreme Court Rule 204(a)(4). Any
such subpoena shall be returnable not less than 5 days
before the arbitration hearing.

SB2437 - 1158 - LRB103 26700 AMC 53063 b
(B) Notwithstanding the provisions of Supreme Court
Rule 213(g), a party who proposes to use a written opinion
of an expert or opinion witness or the testimony of an
expert or opinion witness at the hearing may do so
provided a written notice of that intention is given to
every other party not less than 60 days prior to the date
of hearing, accompanied by a statement containing the
identity of the witness, his or her qualifications, the
subject matter, the basis of the witness's conclusions,
and his or her opinion.
(C) Any other party may subpoena the author or maker
of a document admissible under this subsection, at that
party's expense, and examine the author or maker as if
under cross-examination. The provisions of Section 2-1101
of the Code of Civil Procedure shall be applicable to
arbitration hearings, and it shall be the duty of a party
requesting the subpoena to modify the form to show that
the appearance is set before an arbitration panel and to
give the time and place set for the hearing.
(D) The provisions of Section 2-1102 of the Code of
Civil Procedure shall be applicable to arbitration
hearings under this subsection.
(3) For the purpose of the coverage, the term "uninsured
motor vehicle" includes, subject to the terms and conditions
of the coverage, a motor vehicle where on, before, or after the
accident date the liability insurer thereof is unable to make

SB2437 - 1159 - LRB103 26700 AMC 53063 b
payment with respect to the legal liability of its insured
within the limits specified in the policy because of the entry
by a court of competent jurisdiction of an order of
rehabilitation or liquidation by reason of insolvency on or
after the accident date. An insurer's extension of coverage,
as provided in this subsection, shall be applicable to all
accidents occurring after July 1, 1967 during a policy period
in which its insured's uninsured motor vehicle coverage is in
effect. Nothing in this Section may be construed to prevent
any insurer from extending coverage under terms and conditions
more favorable to its insureds than is required by this
Section.
(4) In the event of payment to any person under the
coverage required by this Section and subject to the terms and
conditions of the coverage, the insurer making the payment
shall, to the extent thereof, be entitled to the proceeds of
any settlement or judgment resulting from the exercise of any
rights of recovery of the person against any person or
organization legally responsible for the property damage,
bodily injury or death for which the payment is made,
including the proceeds recoverable from the assets of the
insolvent insurer. With respect to payments made by reason of
the coverage described in subsection (3), the insurer making
such payment shall not be entitled to any right of recovery
against the tortfeasor in excess of the proceeds recovered
from the assets of the insolvent insurer of the tortfeasor.

SB2437 - 1160 - LRB103 26700 AMC 53063 b
(5) This amendatory Act of 1967 (Laws of Illinois 1967,
page 875) shall not be construed to terminate or reduce any
insurance coverage or any right of any party under this Code in
effect before July 1, 1967. Public Act 86-1155 shall not be
construed to terminate or reduce any insurance coverage or any
right of any party under this Code in effect before its
effective date.
(6) Failure of the motorist from whom the claimant is
legally entitled to recover damages to file the appropriate
forms with the Safety Responsibility Section of the Department
of Transportation within 120 days of the accident date shall
create a rebuttable presumption that the motorist was
uninsured at the time of the injurious occurrence.
(7) An insurance carrier may upon good cause require the
insured to commence a legal action against the owner or
operator of an uninsured motor vehicle before good faith
negotiation with the carrier. If the action is commenced at
the request of the insurance carrier, the carrier shall pay to
the insured, before the action is commenced, all court costs,
jury fees and sheriff's fees arising from the action.
The changes made by Public Act 90-451 apply to all
policies of insurance amended, delivered, issued, or renewed
on and after January 1, 1998 (the effective date of Public Act
90-451).
(8) The changes made by Public Act 98-927 apply to all
policies of insurance amended, delivered, issued, or renewed

SB2437 - 1161 - LRB103 26700 AMC 53063 b
on and after January 1, 2015 (the effective date of Public Act
98-927).
(Source: P.A. 102-775, eff. 5-13-22; revised 8-3-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 143a. Uninsured and hit-and-run hit and run motor
vehicle coverage.
(1) No policy insuring against loss resulting from
liability imposed by law for bodily injury or death suffered
by any person arising out of the ownership, maintenance or use
of a motor vehicle that is designed for use on public highways
and that is either required to be registered in this State or
is principally garaged in this State shall be renewed,
delivered, or issued for delivery in this State unless
coverage is provided therein or supplemental thereto, in
limits for bodily injury or death set forth in Section 7-203 of
the Illinois Vehicle Code for the protection of persons
insured thereunder who are legally entitled to recover damages
from owners or operators of uninsured motor vehicles and
hit-and-run motor vehicles because of bodily injury, sickness
or disease, including death, resulting therefrom. Uninsured
motor vehicle coverage does not apply to bodily injury,
sickness, disease, or death resulting therefrom, of an insured
while occupying a motor vehicle owned by, or furnished or
available for the regular use of the insured, a resident
spouse or resident relative, if that motor vehicle is not

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described in the policy under which a claim is made or is not a
newly acquired or replacement motor vehicle covered under the
terms of the policy. The limits for any coverage for any
vehicle under the policy may not be aggregated with the limits
for any similar coverage, whether provided by the same insurer
or another insurer, applying to other motor vehicles, for
purposes of determining the total limit of insurance coverage
available for bodily injury or death suffered by a person in
any one crash. No policy shall be renewed, delivered, or
issued for delivery in this State unless it is provided
therein that any dispute with respect to the coverage and the
amount of damages shall be submitted for arbitration to the
American Arbitration Association and be subject to its rules
for the conduct of arbitration hearings as to all matters
except medical opinions. As to medical opinions, if the amount
of damages being sought is equal to or less than the amount
provided for in Section 7-203 of the Illinois Vehicle Code,
then the current American Arbitration Association Rules shall
apply. If the amount being sought in an American Arbitration
Association case exceeds that amount as set forth in Section
7-203 of the Illinois Vehicle Code, then the Rules of Evidence
that apply in the circuit court for placing medical opinions
into evidence shall govern. Alternatively, disputes with
respect to damages and the coverage shall be determined in the
following manner: Upon the insured requesting arbitration,
each party to the dispute shall select an arbitrator and the 2

SB2437 - 1163 - LRB103 26700 AMC 53063 b
arbitrators so named shall select a third arbitrator. If such
arbitrators are not selected within 45 days from such request,
either party may request that the arbitration be submitted to
the American Arbitration Association. Any decision made by the
arbitrators shall be binding for the amount of damages not
exceeding $75,000 for bodily injury to or death of any one
person, $150,000 for bodily injury to or death of 2 or more
persons in any one motor vehicle crash, or the corresponding
policy limits for bodily injury or death, whichever is less.
All 3-person arbitration cases proceeding in accordance with
any uninsured motorist coverage conducted in this State in
which the claimant is only seeking monetary damages up to the
limits set forth in Section 7-203 of the Illinois Vehicle Code
shall be subject to the following rules:
(A) If at least 60 days' written notice of the
intention to offer the following documents in evidence is
given to every other party, accompanied by a copy of the
document, a party may offer in evidence, without
foundation or other proof:
(1) bills, records, and reports of hospitals,
doctors, dentists, registered nurses, licensed
practical nurses, physical therapists, and other
healthcare providers;
(2) bills for drugs, medical appliances, and
prostheses;
(3) property repair bills or estimates, when

SB2437 - 1164 - LRB103 26700 AMC 53063 b
identified and itemized setting forth the charges for
labor and material used or proposed for use in the
repair of the property;
(4) a report of the rate of earnings and time lost
from work or lost compensation prepared by an
employer;
(5) the written opinion of an opinion witness, the
deposition of a witness, and the statement of a
witness that the witness would be allowed to express
if testifying in person, if the opinion or statement
is made by affidavit or by certification as provided
in Section 1-109 of the Code of Civil Procedure;
(6) any other document not specifically covered by
any of the foregoing provisions that is otherwise
admissible under the rules of evidence.
Any party receiving a notice under this paragraph (A)
may apply to the arbitrator or panel of arbitrators, as
the case may be, for the issuance of a subpoena directed to
the author or maker or custodian of the document that is
the subject of the notice, requiring the person subpoenaed
to produce copies of any additional documents as may be
related to the subject matter of the document that is the
subject of the notice. Any such subpoena shall be issued
in substantially similar form and served by notice as
provided by Illinois Supreme Court Rule 204(a)(4). Any
such subpoena shall be returnable not less than 5 days

SB2437 - 1165 - LRB103 26700 AMC 53063 b
before the arbitration hearing.
(B) Notwithstanding the provisions of Supreme Court
Rule 213(g), a party who proposes to use a written opinion
of an expert or opinion witness or the testimony of an
expert or opinion witness at the hearing may do so
provided a written notice of that intention is given to
every other party not less than 60 days prior to the date
of hearing, accompanied by a statement containing the
identity of the witness, his or her qualifications, the
subject matter, the basis of the witness's conclusions,
and his or her opinion.
(C) Any other party may subpoena the author or maker
of a document admissible under this subsection, at that
party's expense, and examine the author or maker as if
under cross-examination. The provisions of Section 2-1101
of the Code of Civil Procedure shall be applicable to
arbitration hearings, and it shall be the duty of a party
requesting the subpoena to modify the form to show that
the appearance is set before an arbitration panel and to
give the time and place set for the hearing.
(D) The provisions of Section 2-1102 of the Code of
Civil Procedure shall be applicable to arbitration
hearings under this subsection.
(2) No policy insuring against loss resulting from
liability imposed by law for property damage arising out of
the ownership, maintenance, or use of a motor vehicle shall be

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renewed, delivered, or issued for delivery in this State with
respect to any private passenger or recreational motor vehicle
that is designed for use on public highways and that is either
required to be registered in this State or is principally
garaged in this State, unless coverage is made available in
the amount of the actual cash value of the motor vehicle
described in the policy or the corresponding policy limit for
uninsured motor vehicle property damage coverage, whichever is
less, subject to a maximum $250 deductible, for the protection
of persons insured thereunder who are legally entitled to
recover damages from owners or operators of uninsured motor
vehicles and hit-and-run motor vehicles because of property
damage to the motor vehicle described in the policy.
There shall be no liability imposed under the uninsured
motorist property damage coverage required by this subsection
if the owner or operator of the at-fault uninsured motor
vehicle or hit-and-run motor vehicle cannot be identified.
This subsection shall not apply to any policy which does not
provide primary motor vehicle liability insurance for
liabilities arising from the maintenance, operation, or use of
a specifically insured motor vehicle.
Each insurance company providing motor vehicle property
damage liability insurance shall advise applicants of the
availability of uninsured motor vehicle property damage
coverage, the premium therefor, and provide a brief
description of the coverage. That information need be given

SB2437 - 1167 - LRB103 26700 AMC 53063 b
only once and shall not be required in any subsequent renewal,
reinstatement or reissuance, substitute, amended, replacement
or supplementary policy. No written rejection shall be
required, and the absence of a premium payment for uninsured
motor vehicle property damage shall constitute conclusive
proof that the applicant or policyholder has elected not to
accept uninsured motorist property damage coverage.
An insurance company issuing uninsured motor vehicle
property damage coverage may provide that:
(i) Property damage losses recoverable thereunder
shall be limited to damages caused by the actual physical
contact of an uninsured motor vehicle with the insured
motor vehicle.
(ii) There shall be no coverage for loss of use of the
insured motor vehicle and no coverage for loss or damage
to personal property located in the insured motor vehicle.
(iii) Any claim submitted shall include the name and
address of the owner of the at-fault uninsured motor
vehicle, or a registration number and description of the
vehicle, or any other available information to establish
that there is no applicable motor vehicle property damage
liability insurance.
Any dispute with respect to the coverage and the amount of
damages shall be submitted for arbitration to the American
Arbitration Association and be subject to its rules for the
conduct of arbitration hearings or for determination in the

SB2437 - 1168 - LRB103 26700 AMC 53063 b
following manner: Upon the insured requesting arbitration,
each party to the dispute shall select an arbitrator and the 2
arbitrators so named shall select a third arbitrator. If such
arbitrators are not selected within 45 days from such request,
either party may request that the arbitration be submitted to
the American Arbitration Association. Any arbitration
proceeding under this subsection seeking recovery for property
damages shall be subject to the following rules:
(A) If at least 60 days' written notice of the
intention to offer the following documents in evidence is
given to every other party, accompanied by a copy of the
document, a party may offer in evidence, without
foundation or other proof:
(1) property repair bills or estimates, when
identified and itemized setting forth the charges for
labor and material used or proposed for use in the
repair of the property;
(2) the written opinion of an opinion witness, the
deposition of a witness, and the statement of a
witness that the witness would be allowed to express
if testifying in person, if the opinion or statement
is made by affidavit or by certification as provided
in Section 1-109 of the Code of Civil Procedure;
(3) any other document not specifically covered by
any of the foregoing provisions that is otherwise
admissible under the rules of evidence.

SB2437 - 1169 - LRB103 26700 AMC 53063 b
Any party receiving a notice under this paragraph (A)
may apply to the arbitrator or panel of arbitrators, as
the case may be, for the issuance of a subpoena directed to
the author or maker or custodian of the document that is
the subject of the notice, requiring the person subpoenaed
to produce copies of any additional documents as may be
related to the subject matter of the document that is the
subject of the notice. Any such subpoena shall be issued
in substantially similar form and served by notice as
provided by Illinois Supreme Court Rule 204(a)(4). Any
such subpoena shall be returnable not less than 5 days
before the arbitration hearing.
(B) Notwithstanding the provisions of Supreme Court
Rule 213(g), a party who proposes to use a written opinion
of an expert or opinion witness or the testimony of an
expert or opinion witness at the hearing may do so
provided a written notice of that intention is given to
every other party not less than 60 days prior to the date
of hearing, accompanied by a statement containing the
identity of the witness, his or her qualifications, the
subject matter, the basis of the witness's conclusions,
and his or her opinion.
(C) Any other party may subpoena the author or maker
of a document admissible under this subsection, at that
party's expense, and examine the author or maker as if
under cross-examination. The provisions of Section 2-1101

SB2437 - 1170 - LRB103 26700 AMC 53063 b
of the Code of Civil Procedure shall be applicable to
arbitration hearings, and it shall be the duty of a party
requesting the subpoena to modify the form to show that
the appearance is set before an arbitration panel and to
give the time and place set for the hearing.
(D) The provisions of Section 2-1102 of the Code of
Civil Procedure shall be applicable to arbitration
hearings under this subsection.
(3) For the purpose of the coverage, the term "uninsured
motor vehicle" includes, subject to the terms and conditions
of the coverage, a motor vehicle where on, before, or after the
date of the crash the liability insurer thereof is unable to
make payment with respect to the legal liability of its
insured within the limits specified in the policy because of
the entry by a court of competent jurisdiction of an order of
rehabilitation or liquidation by reason of insolvency on or
after the date of the crash. An insurer's extension of
coverage, as provided in this subsection, shall be applicable
to all crashes occurring after July 1, 1967 during a policy
period in which its insured's uninsured motor vehicle coverage
is in effect. Nothing in this Section may be construed to
prevent any insurer from extending coverage under terms and
conditions more favorable to its insureds than is required by
this Section.
(4) In the event of payment to any person under the
coverage required by this Section and subject to the terms and

SB2437 - 1171 - LRB103 26700 AMC 53063 b
conditions of the coverage, the insurer making the payment
shall, to the extent thereof, be entitled to the proceeds of
any settlement or judgment resulting from the exercise of any
rights of recovery of the person against any person or
organization legally responsible for the property damage,
bodily injury or death for which the payment is made,
including the proceeds recoverable from the assets of the
insolvent insurer. With respect to payments made by reason of
the coverage described in subsection (3), the insurer making
such payment shall not be entitled to any right of recovery
against the tortfeasor in excess of the proceeds recovered
from the assets of the insolvent insurer of the tortfeasor.
(5) This amendatory Act of 1967 (Laws of Illinois 1967,
page 875) shall not be construed to terminate or reduce any
insurance coverage or any right of any party under this Code in
effect before July 1, 1967. Public Act 86-1155 shall not be
construed to terminate or reduce any insurance coverage or any
right of any party under this Code in effect before its
effective date.
(6) Failure of the motorist from whom the claimant is
legally entitled to recover damages to file the appropriate
forms with the Safety Responsibility Section of the Department
of Transportation within 120 days of the date of the crash
shall create a rebuttable presumption that the motorist was
uninsured at the time of the injurious occurrence.
(7) An insurance carrier may upon good cause require the

SB2437 - 1172 - LRB103 26700 AMC 53063 b
insured to commence a legal action against the owner or
operator of an uninsured motor vehicle before good faith
negotiation with the carrier. If the action is commenced at
the request of the insurance carrier, the carrier shall pay to
the insured, before the action is commenced, all court costs,
jury fees and sheriff's fees arising from the action.
The changes made by Public Act 90-451 apply to all
policies of insurance amended, delivered, issued, or renewed
on and after January 1, 1998 (the effective date of Public Act
90-451).
(8) The changes made by Public Act 98-927 apply to all
policies of insurance amended, delivered, issued, or renewed
on and after January 1, 2015 (the effective date of Public Act
98-927).
(Source: P.A. 102-775, eff. 5-13-22; 102-982, eff. 7-1-23;
revised 8-3-22.)
(215 ILCS 5/229.4a)
Sec. 229.4a. Standard Nonforfeiture Non-forfeiture Law for
Individual Deferred Annuities.
(1) Title. This Section shall be known as the Standard
Nonforfeiture Law for Individual Deferred Annuities.
(2) Applicability. This Section shall not apply to any
reinsurance, group annuity purchased under a retirement plan
or plan of deferred compensation established or maintained by
an employer (including a partnership or sole proprietorship)

SB2437 - 1173 - LRB103 26700 AMC 53063 b
or by an employee organization, or by both, other than a plan
providing individual retirement accounts or individual
retirement annuities under Section 408 of the Internal Revenue
Code, as now or hereafter amended, premium deposit fund,
variable annuity, investment annuity, immediate annuity, any
deferred annuity contract after annuity payments have
commenced, or reversionary annuity, nor to any contract which
shall be delivered outside this State through an agent or
other representative of the company issuing the contract.
(3) Nonforfeiture Requirements.
(A) In the case of contracts issued on or after the
operative date of this Section as defined in subsection
(13), no contract of annuity, except as stated in
subsection (2), shall be delivered or issued for delivery
in this State unless it contains in substance the
following provisions, or corresponding provisions which in
the opinion of the Director of Insurance are at least as
favorable to the contract holder, upon cessation of
payment of considerations under the contract:
(i) That upon cessation of payment of
considerations under a contract, or upon the written
request of the contract owner, the company shall grant
a paid-up annuity benefit on a plan stipulated in the
contract of such value as is specified in subsections
(5), (6), (7), (8), and (10);
(ii) If a contract provides for a lump sum

SB2437 - 1174 - LRB103 26700 AMC 53063 b
settlement at maturity, or at any other time, that
upon surrender of the contract at or prior to the
commencement of any annuity payments, the company
shall pay in lieu of a paid-up annuity benefit a cash
surrender benefit of such amount as is specified in
subsections (5), (6), (8), and (10). The company may
reserve the right to defer the payment of the cash
surrender benefit for a period not to exceed 6 months
after demand therefor with surrender of the contract
after making written request and receiving written
approval of the Director. The request shall address
the necessity and equitability to all policyholders of
the deferral;
(iii) A statement of the mortality table, if any,
and interest rates used calculating any minimum
paid-up annuity, cash surrender, or death benefits
that are guaranteed under the contract, together with
sufficient information to determine the amounts of the
benefits; and
(iv) A statement that any paid-up annuity, cash
surrender, or death benefits that may be available
under the contract are not less than the minimum
benefits required by any statute of the state in which
the contract is delivered and an explanation of the
manner in which the benefits are altered by the
existence of any additional amounts credited by the

SB2437 - 1175 - LRB103 26700 AMC 53063 b
company to the contract, any indebtedness to the
company on the contract, or any prior withdrawals from
or partial surrenders of the contract.
(B) Notwithstanding the requirements of this Section,
a deferred annuity contract may provide that if no
considerations have been received under a contract for a
period of 2 full years and the portion of the paid-up
annuity benefit at maturity on the plan stipulated in the
contract arising from prior considerations paid would be
less than $20 monthly, the company may at its option
terminate the contract by payment in cash of the then
present value of the portion of the paid-up annuity
benefit, calculated on the basis on the mortality table,
if any, and interest rate specified in the contract for
determining the paid-up annuity benefit, and by this
payment shall be relieved of any further obligation under
the contract.
(4) Minimum values. The minimum values as specified in
subsections (5), (6), (7), (8), and (10) of any paid-up
annuity, cash surrender, or death benefits available under an
annuity contract shall be based upon minimum nonforfeiture
amounts as defined in this subsection.
(A)(i) The minimum nonforfeiture amount at any time at
or prior to the commencement of any annuity payments shall
be equal to an accumulation up to such time at rates of
interest as indicated in subdivision (4)(B) of the net

SB2437 - 1176 - LRB103 26700 AMC 53063 b
considerations (as hereinafter defined) paid prior to such
time, decreased by the sum of paragraphs (a) through (d)
below:
(a) Any prior withdrawals from or partial
surrenders of the contract accumulated at rates of
interest as indicated in subdivision (4)(B);
(b) An annual contract charge of $50, accumulated
at rates of interest as indicated in subdivision
(4)(B);
(c) Any premium tax paid by the company for the
contract, accumulated at rates of interest as
indicated in subdivision (4)(B); and
(d) The amount of any indebtedness to the company
on the contract, including interest due and accrued.
(ii) The net considerations for a given contract year
used to define the minimum nonforfeiture amount shall be
an amount equal to 87.5% of the gross considerations,
credited to the contract during that contract year.
(B) The interest rate used in determining minimum
nonforfeiture amounts shall be an annual rate of interest
determined as the lesser of 3% per annum and the
following, which shall be specified in the contract if the
interest rate will be reset:
(i) The 5-year five-year Constant Maturity
Treasury Rate reported by the Federal Reserve as of a
date, or average over a period, rounded to the nearest

SB2437 - 1177 - LRB103 26700 AMC 53063 b
1/20th of one percent, specified in the contract no
longer than 15 months prior to the contract issue date
or redetermination date under subdivision (4)(B)(iv);
(ii) Reduced by 125 basis points;
(iii) Where the resulting interest rate is not
less than 0.15%; and
(iv) The interest rate shall apply for an initial
period and may be redetermined for additional periods.
The redetermination date, basis, and period, if any,
shall be stated in the contract. The basis is the date
or average over a specified period that produces the
value of the 5-year Constant Maturity Treasury Rate to
be used at each redetermination date.
(C) During the period or term that a contract provides
substantive participation in an equity indexed benefit, it
may increase the reduction described in subdivision
(4)(B)(ii) above by up to an additional 100 basis points
to reflect the value of the equity index benefit. The
present value at the contract issue date, and at each
redetermination date thereafter, of the additional
reduction shall not exceed market value of the benefit.
The Director may require a demonstration that the present
value of the additional reduction does not exceed the
market value of the benefit. Lacking such a demonstration
that is acceptable to the Director, the Director may
disallow or limit the additional reduction.

SB2437 - 1178 - LRB103 26700 AMC 53063 b
(D) The Director may adopt rules to implement the
provisions of subdivision (4)(C) and to provide for
further adjustments to the calculation of minimum
nonforfeiture amounts for contracts that provide
substantive participation in an equity index benefit and
for other contracts that the Director determines
adjustments are justified.
(5) Computation of Present Value. Any paid-up annuity
benefit available under a contract shall be such that its
present value on the date annuity payments are to commence is
at least equal to the minimum nonforfeiture amount on that
date. Present value shall be computed using the mortality
table, if any, and the interest rates specified in the
contract for determining the minimum paid-up annuity benefits
guaranteed in the contract.
(6) Calculation of Cash Surrender Value. For contracts
that provide cash surrender benefits, the cash surrender
benefits available prior to maturity shall not be less than
the present value as of the date of surrender of that portion
of the maturity value of the paid-up annuity benefit that
would be provided under the contract at maturity arising from
considerations paid prior to the time of cash surrender
reduced by the amount appropriate to reflect any prior
withdrawals from or partial surrenders of the contract, such
present value being calculated on the basis of an interest
rate not more than 1% higher than the interest rate specified

SB2437 - 1179 - LRB103 26700 AMC 53063 b
in the contract for accumulating the net considerations to
determine maturity value, decreased by the amount of any
indebtedness to the company on the contract, including
interest due and accrued, and increased by any existing
additional amounts credited by the company to the contract. In
no event shall any cash surrender benefit be less than the
minimum nonforfeiture amount at that time. The death benefit
under such contracts shall be at least equal to the cash
surrender benefit.
(7) Calculation of Paid-up Annuity Benefits. For contracts
that do not provide cash surrender benefits, the present value
of any paid-up annuity benefit available as a nonforfeiture
option at any time prior to maturity shall not be less than the
present value of that portion of the maturity value of the
paid-up annuity benefit provided under the contract arising
from considerations paid prior to the time the contract is
surrendered in exchange for, or changed to, a deferred paid-up
annuity, such present value being calculated for the period
prior to the maturity date on the basis of the interest rate
specified in the contract for accumulating the net
considerations to determine maturity value, and increased by
any additional amounts credited by the company to the
contract. For contracts that do not provide any death benefits
prior to the commencement of any annuity payments, present
values shall be calculated on the basis of such interest rate
and the mortality table specified in the contract for

SB2437 - 1180 - LRB103 26700 AMC 53063 b
determining the maturity value of the paid-up annuity benefit.
However, in no event shall the present value of a paid-up
annuity benefit be less than the minimum nonforfeiture amount
at that time.
(8) Maturity Date. For the purpose of determining the
benefits calculated under subsections (6) and (7), in the case
of annuity contracts under which an election may be made to
have annuity payments commence at optional maturity dates, the
maturity date shall be deemed to be the latest date for which
election shall be permitted by the contract, but shall not be
deemed to be later than the anniversary of the contract next
following the annuitant's seventieth birthday or the tenth
anniversary of the contract, whichever is later.
(9) Disclosure of Limited Death Benefits. A contract that
does not provide cash surrender benefits or does not provide
death benefits at least equal to the minimum nonforfeiture
amount prior to the commencement of any annuity payments shall
include a statement in a prominent place in the contract that
such benefits are not provided.
(10) Inclusion of Lapse of Time Considerations. Any
paid-up annuity, cash surrender, or death benefits available
at any time, other than on the contract anniversary under any
contract with fixed scheduled considerations, shall be
calculated with allowance for the lapse of time and the
payment of any scheduled considerations beyond the beginning
of the contract year in which cessation of payment of

SB2437 - 1181 - LRB103 26700 AMC 53063 b
considerations under the contract occurs.
(11) Proration of Values; Additional Benefits. For a
contract which provides, within the same contract by rider or
supplemental contract provision, both annuity benefits and
life insurance benefits that are in excess of the greater of
cash surrender benefits or a return of the gross
considerations with interest, the minimum nonforfeiture
benefits shall be equal to the sum of the minimum
nonforfeiture benefits for the annuity portion and the minimum
nonforfeiture benefits, if any, for the life insurance portion
computed as if each portion were a separate contract.
Notwithstanding the provisions of subsections (5), (6), (7),
(8), and (10), additional benefits payable in the event of
total and permanent disability, as reversionary annuity or
deferred reversionary annuity benefits, or as other policy
benefits additional to life insurance, endowment, and annuity
benefits, and considerations for all such additional benefits,
shall be disregarded in ascertaining the minimum nonforfeiture
amounts, paid-up annuity, cash surrender, and death benefits
that may be required under this Section. The inclusion of such
benefits shall not be required in any paid-up benefits, unless
the additional benefits separately would require minimum
nonforfeiture amounts, paid-up annuity, cash surrender, and
death benefits.
(12) Rules. The Director may adopt rules to implement the
provisions of this Section.

SB2437 - 1182 - LRB103 26700 AMC 53063 b
(13) Effective Date. After August 6, 2004 (the effective
date of Public Act 93-873) this amendatory Act of the 93rd
General Assembly, a company may elect to apply its provisions
to annuity contracts on a contract form-by-contract form basis
before July 1, 2006. In all other instances, this Section
shall become operative with respect to annuity contracts
issued by the company on or after July 1, 2006.
(14) (Blank).
(Source: P.A. 102-775, eff. 5-13-22; revised 8-19-22.)
(215 ILCS 5/356z.14)
Sec. 356z.14. Autism spectrum disorders.
(a) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed after December 12, 2008 (the effective date of Public
Act 95-1005) this amendatory Act of the 95th General Assembly
must provide individuals under 21 years of age coverage for
the diagnosis of autism spectrum disorders and for the
treatment of autism spectrum disorders to the extent that the
diagnosis and treatment of autism spectrum disorders are not
already covered by the policy of accident and health insurance
or managed care plan.
(b) Coverage provided under this Section shall be subject
to a maximum benefit of $36,000 per year, but shall not be
subject to any limits on the number of visits to a service
provider. After December 30, 2009, the Director of the

SB2437 - 1183 - LRB103 26700 AMC 53063 b
Division of Insurance shall, on an annual basis, adjust the
maximum benefit for inflation using the Medical Care Component
of the United States Department of Labor Consumer Price Index
for All Urban Consumers. Payments made by an insurer on behalf
of a covered individual for any care, treatment, intervention,
service, or item, the provision of which was for the treatment
of a health condition not diagnosed as an autism spectrum
disorder, shall not be applied toward any maximum benefit
established under this subsection.
(c) Coverage under this Section shall be subject to
copayment, deductible, and coinsurance provisions of a policy
of accident and health insurance or managed care plan to the
extent that other medical services covered by the policy of
accident and health insurance or managed care plan are subject
to these provisions.
(d) This Section shall not be construed as limiting
benefits that are otherwise available to an individual under a
policy of accident and health insurance or managed care plan
and benefits provided under this Section may not be subject to
dollar limits, deductibles, copayments, or coinsurance
provisions that are less favorable to the insured than the
dollar limits, deductibles, or coinsurance provisions that
apply to physical illness generally.
(e) An insurer may not deny or refuse to provide otherwise
covered services, or refuse to renew, refuse to reissue, or
otherwise terminate or restrict coverage under an individual

SB2437 - 1184 - LRB103 26700 AMC 53063 b
contract to provide services to an individual because the
individual or their dependent is diagnosed with an autism
spectrum disorder or due to the individual utilizing benefits
in this Section.
(e-5) An insurer may not deny or refuse to provide
otherwise covered services under a group or individual policy
of accident and health insurance or a managed care plan solely
because of the location wherein the clinically appropriate
services are provided.
(f) Upon request of the reimbursing insurer, a provider of
treatment for autism spectrum disorders shall furnish medical
records, clinical notes, or other necessary data that
substantiate that initial or continued medical treatment is
medically necessary and is resulting in improved clinical
status. When treatment is anticipated to require continued
services to achieve demonstrable progress, the insurer may
request a treatment plan consisting of diagnosis, proposed
treatment by type, frequency, anticipated duration of
treatment, the anticipated outcomes stated as goals, and the
frequency by which the treatment plan will be updated.
(g) When making a determination of medical necessity for a
treatment modality for autism spectrum disorders, an insurer
must make the determination in a manner that is consistent
with the manner used to make that determination with respect
to other diseases or illnesses covered under the policy,
including an appeals process. During the appeals process, any

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challenge to medical necessity must be viewed as reasonable
only if the review includes a physician with expertise in the
most current and effective treatment modalities for autism
spectrum disorders.
(h) Coverage for medically necessary early intervention
services must be delivered by certified early intervention
specialists, as defined in 89 Ill. Adm. Admin. Code 500 and any
subsequent amendments thereto.
(h-5) If an individual has been diagnosed as having an
autism spectrum disorder, meeting the diagnostic criteria in
place at the time of diagnosis, and treatment is determined
medically necessary, then that individual shall remain
eligible for coverage under this Section even if subsequent
changes to the diagnostic criteria are adopted by the American
Psychiatric Association. If no changes to the diagnostic
criteria are adopted after April 1, 2012, and before December
31, 2014, then this subsection (h-5) shall be of no further
force and effect.
(h-10) An insurer may not deny or refuse to provide
covered services, or refuse to renew, refuse to reissue, or
otherwise terminate or restrict coverage under an individual
contract, for a person diagnosed with an autism spectrum
disorder on the basis that the individual declined an
alternative medication or covered service when the
individual's health care provider has determined that such
medication or covered service may exacerbate clinical

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symptomatology and is medically contraindicated for the
individual and the individual has requested and received a
medical exception as provided for under Section 45.1 of the
Managed Care Reform and Patient Rights Act. For the purposes
of this subsection (h-10), "clinical symptomatology" means any
indication of disorder or disease when experienced by an
individual as a change from normal function, sensation, or
appearance.
(h-15) If, at any time, the 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 outlined in subsection (h-10), then subsection
(h-10) is inoperative with respect to all coverage outlined in
subsection (h-10) other than that 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 the coverage
set forth in subsection (h-10).
(i) As used in this Section:
"Autism spectrum disorders" means pervasive developmental
disorders as defined in the most recent edition of the

SB2437 - 1187 - LRB103 26700 AMC 53063 b
Diagnostic and Statistical Manual of Mental Disorders,
including autism, Asperger's disorder, and pervasive
developmental disorder not otherwise specified.
"Diagnosis of autism spectrum disorders" means one or more
tests, evaluations, or assessments to diagnose whether an
individual has autism spectrum disorder that is prescribed,
performed, or ordered by (A) a physician licensed to practice
medicine in all its branches or (B) a licensed clinical
psychologist with expertise in diagnosing autism spectrum
disorders.
"Medically necessary" means any care, treatment,
intervention, service or item which will or is reasonably
expected to do any of the following: (i) prevent the onset of
an illness, condition, injury, disease, or disability; (ii)
reduce or ameliorate the physical, mental or developmental
effects of an illness, condition, injury, disease, or
disability; or (iii) assist to achieve or maintain maximum
functional activity in performing daily activities.
"Treatment for autism spectrum disorders" shall include
the following care prescribed, provided, or ordered for an
individual diagnosed with an autism spectrum disorder by (A) a
physician licensed to practice medicine in all its branches or
(B) a certified, registered, or licensed health care
professional with expertise in treating effects of autism
spectrum disorders when the care is determined to be medically
necessary and ordered by a physician licensed to practice

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medicine in all its branches:
(1) Psychiatric care, meaning direct, consultative, or
diagnostic services provided by a licensed psychiatrist.
(2) Psychological care, meaning direct or consultative
services provided by a licensed psychologist.
(3) Habilitative or rehabilitative care, meaning
professional, counseling, and guidance services and
treatment programs, including applied behavior analysis,
that are intended to develop, maintain, and restore the
functioning of an individual. As used in this subsection
(i), "applied behavior analysis" means the design,
implementation, and evaluation of environmental
modifications using behavioral stimuli and consequences to
produce socially significant improvement in human
behavior, including the use of direct observation,
measurement, and functional analysis of the relations
between environment and behavior.
(4) Therapeutic care, including behavioral, speech,
occupational, and physical therapies that provide
treatment in the following areas: (i) self care and
feeding, (ii) pragmatic, receptive, and expressive
language, (iii) cognitive functioning, (iv) applied
behavior analysis, intervention, and modification, (v)
motor planning, and (vi) sensory processing.
(j) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the

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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. 102-322, eff. 1-1-22; revised 2-28-22.)
(215 ILCS 5/356z.53)
Sec. 356z.53. Coverage for home health services. 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, 2024 shall provide coverage for
access to home health services for the duration of medically
necessary care.
(Source: P.A. 102-816, eff. 1-1-23; revised 12-29-22.)
(215 ILCS 5/356z.54)
Sec. 356z.54 356z.53. Coverage for breast reduction
surgery. 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, 2024 shall provide
coverage for medically necessary breast reduction surgery.
(Source: P.A. 102-731, eff. 1-1-23; revised 12-29-22.)
(215 ILCS 5/356z.55)
(This Section may contain text from a Public Act with a

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delayed effective date)
Sec. 356z.55 356z.53. Coverage for cleft lip and cleft
palate.
(a) As used in this Section, "medically necessary care and
treatment" to address congenital anomalies associated with a
cleft lip or palate, or both, includes:
(1) oral and facial surgery, including reconstructive
services and procedures necessary to improve and restore
and maintain vital functions;
(2) prosthetic treatment such as obturators
obdurators, speech appliances, and feeding appliances;
(3) orthodontic treatment and management;
(4) prosthodontic treatment and management; and
(5) otolaryngology treatment and management.
"Medically necessary care and treatment" does not include
cosmetic surgery performed to reshape normal structures of the
lip, jaw, palate, or other facial structures to improve
appearance.
(b) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed on or after
January 1, 2024 (the effective date of Public Act 102-768)
this amendatory Act of the 102nd General Assembly shall
provide coverage for the medically necessary care and
treatment of cleft lip and palate for children under the age of
19. Coverage for cleft lip and palate care and treatment may
impose the same deductible, coinsurance, or other cost-sharing

SB2437 - 1191 - LRB103 26700 AMC 53063 b
limitation that is imposed on other related surgical benefits
under the policy.
(c) This Section does not apply to a policy that covers
only dental care.
(Source: P.A. 102-768, eff. 1-1-24; revised 7-25-22.)
(215 ILCS 5/356z.56)
Sec. 356z.56 356z.53. Coverage for hormone therapy to
treat menopause. 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, 2024
shall provide coverage for medically necessary hormone therapy
treatment to treat menopause that has been induced by a
hysterectomy.
(Source: P.A. 102-804, eff. 1-1-23; revised 12-29-22.)
(215 ILCS 5/356z.57)
Sec. 356z.57 356z.53. Pediatric palliative care.
(a) A group or individual policy of accident and health
insurance or a managed care plan amended, delivered, issued,
or renewed on or after January 1, 2024 shall provide coverage
for community-based pediatric palliative care and hospice
care. This care shall be delivered to any qualifying child
with a serious illness by a trained interdisciplinary team
that allows a child to receive community-based pediatric
palliative care and hospice care while continuing to pursue

SB2437 - 1192 - LRB103 26700 AMC 53063 b
curative treatment and disease-directed therapies for the
qualifying illness.
(b) As used in this Section, "palliative care" and
"serious illness" have the same meaning as set forth in the
Pediatric Palliative Care Act.
(Source: P.A. 102-860, eff. 1-1-23; revised 12-29-22.)
(215 ILCS 5/356z.58)
Sec. 356z.58 356z.53. Prenatal vitamins coverage. A group
or individual policy of accident and health insurance that is
amended, delivered, issued, or renewed on or after January 1,
2024 that provides coverage for prescription drugs shall
provide coverage for prenatal vitamins when prescribed by a
physician licensed to practice medicine in all of its branches
or an advanced practice registered nurse licensed under the
Nurse Practice Act.
(Source: P.A. 102-930, eff. 1-1-23; revised 12-29-22.)
(215 ILCS 5/356z.59)
Sec. 356z.59 356z.53. Coverage for continuous glucose
monitors. 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, 2024 shall provide
coverage for medically necessary continuous glucose monitors
for individuals who are diagnosed with type 1 or type 2
diabetes and require insulin for the management of their

SB2437 - 1193 - LRB103 26700 AMC 53063 b
diabetes.
(Source: P.A. 102-1093, eff. 1-1-23; revised 12-29-22.)
(215 ILCS 5/364.01)
Sec. 364.01. Qualified clinical cancer trials.
(a) No individual or group policy of accident and health
insurance issued or renewed in this State may be cancelled or
non-renewed for any individual based on that individual's
participation in a qualified clinical cancer trial.
(b) Qualified clinical cancer trials must meet the
following criteria:
(1) the effectiveness of the treatment has not been
determined relative to established therapies;
(2) the trial is under clinical investigation as part
of an approved cancer research trial in Phase II, Phase
III, or Phase IV of investigation;
(3) the trial is:
(A) approved by the Food and Drug Administration;
or
(B) approved and funded by the National Institutes
of Health, the Centers for Disease Control and
Prevention, the Agency for Healthcare Research and
Quality, the United States Department of Defense, the
United States Department of Veterans Affairs, or the
United States Department of Energy in the form of an
investigational new drug application, or a cooperative

SB2437 - 1194 - LRB103 26700 AMC 53063 b
group or center of any entity described in this
subdivision (B); and
(4) the patient's primary care physician, if any, is
involved in the coordination of care.
(c) No group policy of accident and health insurance shall
exclude coverage for any routine patient care administered to
an insured who is a qualified individual participating in a
qualified clinical cancer trial, if the policy covers that
same routine patient care of insureds not enrolled in a
qualified clinical cancer trial.
(d) The coverage that may not be excluded under subsection
(c) of this Section is subject to all terms, conditions,
restrictions, exclusions, and limitations that apply to the
same routine patient care received by an insured not enrolled
in a qualified clinical cancer trial, including the
application of any authorization requirement, utilization
review, or medical management practices. The insured or
enrollee shall incur no greater out-of-pocket liability than
had the insured or enrollee not enrolled in a qualified
clinical cancer trial.
(e) If the group policy of accident and health insurance
uses a preferred provider program and a preferred provider
provides routine patient care in connection with a qualified
clinical cancer trial, then the insurer may require the
insured to use the preferred provider if the preferred
provider agrees to provide to the insured that routine patient

SB2437 - 1195 - LRB103 26700 AMC 53063 b
care.
(f) A qualified clinical cancer trial may not pay or
refuse to pay for routine patient care of an individual
participating in the trial, based in whole or in part on the
person's having or not having coverage for routine patient
care under a group policy of accident and health insurance.
(g) Nothing in this Section shall be construed to limit an
insurer's coverage with respect to clinical trials.
(h) Nothing in this Section shall require coverage for
out-of-network services where the underlying health benefit
plan does not provide coverage for out-of-network services.
(i) As used in this Section, "routine patient care" means
all health care services provided in the qualified clinical
cancer trial that are otherwise generally covered under the
policy if those items or services were not provided in
connection with a qualified clinical cancer trial consistent
with the standard of care for the treatment of cancer,
including the type and frequency of any diagnostic modality,
that a provider typically provides to a cancer patient who is
not enrolled in a qualified clinical cancer trial. "Routine
patient care" does not include, and a group policy of accident
and health insurance may exclude, coverage for:
(1) a health care service, item, or drug that is the
subject of the cancer clinical trial;
(2) a health care service, item, or drug provided
solely to satisfy data collection and analysis needs for

SB2437 - 1196 - LRB103 26700 AMC 53063 b
the qualified clinical cancer trial that is not used in
the direct clinical management of the patient;
(3) an investigational drug or device that has not
been approved for market by the United States Food and
Drug Administration;
(4) transportation, lodging, food, or other expenses
for the patient or a family member or companion of the
patient that are associated with the travel to or from a
facility providing the qualified clinical cancer trial,
unless the policy covers these expenses for a cancer
patient who is not enrolled in a qualified clinical cancer
trial;
(5) a health care service, item, or drug customarily
provided by the qualified clinical cancer trial sponsors
free of charge for any patient;
(6) a health care service or item, which except for
the fact that it is being provided in a qualified clinical
cancer trial, is otherwise specifically excluded from
coverage under the insured's policy, including:
(A) costs of extra treatments, services,
procedures, tests, or drugs that would not be
performed or administered except for the fact that the
insured is participating in the cancer clinical trial;
and
(B) costs of nonhealth care services that the
patient is required to receive as a result of

SB2437 - 1197 - LRB103 26700 AMC 53063 b
participation in the approved cancer clinical trial;
(7) costs for services, items, or drugs that are
eligible for reimbursement from a source other than a
patient's contract or policy providing for third-party
payment or prepayment of health or medical expenses,
including the sponsor of the approved cancer clinical
trial;
(8) costs associated with approved cancer clinical
trials designed exclusively to test toxicity or disease
pathophysiology, unless the policy covers these expenses
for a cancer patient who is not enrolled in a qualified
clinical cancer trial; or
(9) a health care service or item that is eligible for
reimbursement by a source other than the insured's policy,
including the sponsor of the qualified clinical cancer
trial.
The definitions of the terms "health care services",
"Non-Preferred Provider", "Preferred Provider", and "Preferred
Provider Program", stated in 50 Ill. IL Adm. Code Part 2051
Preferred Provider Programs apply to these terms in this
Section.
(j) The external review procedures established under the
Health Carrier External Review Act shall apply to the
provisions under this Section.
(Source: P.A. 97-91, eff. 1-1-12; 97-813, eff. 7-13-12;
revised 3-16-22.)

SB2437 - 1198 - LRB103 26700 AMC 53063 b
(215 ILCS 5/513b1)
Sec. 513b1. Pharmacy benefit manager contracts.
(a) As used in this Section:
"340B drug discount program" means the program established
under Section 340B of the federal Public Health Service Act,
42 U.S.C. 256b.
"340B entity" means a covered entity as defined in 42
U.S.C. 256b(a)(4) authorized to participate in the 340B drug
discount program.
"340B pharmacy" means any pharmacy used to dispense 340B
drugs for a covered entity, whether entity-owned or external.
"Biological product" has the meaning ascribed to that term
in Section 19.5 of the Pharmacy Practice Act.
"Maximum allowable cost" means the maximum amount that a
pharmacy benefit manager will reimburse a pharmacy for the
cost of a drug.
"Maximum allowable cost list" means a list of drugs for
which a maximum allowable cost has been established by a
pharmacy benefit manager.
"Pharmacy benefit manager" means a person, business, or
entity, including a wholly or partially owned or controlled
subsidiary of a pharmacy benefit manager, that provides claims
processing services or other prescription drug or device
services, or both, for health benefit plans.
"Retail price" means the price an individual without

SB2437 - 1199 - LRB103 26700 AMC 53063 b
prescription drug coverage would pay at a retail pharmacy, not
including a pharmacist dispensing fee.
"Third-party payer" means any entity that pays for
prescription drugs on behalf of a patient other than a health
care provider or sponsor of a plan subject to regulation under
Medicare Part D, 42 U.S.C. 1395w-101, et seq.
(b) A contract between a health insurer and a pharmacy
benefit manager must require that the pharmacy benefit
manager:
(1) Update maximum allowable cost pricing information
at least every 7 calendar days.
(2) Maintain a process that will, in a timely manner,
eliminate drugs from maximum allowable cost lists or
modify drug prices to remain consistent with changes in
pricing data used in formulating maximum allowable cost
prices and product availability.
(3) Provide access to its maximum allowable cost list
to each pharmacy or pharmacy services administrative
organization subject to the maximum allowable cost list.
Access may include a real-time pharmacy website portal to
be able to view the maximum allowable cost list. As used in
this Section, "pharmacy services administrative
organization" means an entity operating within the State
that contracts with independent pharmacies to conduct
business on their behalf with third-party payers. A
pharmacy services administrative organization may provide

SB2437 - 1200 - LRB103 26700 AMC 53063 b
administrative services to pharmacies and negotiate and
enter into contracts with third-party payers or pharmacy
benefit managers on behalf of pharmacies.
(4) Provide a process by which a contracted pharmacy
can appeal the provider's reimbursement for a drug subject
to maximum allowable cost pricing. The appeals process
must, at a minimum, include the following:
(A) A requirement that a contracted pharmacy has
14 calendar days after the applicable fill date to
appeal a maximum allowable cost if the reimbursement
for the drug is less than the net amount that the
network provider paid to the supplier of the drug.
(B) A requirement that a pharmacy benefit manager
must respond to a challenge within 14 calendar days of
the contracted pharmacy making the claim for which the
appeal has been submitted.
(C) A telephone number and e-mail address or
website to network providers, at which the provider
can contact the pharmacy benefit manager to process
and submit an appeal.
(D) A requirement that, if an appeal is denied,
the pharmacy benefit manager must provide the reason
for the denial and the name and the national drug code
number from national or regional wholesalers.
(E) A requirement that, if an appeal is sustained,
the pharmacy benefit manager must make an adjustment

SB2437 - 1201 - LRB103 26700 AMC 53063 b
in the drug price effective the date the challenge is
resolved and make the adjustment applicable to all
similarly situated network pharmacy providers, as
determined by the managed care organization or
pharmacy benefit manager.
(5) Allow a plan sponsor contracting with a pharmacy
benefit manager an annual right to audit compliance with
the terms of the contract by the pharmacy benefit manager,
including, but not limited to, full disclosure of any and
all rebate amounts secured, whether product specific or
generalized rebates, that were provided to the pharmacy
benefit manager by a pharmaceutical manufacturer.
(6) Allow a plan sponsor contracting with a pharmacy
benefit manager to request that the pharmacy benefit
manager disclose the actual amounts paid by the pharmacy
benefit manager to the pharmacy.
(7) Provide notice to the party contracting with the
pharmacy benefit manager of any consideration that the
pharmacy benefit manager receives from the manufacturer
for dispense as written prescriptions once a generic or
biologically similar product becomes available.
(c) In order to place a particular prescription drug on a
maximum allowable cost list, the pharmacy benefit manager
must, at a minimum, ensure that:
(1) if the drug is a generically equivalent drug, it
is listed as therapeutically equivalent and

SB2437 - 1202 - LRB103 26700 AMC 53063 b
pharmaceutically equivalent "A" or "B" rated in the United
States Food and Drug Administration's most recent version
of the "Orange Book" or have an NR or NA rating by
Medi-Span, Gold Standard, or a similar rating by a
nationally recognized reference;
(2) the drug is available for purchase by each
pharmacy in the State from national or regional
wholesalers operating in Illinois; and
(3) the drug is not obsolete.
(d) A pharmacy benefit manager is prohibited from limiting
a pharmacist's ability to disclose whether the cost-sharing
obligation exceeds the retail price for a covered prescription
drug, and the availability of a more affordable alternative
drug, if one is available in accordance with Section 42 of the
Pharmacy Practice Act.
(e) A health insurer or pharmacy benefit manager shall not
require an insured to make a payment for a prescription drug at
the point of sale in an amount that exceeds the lesser of:
(1) the applicable cost-sharing amount; or
(2) the retail price of the drug in the absence of
prescription drug coverage.
(f) Unless required by law, a contract between a pharmacy
benefit manager or third-party payer and a 340B entity or 340B
pharmacy shall not contain any provision that:
(1) distinguishes between drugs purchased through the
340B drug discount program and other drugs when

SB2437 - 1203 - LRB103 26700 AMC 53063 b
determining reimbursement or reimbursement methodologies,
or contains otherwise less favorable payment terms or
reimbursement methodologies for 340B entities or 340B
pharmacies when compared to similarly situated non-340B
entities;
(2) imposes any fee, chargeback, or rate adjustment
that is not similarly imposed on similarly situated
pharmacies that are not 340B entities or 340B pharmacies;
(3) imposes any fee, chargeback, or rate adjustment
that exceeds the fee, chargeback, or rate adjustment that
is not similarly imposed on similarly situated pharmacies
that are not 340B entities or 340B pharmacies;
(4) prevents or interferes with an individual's choice
to receive a covered prescription drug from a 340B entity
or 340B pharmacy through any legally permissible means,
except that nothing in this paragraph shall prohibit the
establishment of differing copayments or other
cost-sharing amounts within the benefit plan for covered
persons who acquire covered prescription drugs from a
nonpreferred or nonparticipating provider;
(5) excludes a 340B entity or 340B pharmacy from a
pharmacy network on any basis that includes consideration
of whether the 340B entity or 340B pharmacy participates
in the 340B drug discount program;
(6) prevents a 340B entity or 340B pharmacy from using
a drug purchased under the 340B drug discount program; or

SB2437 - 1204 - LRB103 26700 AMC 53063 b
(7) any other provision that discriminates against a
340B entity or 340B pharmacy by treating the 340B entity
or 340B pharmacy differently than non-340B entities or
non-340B pharmacies for any reason relating to the
entity's participation in the 340B drug discount program.
As used in this subsection, "pharmacy benefit manager" and
"third-party payer" do not include pharmacy benefit managers
and third-party payers acting on behalf of a Medicaid program.
(g) A violation of this Section by a pharmacy benefit
manager constitutes an unfair or deceptive act or practice in
the business of insurance under Section 424.
(h) A provision that violates subsection (f) in a contract
between a pharmacy benefit manager or a third-party payer and
a 340B entity that is entered into, amended, or renewed after
July 1, 2022 shall be void and unenforceable.
(i) This Section applies to contracts entered into or
renewed on or after July 1, 2022.
(j) This Section applies to any group or individual policy
of accident and health insurance or managed care plan that
provides coverage for prescription drugs and that is amended,
delivered, issued, or renewed on or after July 1, 2020.
(Source: P.A. 101-452, eff. 1-1-20; 102-778, eff. 7-1-22;
revised 8-19-22.)
Section 435. The Small Employer Health Insurance Rating
Act is amended by changing Section 25 as follows:

SB2437 - 1205 - LRB103 26700 AMC 53063 b
(215 ILCS 93/25)
Sec. 25. Premium Rates.
(a) Premium rates for health benefit plans subject to this
Act shall be subject to all of the following provisions:
(1) The index rate for a rating period for any class of
business shall not exceed the index rate for any other
class of business by more than 20%.
(2) For a class of business, the premium rates charged
during a rating period to small employers with similar
case characteristics for the same or similar coverage, or
the rates that could be charged to such employers under
the rating system for that class of business, shall not
vary from the index rate by more than 25% of the index
rate.
(3) The percentage increase in the premium rate
charged to a small employer for a new rating period shall
not exceed the sum of the following:
(A) the percentage change in the new business
premium rate measured from the first day of the prior
rating period to the first day of the new rating
period. In the case of a health benefit plan into which
the small employer carrier is no longer enrolling new
small employers, the small employer carrier shall use
the percentage change in the base premium rate;
(B) an adjustment, not to exceed 15% annually and

SB2437 - 1206 - LRB103 26700 AMC 53063 b
adjusted pro rata for rating periods of less than one
year, due to claim experience, health status, or
duration of coverage of the employees or dependents of
the small employer as determined from the small
employer carrier's rate manual for the class of
business; and
(C) any adjustment due to change in coverage or
change in the case characteristics of the small
employer as determined from the small employer
carrier's rate manual for the class of business.
(4) Adjustments in rates for a new rating period due
to claim experience, health status, and duration of
coverage shall not be charged to individual employees or
dependents. Any such adjustment shall be applied uniformly
to the rates charged for all employees and dependents of
the small employer.
(5) In the case of health benefit plans delivered or
issued for delivery prior to the effective date of this
Act, a premium rate for a rating period may exceed the
ranges set forth in items (1) and (2) of this subsection
(a) for a period of 3 years following the effective date of
this Act. In such case, the percentage increase in the
premium rate charged to a small employer for a new rating
period shall not exceed the sum of the following:
(A) the percentage change in the new business
premium rate measured from the first day of the prior

SB2437 - 1207 - LRB103 26700 AMC 53063 b
rating period to the first day of the new rating
period; in the case of a class of business into which
the small employer carrier is no longer enrolling new
small employers employes, the small employer carrier
shall use the percentage change in the base premium
rate, provided that such change does not exceed, on a
percentage basis, the change in the new business
premium rate for the most similar class of business
into which the small employer carrier is actively
enrolling new small employers; and
(B) any adjustment due to change in coverage or
change in the case characteristics of the small
employer as determined from the carrier's rate manual
for the class of business.
(6) Small employer carriers shall apply rating
factors, including case characteristics, consistently with
respect to all small employers in a class of business. A
small employer carrier shall treat all health benefit
plans issued or renewed in the same calendar month as
having the same rating period.
(7) For the purposes of this subsection, a health
benefit plan that contains a restricted network provision
shall not be considered similar coverage to a health
benefit plan that does not contain such a provision,
provided that the restriction of benefits to network
providers results in substantial differences in claim

SB2437 - 1208 - LRB103 26700 AMC 53063 b
costs.
(b) A small employer carrier shall not transfer a small
employer involuntarily into or out of a class of business. A
small employer carrier shall not offer to transfer a small
employer into or out of a class of business unless such offer
is made to transfer all small employers in the class of
business without regard to case characteristics, claim
experience, health status, or duration of coverage since
issue.
(Source: P.A. 91-510, eff. 1-1-00; revised 8-19-22.)
Section 440. The Health Maintenance Organization Act is
amended by changing Sections 4.5-1 and 5-3 as follows:
(215 ILCS 125/4.5-1)
Sec. 4.5-1. Point-of-service health service contracts.
(a) A health maintenance organization that offers a
point-of-service contract:
(1) must include as in-plan covered services all
services required by law to be provided by a health
maintenance organization;
(2) must provide incentives, which shall include
financial incentives, for enrollees to use in-plan covered
services;
(3) may not offer services out-of-plan without
providing those services on an in-plan basis;

SB2437 - 1209 - LRB103 26700 AMC 53063 b
(4) may include annual out-of-pocket limits and
lifetime maximum benefits allowances for out-of-plan
services that are separate from any limits or allowances
applied to in-plan services;
(5) may not consider emergency services, authorized
referral services, or non-routine services obtained out of
the service area to be point-of-service services;
(6) may treat as out-of-plan services those services
that an enrollee obtains from a participating provider,
but for which the proper authorization was not given by
the health maintenance organization; and
(7) after January 1, 2003 (the effective date of
Public Act 92-579) this amendatory Act of the 92nd General
Assembly, must include the following disclosure on its
point-of-service contracts and evidences of coverage:
"WARNING, LIMITED BENEFITS WILL BE PAID WHEN
NON-PARTICIPATING PROVIDERS ARE USED. You should be aware
that when you elect to utilize the services of a
non-participating provider for a covered service in
non-emergency situations, benefit payments to such
non-participating provider are not based upon the amount
billed. The basis of your benefit payment will be
determined according to your policy's fee schedule, usual
and customary charge (which is determined by comparing
charges for similar services adjusted to the geographical
area where the services are performed), or other method as

SB2437 - 1210 - LRB103 26700 AMC 53063 b
defined by the policy. YOU CAN EXPECT TO PAY MORE THAN THE
COINSURANCE AMOUNT DEFINED IN THE POLICY AFTER THE PLAN
HAS PAID ITS REQUIRED PORTION. Non-participating providers
may bill members for any amount up to the billed charge
after the plan has paid its portion of the bill, except as
provided in Section 356z.3a of the Illinois Insurance Code
for covered services received at a participating health
care facility from a non-participating provider that are:
(a) ancillary services, (b) items or services furnished as
a result of unforeseen, urgent medical needs that arise at
the time the item or service is furnished, or (c) items or
services received when the facility or the
non-participating provider fails to satisfy the notice and
consent criteria specified under Section 356z.3a.
Participating providers have agreed to accept discounted
payments for services with no additional billing to the
member other than co-insurance and deductible amounts. You
may obtain further information about the participating
status of professional providers and information on
out-of-pocket expenses by calling the toll free telephone
number on your identification card.".
(b) A health maintenance organization offering a
point-of-service contract is subject to all of the following
limitations:
(1) The health maintenance organization may not expend
in any calendar quarter more than 20% of its total

SB2437 - 1211 - LRB103 26700 AMC 53063 b
expenditures for all its members for out-of-plan covered
services.
(2) If the amount specified in item (1) of this
subsection is exceeded by 2% in a quarter, the health
maintenance organization must effect compliance with item
(1) of this subsection by the end of the following
quarter.
(3) If compliance with the amount specified in item
(1) of this subsection is not demonstrated in the health
maintenance organization's next quarterly report, the
health maintenance organization may not offer the
point-of-service contract to new groups or include the
point-of-service option in the renewal of an existing
group until compliance with the amount specified in item
(1) of this subsection is demonstrated or until otherwise
allowed by the Director.
(4) A health maintenance organization failing, without
just cause, to comply with the provisions of this
subsection shall be required, after notice and hearing, to
pay a penalty of $250 for each day out of compliance, to be
recovered by the Director. Any penalty recovered shall be
paid into the General Revenue Fund. The Director may
reduce the penalty if the health maintenance organization
demonstrates to the Director that the imposition of the
penalty would constitute a financial hardship to the
health maintenance organization.

SB2437 - 1212 - LRB103 26700 AMC 53063 b
(c) A health maintenance organization that offers a
point-of-service product must do all of the following:
(1) File a quarterly financial statement detailing
compliance with the requirements of subsection (b).
(2) Track out-of-plan, point-of-service utilization
separately from in-plan or non-point-of-service,
out-of-plan emergency care, referral care, and urgent care
out of the service area utilization.
(3) Record out-of-plan utilization in a manner that
will permit such utilization and cost reporting as the
Director may, by rule, require.
(4) Demonstrate to the Director's satisfaction that
the health maintenance organization has the fiscal,
administrative, and marketing capacity to control its
point-of-service enrollment, utilization, and costs so as
not to jeopardize the financial security of the health
maintenance organization.
(5) Maintain, in addition to any other deposit
required under this Act, the deposit required by Section
2-6.
(6) Maintain cash and cash equivalents of sufficient
amount to fully liquidate 10 days' average claim payments,
subject to review by the Director.
(7) Maintain and file with the Director, reinsurance
coverage protecting against catastrophic losses on
out-of-network out of network point-of-service services.

SB2437 - 1213 - LRB103 26700 AMC 53063 b
Deductibles may not exceed $100,000 per covered life per
year, and the portion of risk retained by the health
maintenance organization once deductibles have been
satisfied may not exceed 20%. Reinsurance must be placed
with licensed authorized reinsurers qualified to do
business in this State.
(d) A health maintenance organization may not issue a
point-of-service contract until it has filed and had approved
by the Director a plan to comply with the provisions of this
Section. The compliance plan must, at a minimum, include
provisions demonstrating that the health maintenance
organization will do all of the following:
(1) Design the benefit levels and conditions of
coverage for in-plan covered services and out-of-plan
covered services as required by this Article.
(2) Provide or arrange for the provision of adequate
systems to:
(A) process and pay claims for all out-of-plan
covered services;
(B) meet the requirements for point-of-service
contracts set forth in this Section and any additional
requirements that may be set forth by the Director;
and
(C) generate accurate data and financial and
regulatory reports on a timely basis so that the
Department of Insurance can evaluate the health

SB2437 - 1214 - LRB103 26700 AMC 53063 b
maintenance organization's experience with the
point-of-service contract and monitor compliance with
point-of-service contract provisions.
(3) Comply with the requirements of subsections (b)
and (c).
(Source: P.A. 102-901, eff. 1-1-23; revised 12-9-22.)
(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, 355.2,
355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x,
356y, 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.21, 356z.22, 356z.25,
356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
356z.35, 356z.36, 356z.40, 356z.41, 356z.46, 356z.47, 356z.48,
356z.50, 356z.51, 356z.53 256z.53, 356z.54, 356z.56, 356z.57,
356z.59, 356z.60, 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.

SB2437 - 1215 - LRB103 26700 AMC 53063 b
(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

SB2437 - 1216 - LRB103 26700 AMC 53063 b
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

SB2437 - 1217 - LRB103 26700 AMC 53063 b
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

SB2437 - 1218 - LRB103 26700 AMC 53063 b
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

SB2437 - 1219 - LRB103 26700 AMC 53063 b
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. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.
1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,
eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, 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; revised 1-22-23.)
Section 445. The Managed Care Reform and Patient Rights
Act is amended by changing Sections 15 and 45.1 as follows:
(215 ILCS 134/15)
Sec. 15. Provision of information.
(a) A health care plan shall provide annually to enrollees

SB2437 - 1220 - LRB103 26700 AMC 53063 b
and prospective enrollees, upon request, a complete list of
participating health care providers in the health care plan's
service area and a description of the following terms of
coverage:
(1) the service area;
(2) the covered benefits and services with all
exclusions, exceptions, and limitations;
(3) the pre-certification and other utilization review
procedures and requirements;
(4) a description of the process for the selection of
a primary care physician, any limitation on access to
specialists, and the plan's standing referral policy;
(5) the emergency coverage and benefits, including any
restrictions on emergency care services;
(6) the out-of-area coverage and benefits, if any;
(7) the enrollee's financial responsibility for
copayments, deductibles, premiums, and any other
out-of-pocket expenses;
(8) the provisions for continuity of treatment in the
event a health care provider's participation terminates
during the course of an enrollee's treatment by that
provider;
(9) the appeals process, forms, and time frames for
health care services appeals, complaints, and external
independent reviews, administrative complaints, and
utilization review complaints, including a phone number to

SB2437 - 1221 - LRB103 26700 AMC 53063 b
call to receive more information from the health care plan
concerning the appeals process; and
(10) a statement of all basic health care services and
all specific benefits and services mandated to be provided
to enrollees by any State law or administrative rule.
(a-5) Without limiting the generality of subsection (a) of
this Section, no qualified health plans shall be offered for
sale directly to consumers through the health insurance
marketplace operating in the State in accordance with Sections
1311 and 1321 of the federal Patient Protection and Affordable
Care Act of 2010 (Public Law 111-148), as amended by the
federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), and any amendments thereto, or
regulations or guidance issued thereunder (collectively, "the
Federal Act"), unless, in addition to the information required
under subsection (a) of this Section, the following
information is available to the consumer at the time he or she
is comparing health care plans and their premiums:
(1) With respect to prescription drug benefits, the
most recently published formulary where a consumer can
view in one location covered prescription drugs;
information on tiering and the cost-sharing structure for
each tier; and information about how a consumer can obtain
specific copayment amounts or coinsurance percentages for
a specific qualified health plan before enrolling in that
plan. This information shall clearly identify the

SB2437 - 1222 - LRB103 26700 AMC 53063 b
qualified health plan to which it applies.
(2) The most recently published provider directory
where a consumer can view the provider network that
applies to each qualified health plan and information
about each provider, including location, contact
information, specialty, medical group, if any, any
institutional affiliation, and whether the provider is
accepting new patients. The information shall clearly
identify the qualified health plan to which it applies.
In the event of an inconsistency between any separate
written disclosure statement and the enrollee contract or
certificate, the terms of the enrollee contract or certificate
shall control.
(b) Upon written request, a health care plan shall provide
to enrollees a description of the financial relationships
between the health care plan and any health care provider and,
if requested, the percentage of copayments, deductibles, and
total premiums spent on healthcare related expenses and the
percentage of copayments, deductibles, and total premiums
spent on other expenses, including administrative expenses,
except that no health care plan shall be required to disclose
specific provider reimbursement.
(c) A participating health care provider shall provide all
of the following, where applicable, to enrollees upon request:
(1) Information related to the health care provider's
educational background, experience, training, specialty,

SB2437 - 1223 - LRB103 26700 AMC 53063 b
and board certification, if applicable.
(2) The names of licensed facilities on the provider
panel where the health care provider presently has
privileges for the treatment, illness, or procedure that
is the subject of the request.
(3) Information regarding the health care provider's
participation in continuing education programs and
compliance with any licensure, certification, or
registration requirements, if applicable.
(d) A health care plan shall provide the information
required to be disclosed under this Act upon enrollment and
annually thereafter in a legible and understandable format.
The Department shall promulgate rules to establish the format
based, to the extent practical, on the standards developed for
supplemental insurance coverage under Title XVIII of the
federal Social Security Act as a guide, so that a person can
compare the attributes of the various health care plans.
(e) The written disclosure requirements of this Section
may be met by disclosure to one enrollee in a household.
(f) Each issuer of qualified health plans for sale
directly to consumers through the health insurance marketplace
operating in the State shall make the information described in
subsection (a) of this Section, for each qualified health plan
that it offers, available and accessible to the general public
on the company's Internet website and through other means for
individuals without access to the Internet.

SB2437 - 1224 - LRB103 26700 AMC 53063 b
(g) The Department shall ensure that State-operated
Internet websites, in addition to the Internet website for the
health insurance marketplace established in this State in
accordance with the Federal Act and its implementing
regulations, prominently provide links to Internet-based
materials and tools to help consumers be informed purchasers
of health care plans.
(h) Nothing in this Section shall be interpreted or
implemented in a manner not consistent with the Federal Act.
This Section shall apply to all qualified health plans offered
for sale directly to consumers through the health insurance
marketplace operating in this State for any coverage year
beginning on or after January 1, 2015.
(Source: P.A. 98-1035, eff. 8-25-14; revised 6-2-22.)
(215 ILCS 134/45.1)
Sec. 45.1. Medical exceptions procedures required.
(a) Notwithstanding any other provision of law, on or
after January 1, 2018 (the effective date of Public Act
99-761) this amendatory Act of the 99th General Assembly,
every insurer licensed in this State to sell a policy of group
or individual accident and health insurance or a health
benefits plan shall establish and maintain a medical
exceptions process that allows covered persons or their
authorized representatives to request any clinically
appropriate prescription drug when (1) the drug is not covered

SB2437 - 1225 - LRB103 26700 AMC 53063 b
based on the health benefit plan's formulary; (2) the health
benefit plan is discontinuing coverage of the drug on the
plan's formulary for reasons other than safety or other than
because the prescription drug has been withdrawn from the
market by the drug's manufacturer; (3) the prescription drug
alternatives required to be used in accordance with a step
therapy requirement (A) has been ineffective in the treatment
of the enrollee's disease or medical condition or, based on
both sound clinical evidence and medical and scientific
evidence, the known relevant physical or mental
characteristics of the enrollee, and the known characteristics
of the drug regimen, is likely to be ineffective or adversely
affect the drug's effectiveness or patient compliance or (B)
has caused or, based on sound medical evidence, is likely to
cause an adverse reaction or harm to the enrollee; or (4) the
number of doses available under a dose restriction for the
prescription drug (A) has been ineffective in the treatment of
the enrollee's disease or medical condition or (B) based on
both sound clinical evidence and medical and scientific
evidence, the known relevant physical and mental
characteristics of the enrollee, and known characteristics of
the drug regimen, is likely to be ineffective or adversely
affect the drug's effective or patient compliance.
(b) The health carrier's established medical exceptions
procedures must require, at a minimum, the following:
(1) Any request for approval of coverage made verbally

SB2437 - 1226 - LRB103 26700 AMC 53063 b
or in writing (regardless of whether made using a paper or
electronic form or some other writing) at any time shall
be reviewed by appropriate health care professionals.
(2) The health carrier must, within 72 hours after
receipt of a request made under subsection (a) of this
Section, either approve or deny the request. In the case
of a denial, the health carrier shall provide the covered
person or the covered person's authorized representative
and the covered person's prescribing provider with the
reason for the denial, an alternative covered medication,
if applicable, and information regarding the procedure for
submitting an appeal to the denial.
(3) In the case of an expedited coverage
determination, the health carrier must either approve or
deny the request within 24 hours after receipt of the
request. In the case of a denial, the health carrier shall
provide the covered person or the covered person's
authorized representative and the covered person's
prescribing provider with the reason for the denial, an
alternative covered medication, if applicable, and
information regarding the procedure for submitting an
appeal to the denial.
(c) A step therapy requirement exception request shall be
approved if:
(1) the required prescription drug is contraindicated;
(2) the patient has tried the required prescription

SB2437 - 1227 - LRB103 26700 AMC 53063 b
drug while under the patient's current or previous health
insurance or health benefit plan and the prescribing
provider submits evidence of failure or intolerance; or
(3) the patient is stable on a prescription drug
selected by his or her health care provider for the
medical condition under consideration while on a current
or previous health insurance or health benefit plan.
(d) Upon the granting of an exception request, the
insurer, health plan, utilization review organization, or
other entity shall authorize the coverage for the drug
prescribed by the enrollee's treating health care provider, to
the extent the prescribed drug is a covered drug under the
policy or contract up to the quantity covered.
(e) Any approval of a medical exception request made
pursuant to this Section shall be honored for 12 months
following the date of the approval or until renewal of the
plan.
(f) Notwithstanding any other provision of this Section,
nothing in this Section shall be interpreted or implemented in
a manner not consistent with the federal Patient Protection
and Affordable Care Act of 2010 (Public Law 111-148), as
amended by the federal Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152), and any
amendments thereto, or regulations or guidance issued under
those Acts.
(g) Nothing in this Section shall require or authorize the

SB2437 - 1228 - LRB103 26700 AMC 53063 b
State agency responsible for the administration of the medical
assistance program established under the Illinois Public Aid
Code to approve, supply, or cover prescription drugs pursuant
to the procedure established in this Section.
(Source: P.A. 98-1035, eff. 8-25-14; 99-761, eff. 1-1-18;
revised 6-6-22.)
Section 450. The Viatical Settlements Act of 2009 is
amended by changing Section 20 as follows:
(215 ILCS 159/20)
Sec. 20. Approval of viatical settlement contracts and
disclosure statements. A person shall not use a viatical
settlement contract form or provide to a viator a disclosure
statement form in this State unless first filed with and
approved by the Director. The Director shall disapprove a
viatical settlement contract form or disclosure statement form
if, in the Director's opinion, the contract or provisions
contained therein fail to meet the requirements of this Act or
are unreasonable, contrary to the interests of the public, or
otherwise misleading or unfair to the viator. At the
Director's discretion, the Director may require the submission
of advertising material. If the Director disapproves a
viatical settlement contract form or disclosure statement
form, then the Director shall notify the viatical settlement
provider and advise the viatical settlement provider, in

SB2437 - 1229 - LRB103 26700 AMC 53063 b
writing, of the reason for the disapproval. The viatical
settlement provider may make written demand upon the Director
within 30 days after the date of mailing for a hearing before
the Director to determine the reasonableness of the Director's
action. The hearing must be held within not fewer than 20 days
nor more than 30 days after the mailing of the notice of
hearing and shall be held in accordance with the Illinois
Administrative Procedure Act and 50 Ill. Adm. Admin. Code
2402.
(Source: P.A. 96-736, eff. 7-1-10; revised 2-28-22.)
Section 455. The Public Utilities Act is amended by
changing Sections 7-213, 8-103B, 8-201.4, 14-102, 14-103,
14-104, and 16-108.5 as follows:
(220 ILCS 5/7-213)
Sec. 7-213. Limitations on the transfer of water systems.
(a) In the event of a sale, purchase, or any other transfer
of ownership, including, without limitation, the acquisition
by eminent domain, of a water system, as defined under Section
11-124-5 11-124-10 of the Illinois Municipal Code, operated by
a privately held public water utility, the water utility's
contract or agreements with the acquiring entity (or, in the
case of an eminent domain action, the court order) must
require that the acquiring entity hire a sufficient number of
non-supervisory employees to operate and maintain the water

SB2437 - 1230 - LRB103 26700 AMC 53063 b
system by initially making offers of employment to the
non-supervisory workforce of the water system at no less than
the wage rates, and substantially equivalent fringe benefits
and terms and conditions of employment that are in effect at
the time of transfer of ownership of the water system. The wage
rates and substantially equivalent fringe benefits and terms
and conditions of employment must continue for at least 30
months after the time of the transfer of ownership unless the
parties mutually agree to different terms and conditions of
employment within that 30-month period.
(b) The privately held public water utility shall offer a
transition plan to those employees who are not offered jobs by
the acquiring entity because that entity has a need for fewer
workers. The transition plan shall mitigate employee job
losses to the extent practical through such means as offers of
voluntary severance, retraining, early retirement, out
placement, or related benefits. Before any reduction in the
workforce during a water system transaction, the privately
held public water utility shall present to the employees, or
their representatives, a transition plan outlining the means
by which the utility intends to mitigate the impact of the
workforce reduction of its employees.
(Source: P.A. 94-1007, eff. 1-1-07; revised 8-22-22.)
(220 ILCS 5/8-103B)
Sec. 8-103B. Energy efficiency and demand-response

SB2437 - 1231 - LRB103 26700 AMC 53063 b
measures.
(a) It is the policy of the State that electric utilities
are required to use cost-effective energy efficiency and
demand-response measures to reduce delivery load. Requiring
investment in cost-effective energy efficiency and
demand-response measures will reduce direct and indirect costs
to consumers by decreasing environmental impacts and by
avoiding or delaying the need for new generation,
transmission, and distribution infrastructure. It serves the
public interest to allow electric utilities to recover costs
for reasonably and prudently incurred expenditures for energy
efficiency and demand-response measures. As used in this
Section, "cost-effective" means that the measures satisfy the
total resource cost test. The low-income measures described in
subsection (c) of this Section shall not be required to meet
the total resource cost test. For purposes of this Section,
the terms "energy-efficiency", "demand-response", "electric
utility", and "total resource cost test" have the meanings set
forth in the Illinois Power Agency Act. "Black, indigenous,
and people of color" and "BIPOC" means people who are members
of the groups described in subparagraphs (a) through (e) of
paragraph (A) of subsection (1) of Section 2 of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act.
(a-5) This Section applies to electric utilities serving
more than 500,000 retail customers in the State for those

SB2437 - 1232 - LRB103 26700 AMC 53063 b
multi-year plans commencing after December 31, 2017.
(b) For purposes of this Section, electric utilities
subject to this Section that serve more than 3,000,000 retail
customers in the State shall be deemed to have achieved a
cumulative persisting annual savings of 6.6% from energy
efficiency measures and programs implemented during the period
beginning January 1, 2012 and ending December 31, 2017, which
percent is based on the deemed average weather normalized
sales of electric power and energy during calendar years 2014,
2015, and 2016 of 88,000,000 MWhs. For the purposes of this
subsection (b) and subsection (b-5), the 88,000,000 MWhs of
deemed electric power and energy sales shall be reduced by the
number of MWhs equal to the sum of the annual consumption of
customers that have opted out of subsections (a) through (j)
of this Section under paragraph (1) of subsection (l) of this
Section, as averaged across the calendar years 2014, 2015, and
2016. After 2017, the deemed value of cumulative persisting
annual savings from energy efficiency measures and programs
implemented during the period beginning January 1, 2012 and
ending December 31, 2017, shall be reduced each year, as
follows, and the applicable value shall be applied to and
count toward the utility's achievement of the cumulative
persisting annual savings goals set forth in subsection (b-5):
(1) 5.8% deemed cumulative persisting annual savings
for the year ending December 31, 2018;
(2) 5.2% deemed cumulative persisting annual savings

SB2437 - 1233 - LRB103 26700 AMC 53063 b
for the year ending December 31, 2019;
(3) 4.5% deemed cumulative persisting annual savings
for the year ending December 31, 2020;
(4) 4.0% deemed cumulative persisting annual savings
for the year ending December 31, 2021;
(5) 3.5% deemed cumulative persisting annual savings
for the year ending December 31, 2022;
(6) 3.1% deemed cumulative persisting annual savings
for the year ending December 31, 2023;
(7) 2.8% deemed cumulative persisting annual savings
for the year ending December 31, 2024;
(8) 2.5% deemed cumulative persisting annual savings
for the year ending December 31, 2025;
(9) 2.3% deemed cumulative persisting annual savings
for the year ending December 31, 2026;
(10) 2.1% deemed cumulative persisting annual savings
for the year ending December 31, 2027;
(11) 1.8% deemed cumulative persisting annual savings
for the year ending December 31, 2028;
(12) 1.7% deemed cumulative persisting annual savings
for the year ending December 31, 2029;
(13) 1.5% deemed cumulative persisting annual savings
for the year ending December 31, 2030;
(14) 1.3% deemed cumulative persisting annual savings
for the year ending December 31, 2031;
(15) 1.1% deemed cumulative persisting annual savings

SB2437 - 1234 - LRB103 26700 AMC 53063 b
for the year ending December 31, 2032;
(16) 0.9% deemed cumulative persisting annual savings
for the year ending December 31, 2033;
(17) 0.7% deemed cumulative persisting annual savings
for the year ending December 31, 2034;
(18) 0.5% deemed cumulative persisting annual savings
for the year ending December 31, 2035;
(19) 0.4% deemed cumulative persisting annual savings
for the year ending December 31, 2036;
(20) 0.3% deemed cumulative persisting annual savings
for the year ending December 31, 2037;
(21) 0.2% deemed cumulative persisting annual savings
for the year ending December 31, 2038;
(22) 0.1% deemed cumulative persisting annual savings
for the year ending December 31, 2039; and
(23) 0.0% deemed cumulative persisting annual savings
for the year ending December 31, 2040 and all subsequent
years.
For purposes of this Section, "cumulative persisting
annual savings" means the total electric energy savings in a
given year from measures installed in that year or in previous
years, but no earlier than January 1, 2012, that are still
operational and providing savings in that year because the
measures have not yet reached the end of their useful lives.
(b-5) Beginning in 2018, electric utilities subject to
this Section that serve more than 3,000,000 retail customers

SB2437 - 1235 - LRB103 26700 AMC 53063 b
in the State shall achieve the following cumulative persisting
annual savings goals, as modified by subsection (f) of this
Section and as compared to the deemed baseline of 88,000,000
MWhs of electric power and energy sales set forth in
subsection (b), as reduced by the number of MWhs equal to the
sum of the annual consumption of customers that have opted out
of subsections (a) through (j) of this Section under paragraph
(1) of subsection (l) of this Section as averaged across the
calendar years 2014, 2015, and 2016, through the
implementation of energy efficiency measures during the
applicable year and in prior years, but no earlier than
January 1, 2012:
(1) 7.8% cumulative persisting annual savings for the
year ending December 31, 2018;
(2) 9.1% cumulative persisting annual savings for the
year ending December 31, 2019;
(3) 10.4% cumulative persisting annual savings for the
year ending December 31, 2020;
(4) 11.8% cumulative persisting annual savings for the
year ending December 31, 2021;
(5) 13.1% cumulative persisting annual savings for the
year ending December 31, 2022;
(6) 14.4% cumulative persisting annual savings for the
year ending December 31, 2023;
(7) 15.7% cumulative persisting annual savings for the
year ending December 31, 2024;

SB2437 - 1236 - LRB103 26700 AMC 53063 b
(8) 17% cumulative persisting annual savings for the
year ending December 31, 2025;
(9) 17.9% cumulative persisting annual savings for the
year ending December 31, 2026;
(10) 18.8% cumulative persisting annual savings for
the year ending December 31, 2027;
(11) 19.7% cumulative persisting annual savings for
the year ending December 31, 2028;
(12) 20.6% cumulative persisting annual savings for
the year ending December 31, 2029; and
(13) 21.5% cumulative persisting annual savings for
the year ending December 31, 2030.
No later than December 31, 2021, the Illinois Commerce
Commission shall establish additional cumulative persisting
annual savings goals for the years 2031 through 2035. No later
than December 31, 2024, the Illinois Commerce Commission shall
establish additional cumulative persisting annual savings
goals for the years 2036 through 2040. The Commission shall
also establish additional cumulative persisting annual savings
goals every 5 years thereafter to ensure that utilities always
have goals that extend at least 11 years into the future. The
cumulative persisting annual savings goals beyond the year
2030 shall increase by 0.9 percentage points per year, absent
a Commission decision to initiate a proceeding to consider
establishing goals that increase by more or less than that
amount. Such a proceeding must be conducted in accordance with

SB2437 - 1237 - LRB103 26700 AMC 53063 b
the procedures described in subsection (f) of this Section. If
such a proceeding is initiated, the cumulative persisting
annual savings goals established by the Commission through
that proceeding shall reflect the Commission's best estimate
of the maximum amount of additional savings that are forecast
to be cost-effectively achievable unless such best estimates
would result in goals that represent less than 0.5 percentage
point annual increases in total cumulative persisting annual
savings. The Commission may only establish goals that
represent less than 0.5 percentage point annual increases in
cumulative persisting annual savings if it can demonstrate,
based on clear and convincing evidence and through independent
analysis, that 0.5 percentage point increases are not
cost-effectively achievable. The Commission shall inform its
decision based on an energy efficiency potential study that
conforms to the requirements of this Section.
(b-10) For purposes of this Section, electric utilities
subject to this Section that serve less than 3,000,000 retail
customers but more than 500,000 retail customers in the State
shall be deemed to have achieved a cumulative persisting
annual savings of 6.6% from energy efficiency measures and
programs implemented during the period beginning January 1,
2012 and ending December 31, 2017, which is based on the deemed
average weather normalized sales of electric power and energy
during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.
For the purposes of this subsection (b-10) and subsection

SB2437 - 1238 - LRB103 26700 AMC 53063 b
(b-15), the 36,900,000 MWhs of deemed electric power and
energy sales shall be reduced by the number of MWhs equal to
the sum of the annual consumption of customers that have opted
out of subsections (a) through (j) of this Section under
paragraph (1) of subsection (l) of this Section, as averaged
across the calendar years 2014, 2015, and 2016. After 2017,
the deemed value of cumulative persisting annual savings from
energy efficiency measures and programs implemented during the
period beginning January 1, 2012 and ending December 31, 2017,
shall be reduced each year, as follows, and the applicable
value shall be applied to and count toward the utility's
achievement of the cumulative persisting annual savings goals
set forth in subsection (b-15):
(1) 5.8% deemed cumulative persisting annual savings
for the year ending December 31, 2018;
(2) 5.2% deemed cumulative persisting annual savings
for the year ending December 31, 2019;
(3) 4.5% deemed cumulative persisting annual savings
for the year ending December 31, 2020;
(4) 4.0% deemed cumulative persisting annual savings
for the year ending December 31, 2021;
(5) 3.5% deemed cumulative persisting annual savings
for the year ending December 31, 2022;
(6) 3.1% deemed cumulative persisting annual savings
for the year ending December 31, 2023;
(7) 2.8% deemed cumulative persisting annual savings

SB2437 - 1239 - LRB103 26700 AMC 53063 b
for the year ending December 31, 2024;
(8) 2.5% deemed cumulative persisting annual savings
for the year ending December 31, 2025;
(9) 2.3% deemed cumulative persisting annual savings
for the year ending December 31, 2026;
(10) 2.1% deemed cumulative persisting annual savings
for the year ending December 31, 2027;
(11) 1.8% deemed cumulative persisting annual savings
for the year ending December 31, 2028;
(12) 1.7% deemed cumulative persisting annual savings
for the year ending December 31, 2029;
(13) 1.5% deemed cumulative persisting annual savings
for the year ending December 31, 2030;
(14) 1.3% deemed cumulative persisting annual savings
for the year ending December 31, 2031;
(15) 1.1% deemed cumulative persisting annual savings
for the year ending December 31, 2032;
(16) 0.9% deemed cumulative persisting annual savings
for the year ending December 31, 2033;
(17) 0.7% deemed cumulative persisting annual savings
for the year ending December 31, 2034;
(18) 0.5% deemed cumulative persisting annual savings
for the year ending December 31, 2035;
(19) 0.4% deemed cumulative persisting annual savings
for the year ending December 31, 2036;
(20) 0.3% deemed cumulative persisting annual savings

SB2437 - 1240 - LRB103 26700 AMC 53063 b
for the year ending December 31, 2037;
(21) 0.2% deemed cumulative persisting annual savings
for the year ending December 31, 2038;
(22) 0.1% deemed cumulative persisting annual savings
for the year ending December 31, 2039; and
(23) 0.0% deemed cumulative persisting annual savings
for the year ending December 31, 2040 and all subsequent
years.
(b-15) Beginning in 2018, electric utilities subject to
this Section that serve less than 3,000,000 retail customers
but more than 500,000 retail customers in the State shall
achieve the following cumulative persisting annual savings
goals, as modified by subsection (b-20) and subsection (f) of
this Section and as compared to the deemed baseline as reduced
by the number of MWhs equal to the sum of the annual
consumption of customers that have opted out of subsections
(a) through (j) of this Section under paragraph (1) of
subsection (l) of this Section as averaged across the calendar
years 2014, 2015, and 2016, through the implementation of
energy efficiency measures during the applicable year and in
prior years, but no earlier than January 1, 2012:
(1) 7.4% cumulative persisting annual savings for the
year ending December 31, 2018;
(2) 8.2% cumulative persisting annual savings for the
year ending December 31, 2019;
(3) 9.0% cumulative persisting annual savings for the

SB2437 - 1241 - LRB103 26700 AMC 53063 b
year ending December 31, 2020;
(4) 9.8% cumulative persisting annual savings for the
year ending December 31, 2021;
(5) 10.6% cumulative persisting annual savings for the
year ending December 31, 2022;
(6) 11.4% cumulative persisting annual savings for the
year ending December 31, 2023;
(7) 12.2% cumulative persisting annual savings for the
year ending December 31, 2024;
(8) 13% cumulative persisting annual savings for the
year ending December 31, 2025;
(9) 13.6% cumulative persisting annual savings for the
year ending December 31, 2026;
(10) 14.2% cumulative persisting annual savings for
the year ending December 31, 2027;
(11) 14.8% cumulative persisting annual savings for
the year ending December 31, 2028;
(12) 15.4% cumulative persisting annual savings for
the year ending December 31, 2029; and
(13) 16% cumulative persisting annual savings for the
year ending December 31, 2030.
No later than December 31, 2021, the Illinois Commerce
Commission shall establish additional cumulative persisting
annual savings goals for the years 2031 through 2035. No later
than December 31, 2024, the Illinois Commerce Commission shall
establish additional cumulative persisting annual savings

SB2437 - 1242 - LRB103 26700 AMC 53063 b
goals for the years 2036 through 2040. The Commission shall
also establish additional cumulative persisting annual savings
goals every 5 years thereafter to ensure that utilities always
have goals that extend at least 11 years into the future. The
cumulative persisting annual savings goals beyond the year
2030 shall increase by 0.6 percentage points per year, absent
a Commission decision to initiate a proceeding to consider
establishing goals that increase by more or less than that
amount. Such a proceeding must be conducted in accordance with
the procedures described in subsection (f) of this Section. If
such a proceeding is initiated, the cumulative persisting
annual savings goals established by the Commission through
that proceeding shall reflect the Commission's best estimate
of the maximum amount of additional savings that are forecast
to be cost-effectively achievable unless such best estimates
would result in goals that represent less than 0.4 percentage
point annual increases in total cumulative persisting annual
savings. The Commission may only establish goals that
represent less than 0.4 percentage point annual increases in
cumulative persisting annual savings if it can demonstrate,
based on clear and convincing evidence and through independent
analysis, that 0.4 percentage point increases are not
cost-effectively achievable. The Commission shall inform its
decision based on an energy efficiency potential study that
conforms to the requirements of this Section.
(b-20) Each electric utility subject to this Section may

SB2437 - 1243 - LRB103 26700 AMC 53063 b
include cost-effective voltage optimization measures in its
plans submitted under subsections (f) and (g) of this Section,
and the costs incurred by a utility to implement the measures
under a Commission-approved plan shall be recovered under the
provisions of Article IX or Section 16-108.5 of this Act. For
purposes of this Section, the measure life of voltage
optimization measures shall be 15 years. The measure life
period is independent of the depreciation rate of the voltage
optimization assets deployed. Utilities may claim savings from
voltage optimization on circuits for more than 15 years if
they can demonstrate that they have made additional
investments necessary to enable voltage optimization savings
to continue beyond 15 years. Such demonstrations must be
subject to the review of independent evaluation.
Within 270 days after June 1, 2017 (the effective date of
Public Act 99-906), an electric utility that serves less than
3,000,000 retail customers but more than 500,000 retail
customers in the State shall file a plan with the Commission
that identifies the cost-effective voltage optimization
investment the electric utility plans to undertake through
December 31, 2024. The Commission, after notice and hearing,
shall approve or approve with modification the plan within 120
days after the plan's filing and, in the order approving or
approving with modification the plan, the Commission shall
adjust the applicable cumulative persisting annual savings
goals set forth in subsection (b-15) to reflect any amount of

SB2437 - 1244 - LRB103 26700 AMC 53063 b
cost-effective energy savings approved by the Commission that
is greater than or less than the following cumulative
persisting annual savings values attributable to voltage
optimization for the applicable year:
(1) 0.0% of cumulative persisting annual savings for
the year ending December 31, 2018;
(2) 0.17% of cumulative persisting annual savings for
the year ending December 31, 2019;
(3) 0.17% of cumulative persisting annual savings for
the year ending December 31, 2020;
(4) 0.33% of cumulative persisting annual savings for
the year ending December 31, 2021;
(5) 0.5% of cumulative persisting annual savings for
the year ending December 31, 2022;
(6) 0.67% of cumulative persisting annual savings for
the year ending December 31, 2023;
(7) 0.83% of cumulative persisting annual savings for
the year ending December 31, 2024; and
(8) 1.0% of cumulative persisting annual savings for
the year ending December 31, 2025 and all subsequent
years.
(b-25) In the event an electric utility jointly offers an
energy efficiency measure or program with a gas utility under
plans approved under this Section and Section 8-104 of this
Act, the electric utility may continue offering the program,
including the gas energy efficiency measures, in the event the

SB2437 - 1245 - LRB103 26700 AMC 53063 b
gas utility discontinues funding the program. In that event,
the energy savings value associated with such other fuels
shall be converted to electric energy savings on an equivalent
Btu basis for the premises. However, the electric utility
shall prioritize programs for low-income residential customers
to the extent practicable. An electric utility may recover the
costs of offering the gas energy efficiency measures under
this subsection (b-25).
For those energy efficiency measures or programs that save
both electricity and other fuels but are not jointly offered
with a gas utility under plans approved under this Section and
Section 8-104 or not offered with an affiliated gas utility
under paragraph (6) of subsection (f) of Section 8-104 of this
Act, the electric utility may count savings of fuels other
than electricity toward the achievement of its annual savings
goal, and the energy savings value associated with such other
fuels shall be converted to electric energy savings on an
equivalent Btu basis at the premises.
In no event shall more than 10% of each year's applicable
annual total savings requirement as defined in paragraph (7.5)
of subsection (g) of this Section be met through savings of
fuels other than electricity.
(b-27) Beginning in 2022, an electric utility may offer
and promote measures that electrify space heating, water
heating, cooling, drying, cooking, industrial processes, and
other building and industrial end uses that would otherwise be

SB2437 - 1246 - LRB103 26700 AMC 53063 b
served by combustion of fossil fuel at the premises, provided
that the electrification measures reduce total energy
consumption at the premises. The electric utility may count
the reduction in energy consumption at the premises toward
achievement of its annual savings goals. The reduction in
energy consumption at the premises shall be calculated as the
difference between: (A) the reduction in Btu consumption of
fossil fuels as a result of electrification, converted to
kilowatt-hour equivalents by dividing by 3,412 Btus Btu's per
kilowatt hour; and (B) the increase in kilowatt hours of
electricity consumption resulting from the displacement of
fossil fuel consumption as a result of electrification. An
electric utility may recover the costs of offering and
promoting electrification measures under this subsection
(b-27).
In no event shall electrification savings counted toward
each year's applicable annual total savings requirement, as
defined in paragraph (7.5) of subsection (g) of this Section,
be greater than:
(1) 5% per year for each year from 2022 through 2025;
(2) 10% per year for each year from 2026 through 2029;
and
(3) 15% per year for 2030 and all subsequent years.
In addition, a minimum of 25% of all electrification savings
counted toward a utility's applicable annual total savings
requirement must be from electrification of end uses in

SB2437 - 1247 - LRB103 26700 AMC 53063 b
low-income housing. The limitations on electrification savings
that may be counted toward a utility's annual savings goals
are separate from and in addition to the subsection (b-25)
limitations governing the counting of the other fuel savings
resulting from efficiency measures and programs.
As part of the annual informational filing to the
Commission that is required under paragraph (9) of subsection
(g) of this Section, each utility shall identify the specific
electrification measures offered under this subsection
subjection (b-27); the quantity of each electrification
measure that was installed by its customers; the average total
cost, average utility cost, average reduction in fossil fuel
consumption, and average increase in electricity consumption
associated with each electrification measure; the portion of
installations of each electrification measure that were in
low-income single-family housing, low-income multifamily
housing, non-low-income single-family housing, non-low-income
multifamily housing, commercial buildings, and industrial
facilities; and the quantity of savings associated with each
measure category in each customer category that are being
counted toward the utility's applicable annual total savings
requirement. Prior to installing an electrification measure,
the utility shall provide a customer with an estimate of the
impact of the new measure on the customer's average monthly
electric bill and total annual energy expenses.
(c) Electric utilities shall be responsible for overseeing

SB2437 - 1248 - LRB103 26700 AMC 53063 b
the design, development, and filing of energy efficiency plans
with the Commission and may, as part of that implementation,
outsource various aspects of program development and
implementation. A minimum of 10%, for electric utilities that
serve more than 3,000,000 retail customers in the State, and a
minimum of 7%, for electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State, of the utility's entire portfolio
funding level for a given year shall be used to procure
cost-effective energy efficiency measures from units of local
government, municipal corporations, school districts, public
housing, and community college districts, provided that a
minimum percentage of available funds shall be used to procure
energy efficiency from public housing, which percentage shall
be equal to public housing's share of public building energy
consumption.
The utilities shall also implement energy efficiency
measures targeted at low-income households, which, for
purposes of this Section, shall be defined as households at or
below 80% of area median income, and expenditures to implement
the measures shall be no less than $40,000,000 per year for
electric utilities that serve more than 3,000,000 retail
customers in the State and no less than $13,000,000 per year
for electric utilities that serve less than 3,000,000 retail
customers but more than 500,000 retail customers in the State.
The ratio of spending on efficiency programs targeted at

SB2437 - 1249 - LRB103 26700 AMC 53063 b
low-income multifamily buildings to spending on efficiency
programs targeted at low-income single-family buildings shall
be designed to achieve levels of savings from each building
type that are approximately proportional to the magnitude of
cost-effective lifetime savings potential in each building
type. Investment in low-income whole-building weatherization
programs shall constitute a minimum of 80% of a utility's
total budget specifically dedicated to serving low-income
customers.
The utilities shall work to bundle low-income energy
efficiency offerings with other programs that serve low-income
households to maximize the benefits going to these households.
The utilities shall market and implement low-income energy
efficiency programs in coordination with low-income assistance
programs, the Illinois Solar for All Program, and
weatherization whenever practicable. The program implementer
shall walk the customer through the enrollment process for any
programs for which the customer is eligible. The utilities
shall also pilot targeting customers with high arrearages,
high energy intensity (ratio of energy usage divided by home
or unit square footage), or energy assistance programs with
energy efficiency offerings, and then track reduction in
arrearages as a result of the targeting. This targeting and
bundling of low-income energy programs shall be offered to
both low-income single-family and multifamily customers
(owners and residents).

SB2437 - 1250 - LRB103 26700 AMC 53063 b
The utilities shall invest in health and safety measures
appropriate and necessary for comprehensively weatherizing a
home or multifamily building, and shall implement a health and
safety fund of at least 15% of the total income-qualified
weatherization budget that shall be used for the purpose of
making grants for technical assistance, construction,
reconstruction, improvement, or repair of buildings to
facilitate their participation in the energy efficiency
programs targeted at low-income single-family and multifamily
households. These funds may also be used for the purpose of
making grants for technical assistance, construction,
reconstruction, improvement, or repair of the following
buildings to facilitate their participation in the energy
efficiency programs created by this Section: (1) buildings
that are owned or operated by registered 501(c)(3) public
charities; and (2) day care centers, day care homes, or group
day care homes, as defined under 89 Ill. Adm. Code Part 406,
407, or 408, respectively.
Each electric utility shall assess opportunities to
implement cost-effective energy efficiency measures and
programs through a public housing authority or authorities
located in its service territory. If such opportunities are
identified, the utility shall propose such measures and
programs to address the opportunities. Expenditures to address
such opportunities shall be credited toward the minimum
procurement and expenditure requirements set forth in this

SB2437 - 1251 - LRB103 26700 AMC 53063 b
subsection (c).
Implementation of energy efficiency measures and programs
targeted at low-income households should be contracted, when
it is practicable, to independent third parties that have
demonstrated capabilities to serve such households, with a
preference for not-for-profit entities and government agencies
that have existing relationships with or experience serving
low-income communities in the State.
Each electric utility shall develop and implement
reporting procedures that address and assist in determining
the amount of energy savings that can be applied to the
low-income procurement and expenditure requirements set forth
in this subsection (c). Each electric utility shall also track
the types and quantities or volumes of insulation and air
sealing materials, and their associated energy saving
benefits, installed in energy efficiency programs targeted at
low-income single-family and multifamily households.
The electric utilities shall participate in a low-income
energy efficiency accountability committee ("the committee"),
which will directly inform the design, implementation, and
evaluation of the low-income and public-housing energy
efficiency programs. The committee shall be comprised of the
electric utilities subject to the requirements of this
Section, the gas utilities subject to the requirements of
Section 8-104 of this Act, the utilities' low-income energy
efficiency implementation contractors, nonprofit

SB2437 - 1252 - LRB103 26700 AMC 53063 b
organizations, community action agencies, advocacy groups,
State and local governmental agencies, public-housing
organizations, and representatives of community-based
organizations, especially those living in or working with
environmental justice communities and BIPOC communities. The
committee shall be composed of 2 geographically differentiated
subcommittees: one for stakeholders in northern Illinois and
one for stakeholders in central and southern Illinois. The
subcommittees shall meet together at least twice per year.
There shall be one statewide leadership committee led by
and composed of community-based organizations that are
representative of BIPOC and environmental justice communities
and that includes equitable representation from BIPOC
communities. The leadership committee shall be composed of an
equal number of representatives from the 2 subcommittees. The
subcommittees shall address specific programs and issues, with
the leadership committee convening targeted workgroups as
needed. The leadership committee may elect to work with an
independent facilitator to solicit and organize feedback,
recommendations and meeting participation from a wide variety
of community-based stakeholders. If a facilitator is used,
they shall be fair and responsive to the needs of all
stakeholders involved in the committee.
All committee meetings must be accessible, with rotating
locations if meetings are held in-person, virtual
participation options, and materials and agendas circulated in

SB2437 - 1253 - LRB103 26700 AMC 53063 b
advance.
There shall also be opportunities for direct input by
committee members outside of committee meetings, such as via
individual meetings, surveys, emails and calls, to ensure
robust participation by stakeholders with limited capacity and
ability to attend committee meetings. Committee meetings shall
emphasize opportunities to bundle and coordinate delivery of
low-income energy efficiency with other programs that serve
low-income communities, such as the Illinois Solar for All
Program and bill payment assistance programs. Meetings shall
include educational opportunities for stakeholders to learn
more about these additional offerings, and the committee shall
assist in figuring out the best methods for coordinated
delivery and implementation of offerings when serving
low-income communities. The committee shall directly and
equitably influence and inform utility low-income and
public-housing energy efficiency programs and priorities.
Participating utilities shall implement recommendations from
the committee whenever possible.
Participating utilities shall track and report how input
from the committee has led to new approaches and changes in
their energy efficiency portfolios. This reporting shall occur
at committee meetings and in quarterly energy efficiency
reports to the Stakeholder Advisory Group and Illinois
Commerce Commission, and other relevant reporting mechanisms.
Participating utilities shall also report on relevant equity

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data and metrics requested by the committee, such as energy
burden data, geographic, racial, and other relevant
demographic data on where programs are being delivered and
what populations programs are serving.
The Illinois Commerce Commission shall oversee and have
relevant staff participate in the committee. The committee
shall have a budget of 0.25% of each utility's entire
efficiency portfolio funding for a given year. The budget
shall be overseen by the Commission. The budget shall be used
to provide grants for community-based organizations serving on
the leadership committee, stipends for community-based
organizations participating in the committee, grants for
community-based organizations to do energy efficiency outreach
and education, and relevant meeting needs as determined by the
leadership committee. The education and outreach shall
include, but is not limited to, basic energy efficiency
education, information about low-income energy efficiency
programs, and information on the committee's purpose,
structure, and activities.
(d) Notwithstanding any other provision of law to the
contrary, a utility providing approved energy efficiency
measures and, if applicable, demand-response measures in the
State shall be permitted to recover all reasonable and
prudently incurred costs of those measures from all retail
customers, except as provided in subsection (l) of this
Section, as follows, provided that nothing in this subsection

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(d) permits the double recovery of such costs from customers:
(1) The utility may recover its costs through an
automatic adjustment clause tariff filed with and approved
by the Commission. The tariff shall be established outside
the context of a general rate case. Each year the
Commission shall initiate a review to reconcile any
amounts collected with the actual costs and to determine
the required adjustment to the annual tariff factor to
match annual expenditures. To enable the financing of the
incremental capital expenditures, including regulatory
assets, for electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State, the utility's actual year-end
capital structure that includes a common equity ratio,
excluding goodwill, of up to and including 50% of the
total capital structure shall be deemed reasonable and
used to set rates.
(2) A utility may recover its costs through an energy
efficiency formula rate approved by the Commission under a
filing under subsections (f) and (g) of this Section,
which shall specify the cost components that form the
basis of the rate charged to customers with sufficient
specificity to operate in a standardized manner and be
updated annually with transparent information that
reflects the utility's actual costs to be recovered during
the applicable rate year, which is the period beginning

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with the first billing day of January and extending
through the last billing day of the following December.
The energy efficiency formula rate shall be implemented
through a tariff filed with the Commission under
subsections (f) and (g) of this Section that is consistent
with the provisions of this paragraph (2) and that shall
be applicable to all delivery services customers. The
Commission shall conduct an investigation of the tariff in
a manner consistent with the provisions of this paragraph
(2), subsections (f) and (g) of this Section, and the
provisions of Article IX of this Act to the extent they do
not conflict with this paragraph (2). The energy
efficiency formula rate approved by the Commission shall
remain in effect at the discretion of the utility and
shall do the following:
(A) Provide for the recovery of the utility's
actual costs incurred under this Section that are
prudently incurred and reasonable in amount consistent
with Commission practice and law. The sole fact that a
cost differs from that incurred in a prior calendar
year or that an investment is different from that made
in a prior calendar year shall not imply the
imprudence or unreasonableness of that cost or
investment.
(B) Reflect the utility's actual year-end capital
structure for the applicable calendar year, excluding

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goodwill, subject to a determination of prudence and
reasonableness consistent with Commission practice and
law. To enable the financing of the incremental
capital expenditures, including regulatory assets, for
electric utilities that serve less than 3,000,000
retail customers but more than 500,000 retail
customers in the State, a participating electric
utility's actual year-end capital structure that
includes a common equity ratio, excluding goodwill, of
up to and including 50% of the total capital structure
shall be deemed reasonable and used to set rates.
(C) Include a cost of equity, which shall be
calculated as the sum of the following:
(i) the average for the applicable calendar
year of the monthly average yields of 30-year U.S.
Treasury bonds published by the Board of Governors
of the Federal Reserve System in its weekly H.15
Statistical Release or successor publication; and
(ii) 580 basis points.
At such time as the Board of Governors of the
Federal Reserve System ceases to include the monthly
average yields of 30-year U.S. Treasury bonds in its
weekly H.15 Statistical Release or successor
publication, the monthly average yields of the U.S.
Treasury bonds then having the longest duration
published by the Board of Governors in its weekly H.15

SB2437 - 1258 - LRB103 26700 AMC 53063 b
Statistical Release or successor publication shall
instead be used for purposes of this paragraph (2).
(D) Permit and set forth protocols, subject to a
determination of prudence and reasonableness
consistent with Commission practice and law, for the
following:
(i) recovery of incentive compensation expense
that is based on the achievement of operational
metrics, including metrics related to budget
controls, outage duration and frequency, safety,
customer service, efficiency and productivity, and
environmental compliance; however, this protocol
shall not apply if such expense related to costs
incurred under this Section is recovered under
Article IX or Section 16-108.5 of this Act;
incentive compensation expense that is based on
net income or an affiliate's earnings per share
shall not be recoverable under the energy
efficiency formula rate;
(ii) recovery of pension and other
post-employment benefits expense, provided that
such costs are supported by an actuarial study;
however, this protocol shall not apply if such
expense related to costs incurred under this
Section is recovered under Article IX or Section
16-108.5 of this Act;

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(iii) recovery of existing regulatory assets
over the periods previously authorized by the
Commission;
(iv) as described in subsection (e),
amortization of costs incurred under this Section;
and
(v) projected, weather normalized billing
determinants for the applicable rate year.
(E) Provide for an annual reconciliation, as
described in paragraph (3) of this subsection (d),
less any deferred taxes related to the reconciliation,
with interest at an annual rate of return equal to the
utility's weighted average cost of capital, including
a revenue conversion factor calculated to recover or
refund all additional income taxes that may be payable
or receivable as a result of that return, of the energy
efficiency revenue requirement reflected in rates for
each calendar year, beginning with the calendar year
in which the utility files its energy efficiency
formula rate tariff under this paragraph (2), with
what the revenue requirement would have been had the
actual cost information for the applicable calendar
year been available at the filing date.
The utility shall file, together with its tariff, the
projected costs to be incurred by the utility during the
rate year under the utility's multi-year plan approved

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under subsections (f) and (g) of this Section, including,
but not limited to, the projected capital investment costs
and projected regulatory asset balances with
correspondingly updated depreciation and amortization
reserves and expense, that shall populate the energy
efficiency formula rate and set the initial rates under
the formula.
The Commission shall review the proposed tariff in
conjunction with its review of a proposed multi-year plan,
as specified in paragraph (5) of subsection (g) of this
Section. The review shall be based on the same evidentiary
standards, including, but not limited to, those concerning
the prudence and reasonableness of the costs incurred by
the utility, the Commission applies in a hearing to review
a filing for a general increase in rates under Article IX
of this Act. The initial rates shall take effect beginning
with the January monthly billing period following the
Commission's approval.
The tariff's rate design and cost allocation across
customer classes shall be consistent with the utility's
automatic adjustment clause tariff in effect on June 1,
2017 (the effective date of Public Act 99-906); however,
the Commission may revise the tariff's rate design and
cost allocation in subsequent proceedings under paragraph
(3) of this subsection (d).
If the energy efficiency formula rate is terminated,

SB2437 - 1261 - LRB103 26700 AMC 53063 b
the then current rates shall remain in effect until such
time as the energy efficiency costs are incorporated into
new rates that are set under this subsection (d) or
Article IX of this Act, subject to retroactive rate
adjustment, with interest, to reconcile rates charged with
actual costs.
(3) The provisions of this paragraph (3) shall only
apply to an electric utility that has elected to file an
energy efficiency formula rate under paragraph (2) of this
subsection (d). Subsequent to the Commission's issuance of
an order approving the utility's energy efficiency formula
rate structure and protocols, and initial rates under
paragraph (2) of this subsection (d), the utility shall
file, on or before June 1 of each year, with the Chief
Clerk of the Commission its updated cost inputs to the
energy efficiency formula rate for the applicable rate
year and the corresponding new charges, as well as the
information described in paragraph (9) of subsection (g)
of this Section. Each such filing shall conform to the
following requirements and include the following
information:
(A) The inputs to the energy efficiency formula
rate for the applicable rate year shall be based on the
projected costs to be incurred by the utility during
the rate year under the utility's multi-year plan
approved under subsections (f) and (g) of this

SB2437 - 1262 - LRB103 26700 AMC 53063 b
Section, including, but not limited to, projected
capital investment costs and projected regulatory
asset balances with correspondingly updated
depreciation and amortization reserves and expense.
The filing shall also include a reconciliation of the
energy efficiency revenue requirement that was in
effect for the prior rate year (as set by the cost
inputs for the prior rate year) with the actual
revenue requirement for the prior rate year
(determined using a year-end rate base) that uses
amounts reflected in the applicable FERC Form 1 that
reports the actual costs for the prior rate year. Any
over-collection or under-collection indicated by such
reconciliation shall be reflected as a credit against,
or recovered as an additional charge to, respectively,
with interest calculated at a rate equal to the
utility's weighted average cost of capital approved by
the Commission for the prior rate year, the charges
for the applicable rate year. Such over-collection or
under-collection shall be adjusted to remove any
deferred taxes related to the reconciliation, for
purposes of calculating interest at an annual rate of
return equal to the utility's weighted average cost of
capital approved by the Commission for the prior rate
year, including a revenue conversion factor calculated
to recover or refund all additional income taxes that

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may be payable or receivable as a result of that
return. Each reconciliation shall be certified by the
participating utility in the same manner that FERC
Form 1 is certified. The filing shall also include the
charge or credit, if any, resulting from the
calculation required by subparagraph (E) of paragraph
(2) of this subsection (d).
Notwithstanding any other provision of law to the
contrary, the intent of the reconciliation is to
ultimately reconcile both the revenue requirement
reflected in rates for each calendar year, beginning
with the calendar year in which the utility files its
energy efficiency formula rate tariff under paragraph
(2) of this subsection (d), with what the revenue
requirement determined using a year-end rate base for
the applicable calendar year would have been had the
actual cost information for the applicable calendar
year been available at the filing date.
For purposes of this Section, "FERC Form 1" means
the Annual Report of Major Electric Utilities,
Licensees and Others that electric utilities are
required to file with the Federal Energy Regulatory
Commission under the Federal Power Act, Sections 3,
4(a), 304 and 209, modified as necessary to be
consistent with 83 Ill. Adm. Admin. Code Part 415 as of
May 1, 2011. Nothing in this Section is intended to

SB2437 - 1264 - LRB103 26700 AMC 53063 b
allow costs that are not otherwise recoverable to be
recoverable by virtue of inclusion in FERC Form 1.
(B) The new charges shall take effect beginning on
the first billing day of the following January billing
period and remain in effect through the last billing
day of the next December billing period regardless of
whether the Commission enters upon a hearing under
this paragraph (3).
(C) The filing shall include relevant and
necessary data and documentation for the applicable
rate year. Normalization adjustments shall not be
required.
Within 45 days after the utility files its annual
update of cost inputs to the energy efficiency formula
rate, the Commission shall with reasonable notice,
initiate a proceeding concerning whether the projected
costs to be incurred by the utility and recovered during
the applicable rate year, and that are reflected in the
inputs to the energy efficiency formula rate, are
consistent with the utility's approved multi-year plan
under subsections (f) and (g) of this Section and whether
the costs incurred by the utility during the prior rate
year were prudent and reasonable. The Commission shall
also have the authority to investigate the information and
data described in paragraph (9) of subsection (g) of this
Section, including the proposed adjustment to the

SB2437 - 1265 - LRB103 26700 AMC 53063 b
utility's return on equity component of its weighted
average cost of capital. During the course of the
proceeding, each objection shall be stated with
particularity and evidence provided in support thereof,
after which the utility shall have the opportunity to
rebut the evidence. Discovery shall be allowed consistent
with the Commission's Rules of Practice, which Rules of
Practice shall be enforced by the Commission or the
assigned administrative law judge. The Commission shall
apply the same evidentiary standards, including, but not
limited to, those concerning the prudence and
reasonableness of the costs incurred by the utility,
during the proceeding as it would apply in a proceeding to
review a filing for a general increase in rates under
Article IX of this Act. The Commission shall not, however,
have the authority in a proceeding under this paragraph
(3) to consider or order any changes to the structure or
protocols of the energy efficiency formula rate approved
under paragraph (2) of this subsection (d). In a
proceeding under this paragraph (3), the Commission shall
enter its order no later than the earlier of 195 days after
the utility's filing of its annual update of cost inputs
to the energy efficiency formula rate or December 15. The
utility's proposed return on equity calculation, as
described in paragraphs (7) through (9) of subsection (g)
of this Section, shall be deemed the final, approved

SB2437 - 1266 - LRB103 26700 AMC 53063 b
calculation on December 15 of the year in which it is filed
unless the Commission enters an order on or before
December 15, after notice and hearing, that modifies such
calculation consistent with this Section. The Commission's
determinations of the prudence and reasonableness of the
costs incurred, and determination of such return on equity
calculation, for the applicable calendar year shall be
final upon entry of the Commission's order and shall not
be subject to reopening, reexamination, or collateral
attack in any other Commission proceeding, case, docket,
order, rule, or regulation; however, nothing in this
paragraph (3) shall prohibit a party from petitioning the
Commission to rehear or appeal to the courts the order
under the provisions of this Act.
(e) Beginning on June 1, 2017 (the effective date of
Public Act 99-906), a utility subject to the requirements of
this Section may elect to defer, as a regulatory asset, up to
the full amount of its expenditures incurred under this
Section for each annual period, including, but not limited to,
any expenditures incurred above the funding level set by
subsection (f) of this Section for a given year. The total
expenditures deferred as a regulatory asset in a given year
shall be amortized and recovered over a period that is equal to
the weighted average of the energy efficiency measure lives
implemented for that year that are reflected in the regulatory
asset. The unamortized balance shall be recognized as of

SB2437 - 1267 - LRB103 26700 AMC 53063 b
December 31 for a given year. The utility shall also earn a
return on the total of the unamortized balances of all of the
energy efficiency regulatory assets, less any deferred taxes
related to those unamortized balances, at an annual rate equal
to the utility's weighted average cost of capital that
includes, based on a year-end capital structure, the utility's
actual cost of debt for the applicable calendar year and a cost
of equity, which shall be calculated as the sum of the (i) the
average for the applicable calendar year of the monthly
average yields of 30-year U.S. Treasury bonds published by the
Board of Governors of the Federal Reserve System in its weekly
H.15 Statistical Release or successor publication; and (ii)
580 basis points, including a revenue conversion factor
calculated to recover or refund all additional income taxes
that may be payable or receivable as a result of that return.
Capital investment costs shall be depreciated and recovered
over their useful lives consistent with generally accepted
accounting principles. The weighted average cost of capital
shall be applied to the capital investment cost balance, less
any accumulated depreciation and accumulated deferred income
taxes, as of December 31 for a given year.
When an electric utility creates a regulatory asset under
the provisions of this Section, the costs are recovered over a
period during which customers also receive a benefit which is
in the public interest. Accordingly, it is the intent of the
General Assembly that an electric utility that elects to

SB2437 - 1268 - LRB103 26700 AMC 53063 b
create a regulatory asset under the provisions of this Section
shall recover all of the associated costs as set forth in this
Section. After the Commission has approved the prudence and
reasonableness of the costs that comprise the regulatory
asset, the electric utility shall be permitted to recover all
such costs, and the value and recoverability through rates of
the associated regulatory asset shall not be limited, altered,
impaired, or reduced.
(f) Beginning in 2017, each electric utility shall file an
energy efficiency plan with the Commission to meet the energy
efficiency standards for the next applicable multi-year period
beginning January 1 of the year following the filing,
according to the schedule set forth in paragraphs (1) through
(3) of this subsection (f). If a utility does not file such a
plan on or before the applicable filing deadline for the plan,
it shall face a penalty of $100,000 per day until the plan is
filed.
(1) No later than 30 days after June 1, 2017 (the
effective date of Public Act 99-906), each electric
utility shall file a 4-year energy efficiency plan
commencing on January 1, 2018 that is designed to achieve
the cumulative persisting annual savings goals specified
in paragraphs (1) through (4) of subsection (b-5) of this
Section or in paragraphs (1) through (4) of subsection
(b-15) of this Section, as applicable, through
implementation of energy efficiency measures; however, the

SB2437 - 1269 - LRB103 26700 AMC 53063 b
goals may be reduced if the utility's expenditures are
limited pursuant to subsection (m) of this Section or, for
a utility that serves less than 3,000,000 retail
customers, if each of the following conditions are met:
(A) the plan's analysis and forecasts of the utility's
ability to acquire energy savings demonstrate that
achievement of such goals is not cost effective; and (B)
the amount of energy savings achieved by the utility as
determined by the independent evaluator for the most
recent year for which savings have been evaluated
preceding the plan filing was less than the average annual
amount of savings required to achieve the goals for the
applicable 4-year plan period. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(2) No later than March 1, 2021, each electric utility
shall file a 4-year energy efficiency plan commencing on
January 1, 2022 that is designed to achieve the cumulative
persisting annual savings goals specified in paragraphs

SB2437 - 1270 - LRB103 26700 AMC 53063 b
(5) through (8) of subsection (b-5) of this Section or in
paragraphs (5) through (8) of subsection (b-15) of this
Section, as applicable, through implementation of energy
efficiency measures; however, the goals may be reduced if
either (1) clear and convincing evidence demonstrates,
through independent analysis, that the expenditure limits
in subsection (m) of this Section preclude full
achievement of the goals or (2) each of the following
conditions are met: (A) the plan's analysis and forecasts
of the utility's ability to acquire energy savings
demonstrate by clear and convincing evidence and through
independent analysis that achievement of such goals is not
cost effective; and (B) the amount of energy savings
achieved by the utility as determined by the independent
evaluator for the most recent year for which savings have
been evaluated preceding the plan filing was less than the
average annual amount of savings required to achieve the
goals for the applicable 4-year plan period. If there is
not clear and convincing evidence that achieving the
savings goals specified in paragraph (b-5) or (b-15) of
this Section is possible both cost-effectively and within
the expenditure limits in subsection (m), such savings
goals shall not be reduced. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to

SB2437 - 1271 - LRB103 26700 AMC 53063 b
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(3) No later than March 1, 2025, each electric utility
shall file a 4-year energy efficiency plan commencing on
January 1, 2026 that is designed to achieve the cumulative
persisting annual savings goals specified in paragraphs
(9) through (12) of subsection (b-5) of this Section or in
paragraphs (9) through (12) of subsection (b-15) of this
Section, as applicable, through implementation of energy
efficiency measures; however, the goals may be reduced if
either (1) clear and convincing evidence demonstrates,
through independent analysis, that the expenditure limits
in subsection (m) of this Section preclude full
achievement of the goals or (2) each of the following
conditions are met: (A) the plan's analysis and forecasts
of the utility's ability to acquire energy savings
demonstrate by clear and convincing evidence and through
independent analysis that achievement of such goals is not
cost effective; and (B) the amount of energy savings
achieved by the utility as determined by the independent
evaluator for the most recent year for which savings have
been evaluated preceding the plan filing was less than the

SB2437 - 1272 - LRB103 26700 AMC 53063 b
average annual amount of savings required to achieve the
goals for the applicable 4-year plan period. If there is
not clear and convincing evidence that achieving the
savings goals specified in paragraphs (b-5) or (b-15) of
this Section is possible both cost-effectively and within
the expenditure limits in subsection (m), such savings
goals shall not be reduced. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(4) No later than March 1, 2029, and every 4 years
thereafter, each electric utility shall file a 4-year
energy efficiency plan commencing on January 1, 2030, and
every 4 years thereafter, respectively, that is designed
to achieve the cumulative persisting annual savings goals
established by the Illinois Commerce Commission pursuant
to direction of subsections (b-5) and (b-15) of this
Section, as applicable, through implementation of energy
efficiency measures; however, the goals may be reduced if
either (1) clear and convincing evidence and independent

SB2437 - 1273 - LRB103 26700 AMC 53063 b
analysis demonstrates that the expenditure limits in
subsection (m) of this Section preclude full achievement
of the goals or (2) each of the following conditions are
met: (A) the plan's analysis and forecasts of the
utility's ability to acquire energy savings demonstrate by
clear and convincing evidence and through independent
analysis that achievement of such goals is not
cost-effective; and (B) the amount of energy savings
achieved by the utility as determined by the independent
evaluator for the most recent year for which savings have
been evaluated preceding the plan filing was less than the
average annual amount of savings required to achieve the
goals for the applicable 4-year plan period. If there is
not clear and convincing evidence that achieving the
savings goals specified in paragraphs (b-5) or (b-15) of
this Section is possible both cost-effectively and within
the expenditure limits in subsection (m), such savings
goals shall not be reduced. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the

SB2437 - 1274 - LRB103 26700 AMC 53063 b
utility's proposed plan.
Each utility's plan shall set forth the utility's
proposals to meet the energy efficiency standards identified
in subsection (b-5) or (b-15), as applicable and as such
standards may have been modified under this subsection (f),
taking into account the unique circumstances of the utility's
service territory. For those plans commencing on January 1,
2018, the Commission shall seek public comment on the
utility's plan and shall issue an order approving or
disapproving each plan no later than 105 days after June 1,
2017 (the effective date of Public Act 99-906). For those
plans commencing after December 31, 2021, the Commission shall
seek public comment on the utility's plan and shall issue an
order approving or disapproving each plan within 6 months
after its submission. If the Commission disapproves a plan,
the Commission shall, within 30 days, describe in detail the
reasons for the disapproval and describe a path by which the
utility may file a revised draft of the plan to address the
Commission's concerns satisfactorily. If the utility does not
refile with the Commission within 60 days, the utility shall
be subject to penalties at a rate of $100,000 per day until the
plan is filed. This process shall continue, and penalties
shall accrue, until the utility has successfully filed a
portfolio of energy efficiency and demand-response measures.
Penalties shall be deposited into the Energy Efficiency Trust
Fund.

SB2437 - 1275 - LRB103 26700 AMC 53063 b
(g) In submitting proposed plans and funding levels under
subsection (f) of this Section to meet the savings goals
identified in subsection (b-5) or (b-15) of this Section, as
applicable, the utility shall:
(1) Demonstrate that its proposed energy efficiency
measures will achieve the applicable requirements that are
identified in subsection (b-5) or (b-15) of this Section,
as modified by subsection (f) of this Section.
(2) (Blank).
(2.5) Demonstrate consideration of program options for
(A) advancing new building codes, appliance standards, and
municipal regulations governing existing and new building
efficiency improvements and (B) supporting efforts to
improve compliance with new building codes, appliance
standards and municipal regulations, as potentially
cost-effective means of acquiring energy savings to count
toward savings goals.
(3) Demonstrate that its overall portfolio of
measures, not including low-income programs described in
subsection (c) of this Section, is cost-effective using
the total resource cost test or complies with paragraphs
(1) through (3) of subsection (f) of this Section and
represents a diverse cross-section of opportunities for
customers of all rate classes, other than those customers
described in subsection (l) of this Section, to
participate in the programs. Individual measures need not

SB2437 - 1276 - LRB103 26700 AMC 53063 b
be cost effective.
(3.5) Demonstrate that the utility's plan integrates
the delivery of energy efficiency programs with natural
gas efficiency programs, programs promoting distributed
solar, programs promoting demand response and other
efforts to address bill payment issues, including, but not
limited to, LIHEAP and the Percentage of Income Payment
Plan, to the extent such integration is practical and has
the potential to enhance customer engagement, minimize
market confusion, or reduce administrative costs.
(4) Present a third-party energy efficiency
implementation program subject to the following
requirements:
(A) beginning with the year commencing January 1,
2019, electric utilities that serve more than
3,000,000 retail customers in the State shall fund
third-party energy efficiency programs in an amount
that is no less than $25,000,000 per year, and
electric utilities that serve less than 3,000,000
retail customers but more than 500,000 retail
customers in the State shall fund third-party energy
efficiency programs in an amount that is no less than
$8,350,000 per year;
(B) during 2018, the utility shall conduct a
solicitation process for purposes of requesting
proposals from third-party vendors for those

SB2437 - 1277 - LRB103 26700 AMC 53063 b
third-party energy efficiency programs to be offered
during one or more of the years commencing January 1,
2019, January 1, 2020, and January 1, 2021; for those
multi-year plans commencing on January 1, 2022 and
January 1, 2026, the utility shall conduct a
solicitation process during 2021 and 2025,
respectively, for purposes of requesting proposals
from third-party vendors for those third-party energy
efficiency programs to be offered during one or more
years of the respective multi-year plan period; for
each solicitation process, the utility shall identify
the sector, technology, or geographical area for which
it is seeking requests for proposals; the solicitation
process must be either for programs that fill gaps in
the utility's program portfolio and for programs that
target low-income customers, business sectors,
building types, geographies, or other specific parts
of its customer base with initiatives that would be
more effective at reaching these customer segments
than the utilities' programs filed in its energy
efficiency plans;
(C) the utility shall propose the bidder
qualifications, performance measurement process, and
contract structure, which must include a performance
payment mechanism and general terms and conditions;
the proposed qualifications, process, and structure

SB2437 - 1278 - LRB103 26700 AMC 53063 b
shall be subject to Commission approval; and
(D) the utility shall retain an independent third
party to score the proposals received through the
solicitation process described in this paragraph (4),
rank them according to their cost per lifetime
kilowatt-hours saved, and assemble the portfolio of
third-party programs.
The electric utility shall recover all costs
associated with Commission-approved, third-party
administered programs regardless of the success of those
programs.
(4.5) Implement cost-effective demand-response
measures to reduce peak demand by 0.1% over the prior year
for eligible retail customers, as defined in Section
16-111.5 of this Act, and for customers that elect hourly
service from the utility pursuant to Section 16-107 of
this Act, provided those customers have not been declared
competitive. This requirement continues until December 31,
2026.
(5) Include a proposed or revised cost-recovery tariff
mechanism, as provided for under subsection (d) of this
Section, to fund the proposed energy efficiency and
demand-response measures and to ensure the recovery of the
prudently and reasonably incurred costs of
Commission-approved programs.
(6) Provide for an annual independent evaluation of

SB2437 - 1279 - LRB103 26700 AMC 53063 b
the performance of the cost-effectiveness of the utility's
portfolio of measures, as well as a full review of the
multi-year plan results of the broader net program impacts
and, to the extent practical, for adjustment of the
measures on a going-forward basis as a result of the
evaluations. The resources dedicated to evaluation shall
not exceed 3% of portfolio resources in any given year.
(7) For electric utilities that serve more than
3,000,000 retail customers in the State:
(A) Through December 31, 2025, provide for an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section:
(i) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is less than the applicable
annual incremental goal, then the return on equity
component shall be reduced by a maximum of 200
basis points in the event that the utility
achieved no more than 75% of such goal. If the
utility achieved more than 75% of the applicable
annual incremental goal but less than 100% of such
goal, then the return on equity component shall be
reduced by 8 basis points for each percent by
which the utility failed to achieve the goal.
(ii) If the independent evaluator determines

SB2437 - 1280 - LRB103 26700 AMC 53063 b
that the utility achieved a cumulative persisting
annual savings that is more than the applicable
annual incremental goal, then the return on equity
component shall be increased by a maximum of 200
basis points in the event that the utility
achieved at least 125% of such goal. If the
utility achieved more than 100% of the applicable
annual incremental goal but less than 125% of such
goal, then the return on equity component shall be
increased by 8 basis points for each percent by
which the utility achieved above the goal. If the
applicable annual incremental goal was reduced
under paragraph paragraphs (1) or (2) of
subsection (f) of this Section, then the following
adjustments shall be made to the calculations
described in this item (ii):
(aa) the calculation for determining
achievement that is at least 125% of the
applicable annual incremental goal shall use
the unreduced applicable annual incremental
goal to set the value; and
(bb) the calculation for determining
achievement that is less than 125% but more
than 100% of the applicable annual incremental
goal shall use the reduced applicable annual
incremental goal to set the value for 100%

SB2437 - 1281 - LRB103 26700 AMC 53063 b
achievement of the goal and shall use the
unreduced goal to set the value for 125%
achievement. The 8 basis point value shall
also be modified, as necessary, so that the
200 basis points are evenly apportioned among
each percentage point value between 100% and
125% achievement.
(B) For the period January 1, 2026 through
December 31, 2029 and in all subsequent 4-year
periods, provide for an adjustment to the return on
equity component of the utility's weighted average
cost of capital calculated under subsection (d) of
this Section:
(i) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is less than the applicable
annual incremental goal, then the return on equity
component shall be reduced by a maximum of 200
basis points in the event that the utility
achieved no more than 66% of such goal. If the
utility achieved more than 66% of the applicable
annual incremental goal but less than 100% of such
goal, then the return on equity component shall be
reduced by 6 basis points for each percent by
which the utility failed to achieve the goal.
(ii) If the independent evaluator determines

SB2437 - 1282 - LRB103 26700 AMC 53063 b
that the utility achieved a cumulative persisting
annual savings that is more than the applicable
annual incremental goal, then the return on equity
component shall be increased by a maximum of 200
basis points in the event that the utility
achieved at least 134% of such goal. If the
utility achieved more than 100% of the applicable
annual incremental goal but less than 134% of such
goal, then the return on equity component shall be
increased by 6 basis points for each percent by
which the utility achieved above the goal. If the
applicable annual incremental goal was reduced
under paragraph (3) of subsection (f) of this
Section, then the following adjustments shall be
made to the calculations described in this item
(ii):
(aa) the calculation for determining
achievement that is at least 134% of the
applicable annual incremental goal shall use
the unreduced applicable annual incremental
goal to set the value; and
(bb) the calculation for determining
achievement that is less than 134% but more
than 100% of the applicable annual incremental
goal shall use the reduced applicable annual
incremental goal to set the value for 100%

SB2437 - 1283 - LRB103 26700 AMC 53063 b
achievement of the goal and shall use the
unreduced goal to set the value for 134%
achievement. The 6 basis point value shall
also be modified, as necessary, so that the
200 basis points are evenly apportioned among
each percentage point value between 100% and
134% achievement.
(C) Notwithstanding the provisions of
subparagraphs (A) and (B) of this paragraph (7), if
the applicable annual incremental goal for an electric
utility is ever less than 0.6% of deemed average
weather normalized sales of electric power and energy
during calendar years 2014, 2015, and 2016, an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section shall be made as
follows:
(i) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is less than would have been
achieved had the applicable annual incremental
goal been achieved, then the return on equity
component shall be reduced by a maximum of 200
basis points if the utility achieved no more than
75% of its applicable annual total savings
requirement as defined in paragraph (7.5) of this

SB2437 - 1284 - LRB103 26700 AMC 53063 b
subsection. If the utility achieved more than 75%
of the applicable annual total savings requirement
but less than 100% of such goal, then the return on
equity component shall be reduced by 8 basis
points for each percent by which the utility
failed to achieve the goal.
(ii) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is more than would have been
achieved had the applicable annual incremental
goal been achieved, then the return on equity
component shall be increased by a maximum of 200
basis points if the utility achieved at least 125%
of its applicable annual total savings
requirement. If the utility achieved more than
100% of the applicable annual total savings
requirement but less than 125% of such goal, then
the return on equity component shall be increased
by 8 basis points for each percent by which the
utility achieved above the applicable annual total
savings requirement. If the applicable annual
incremental goal was reduced under paragraph (1)
or (2) of subsection (f) of this Section, then the
following adjustments shall be made to the
calculations described in this item (ii):
(aa) the calculation for determining

SB2437 - 1285 - LRB103 26700 AMC 53063 b
achievement that is at least 125% of the
applicable annual total savings requirement
shall use the unreduced applicable annual
incremental goal to set the value; and
(bb) the calculation for determining
achievement that is less than 125% but more
than 100% of the applicable annual total
savings requirement shall use the reduced
applicable annual incremental goal to set the
value for 100% achievement of the goal and
shall use the unreduced goal to set the value
for 125% achievement. The 8 basis point value
shall also be modified, as necessary, so that
the 200 basis points are evenly apportioned
among each percentage point value between 100%
and 125% achievement.
(7.5) For purposes of this Section, the term
"applicable annual incremental goal" means the difference
between the cumulative persisting annual savings goal for
the calendar year that is the subject of the independent
evaluator's determination and the cumulative persisting
annual savings goal for the immediately preceding calendar
year, as such goals are defined in subsections (b-5) and
(b-15) of this Section and as these goals may have been
modified as provided for under subsection (b-20) and
paragraphs (1) through (3) of subsection (f) of this

SB2437 - 1286 - LRB103 26700 AMC 53063 b
Section. Under subsections (b), (b-5), (b-10), and (b-15)
of this Section, a utility must first replace energy
savings from measures that have expired before any
progress towards achievement of its applicable annual
incremental goal may be counted. Savings may expire
because measures installed in previous years have reached
the end of their lives, because measures installed in
previous years are producing lower savings in the current
year than in the previous year, or for other reasons
identified by independent evaluators. Notwithstanding
anything else set forth in this Section, the difference
between the actual annual incremental savings achieved in
any given year, including the replacement of energy
savings that have expired, and the applicable annual
incremental goal shall not affect adjustments to the
return on equity for subsequent calendar years under this
subsection (g).
In this Section, "applicable annual total savings
requirement" means the total amount of new annual savings
that the utility must achieve in any given year to achieve
the applicable annual incremental goal. This is equal to
the applicable annual incremental goal plus the total new
annual savings that are required to replace savings that
expired in or at the end of the previous year.
(8) For electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail

SB2437 - 1287 - LRB103 26700 AMC 53063 b
customers in the State:
(A) Through December 31, 2025, the applicable
annual incremental goal shall be compared to the
annual incremental savings as determined by the
independent evaluator.
(i) The return on equity component shall be
reduced by 8 basis points for each percent by
which the utility did not achieve 84.4% of the
applicable annual incremental goal.
(ii) The return on equity component shall be
increased by 8 basis points for each percent by
which the utility exceeded 100% of the applicable
annual incremental goal.
(iii) The return on equity component shall not
be increased or decreased if the annual
incremental savings as determined by the
independent evaluator is greater than 84.4% of the
applicable annual incremental goal and less than
100% of the applicable annual incremental goal.
(iv) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (A).
(B) For the period of January 1, 2026 through
December 31, 2029 and in all subsequent 4-year
periods, the applicable annual incremental goal shall

SB2437 - 1288 - LRB103 26700 AMC 53063 b
be compared to the annual incremental savings as
determined by the independent evaluator.
(i) The return on equity component shall be
reduced by 6 basis points for each percent by
which the utility did not achieve 100% of the
applicable annual incremental goal.
(ii) The return on equity component shall be
increased by 6 basis points for each percent by
which the utility exceeded 100% of the applicable
annual incremental goal.
(iii) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (B).
(C) Notwithstanding provisions in subparagraphs
(A) and (B) of paragraph (7) of this subsection, if the
applicable annual incremental goal for an electric
utility is ever less than 0.6% of deemed average
weather normalized sales of electric power and energy
during calendar years 2014, 2015 and 2016, an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section shall be made as
follows:
(i) The return on equity component shall be
reduced by 8 basis points for each percent by

SB2437 - 1289 - LRB103 26700 AMC 53063 b
which the utility did not achieve 100% of the
applicable annual total savings requirement.
(ii) The return on equity component shall be
increased by 8 basis points for each percent by
which the utility exceeded 100% of the applicable
annual total savings requirement.
(iii) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (C).
(D) If the applicable annual incremental goal was
reduced under paragraph (1), (2), (3), or (4) of
subsection (f) of this Section, then the following
adjustments shall be made to the calculations
described in subparagraphs (A), (B), and (C) of this
paragraph (8):
(i) The calculation for determining
achievement that is at least 125% or 134%, as
applicable, of the applicable annual incremental
goal or the applicable annual total savings
requirement, as applicable, shall use the
unreduced applicable annual incremental goal to
set the value.
(ii) For the period through December 31, 2025,
the calculation for determining achievement that
is less than 125% but more than 100% of the

SB2437 - 1290 - LRB103 26700 AMC 53063 b
applicable annual incremental goal or the
applicable annual total savings requirement, as
applicable, shall use the reduced applicable
annual incremental goal to set the value for 100%
achievement of the goal and shall use the
unreduced goal to set the value for 125%
achievement. The 8 basis point value shall also be
modified, as necessary, so that the 200 basis
points are evenly apportioned among each
percentage point value between 100% and 125%
achievement.
(iii) For the period of January 1, 2026
through December 31, 2029 and all subsequent
4-year periods, the calculation for determining
achievement that is less than 125% or 134%, as
applicable, but more than 100% of the applicable
annual incremental goal or the applicable annual
total savings requirement, as applicable, shall
use the reduced applicable annual incremental goal
to set the value for 100% achievement of the goal
and shall use the unreduced goal to set the value
for 125% achievement. The 6 basis-point value or 8
basis-point value, as applicable, shall also be
modified, as necessary, so that the 200 basis
points are evenly apportioned among each
percentage point value between 100% and 125% or

SB2437 - 1291 - LRB103 26700 AMC 53063 b
between 100% and 134% achievement, as applicable.
(9) The utility shall submit the energy savings data
to the independent evaluator no later than 30 days after
the close of the plan year. The independent evaluator
shall determine the cumulative persisting annual savings
for a given plan year, as well as an estimate of job
impacts and other macroeconomic impacts of the efficiency
programs for that year, no later than 120 days after the
close of the plan year. The utility shall submit an
informational filing to the Commission no later than 160
days after the close of the plan year that attaches the
independent evaluator's final report identifying the
cumulative persisting annual savings for the year and
calculates, under paragraph (7) or (8) of this subsection
(g), as applicable, any resulting change to the utility's
return on equity component of the weighted average cost of
capital applicable to the next plan year beginning with
the January monthly billing period and extending through
the December monthly billing period. However, if the
utility recovers the costs incurred under this Section
under paragraphs (2) and (3) of subsection (d) of this
Section, then the utility shall not be required to submit
such informational filing, and shall instead submit the
information that would otherwise be included in the
informational filing as part of its filing under paragraph
(3) of such subsection (d) that is due on or before June 1

SB2437 - 1292 - LRB103 26700 AMC 53063 b
of each year.
For those utilities that must submit the informational
filing, the Commission may, on its own motion or by
petition, initiate an investigation of such filing,
provided, however, that the utility's proposed return on
equity calculation shall be deemed the final, approved
calculation on December 15 of the year in which it is filed
unless the Commission enters an order on or before
December 15, after notice and hearing, that modifies such
calculation consistent with this Section.
The adjustments to the return on equity component
described in paragraphs (7) and (8) of this subsection (g)
shall be applied as described in such paragraphs through a
separate tariff mechanism, which shall be filed by the
utility under subsections (f) and (g) of this Section.
(9.5) The utility must demonstrate how it will ensure
that program implementation contractors and energy
efficiency installation vendors will promote workforce
equity and quality jobs.
(9.6) Utilities shall collect data necessary to ensure
compliance with paragraph (9.5) no less than quarterly and
shall communicate progress toward compliance with
paragraph (9.5) to program implementation contractors and
energy efficiency installation vendors no less than
quarterly. Utilities shall work with relevant vendors,
providing education, training, and other resources needed

SB2437 - 1293 - LRB103 26700 AMC 53063 b
to ensure compliance and, where necessary, adjusting or
terminating work with vendors that cannot assist with
compliance.
(10) Utilities required to implement efficiency
programs under subsections (b-5) and (b-10) shall report
annually to the Illinois Commerce Commission and the
General Assembly on how hiring, contracting, job training,
and other practices related to its energy efficiency
programs enhance the diversity of vendors working on such
programs. These reports must include data on vendor and
employee diversity, including data on the implementation
of paragraphs (9.5) and (9.6). If the utility is not
meeting the requirements of paragraphs (9.5) and (9.6),
the utility shall submit a plan to adjust their activities
so that they meet the requirements of paragraphs (9.5) and
(9.6) within the following year.
(h) No more than 4% of energy efficiency and
demand-response program revenue may be allocated for research,
development, or pilot deployment of new equipment or measures.
Electric utilities shall work with interested stakeholders to
formulate a plan for how these funds should be spent,
incorporate statewide approaches for these allocations, and
file a 4-year plan that demonstrates that collaboration. If a
utility files a request for modified annual energy savings
goals with the Commission, then a utility shall forgo spending
portfolio dollars on research and development proposals.

SB2437 - 1294 - LRB103 26700 AMC 53063 b
(i) When practicable, electric utilities shall incorporate
advanced metering infrastructure data into the planning,
implementation, and evaluation of energy efficiency measures
and programs, subject to the data privacy and confidentiality
protections of applicable law.
(j) The independent evaluator shall follow the guidelines
and use the savings set forth in Commission-approved energy
efficiency policy manuals and technical reference manuals, as
each may be updated from time to time. Until such time as
measure life values for energy efficiency measures implemented
for low-income households under subsection (c) of this Section
are incorporated into such Commission-approved manuals, the
low-income measures shall have the same measure life values
that are established for same measures implemented in
households that are not low-income households.
(k) Notwithstanding any provision of law to the contrary,
an electric utility subject to the requirements of this
Section may file a tariff cancelling an automatic adjustment
clause tariff in effect under this Section or Section 8-103,
which shall take effect no later than one business day after
the date such tariff is filed. Thereafter, the utility shall
be authorized to defer and recover its expenditures incurred
under this Section through a new tariff authorized under
subsection (d) of this Section or in the utility's next rate
case under Article IX or Section 16-108.5 of this Act, with
interest at an annual rate equal to the utility's weighted

SB2437 - 1295 - LRB103 26700 AMC 53063 b
average cost of capital as approved by the Commission in such
case. If the utility elects to file a new tariff under
subsection (d) of this Section, the utility may file the
tariff within 10 days after June 1, 2017 (the effective date of
Public Act 99-906), and the cost inputs to such tariff shall be
based on the projected costs to be incurred by the utility
during the calendar year in which the new tariff is filed and
that were not recovered under the tariff that was cancelled as
provided for in this subsection. Such costs shall include
those incurred or to be incurred by the utility under its
multi-year plan approved under subsections (f) and (g) of this
Section, including, but not limited to, projected capital
investment costs and projected regulatory asset balances with
correspondingly updated depreciation and amortization reserves
and expense. The Commission shall, after notice and hearing,
approve, or approve with modification, such tariff and cost
inputs no later than 75 days after the utility filed the
tariff, provided that such approval, or approval with
modification, shall be consistent with the provisions of this
Section to the extent they do not conflict with this
subsection (k). The tariff approved by the Commission shall
take effect no later than 5 days after the Commission enters
its order approving the tariff.
No later than 60 days after the effective date of the
tariff cancelling the utility's automatic adjustment clause
tariff, the utility shall file a reconciliation that

SB2437 - 1296 - LRB103 26700 AMC 53063 b
reconciles the moneys collected under its automatic adjustment
clause tariff with the costs incurred during the period
beginning June 1, 2016 and ending on the date that the electric
utility's automatic adjustment clause tariff was cancelled. In
the event the reconciliation reflects an under-collection, the
utility shall recover the costs as specified in this
subsection (k). If the reconciliation reflects an
over-collection, the utility shall apply the amount of such
over-collection as a one-time credit to retail customers'
bills.
(l) For the calendar years covered by a multi-year plan
commencing after December 31, 2017, subsections (a) through
(j) of this Section do not apply to eligible large private
energy customers that have chosen to opt out of multi-year
plans consistent with this subsection (1).
(1) For purposes of this subsection (l), "eligible
large private energy customer" means any retail customers,
except for federal, State, municipal, and other public
customers, of an electric utility that serves more than
3,000,000 retail customers, except for federal, State,
municipal and other public customers, in the State and
whose total highest 30 minute demand was more than 10,000
kilowatts, or any retail customers of an electric utility
that serves less than 3,000,000 retail customers but more
than 500,000 retail customers in the State and whose total
highest 15 minute demand was more than 10,000 kilowatts.

SB2437 - 1297 - LRB103 26700 AMC 53063 b
For purposes of this subsection (l), "retail customer" has
the meaning set forth in Section 16-102 of this Act.
However, for a business entity with multiple sites located
in the State, where at least one of those sites qualifies
as an eligible large private energy customer, then any of
that business entity's sites, properly identified on a
form for notice, shall be considered eligible large
private energy customers for the purposes of this
subsection (l). A determination of whether this subsection
is applicable to a customer shall be made for each
multi-year plan beginning after December 31, 2017. The
criteria for determining whether this subsection (l) is
applicable to a retail customer shall be based on the 12
consecutive billing periods prior to the start of the
first year of each such multi-year plan.
(2) Within 45 days after September 15, 2021 (the
effective date of Public Act 102-662) this amendatory Act
of the 102nd General Assembly, the Commission shall
prescribe the form for notice required for opting out of
energy efficiency programs. The notice must be submitted
to the retail electric utility 12 months before the next
energy efficiency planning cycle. However, within 120 days
after the Commission's initial issuance of the form for
notice, eligible large private energy customers may submit
a form for notice to an electric utility. The form for
notice for opting out of energy efficiency programs shall

SB2437 - 1298 - LRB103 26700 AMC 53063 b
include all of the following:
(A) a statement indicating that the customer has
elected to opt out;
(B) the account numbers for the customer accounts
to which the opt out shall apply;
(C) the mailing address associated with the
customer accounts identified under subparagraph (B);
(D) an American Society of Heating, Refrigerating,
and Air-Conditioning Engineers (ASHRAE) level 2 or
higher audit report conducted by an independent
third-party expert identifying cost-effective energy
efficiency project opportunities that could be
invested in over the next 10 years. A retail customer
with specialized processes may utilize a self-audit
process in lieu of the ASHRAE audit;
(E) a description of the customer's plans to
reallocate the funds toward internal energy efficiency
efforts identified in the subparagraph (D) report,
including, but not limited to: (i) strategic energy
management or other programs, including descriptions
of targeted buildings, equipment and operations; (ii)
eligible energy efficiency measures; and (iii)
expected energy savings, itemized by technology. If
the subparagraph (D) audit report identifies that the
customer currently utilizes the best available energy
efficient technology, equipment, programs, and

SB2437 - 1299 - LRB103 26700 AMC 53063 b
operations, the customer may provide a statement that
more efficient technology, equipment, programs, and
operations are not reasonably available as a means of
satisfying this subparagraph (E); and
(F) the effective date of the opt out, which will
be the next January 1 following notice of the opt out.
(3) Upon receipt of a properly and timely noticed
request for opt out submitted by an eligible large private
energy customer, the retail electric utility shall grant
the request, file the request with the Commission and,
beginning January 1 of the following year, the opted out
customer shall no longer be assessed the costs of the plan
and shall be prohibited from participating in that 4-year
plan cycle to give the retail utility the certainty to
design program plan proposals.
(4) Upon a customer's election to opt out under
paragraphs (1) and (2) of this subsection (l) and
commencing on the effective date of said opt out, the
account properly identified in the customer's notice under
paragraph (2) shall not be subject to any cost recovery
and shall not be eligible to participate in, or directly
benefit from, compliance with energy efficiency cumulative
persisting savings requirements under subsections (a)
through (j).
(5) A utility's cumulative persisting annual savings
targets will exclude any opted out load.

SB2437 - 1300 - LRB103 26700 AMC 53063 b
(6) The request to opt out is only valid for the
requested plan cycle. An eligible large private energy
customer must also request to opt out for future energy
plan cycles, otherwise the customer will be included in
the future energy plan cycle.
(m) Notwithstanding the requirements of this Section, as
part of a proceeding to approve a multi-year plan under
subsections (f) and (g) of this Section if the multi-year plan
has been designed to maximize savings, but does not meet the
cost cap limitations of this Section, the Commission shall
reduce the amount of energy efficiency measures implemented
for any single year, and whose costs are recovered under
subsection (d) of this Section, by an amount necessary to
limit the estimated average net increase due to the cost of the
measures to no more than
(1) 3.5% for each of the 4 years beginning January 1,
2018,
(2) (blank),
(3) 4% for each of the 4 years beginning January 1,
2022,
(4) 4.25% for the 4 years beginning January 1, 2026,
and
(5) 4.25% plus an increase sufficient to account for
the rate of inflation between January 1, 2026 and January
1 of the first year of each subsequent 4-year plan cycle,
of the average amount paid per kilowatthour by residential

SB2437 - 1301 - LRB103 26700 AMC 53063 b
eligible retail customers during calendar year 2015. An
electric utility may plan to spend up to 10% more in any year
during an applicable multi-year plan period to
cost-effectively achieve additional savings so long as the
average over the applicable multi-year plan period does not
exceed the percentages defined in items (1) through (5). To
determine the total amount that may be spent by an electric
utility in any single year, the applicable percentage of the
average amount paid per kilowatthour shall be multiplied by
the total amount of energy delivered by such electric utility
in the calendar year 2015, adjusted to reflect the proportion
of the utility's load attributable to customers that have
opted out of subsections (a) through (j) of this Section under
subsection (l) of this Section. For purposes of this
subsection (m), the amount paid per kilowatthour includes,
without limitation, estimated amounts paid for supply,
transmission, distribution, surcharges, and add-on taxes. For
purposes of this Section, "eligible retail customers" shall
have the meaning set forth in Section 16-111.5 of this Act.
Once the Commission has approved a plan under subsections (f)
and (g) of this Section, no subsequent rate impact
determinations shall be made.
(n) A utility shall take advantage of the efficiencies
available through existing Illinois Home Weatherization
Assistance Program infrastructure and services, such as
enrollment, marketing, quality assurance and implementation,

SB2437 - 1302 - LRB103 26700 AMC 53063 b
which can reduce the need for similar services at a lower cost
than utility-only programs, subject to capacity constraints at
community action agencies, for both single-family and
multifamily weatherization services, to the extent Illinois
Home Weatherization Assistance Program community action
agencies provide multifamily services. A utility's plan shall
demonstrate that in formulating annual weatherization budgets,
it has sought input and coordination with community action
agencies regarding agencies' capacity to expand and maximize
Illinois Home Weatherization Assistance Program delivery using
the ratepayer dollars collected under this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-662, eff. 9-15-21;
revised 2-28-22.)
(220 ILCS 5/8-201.4)
Sec. 8-201.4. Prohibition on use of utility name or logo
by non-utility entity. No non-utility individual, business, or
entity shall use a public utility name or logo, in whole or in
part, in any manner to market, solicit, sell, or bill for a
home (i) insurance, (ii) maintenance, or (iii) warranty
product. This prohibition does not apply to activities
permitted to implement a program or plan approved by the
Commission pursuant to an order entered under this Act. This
prohibition does not apply to the partial use by a non-utility
entity of a logo belonging to an electric utility that serves
fewer than 200,000 customers in this State.

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(Source: P.A. 102-928, eff. 1-1-23; revised 12-19-22.)
(220 ILCS 5/14-102) (from Ch. 111 2/3, par. 14-102)
Sec. 14-102. Terms of office, vacancies, restrictions, and
removals.
Terms of office. The first members of the transit
commission shall be appointed for two, three, and four year
terms respectively. The term of office of each member
thereafter appointed shall be four years.
Vacancies. Any vacancy in the membership of the transit
commission occurring by reason of the death, resignation,
disqualification, removal, or inability or refusal to act of
any of the members of such transit commission shall be filled
by appointment by the mayor by and with the advice and consent
of the city council of the city.
Restrictions and removals. Each member of the transit
commission shall devote all time necessary to perform properly
and adequately the duties of his office, and shall hold no
other office or position of profit, or engage in any other
business, employment, or vocation to the detriment or neglect
of such duties.
No person holding stocks or bonds in any corporation
subject to the jurisdiction of the transit commission, or who
is in any other manner directly or indirectly pecuniarily
interested in any such corporation, shall be appointed as a
member of the transit commission or shall be appointed or

SB2437 - 1304 - LRB103 26700 AMC 53063 b
employed by the transit commission.
No member of the transit commission or any officer or
employee employe of the transit commission shall voluntarily
become so interested and if he shall become so interested
otherwise than voluntarily he shall within a reasonable time
divest himself of such interest.
No member of the transit commission or any officer or
employee employe of the transit commission shall solicit or
accept any gift, gratuity, emolument, or employment from any
corporation subject to the jurisdiction of the transit
commission or from any officer, agent, or employee employe
thereof; nor solicit, request, or recommend directly or
indirectly, to any such corporation or to any officer, agent,
or employee employe thereof, the appointment or employment of
any person by any such corporation to any office or position.
And no such corporation or any officer, agent, or employee
employe thereof, shall offer to any member of the transit
commission or any officer or employee employe of the transit
commission any gift, gratuity, emolument, or employment.
Violation of any of the provisions of this paragraph by
any member, officer, or employee employe of the transit
commission shall be ground for his removal from the office or
employment held by him.
No member of the transit commission shall be removed from
office during the term for which he shall be appointed except
upon written charges made and sustained, as hereinafter

SB2437 - 1305 - LRB103 26700 AMC 53063 b
provided for violation of any of the provisions of this
paragraph, or for malfeasance, misfeasance, or nonfeasance in
the discharge of the duties of his office.
Such charges shall be preferred by the mayor in writing to
the city council of the city, or by resolution of the city
council of the city and shall be investigated by a committee
designated by the city council, which shall afford full
opportunity to the commissioner complained of to appear and be
heard in his own defense and to be represented by counsel.
The finding or decision of such committee shall be
reported by it to the city council. In case such finding or
decision shall sustain the charges and shall be approved by a
vote of two-thirds two thirds of all of the members of the city
council, the mayor of the city shall issue a declaration
removing such commissioner from office and the vacancy thus
created shall be filled as in this Section section provided.
(Source: P.A. 84-617; revised 8-22-22.)
(220 ILCS 5/14-103) (from Ch. 111 2/3, par. 14-103)
Sec. 14-103. Offices, employees employes and supplies,
salaries.
Offices. The transit commission shall establish and
maintain an office in the city hall of the city or at such
other place as the city council of the city shall from time to
time authorize or provide.
Such office shall be open for business between the hours

SB2437 - 1306 - LRB103 26700 AMC 53063 b
of nine o'clock A. M. and five o'clock P. M. of each week day
except holidays, except on Saturdays the hours shall be from
nine o'clock A. M. to twelve o'clock noon.
Employees Employes and supplies. The transit commission
shall have power to appoint a secretary, and to employ such
accountants, engineers, experts, inspectors, clerks, and other
employees employes and fix their compensation, and to purchase
such furniture, stationery, and other supplies and materials,
as are reasonably necessary to enable it properly to perform
its duties and exercise its powers.
The secretary and such other employees employes as the
transit commission may require shall give bond in such amount
and with such security as the transit commission may
prescribe.
Salaries and expenses. Each of the members of the transit
commission shall receive such annual salary as shall be fixed
by the city council of the city.
The salary of any member shall not be reduced during his
term of office.
The city council of the city shall have power to provide
for the payment of the salaries of all members and the expenses
of the transit commission.
(Source: P.A. 84-617; revised 8-22-22.)
(220 ILCS 5/14-104) (from Ch. 111 2/3, par. 14-104)
Sec. 14-104. Rules and regulations, meetings, seal and

SB2437 - 1307 - LRB103 26700 AMC 53063 b
authentication of records, etc.
Rules and regulations. Consistent with the provisions of
this Article, the transit commission may adopt such rules and
regulations and may alter and amend the same as it shall deem
advisable relative to the calling, holding, and conduct of its
meetings, the transaction of its business, the regulation and
control of its agents and employees employes, the filing of
complaints and petitions and the service of notices thereof
and the conduct of hearings thereon, and the performance in
general of its duties and powers hereunder.
Meetings. For the purpose of receiving, considering, and
acting upon any complaints or applications which may be
presented to it or for the purpose of conducting
investigations or hearings on its own motion the transit
commission shall hold a regular meeting at least once a week
except in the months of July and August in each year. In
addition to such other meetings of the transit commission as
may be held, called or provided for by the rules and
regulations of the transit commission, the Chairman shall call
a meeting of the transit commission at any time upon the
request of the mayor or city council of the city.
Quorum and Majority Rule. Two members of the transit
commission shall constitute a quorum to transact business and
no vacancy shall impair the right of the remaining
commissioners to exercise all the powers of the transit
commission; and every finding, order, decision, rule,

SB2437 - 1308 - LRB103 26700 AMC 53063 b
regulation, or requirement of the transit commission approved
by at least two members thereof shall be deemed to be the
finding, order, decision, rule, regulation, or requirement of
the transit commission.
Seal, Authentication of records, etc. The transit
commission may adopt, keep, and use a common seal, of which
judicial notice shall be taken in all courts of this State
state. Any process, notice, or other instrument which the
transit commission may be authorized by law to issue shall be
deemed sufficient if signed by the secretary of the transit
commission and authenticated by such seal. All acts, orders,
decisions, rules, and records of the transit commission, and
all reports, schedules, and documents filed with the transit
commission may be proved in any court in this State state by a
copy thereof certified by the secretary under the seal of the
transit commission.
(Source: P.A. 84-617; revised 8-22-22.)
(220 ILCS 5/16-108.5)
Sec. 16-108.5. Infrastructure investment and
modernization; regulatory reform.
(a) (Blank).
(b) For purposes of this Section, "participating utility"
means an electric utility or a combination utility serving
more than 1,000,000 customers in Illinois that voluntarily
elects and commits to undertake (i) the infrastructure

SB2437 - 1309 - LRB103 26700 AMC 53063 b
investment program consisting of the commitments and
obligations described in this subsection (b) and (ii) the
customer assistance program consisting of the commitments and
obligations described in subsection (b-10) of this Section,
notwithstanding any other provisions of this Act and without
obtaining any approvals from the Commission or any other
agency other than as set forth in this Section, regardless of
whether any such approval would otherwise be required.
"Combination utility" means a utility that, as of January 1,
2011, provided electric service to at least one million retail
customers in Illinois and gas service to at least 500,000
retail customers in Illinois. A participating utility shall
recover the expenditures made under the infrastructure
investment program through the ratemaking process, including,
but not limited to, the performance-based formula rate and
process set forth in this Section.
During the infrastructure investment program's peak
program year, a participating utility other than a combination
utility shall create 2,000 full-time equivalent jobs in
Illinois, and a participating utility that is a combination
utility shall create 450 full-time equivalent jobs in Illinois
related to the provision of electric service. These jobs shall
include direct jobs, contractor positions, and induced jobs,
but shall not include any portion of a job commitment, not
specifically contingent on an amendatory Act of the 97th
General Assembly becoming law, between a participating utility

SB2437 - 1310 - LRB103 26700 AMC 53063 b
and a labor union that existed on December 30, 2011 (the
effective date of Public Act 97-646) and that has not yet been
fulfilled. A portion of the full-time equivalent jobs created
by each participating utility shall include incremental
personnel hired subsequent to December 30, 2011 (the effective
date of Public Act 97-646). For purposes of this Section,
"peak program year" means the consecutive 12-month period with
the highest number of full-time equivalent jobs that occurs
between the beginning of investment year 2 and the end of
investment year 4.
A participating utility shall meet one of the following
commitments, as applicable:
(1) Beginning no later than 180 days after a
participating utility other than a combination utility
files a performance-based formula rate tariff pursuant to
subsection (c) of this Section, or, beginning no later
than January 1, 2012 if such utility files such
performance-based formula rate tariff within 14 days of
October 26, 2011 (the effective date of Public Act
97-616), the participating utility shall, except as
provided in subsection (b-5):
(A) over a 5-year period, invest an estimated
$1,300,000,000 in electric system upgrades,
modernization projects, and training facilities,
including, but not limited to:
(i) distribution infrastructure improvements

SB2437 - 1311 - LRB103 26700 AMC 53063 b
totaling an estimated $1,000,000,000, including
underground residential distribution cable
injection and replacement and mainline cable
system refurbishment and replacement projects;
(ii) training facility construction or upgrade
projects totaling an estimated $10,000,000,
provided that, at a minimum, one such facility
shall be located in a municipality having a
population of more than 2 million residents and
one such facility shall be located in a
municipality having a population of more than
150,000 residents but fewer than 170,000
residents; any such new facility located in a
municipality having a population of more than 2
million residents must be designed for the purpose
of obtaining, and the owner of the facility shall
apply for, certification under the United States
Green Building Council's Leadership in Energy
Efficiency Design Green Building Rating System;
(iii) wood pole inspection, treatment, and
replacement programs;
(iv) an estimated $200,000,000 for reducing
the susceptibility of certain circuits to
storm-related damage, including, but not limited
to, high winds, thunderstorms, and ice storms;
improvements may include, but are not limited to,

SB2437 - 1312 - LRB103 26700 AMC 53063 b
overhead to underground conversion and other
engineered outcomes for circuits; the
participating utility shall prioritize the
selection of circuits based on each circuit's
historical susceptibility to storm-related damage
and the ability to provide the greatest customer
benefit upon completion of the improvements; to be
eligible for improvement, the participating
utility's ability to maintain proper tree
clearances surrounding the overhead circuit must
not have been impeded by third parties; and
(B) over a 10-year period, invest an estimated
$1,300,000,000 to upgrade and modernize its
transmission and distribution infrastructure and in
Smart Grid electric system upgrades, including, but
not limited to:
(i) additional smart meters;
(ii) distribution automation;
(iii) associated cyber secure data
communication network; and
(iv) substation micro-processor relay
upgrades.
(2) Beginning no later than 180 days after a
participating utility that is a combination utility files
a performance-based formula rate tariff pursuant to
subsection (c) of this Section, or, beginning no later

SB2437 - 1313 - LRB103 26700 AMC 53063 b
than January 1, 2012 if such utility files such
performance-based formula rate tariff within 14 days of
October 26, 2011 (the effective date of Public Act
97-616), the participating utility shall, except as
provided in subsection (b-5):
(A) over a 10-year period, invest an estimated
$265,000,000 in electric system upgrades,
modernization projects, and training facilities,
including, but not limited to:
(i) distribution infrastructure improvements
totaling an estimated $245,000,000, which may
include bulk supply substations, transformers,
reconductoring, and rebuilding overhead
distribution and sub-transmission lines,
underground residential distribution cable
injection and replacement and mainline cable
system refurbishment and replacement projects;
(ii) training facility construction or upgrade
projects totaling an estimated $1,000,000; any
such new facility must be designed for the purpose
of obtaining, and the owner of the facility shall
apply for, certification under the United States
Green Building Council's Leadership in Energy
Efficiency Design Green Building Rating System;
and
(iii) wood pole inspection, treatment, and

SB2437 - 1314 - LRB103 26700 AMC 53063 b
replacement programs; and
(B) over a 10-year period, invest an estimated
$360,000,000 to upgrade and modernize its transmission
and distribution infrastructure and in Smart Grid
electric system upgrades, including, but not limited
to:
(i) additional smart meters;
(ii) distribution automation;
(iii) associated cyber secure data
communication network; and
(iv) substation micro-processor relay
upgrades.
For purposes of this Section, "Smart Grid electric system
upgrades" shall have the meaning set forth in subsection (a)
of Section 16-108.6 of this Act.
The investments in the infrastructure investment program
described in this subsection (b) shall be incremental to the
participating utility's annual capital investment program, as
defined by, for purposes of this subsection (b), the
participating utility's average capital spend for calendar
years 2008, 2009, and 2010 as reported in the applicable
Federal Energy Regulatory Commission (FERC) Form 1; provided
that where one or more utilities have merged, the average
capital spend shall be determined using the aggregate of the
merged utilities' capital spend reported in FERC Form 1 for
the years 2008, 2009, and 2010. A participating utility may

SB2437 - 1315 - LRB103 26700 AMC 53063 b
add reasonable construction ramp-up and ramp-down time to the
investment periods specified in this subsection (b). For each
such investment period, the ramp-up and ramp-down time shall
not exceed a total of 6 months.
Within 60 days after filing a tariff under subsection (c)
of this Section, a participating utility shall submit to the
Commission its plan, including scope, schedule, and staffing,
for satisfying its infrastructure investment program
commitments pursuant to this subsection (b). The submitted
plan shall include a schedule and staffing plan for the next
calendar year. The plan shall also include a plan for the
creation, operation, and administration of a Smart Grid test
bed as described in subsection (c) of Section 16-108.8. The
plan need not allocate the work equally over the respective
periods, but should allocate material increments throughout
such periods commensurate with the work to be undertaken. No
later than April 1 of each subsequent year, the utility shall
submit to the Commission a report that includes any updates to
the plan, a schedule for the next calendar year, the
expenditures made for the prior calendar year and
cumulatively, and the number of full-time equivalent jobs
created for the prior calendar year and cumulatively. If the
utility is materially deficient in satisfying a schedule or
staffing plan, then the report must also include a corrective
action plan to address the deficiency. The fact that the plan,
implementation of the plan, or a schedule changes shall not

SB2437 - 1316 - LRB103 26700 AMC 53063 b
imply the imprudence or unreasonableness of the infrastructure
investment program, plan, or schedule. Further, no later than
45 days following the last day of the first, second, and third
quarters of each year of the plan, a participating utility
shall submit to the Commission a verified quarterly report for
the prior quarter that includes (i) the total number of
full-time equivalent jobs created during the prior quarter,
(ii) the total number of employees as of the last day of the
prior quarter, (iii) the total number of full-time equivalent
hours in each job classification or job title, (iv) the total
number of incremental employees and contractors in support of
the investments undertaken pursuant to this subsection (b) for
the prior quarter, and (v) any other information that the
Commission may require by rule.
With respect to the participating utility's peak job
commitment, if, after considering the utility's corrective
action plan and compliance thereunder, the Commission enters
an order finding, after notice and hearing, that a
participating utility did not satisfy its peak job commitment
described in this subsection (b) for reasons that are
reasonably within its control, then the Commission shall also
determine, after consideration of the evidence, including, but
not limited to, evidence submitted by the Department of
Commerce and Economic Opportunity and the utility, the
deficiency in the number of full-time equivalent jobs during
the peak program year due to such failure. The Commission

SB2437 - 1317 - LRB103 26700 AMC 53063 b
shall notify the Department of any proceeding that is
initiated pursuant to this paragraph. For each full-time
equivalent job deficiency during the peak program year that
the Commission finds as set forth in this paragraph, the
participating utility shall, within 30 days after the entry of
the Commission's order, pay $6,000 to a fund for training
grants administered under Section 605-800 of the Department of
Commerce and Economic Opportunity Law, which shall not be a
recoverable expense.
With respect to the participating utility's investment
amount commitments, if, after considering the utility's
corrective action plan and compliance thereunder, the
Commission enters an order finding, after notice and hearing,
that a participating utility is not satisfying its investment
amount commitments described in this subsection (b), then the
utility shall no longer be eligible to annually update the
performance-based formula rate tariff pursuant to subsection
(d) of this Section. In such event, the then current rates
shall remain in effect until such time as new rates are set
pursuant to Article IX of this Act, subject to retroactive
adjustment, with interest, to reconcile rates charged with
actual costs.
If the Commission finds that a participating utility is no
longer eligible to update the performance-based formula rate
tariff pursuant to subsection (d) of this Section, or the
performance-based formula rate is otherwise terminated, then

SB2437 - 1318 - LRB103 26700 AMC 53063 b
the participating utility's voluntary commitments and
obligations under this subsection (b) shall immediately
terminate, except for the utility's obligation to pay an
amount already owed to the fund for training grants pursuant
to a Commission order.
In meeting the obligations of this subsection (b), to the
extent feasible and consistent with State and federal law, the
investments under the infrastructure investment program should
provide employment opportunities for all segments of the
population and workforce, including minority-owned and
female-owned business enterprises, and shall not, consistent
with State and federal law, discriminate based on race or
socioeconomic status.
(b-5) Nothing in this Section shall prohibit the
Commission from investigating the prudence and reasonableness
of the expenditures made under the infrastructure investment
program during the annual review required by subsection (d) of
this Section and shall, as part of such investigation,
determine whether the utility's actual costs under the program
are prudent and reasonable. The fact that a participating
utility invests more than the minimum amounts specified in
subsection (b) of this Section or its plan shall not imply
imprudence or unreasonableness.
If the participating utility finds that it is implementing
its plan for satisfying the infrastructure investment program
commitments described in subsection (b) of this Section at a

SB2437 - 1319 - LRB103 26700 AMC 53063 b
cost below the estimated amounts specified in subsection (b)
of this Section, then the utility may file a petition with the
Commission requesting that it be permitted to satisfy its
commitments by spending less than the estimated amounts
specified in subsection (b) of this Section. The Commission
shall, after notice and hearing, enter its order approving, or
approving as modified, or denying each such petition within
150 days after the filing of the petition.
In no event, absent General Assembly approval, shall the
capital investment costs incurred by a participating utility
other than a combination utility in satisfying its
infrastructure investment program commitments described in
subsection (b) of this Section exceed $3,000,000,000 or, for a
participating utility that is a combination utility,
$720,000,000. If the participating utility's updated cost
estimates for satisfying its infrastructure investment program
commitments described in subsection (b) of this Section exceed
the limitation imposed by this subsection (b-5), then it shall
submit a report to the Commission that identifies the
increased costs and explains the reason or reasons for the
increased costs no later than the year in which the utility
estimates it will exceed the limitation. The Commission shall
review the report and shall, within 90 days after the
participating utility files the report, report to the General
Assembly its findings regarding the participating utility's
report. If the General Assembly does not amend the limitation

SB2437 - 1320 - LRB103 26700 AMC 53063 b
imposed by this subsection (b-5), then the utility may modify
its plan so as not to exceed the limitation imposed by this
subsection (b-5) and may propose corresponding changes to the
metrics established pursuant to subparagraphs (5) through (8)
of subsection (f) of this Section, and the Commission may
modify the metrics and incremental savings goals established
pursuant to subsection (f) of this Section accordingly.
(b-10) All participating utilities shall make
contributions for an energy low-income and support program in
accordance with this subsection. Beginning no later than 180
days after a participating utility files a performance-based
formula rate tariff pursuant to subsection (c) of this
Section, or beginning no later than January 1, 2012 if such
utility files such performance-based formula rate tariff
within 14 days of December 30, 2011 (the effective date of
Public Act 97-646), and without obtaining any approvals from
the Commission or any other agency other than as set forth in
this Section, regardless of whether any such approval would
otherwise be required, a participating utility other than a
combination utility shall pay $10,000,000 per year for 5 years
and a participating utility that is a combination utility
shall pay $1,000,000 per year for 10 years to the energy
low-income and support program, which is intended to fund
customer assistance programs with the primary purpose being
avoidance of imminent disconnection. Such programs may
include:

SB2437 - 1321 - LRB103 26700 AMC 53063 b
(1) a residential hardship program that may partner
with community-based organizations, including senior
citizen organizations, and provides grants to low-income
residential customers, including low-income senior
citizens, who demonstrate a hardship;
(2) a program that provides grants and other bill
payment concessions to veterans with disabilities who
demonstrate a hardship and members of the armed services
or reserve forces of the United States or members of the
Illinois National Guard who are on 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 and who demonstrate a hardship;
(3) a budget assistance program that provides tools
and education to low-income senior citizens to assist them
with obtaining information regarding energy usage and
effective means of managing energy costs;
(4) a non-residential special hardship program that
provides grants to non-residential customers such as small
businesses and non-profit organizations that demonstrate a
hardship, including those providing services to senior
citizen and low-income customers; and
(5) a performance-based assistance program that
provides grants to encourage residential customers to make
on-time payments by matching a portion of the customer's
payments or providing credits towards arrearages.

SB2437 - 1322 - LRB103 26700 AMC 53063 b
The payments made by a participating utility pursuant to
this subsection (b-10) shall not be a recoverable expense. A
participating utility may elect to fund either new or existing
customer assistance programs, including, but not limited to,
those that are administered by the utility.
Programs that use funds that are provided by a
participating utility to reduce utility bills may be
implemented through tariffs that are filed with and reviewed
by the Commission. If a utility elects to file tariffs with the
Commission to implement all or a portion of the programs,
those tariffs shall, regardless of the date actually filed, be
deemed accepted and approved, and shall become effective on
December 30, 2011 (the effective date of Public Act 97-646).
The participating utilities whose customers benefit from the
funds that are disbursed as contemplated in this Section shall
file annual reports documenting the disbursement of those
funds with the Commission. The Commission has the authority to
audit disbursement of the funds to ensure they were disbursed
consistently with this Section.
If the Commission finds that a participating utility is no
longer eligible to update the performance-based formula rate
tariff pursuant to subsection (d) of this Section, or the
performance-based formula rate is otherwise terminated, then
the participating utility's voluntary commitments and
obligations under this subsection (b-10) shall immediately
terminate.

SB2437 - 1323 - LRB103 26700 AMC 53063 b
(c) A participating utility may elect to recover its
delivery services costs through a performance-based formula
rate approved by the Commission, which shall specify the cost
components that form the basis of the rate charged to
customers with sufficient specificity to operate in a
standardized manner and be updated annually with transparent
information that reflects the utility's actual costs to be
recovered during the applicable rate year, which is the period
beginning with the first billing day of January and extending
through the last billing day of the following December. In the
event the utility recovers a portion of its costs through
automatic adjustment clause tariffs on October 26, 2011 (the
effective date of Public Act 97-616), the utility may elect to
continue to recover these costs through such tariffs, but then
these costs shall not be recovered through the
performance-based formula rate. In the event the participating
utility, prior to December 30, 2011 (the effective date of
Public Act 97-646), filed electric delivery services tariffs
with the Commission pursuant to Section 9-201 of this Act that
are related to the recovery of its electric delivery services
costs that are still pending on December 30, 2011 (the
effective date of Public Act 97-646), the participating
utility shall, at the time it files its performance-based
formula rate tariff with the Commission, also file a notice of
withdrawal with the Commission to withdraw the electric
delivery services tariffs previously filed pursuant to Section

SB2437 - 1324 - LRB103 26700 AMC 53063 b
9-201 of this Act. Upon receipt of such notice, the Commission
shall dismiss with prejudice any docket that had been
initiated to investigate the electric delivery services
tariffs filed pursuant to Section 9-201 of this Act, and such
tariffs and the record related thereto shall not be the
subject of any further hearing, investigation, or proceeding
of any kind related to rates for electric delivery services.
The performance-based formula rate shall be implemented
through a tariff filed with the Commission consistent with the
provisions of this subsection (c) that shall be applicable to
all delivery services customers. The Commission shall initiate
and conduct an investigation of the tariff in a manner
consistent with the provisions of this subsection (c) and the
provisions of Article IX of this Act to the extent they do not
conflict with this subsection (c). Except in the case where
the Commission finds, after notice and hearing, that a
participating utility is not satisfying its investment amount
commitments under subsection (b) of this Section, the
performance-based formula rate shall remain in effect at the
discretion of the utility. The performance-based formula rate
approved by the Commission shall do the following:
(1) Provide for the recovery of the utility's actual
costs of delivery services that are prudently incurred and
reasonable in amount consistent with Commission practice
and law. The sole fact that a cost differs from that
incurred in a prior calendar year or that an investment is

SB2437 - 1325 - LRB103 26700 AMC 53063 b
different from that made in a prior calendar year shall
not imply the imprudence or unreasonableness of that cost
or investment.
(2) Reflect the utility's actual year-end capital
structure for the applicable calendar year, excluding
goodwill, subject to a determination of prudence and
reasonableness consistent with Commission practice and
law. To enable the financing of the incremental capital
expenditures, including regulatory assets, for electric
utilities that serve less than 3,000,000 retail customers
but more than 500,000 retail customers in the State, a
participating electric utility's actual year-end capital
structure that includes a common equity ratio, excluding
goodwill, of up to and including 50% of the total capital
structure shall be deemed reasonable and used to set
rates.
(3) Include a cost of equity, which shall be
calculated as the sum of the following:
(A) the average for the applicable calendar year
of the monthly average yields of 30-year U.S. Treasury
bonds published by the Board of Governors of the
Federal Reserve System in its weekly H.15 Statistical
Release or successor publication; and
(B) 580 basis points.
At such time as the Board of Governors of the Federal
Reserve System ceases to include the monthly average

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yields of 30-year U.S. Treasury bonds in its weekly H.15
Statistical Release or successor publication, the monthly
average yields of the U.S. Treasury bonds then having the
longest duration published by the Board of Governors in
its weekly H.15 Statistical Release or successor
publication shall instead be used for purposes of this
paragraph (3).
(4) Permit and set forth protocols, subject to a
determination of prudence and reasonableness consistent
with Commission practice and law, for the following:
(A) recovery of incentive compensation expense
that is based on the achievement of operational
metrics, including metrics related to budget controls,
outage duration and frequency, safety, customer
service, efficiency and productivity, and
environmental compliance. Incentive compensation
expense that is based on net income or an affiliate's
earnings per share shall not be recoverable under the
performance-based formula rate;
(B) recovery of pension and other post-employment
benefits expense, provided that such costs are
supported by an actuarial study;
(C) recovery of severance costs, provided that if
the amount is over $3,700,000 for a participating
utility that is a combination utility or $10,000,000
for a participating utility that serves more than 3

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million retail customers, then the full amount shall
be amortized consistent with subparagraph (F) of this
paragraph (4);
(D) investment return at a rate equal to the
utility's weighted average cost of long-term debt, on
the pension assets as, and in the amount, reported in
Account 186 (or in such other Account or Accounts as
such asset may subsequently be recorded) of the
utility's most recently filed FERC Form 1, net of
deferred tax benefits;
(E) recovery of the expenses related to the
Commission proceeding under this subsection (c) to
approve this performance-based formula rate and
initial rates or to subsequent proceedings related to
the formula, provided that the recovery shall be
amortized over a 3-year period; recovery of expenses
related to the annual Commission proceedings under
subsection (d) of this Section to review the inputs to
the performance-based formula rate shall be expensed
and recovered through the performance-based formula
rate;
(F) amortization over a 5-year period of the full
amount of each charge or credit that exceeds
$3,700,000 for a participating utility that is a
combination utility or $10,000,000 for a participating
utility that serves more than 3 million retail

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customers in the applicable calendar year and that
relates to a workforce reduction program's severance
costs, changes in accounting rules, changes in law,
compliance with any Commission-initiated audit, or a
single storm or other similar expense, provided that
any unamortized balance shall be reflected in the rate
base. For purposes of this subparagraph (F), changes
in law includes any enactment, repeal, or amendment in
a law, ordinance, rule, regulation, interpretation,
permit, license, consent, or order, including those
relating to taxes, accounting, or to environmental
matters, or in the interpretation or application
thereof by any governmental authority occurring after
October 26, 2011 (the effective date of Public Act
97-616);
(G) recovery of existing regulatory assets over
the periods previously authorized by the Commission;
(H) historical weather normalized billing
determinants; and
(I) allocation methods for common costs.
(5) Provide that if the participating utility's earned
rate of return on common equity related to the provision
of delivery services for the prior rate year (calculated
using costs and capital structure approved by the
Commission as provided in subparagraph (2) of this
subsection (c), consistent with this Section, in

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accordance with Commission rules and orders, including,
but not limited to, adjustments for goodwill, and after
any Commission-ordered disallowances and taxes) is more
than 50 basis points higher than the rate of return on
common equity calculated pursuant to paragraph (3) of this
subsection (c) (after adjusting for any penalties to the
rate of return on common equity applied pursuant to the
performance metrics provision of subsection (f) of this
Section), then the participating utility shall apply a
credit through the performance-based formula rate that
reflects an amount equal to the value of that portion of
the earned rate of return on common equity that is more
than 50 basis points higher than the rate of return on
common equity calculated pursuant to paragraph (3) of this
subsection (c) (after adjusting for any penalties to the
rate of return on common equity applied pursuant to the
performance metrics provision of subsection (f) of this
Section) for the prior rate year, adjusted for taxes. If
the participating utility's earned rate of return on
common equity related to the provision of delivery
services for the prior rate year (calculated using costs
and capital structure approved by the Commission as
provided in subparagraph (2) of this subsection (c),
consistent with this Section, in accordance with
Commission rules and orders, including, but not limited
to, adjustments for goodwill, and after any

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Commission-ordered disallowances and taxes) is more than
50 basis points less than the return on common equity
calculated pursuant to paragraph (3) of this subsection
(c) (after adjusting for any penalties to the rate of
return on common equity applied pursuant to the
performance metrics provision of subsection (f) of this
Section), then the participating utility shall apply a
charge through the performance-based formula rate that
reflects an amount equal to the value of that portion of
the earned rate of return on common equity that is more
than 50 basis points less than the rate of return on common
equity calculated pursuant to paragraph (3) of this
subsection (c) (after adjusting for any penalties to the
rate of return on common equity applied pursuant to the
performance metrics provision of subsection (f) of this
Section) for the prior rate year, adjusted for taxes.
(6) Provide for an annual reconciliation, as described
in subsection (d) of this Section, with interest, of the
revenue requirement reflected in rates for each calendar
year, beginning with the calendar year in which the
utility files its performance-based formula rate tariff
pursuant to subsection (c) of this Section, with what the
revenue requirement would have been had the actual cost
information for the applicable calendar year been
available at the filing date.
The utility shall file, together with its tariff, final

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data based on its most recently filed FERC Form 1, plus
projected plant additions and correspondingly updated
depreciation reserve and expense for the calendar year in
which the tariff and data are filed, that shall populate the
performance-based formula rate and set the initial delivery
services rates under the formula. For purposes of this
Section, "FERC Form 1" means the Annual Report of Major
Electric Utilities, Licensees and Others that electric
utilities are required to file with the Federal Energy
Regulatory Commission under the Federal Power Act, Sections 3,
4(a), 304 and 209, modified as necessary to be consistent with
83 Ill. Adm. Admin. Code Part 415 as of May 1, 2011. Nothing in
this Section is intended to allow costs that are not otherwise
recoverable to be recoverable by virtue of inclusion in FERC
Form 1.
After the utility files its proposed performance-based
formula rate structure and protocols and initial rates, the
Commission shall initiate a docket to review the filing. The
Commission shall enter an order approving, or approving as
modified, the performance-based formula rate, including the
initial rates, as just and reasonable within 270 days after
the date on which the tariff was filed, or, if the tariff is
filed within 14 days after October 26, 2011 (the effective
date of Public Act 97-616), then by May 31, 2012. Such review
shall be based on the same evidentiary standards, including,
but not limited to, those concerning the prudence and

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reasonableness of the costs incurred by the utility, the
Commission applies in a hearing to review a filing for a
general increase in rates under Article IX of this Act. The
initial rates shall take effect within 30 days after the
Commission's order approving the performance-based formula
rate tariff.
Until such time as the Commission approves a different
rate design and cost allocation pursuant to subsection (e) of
this Section, rate design and cost allocation across customer
classes shall be consistent with the Commission's most recent
order regarding the participating utility's request for a
general increase in its delivery services rates.
Subsequent changes to the performance-based formula rate
structure or protocols shall be made as set forth in Section
9-201 of this Act, but nothing in this subsection (c) is
intended to limit the Commission's authority under Article IX
and other provisions of this Act to initiate an investigation
of a participating utility's performance-based formula rate
tariff, provided that any such changes shall be consistent
with paragraphs (1) through (6) of this subsection (c). Any
change ordered by the Commission shall be made at the same time
new rates take effect following the Commission's next order
pursuant to subsection (d) of this Section, provided that the
new rates take effect no less than 30 days after the date on
which the Commission issues an order adopting the change.
A participating utility that files a tariff pursuant to

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this subsection (c) must submit a one-time $200,000 filing fee
at the time the Chief Clerk of the Commission accepts the
filing, which shall be a recoverable expense.
In the event the performance-based formula rate is
terminated, the then current rates shall remain in effect
until such time as new rates are set pursuant to Article IX of
this Act, subject to retroactive rate adjustment, with
interest, to reconcile rates charged with actual costs. At
such time that the performance-based formula rate is
terminated, the participating utility's voluntary commitments
and obligations under subsection (b) of this Section shall
immediately terminate, except for the utility's obligation to
pay an amount already owed to the fund for training grants
pursuant to a Commission order issued under subsection (b) of
this Section.
(d) Subsequent to the Commission's issuance of an order
approving the utility's performance-based formula rate
structure and protocols, and initial rates under subsection
(c) of this Section, the utility shall file, on or before May 1
of each year, with the Chief Clerk of the Commission its
updated cost inputs to the performance-based formula rate for
the applicable rate year and the corresponding new charges.
Each such filing shall conform to the following requirements
and include the following information:
(1) The inputs to the performance-based formula rate
for the applicable rate year shall be based on final

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historical data reflected in the utility's most recently
filed annual FERC Form 1 plus projected plant additions
and correspondingly updated depreciation reserve and
expense for the calendar year in which the inputs are
filed. The filing shall also include a reconciliation of
the revenue requirement that was in effect for the prior
rate year (as set by the cost inputs for the prior rate
year) with the actual revenue requirement for the prior
rate year (determined using a year-end rate base) that
uses amounts reflected in the applicable FERC Form 1 that
reports the actual costs for the prior rate year. Any
over-collection or under-collection indicated by such
reconciliation shall be reflected as a credit against, or
recovered as an additional charge to, respectively, with
interest calculated at a rate equal to the utility's
weighted average cost of capital approved by the
Commission for the prior rate year, the charges for the
applicable rate year. Provided, however, that the first
such reconciliation shall be for the calendar year in
which the utility files its performance-based formula rate
tariff pursuant to subsection (c) of this Section and
shall reconcile (i) the revenue requirement or
requirements established by the rate order or orders in
effect from time to time during such calendar year
(weighted, as applicable) with (ii) the revenue
requirement determined using a year-end rate base for that

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calendar year calculated pursuant to the performance-based
formula rate using (A) actual costs for that year as
reflected in the applicable FERC Form 1, and (B) for the
first such reconciliation only, the cost of equity, which
shall be calculated as the sum of 590 basis points plus the
average for the applicable calendar year of the monthly
average yields of 30-year U.S. Treasury bonds published by
the Board of Governors of the Federal Reserve System in
its weekly H.15 Statistical Release or successor
publication. The first such reconciliation is not intended
to provide for the recovery of costs previously excluded
from rates based on a prior Commission order finding of
imprudence or unreasonableness. Each reconciliation shall
be certified by the participating utility in the same
manner that FERC Form 1 is certified. The filing shall
also include the charge or credit, if any, resulting from
the calculation required by paragraph (6) of subsection
(c) of this Section.
Notwithstanding anything that may be to the contrary,
the intent of the reconciliation is to ultimately
reconcile the revenue requirement reflected in rates for
each calendar year, beginning with the calendar year in
which the utility files its performance-based formula rate
tariff pursuant to subsection (c) of this Section, with
what the revenue requirement determined using a year-end
rate base for the applicable calendar year would have been

SB2437 - 1336 - LRB103 26700 AMC 53063 b
had the actual cost information for the applicable
calendar year been available at the filing date.
(2) The new charges shall take effect beginning on the
first billing day of the following January billing period
and remain in effect through the last billing day of the
next December billing period regardless of whether the
Commission enters upon a hearing pursuant to this
subsection (d).
(3) The filing shall include relevant and necessary
data and documentation for the applicable rate year that
is consistent with the Commission's rules applicable to a
filing for a general increase in rates or any rules
adopted by the Commission to implement this Section.
Normalization adjustments shall not be required.
Notwithstanding any other provision of this Section or Act
or any rule or other requirement adopted by the
Commission, a participating utility that is a combination
utility with more than one rate zone shall not be required
to file a separate set of such data and documentation for
each rate zone and may combine such data and documentation
into a single set of schedules.
Within 45 days after the utility files its annual update
of cost inputs to the performance-based formula rate, the
Commission shall have the authority, either upon complaint or
its own initiative, but with reasonable notice, to enter upon
a hearing concerning the prudence and reasonableness of the

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costs incurred by the utility to be recovered during the
applicable rate year that are reflected in the inputs to the
performance-based formula rate derived from the utility's FERC
Form 1. During the course of the hearing, each objection shall
be stated with particularity and evidence provided in support
thereof, after which the utility shall have the opportunity to
rebut the evidence. Discovery shall be allowed consistent with
the Commission's Rules of Practice, which Rules shall be
enforced by the Commission or the assigned administrative law
judge. The Commission shall apply the same evidentiary
standards, including, but not limited to, those concerning the
prudence and reasonableness of the costs incurred by the
utility, in the hearing as it would apply in a hearing to
review a filing for a general increase in rates under Article
IX of this Act. The Commission shall not, however, have the
authority in a proceeding under this subsection (d) to
consider or order any changes to the structure or protocols of
the performance-based formula rate approved pursuant to
subsection (c) of this Section. In a proceeding under this
subsection (d), the Commission shall enter its order no later
than the earlier of 240 days after the utility's filing of its
annual update of cost inputs to the performance-based formula
rate or December 31. The Commission's determinations of the
prudence and reasonableness of the costs incurred for the
applicable calendar year shall be final upon entry of the
Commission's order and shall not be subject to reopening,

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reexamination, or collateral attack in any other Commission
proceeding, case, docket, order, rule or regulation, provided,
however, that nothing in this subsection (d) shall prohibit a
party from petitioning the Commission to rehear or appeal to
the courts the order pursuant to the provisions of this Act.
In the event the Commission does not, either upon
complaint or its own initiative, enter upon a hearing within
45 days after the utility files the annual update of cost
inputs to its performance-based formula rate, then the costs
incurred for the applicable calendar year shall be deemed
prudent and reasonable, and the filed charges shall not be
subject to reopening, reexamination, or collateral attack in
any other proceeding, case, docket, order, rule, or
regulation.
A participating utility's first filing of the updated cost
inputs, and any Commission investigation of such inputs
pursuant to this subsection (d) shall proceed notwithstanding
the fact that the Commission's investigation under subsection
(c) of this Section is still pending and notwithstanding any
other law, order, rule, or Commission practice to the
contrary.
(e) Nothing in subsections (c) or (d) of this Section
shall prohibit the Commission from investigating, or a
participating utility from filing, revenue-neutral tariff
changes related to rate design of a performance-based formula
rate that has been placed into effect for the utility.

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Following approval of a participating utility's
performance-based formula rate tariff pursuant to subsection
(c) of this Section, the utility shall make a filing with the
Commission within one year after the effective date of the
performance-based formula rate tariff that proposes changes to
the tariff to incorporate the findings of any final rate
design orders of the Commission applicable to the
participating utility and entered subsequent to the
Commission's approval of the tariff. The Commission shall,
after notice and hearing, enter its order approving, or
approving with modification, the proposed changes to the
performance-based formula rate tariff within 240 days after
the utility's filing. Following such approval, the utility
shall make a filing with the Commission during each subsequent
3-year period that either proposes revenue-neutral tariff
changes or re-files the existing tariffs without change, which
shall present the Commission with an opportunity to suspend
the tariffs and consider revenue-neutral tariff changes
related to rate design.
(f) Within 30 days after the filing of a tariff pursuant to
subsection (c) of this Section, each participating utility
shall develop and file with the Commission multi-year metrics
designed to achieve, ratably (i.e., in equal segments) over a
10-year period, improvement over baseline performance values
as follows:
(1) Twenty percent improvement in the System Average

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Interruption Frequency Index, using a baseline of the
average of the data from 2001 through 2010.
(2) Fifteen percent improvement in the system Customer
Average Interruption Duration Index, using a baseline of
the average of the data from 2001 through 2010.
(3) For a participating utility other than a
combination utility, 20% improvement in the System Average
Interruption Frequency Index for its Southern Region,
using a baseline of the average of the data from 2001
through 2010. For purposes of this paragraph (3), Southern
Region shall have the meaning set forth in the
participating utility's most recent report filed pursuant
to Section 16-125 of this Act.
(3.5) For a participating utility other than a
combination utility, 20% improvement in the System Average
Interruption Frequency Index for its Northeastern Region,
using a baseline of the average of the data from 2001
through 2010. For purposes of this paragraph (3.5),
Northeastern Region shall have the meaning set forth in
the participating utility's most recent report filed
pursuant to Section 16-125 of this Act.
(4) Seventy-five percent improvement in the total
number of customers who exceed the service reliability
targets as set forth in subparagraphs (A) through (C) of
paragraph (4) of subsection (b) of 83 Ill. Adm. Admin.
Code Part 411.140 as of May 1, 2011, using 2010 as the

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baseline year.
(5) Reduction in issuance of estimated electric bills:
90% improvement for a participating utility other than a
combination utility, and 56% improvement for a
participating utility that is a combination utility, using
a baseline of the average number of estimated bills for
the years 2008 through 2010.
(6) Consumption on inactive meters: 90% improvement
for a participating utility other than a combination
utility, and 56% improvement for a participating utility
that is a combination utility, using a baseline of the
average unbilled kilowatthours for the years 2009 and
2010.
(7) Unaccounted for energy: 50% improvement for a
participating utility other than a combination utility
using a baseline of the non-technical line loss
unaccounted for energy kilowatthours for the year 2009.
(8) Uncollectible expense: reduce uncollectible
expense by at least $30,000,000 for a participating
utility other than a combination utility and by at least
$3,500,000 for a participating utility that is a
combination utility, using a baseline of the average
uncollectible expense for the years 2008 through 2010.
(9) Opportunities for minority-owned and female-owned
business enterprises: design a performance metric
regarding the creation of opportunities for minority-owned

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and female-owned business enterprises consistent with
State and federal law using a base performance value of
the percentage of the participating utility's capital
expenditures that were paid to minority-owned and
female-owned business enterprises in 2010.
The definitions set forth in 83 Ill. Adm. Admin. Code Part
411.20 as of May 1, 2011 shall be used for purposes of
calculating performance under paragraphs (1) through (3.5) of
this subsection (f), provided, however, that the participating
utility may exclude up to 9 extreme weather event days from
such calculation for each year, and provided further that the
participating utility shall exclude 9 extreme weather event
days when calculating each year of the baseline period to the
extent that there are 9 such days in a given year of the
baseline period. For purposes of this Section, an extreme
weather event day is a 24-hour calendar day (beginning at
12:00 a.m. and ending at 11:59 p.m.) during which any weather
event (e.g., storm, tornado) caused interruptions for 10,000
or more of the participating utility's customers for 3 hours
or more. If there are more than 9 extreme weather event days in
a year, then the utility may choose no more than 9 extreme
weather event days to exclude, provided that the same extreme
weather event days are excluded from each of the calculations
performed under paragraphs (1) through (3.5) of this
subsection (f).
The metrics shall include incremental performance goals

SB2437 - 1343 - LRB103 26700 AMC 53063 b
for each year of the 10-year period, which shall be designed to
demonstrate that the utility is on track to achieve the
performance goal in each category at the end of the 10-year
period. The utility shall elect when the 10-year period shall
commence for the metrics set forth in subparagraphs (1)
through (4) and (9) of this subsection (f), provided that it
begins no later than 14 months following the date on which the
utility begins investing pursuant to subsection (b) of this
Section, and when the 10-year period shall commence for the
metrics set forth in subparagraphs (5) through (8) of this
subsection (f), provided that it begins no later than 14
months following the date on which the Commission enters its
order approving the utility's Advanced Metering Infrastructure
Deployment Plan pursuant to subsection (c) of Section 16-108.6
of this Act.
The metrics and performance goals set forth in
subparagraphs (5) through (8) of this subsection (f) are based
on the assumptions that the participating utility may fully
implement the technology described in subsection (b) of this
Section, including utilizing the full functionality of such
technology and that there is no requirement for personal
on-site notification. If the utility is unable to meet the
metrics and performance goals set forth in subparagraphs (5)
through (8) of this subsection (f) for such reasons, and the
Commission so finds after notice and hearing, then the utility
shall be excused from compliance, but only to the limited

SB2437 - 1344 - LRB103 26700 AMC 53063 b
extent achievement of the affected metrics and performance
goals was hindered by the less than full implementation.
(f-5) The financial penalties applicable to the metrics
described in subparagraphs (1) through (8) of subsection (f)
of this Section, as applicable, shall be applied through an
adjustment to the participating utility's return on equity of
no more than a total of 30 basis points in each of the first 3
years, of no more than a total of 34 basis points in each of
the 3 years thereafter, and of no more than a total of 38 basis
points in each of the 4 years thereafter, as follows:
(1) With respect to each of the incremental annual
performance goals established pursuant to paragraph (1) of
subsection (f) of this Section,
(A) for each year that a participating utility
other than a combination utility does not achieve the
annual goal, the participating utility's return on
equity shall be reduced as follows: during years 1
through 3, by 5 basis points; during years 4 through 6,
by 6 basis points; and during years 7 through 10, by 7
basis points; and
(B) for each year that a participating utility
that is a combination utility does not achieve the
annual goal, the participating utility's return on
equity shall be reduced as follows: during years 1
through 3, by 10 basis points; during years 4 through
6, by 12 basis points; and during years 7 through 10,

SB2437 - 1345 - LRB103 26700 AMC 53063 b
by 14 basis points.
(2) With respect to each of the incremental annual
performance goals established pursuant to paragraph (2) of
subsection (f) of this Section, for each year that the
participating utility does not achieve each such goal, the
participating utility's return on equity shall be reduced
as follows: during years 1 through 3, by 5 basis points;
during years 4 through 6, by 6 basis points; and during
years 7 through 10, by 7 basis points.
(3) With respect to each of the incremental annual
performance goals established pursuant to paragraphs (3)
and (3.5) of subsection (f) of this Section, for each year
that a participating utility other than a combination
utility does not achieve both such goals, the
participating utility's return on equity shall be reduced
as follows: during years 1 through 3, by 5 basis points;
during years 4 through 6, by 6 basis points; and during
years 7 through 10, by 7 basis points.
(4) With respect to each of the incremental annual
performance goals established pursuant to paragraph (4) of
subsection (f) of this Section, for each year that the
participating utility does not achieve each such goal, the
participating utility's return on equity shall be reduced
as follows: during years 1 through 3, by 5 basis points;
during years 4 through 6, by 6 basis points; and during
years 7 through 10, by 7 basis points.

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(5) With respect to each of the incremental annual
performance goals established pursuant to subparagraph (5)
of subsection (f) of this Section, for each year that the
participating utility does not achieve at least 95% of
each such goal, the participating utility's return on
equity shall be reduced by 5 basis points for each such
unachieved goal.
(6) With respect to each of the incremental annual
performance goals established pursuant to paragraphs (6),
(7), and (8) of subsection (f) of this Section, as
applicable, which together measure non-operational
customer savings and benefits relating to the
implementation of the Advanced Metering Infrastructure
Deployment Plan, as defined in Section 16-108.6 of this
Act, the performance under each such goal shall be
calculated in terms of the percentage of the goal
achieved. The percentage of goal achieved for each of the
goals shall be aggregated, and an average percentage value
calculated, for each year of the 10-year period. If the
utility does not achieve an average percentage value in a
given year of at least 95%, the participating utility's
return on equity shall be reduced by 5 basis points.
The financial penalties shall be applied as described in
this subsection (f-5) for the 12-month period in which the
deficiency occurred through a separate tariff mechanism, which
shall be filed by the utility together with its metrics. In the

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event the formula rate tariff established pursuant to
subsection (c) of this Section terminates, the utility's
obligations under subsection (f) of this Section and this
subsection (f-5) shall also terminate, provided, however, that
the tariff mechanism established pursuant to subsection (f) of
this Section and this subsection (f-5) shall remain in effect
until any penalties due and owing at the time of such
termination are applied.
The Commission shall, after notice and hearing, enter an
order within 120 days after the metrics are filed approving,
or approving with modification, a participating utility's
tariff or mechanism to satisfy the metrics set forth in
subsection (f) of this Section. On June 1 of each subsequent
year, each participating utility shall file a report with the
Commission that includes, among other things, a description of
how the participating utility performed under each metric and
an identification of any extraordinary events that adversely
impacted the utility's performance. Whenever a participating
utility does not satisfy the metrics required pursuant to
subsection (f) of this Section, the Commission shall, after
notice and hearing, enter an order approving financial
penalties in accordance with this subsection (f-5). The
Commission-approved financial penalties shall be applied
beginning with the next rate year. Nothing in this Section
shall authorize the Commission to reduce or otherwise obviate
the imposition of financial penalties for failing to achieve

SB2437 - 1348 - LRB103 26700 AMC 53063 b
one or more of the metrics established pursuant to
subparagraphs subparagraph (1) through (4) of subsection (f)
of this Section.
(g) On or before July 31, 2014, each participating utility
shall file a report with the Commission that sets forth the
average annual increase in the average amount paid per
kilowatthour for residential eligible retail customers,
exclusive of the effects of energy efficiency programs,
comparing the 12-month period ending May 31, 2012; the
12-month period ending May 31, 2013; and the 12-month period
ending May 31, 2014. For a participating utility that is a
combination utility with more than one rate zone, the weighted
average aggregate increase shall be provided. The report shall
be filed together with a statement from an independent auditor
attesting to the accuracy of the report. The cost of the
independent auditor shall be borne by the participating
utility and shall not be a recoverable expense. "The average
amount paid per kilowatthour" shall be based on the
participating utility's tariffed rates actually in effect and
shall not be calculated using any hypothetical rate or
adjustments to actual charges (other than as specified for
energy efficiency) as an input.
In the event that the average annual increase exceeds 2.5%
as calculated pursuant to this subsection (g), then Sections
16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other
than this subsection, shall be inoperative as they relate to

SB2437 - 1349 - LRB103 26700 AMC 53063 b
the utility and its service area as of the date of the report
due to be submitted pursuant to this subsection and the
utility shall no longer be eligible to annually update the
performance-based formula rate tariff pursuant to subsection
(d) of this Section. In such event, the then current rates
shall remain in effect until such time as new rates are set
pursuant to Article IX of this Act, subject to retroactive
adjustment, with interest, to reconcile rates charged with
actual costs, and the participating utility's voluntary
commitments and obligations under subsection (b) of this
Section shall immediately terminate, except for the utility's
obligation to pay an amount already owed to the fund for
training grants pursuant to a Commission order issued under
subsection (b) of this Section.
In the event that the average annual increase is 2.5% or
less as calculated pursuant to this subsection (g), then the
performance-based formula rate shall remain in effect as set
forth in this Section.
For purposes of this Section, the amount per kilowatthour
means the total amount paid for electric service expressed on
a per kilowatthour basis, and the total amount paid for
electric service includes without limitation amounts paid for
supply, transmission, distribution, surcharges, and add-on
taxes exclusive of any increases in taxes or new taxes imposed
after October 26, 2011 (the effective date of Public Act
97-616). For purposes of this Section, "eligible retail

SB2437 - 1350 - LRB103 26700 AMC 53063 b
customers" shall have the meaning set forth in Section
16-111.5 of this Act.
The fact that this Section becomes inoperative as set
forth in this subsection shall not be construed to mean that
the Commission may reexamine or otherwise reopen prudence or
reasonableness determinations already made.
(h) By December 31, 2017, the Commission shall prepare and
file with the General Assembly a report on the infrastructure
program and the performance-based formula rate. The report
shall include the change in the average amount per
kilowatthour paid by residential customers between June 1,
2011 and May 31, 2017. If the change in the total average rate
paid exceeds 2.5% compounded annually, the Commission shall
include in the report an analysis that shows the portion of the
change due to the delivery services component and the portion
of the change due to the supply component of the rate. The
report shall include separate sections for each participating
utility.
Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of
this Act, other than this subsection (h) and subsection (i) of
this Section, are inoperative after December 31, 2022 for
every participating utility, after which time a participating
utility shall no longer be eligible to annually update the
performance-based formula rate tariff pursuant to subsection
(d) of this Section. At such time, the then current rates shall
remain in effect until such time as new rates are set pursuant

SB2437 - 1351 - LRB103 26700 AMC 53063 b
to Article IX of this Act, subject to retroactive adjustment,
with interest, to reconcile rates charged with actual costs.
The fact that this Section becomes inoperative as set
forth in this subsection shall not be construed to mean that
the Commission may reexamine or otherwise reopen prudence or
reasonableness determinations already made.
(i) While a participating utility may use, develop, and
maintain broadband systems and the delivery of broadband
services, voice-over-internet-protocol services,
telecommunications services, and cable and video programming
services for use in providing delivery services and Smart Grid
functionality or application to its retail customers,
including, but not limited to, the installation,
implementation and maintenance of Smart Grid electric system
upgrades as defined in Section 16-108.6 of this Act, a
participating utility is prohibited from providing to its
retail customers broadband services,
voice-over-internet-protocol services, telecommunications
services, or cable or video programming services, unless they
are part of a service directly related to delivery services or
Smart Grid functionality or applications as defined in Section
16-108.6 of this Act, and from recovering the costs of such
offerings from retail customers. The prohibition set forth in
this subsection (i) is inoperative after December 31, 2027 for
every participating utility.
(j) Nothing in this Section is intended to legislatively

SB2437 - 1352 - LRB103 26700 AMC 53063 b
overturn the opinion issued in Commonwealth Edison Co. v. Ill.
Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,
1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.
Ct. 2d Dist. Sept. 30, 2010). Public Act 97-616 shall not be
construed as creating a contract between the General Assembly
and the participating utility, and shall not establish a
property right in the participating utility.
(k) The changes made in subsections (c) and (d) of this
Section by Public Act 98-15 are intended to be a restatement
and clarification of existing law, and intended to give
binding effect to the provisions of House Resolution 1157
adopted by the House of Representatives of the 97th General
Assembly and Senate Resolution 821 adopted by the Senate of
the 97th General Assembly that are reflected in paragraph (3)
of this subsection. In addition, Public Act 98-15 preempts and
supersedes any final Commission orders entered in Docket Nos.
11-0721, 12-0001, 12-0293, and 12-0321 to the extent
inconsistent with the amendatory language added to subsections
(c) and (d).
(1) No earlier than 5 business days after May 22, 2013
(the effective date of Public Act 98-15), each
participating utility shall file any tariff changes
necessary to implement the amendatory language set forth
in subsections (c) and (d) of this Section by Public Act
98-15 and a revised revenue requirement under the
participating utility's performance-based formula rate.

SB2437 - 1353 - LRB103 26700 AMC 53063 b
The Commission shall enter a final order approving such
tariff changes and revised revenue requirement within 21
days after the participating utility's filing.
(2) Notwithstanding anything that may be to the
contrary, a participating utility may file a tariff to
retroactively recover its previously unrecovered actual
costs of delivery service that are no longer subject to
recovery through a reconciliation adjustment under
subsection (d) of this Section. This retroactive recovery
shall include any derivative adjustments resulting from
the changes to subsections (c) and (d) of this Section by
Public Act 98-15. Such tariff shall allow the utility to
assess, on current customer bills over a period of 12
monthly billing periods, a charge or credit related to
those unrecovered costs with interest at the utility's
weighted average cost of capital during the period in
which those costs were unrecovered. A participating
utility may file a tariff that implements a retroactive
charge or credit as described in this paragraph for
amounts not otherwise included in the tariff filing
provided for in paragraph (1) of this subsection (k). The
Commission shall enter a final order approving such tariff
within 21 days after the participating utility's filing.
(3) The tariff changes described in paragraphs (1) and
(2) of this subsection (k) shall relate only to, and be
consistent with, the following provisions of Public Act

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98-15: paragraph (2) of subsection (c) regarding year-end
capital structure, subparagraph (D) of paragraph (4) of
subsection (c) regarding pension assets, and subsection
(d) regarding the reconciliation components related to
year-end rate base and interest calculated at a rate equal
to the utility's weighted average cost of capital.
(4) Nothing in this subsection is intended to effect a
dismissal of or otherwise affect an appeal from any final
Commission orders entered in Docket Nos. 11-0721, 12-0001,
12-0293, and 12-0321 other than to the extent of the
amendatory language contained in subsections (c) and (d)
of this Section of Public Act 98-15.
(l) Each participating utility shall be deemed to have
been in full compliance with all requirements of subsection
(b) of this Section, subsection (c) of this Section, Section
16-108.6 of this Act, and all Commission orders entered
pursuant to Sections 16-108.5 and 16-108.6 of this Act, up to
and including May 22, 2013 (the effective date of Public Act
98-15). The Commission shall not undertake any investigation
of such compliance and no penalty shall be assessed or adverse
action taken against a participating utility for noncompliance
with Commission orders associated with subsection (b) of this
Section, subsection (c) of this Section, and Section 16-108.6
of this Act prior to such date. Each participating utility
other than a combination utility shall be permitted, without
penalty, a period of 12 months after such effective date to

SB2437 - 1355 - LRB103 26700 AMC 53063 b
take actions required to ensure its infrastructure investment
program is in compliance with subsection (b) of this Section
and with Section 16-108.6 of this Act. Provided further, the
following subparagraphs shall apply to a participating utility
other than a combination utility:
(A) if the Commission has initiated a proceeding
pursuant to subsection (e) of Section 16-108.6 of this Act
that is pending as of May 22, 2013 (the effective date of
Public Act 98-15), then the order entered in such
proceeding shall, after notice and hearing, accelerate the
commencement of the meter deployment schedule approved in
the final Commission order on rehearing entered in Docket
No. 12-0298;
(B) if the Commission has entered an order pursuant to
subsection (e) of Section 16-108.6 of this Act prior to
May 22, 2013 (the effective date of Public Act 98-15) that
does not accelerate the commencement of the meter
deployment schedule approved in the final Commission order
on rehearing entered in Docket No. 12-0298, then the
utility shall file with the Commission, within 45 days
after such effective date, a plan for accelerating the
commencement of the utility's meter deployment schedule
approved in the final Commission order on rehearing
entered in Docket No. 12-0298; the Commission shall reopen
the proceeding in which it entered its order pursuant to
subsection (e) of Section 16-108.6 of this Act and shall,

SB2437 - 1356 - LRB103 26700 AMC 53063 b
after notice and hearing, enter an amendatory order that
approves or approves as modified such accelerated plan
within 90 days after the utility's filing; or
(C) if the Commission has not initiated a proceeding
pursuant to subsection (e) of Section 16-108.6 of this Act
prior to May 22, 2013 (the effective date of Public Act
98-15), then the utility shall file with the Commission,
within 45 days after such effective date, a plan for
accelerating the commencement of the utility's meter
deployment schedule approved in the final Commission order
on rehearing entered in Docket No. 12-0298 and the
Commission shall, after notice and hearing, approve or
approve as modified such plan within 90 days after the
utility's filing.
Any schedule for meter deployment approved by the
Commission pursuant to this subsection (l) shall take into
consideration procurement times for meters and other equipment
and operational issues. Nothing in Public Act 98-15 shall
shorten or extend the end dates for the 5-year or 10-year
periods set forth in subsection (b) of this Section or Section
16-108.6 of this Act. Nothing in this subsection is intended
to address whether a participating utility has, or has not,
satisfied any or all of the metrics and performance goals
established pursuant to subsection (f) of this Section.
(m) The provisions of Public Act 98-15 are severable under
Section 1.31 of the Statute on Statutes.

SB2437 - 1357 - LRB103 26700 AMC 53063 b
(Source: P.A. 102-1031, eff. 5-27-22; revised 8-22-22.)
Section 460. The Broadband Advisory Council Act is amended
by changing Section 15 as follows:
(220 ILCS 80/15)
Sec. 15. Broadband Advisory Council; members of Council;
administrative support.
(a) The Broadband Advisory Council is hereby established.
The Department of Commerce and Economic Opportunity shall
house the Council and provide administrative, personnel, and
technical support services.
(b) The Council shall consist of the following 25 voting
members:
(1) the Director of Commerce and Economic Opportunity
or his or her designee, who shall serve as chair of the
Council;
(2) the Secretary of Innovation and Technology or his
or her designee;
(3) the Director of Aging or his or her designee;
(4) the Attorney General or his or her designee;
(5) the Chairman of the Illinois Commerce Commission
or his or her designee;
(6) one member appointed by the Director of Healthcare
and Family Services to represent the needs of disabled
citizens;

SB2437 - 1358 - LRB103 26700 AMC 53063 b
(7) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the president of
a statewide organization representing electric
cooperatives;
(8) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the executive
director of a statewide organization representing
municipalities;
(9) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the president of
a statewide organization representing libraries;
(10) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the president of
a statewide organization representing public housing
authorities;
(11) one member appointed by the Chair of the Illinois
Community College Board;
(12) one member appointed by the Chair of the Illinois
Board of Higher Education; and
(13) one member appointed by the Director of Commerce
and Economic Opportunity and nominated by the president of
the State's largest general farm organization;
(14) one member appointed by the Director of Aging and
nominated by an organization representing Illinois' senior
population with a membership of at least 1,500,000;
(15) seven members to represent broadband providers

SB2437 - 1359 - LRB103 26700 AMC 53063 b
for 3-year terms appointed by the Governor as follows:
(A) one member representing an incumbent local
exchange carrier that serves rural areas;
(B) one member representing an incumbent local
exchange carrier that serves urban areas;
(C) one member representing wireless carriers that
offer broadband Internet access;
(D) one member representing cable companies that
serve Illinois;
(E) one member representing a statewide rural
broadband association;
(F) one member representing a telecommunications
carrier issued a certificate of public convenience and
necessity or a certificate of service authority from
the Illinois Commerce Commission, whose principal
place of business is located in east central Illinois
and who is engaged in providing broadband access in
rural areas through the installation of broadband
lines that connect telecommunications facilities to
other telecommunications facilities or to end-users;
and
(G) one member representing satellite providers;
and
(16) four members to represent underrepresented and
ethnically diverse communities for 3-year terms appointed
by the Governor as follows:

SB2437 - 1360 - LRB103 26700 AMC 53063 b
(A) one member from a community-based organization
representing the interests of African-American or
Black individuals;
(B) one member from a community-based organization
representing the interests of Hispanic or Latino
individuals;
(C) one member from a community-based organization
representing the interests of Asian-American or
Pacific Islander individuals; and
(D) one member from a community-based organization
representing the interests of ethnically diverse
individuals.
(c) In addition to the 25 voting members of the Council,
the President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives shall each
appoint one non-voting member of the Council.
(d) All voting and non-voting members must be appointed
within 90 days after the effective date of this Act.
(e) The members shall select a vice chair from their
number. In the absence of the chair, the vice chair shall serve
as chair. The Council shall appoint a secretary-treasurer who
need not be a member of the Council and who, among other tasks
or functions designated by the Council, shall keep records of
its proceedings.
(f) The Council may appoint working groups to investigate

SB2437 - 1361 - LRB103 26700 AMC 53063 b
and make recommendations to the full Council. Members of these
working groups need not be members of the Council.
(g) Nine voting members of the Council constitute a
quorum, and the affirmative vote of a simple majority of those
members present is necessary for any action taken by vote of
the Council.
(h) The Council shall conduct its first meeting within 30
days after all members have been appointed. The Council shall
meet quarterly after its first meeting. Additional hearings
and public meetings are permitted at the discretion of the
members. The Council may meet in person or through video or
audio conference.
(i) Members shall serve without compensation and may be
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
(Source: P.A. 102-247, eff. 1-1-22; revised 8-19-22.)
Section 465. The Illinois Athletic Trainers Practice Act
is amended by changing Section 4 as follows:
(225 ILCS 5/4) (from Ch. 111, par. 7604)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Licensure; exempt activities. No person shall
provide any of the services set forth in subsection (4) of
Section 3 of this Act, or use the title "athletic trainer", or
"certified athletic trainer", or "athletic trainer certified",

SB2437 - 1362 - LRB103 26700 AMC 53063 b
or "licensed athletic trainer" or the letters "LAT", "L.A.T.",
"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after the
athletic trainer's name, unless licensed under this Act.
Nothing in this Act shall be construed as preventing or
restricting the practice, services, or activities of:
(1) Any person licensed or registered in this State by
any other law from engaging in the profession or
occupation for which he or she is licensed or registered.
(2) Any person employed as an athletic trainer by the
Government of the United States, if such person provides
athletic training solely under the direction or control of
the organization by which he or she is employed.
(3) Any person pursuing a course of study leading to a
degree in athletic training at an accredited educational
program if such activities and services constitute a part
of a supervised course of study involving daily personal
or verbal contact at the site of supervision between the
athletic training student and the licensed athletic
trainer who plans, directs, advises, and evaluates the
student's athletic training clinical education. The
supervising licensed athletic trainer must be on-site
where the athletic training clinical education is being
obtained. A person meeting the criteria under this
paragraph (3) must be designated by a title which clearly
indicates his or her status as a student.
(4) (Blank).

SB2437 - 1363 - LRB103 26700 AMC 53063 b
(5) The practice of athletic training under the
supervision of a licensed athletic trainer by one who has
applied in writing to the Department for licensure and has
complied with all the provisions of Section 9 except the
passing of the examination to be eligible to receive such
license. This temporary right to act as an athletic
trainer shall expire 3 months after the filing of his or
her written application to the Department; when the
applicant has been notified of his or her failure to pass
the examination authorized by the Department; when the
applicant has withdrawn his or her application; when the
applicant has received a license from the Department after
successfully passing the examination authorized by the
Department; or when the applicant has been notified by the
Department to cease and desist from practicing, whichever
occurs first. This provision shall not apply to an
applicant who has previously failed the examination.
(6) Any person in a coaching position from rendering
emergency care on an as needed basis to the athletes under
his or her supervision when a licensed athletic trainer is
not available.
(7) Any person who is an athletic trainer from another
state or territory of the United States or another nation,
state, or territory acting as an athletic trainer while
performing his or her duties for his or her respective
non-Illinois based team or organization, so long as he or

SB2437 - 1364 - LRB103 26700 AMC 53063 b
she restricts his or her duties to his or her team or
organization during the course of his or her team's or
organization's stay in this State. For the purposes of
this Act, a team shall be considered based in Illinois if
its home contests are held in Illinois, regardless of the
location of the team's administrative offices.
(8) The practice of athletic training by persons
licensed in another state who have applied in writing to
the Department for licensure by endorsement. This
temporary right to act as an athletic trainer shall expire
6 months after the filing of his or her written
application to the Department; upon the withdrawal of the
application for licensure under this Act; upon delivery of
a notice of intent to deny the application from the
Department; or upon the denial of the application by the
Department, whichever occurs first.
(9) The practice of athletic training by one who has
applied in writing to the Department for licensure and has
complied with all the provisions of Section 9. This
temporary right to act as an athletic trainer shall expire
6 months after the filing of his or her written
application to the Department; upon the withdrawal of the
application for licensure under this Act; upon delivery of
a notice of intent to deny the application from the
Department; or upon the denial of the application by the
Department, whichever occurs first.

SB2437 - 1365 - LRB103 26700 AMC 53063 b
(10) The practice of athletic training by persons
actively licensed as an athletic trainer in another state
or territory of the United States or another country, or
currently certified by the Board of Certification, or its
successor entity, at a special athletic tournament or
event conducted by a sanctioned amateur athletic
organization for no more than 14 days. This shall not
include contests or events that are part of a scheduled
series of regular season events.
(11) Aides from performing patient care activities
under the on-site supervision of a licensed athletic
trainer. These patient care activities shall not include
interpretation of referrals or evaluation procedures,
planning or major modifications of patient programs,
administration of medication, or solo practice or event
coverage without immediate access to a licensed athletic
trainer.
(12) (Blank). Persons or entities practicing the
specified occupations set forth in subsection (a) of, and
pursuant to a licensing exemption granted in subsection
(b) or (d) of, Section 2105-350 of the Department of
Professional Regulation Law of the Civil Administrative
Code of Illinois, but only for so long as the 2016 Olympic
and Paralympic Games Professional Licensure Exemption Law
is operable.
(Source: P.A. 102-940, eff. 1-1-23; revised 12-9-22.)

SB2437 - 1366 - LRB103 26700 AMC 53063 b
Section 470. The Dietitian Nutritionist Practice Act is
amended by changing Sections 100 and 105 as follows:
(225 ILCS 30/100) (from Ch. 111, par. 8401-100)
(Section scheduled to be repealed on January 1, 2028)
Sec. 100. Injunctions; cease and desist orders.
(a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois through the Attorney General of the State of Illinois
or the State's Attorney of the county in which the violation is
alleged to have occurred, petition for an order enjoining the
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the Court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) If any person provides, offers to provide, attempts to
provide or holds himself or herself out as qualified,
licensed, or able to provide medical nutrition therapy or
holds oneself out as licensed or qualified to practice
dietetics and nutrition or holds oneself out as a licensed

SB2437 - 1367 - LRB103 26700 AMC 53063 b
dietitian nutritionist or uses words or letters in connection
with the person's name in violation of Section 80 without
having a valid license under this Act, then any licensee, any
interested party, or any person injured thereby may, in
addition to the Secretary, petition for relief as provided in
subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should be
entered against him or her. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an in order to
cease and desist to be issued immediately.
(Source: P.A. 102-945, eff. 1-1-23; revised 12-9-22.)
(225 ILCS 30/105) (from Ch. 111, par. 8401-105)
(Section scheduled to be repealed on January 1, 2028)
Sec. 105. Investigation; notice and hearing. The
Department may investigate the actions or qualifications of
any applicant or of any person or persons holding or claiming
to hold a license or certificate of registration. The
Department shall, before refusing to issue or renew a license
or to discipline a licensee under Section 95, at least 30 days
before the date set for the hearing, (i) notify the accused in

SB2437 - 1368 - LRB103 26700 AMC 53063 b
writing of any charges made and the time and place for a
hearing of the charges, (ii) direct him or her to file his or
her written answer to the charges under oath within 20 days
after the service of the notice, and (iii) inform the
applicant or licensee that failure to file an answer shall
result in a default judgment being entered n against the
applicant 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, or
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 mail to the licensee's
address of record or by email to the licensee's email address
of record.
(Source: P.A. 102-945, eff. 1-1-23; revised 12-9-22.)
Section 475. The Licensed Certified Professional Midwife

SB2437 - 1369 - LRB103 26700 AMC 53063 b
Practice Act is amended by changing Section 10 as follows:
(225 ILCS 64/10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's licensure file as maintained by the Department.
"Antepartum" means before labor or childbirth.
"Board" means the Illinois Midwifery Board.
"Certified nurse midwife" means an individual who is
licensed under the Nurse Practice Act as an advanced practice
registered nurse and is certified as a nurse midwife.
"Client" means a childbearing individual or newborn for
whom a licensed certified professional midwife provides
services.
"Consultation" means the process by which a licensed
certified professional midwife seeks the advice or opinion of
another health care professional.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address of record by the Department in the applicant's
application file or the licensee's licensure file as
maintained by the Department.
"Health care professional" means an advanced practice

SB2437 - 1370 - LRB103 26700 AMC 53063 b
registered nurse or a physician licensed to practice medicine
in all of its branches.
"Intrapartum" means during labor and delivery or
childbirth.
"Licensed certified professional midwife" means a person
who has successfully met the requirements under Section 45 of
this Act and has been licensed by the Department.
"Low-risk" means a low-risk pregnancy where there is an
absence of any preexisting maternal disease, significant
disease arising from the pregnancy, or any condition likely to
affect the pregnancy, including, but not limited to, those
listed in Section 85.
"Midwife assistant" means a person, at least 18 years of
age, who performs basic administrative, clerical, and
supportive services under the supervision of a certified
professional midwife, is educated to provide both basic and
emergency care to newborns and mothers during labor, delivery,
and immediately postpartum, and who maintains Neonatal
Resuscitation Program provider status and cardiopulmonary
resuscitation certification.
"Midwifery bridge certificate" means a certificate issued
by the North American Registry of Midwives that documents
completion of accredited continuing education for certified
professional midwives based upon identified areas to address
education in emergency skills and other competencies set by
the international confederation of midwives.

SB2437 - 1371 - LRB103 26700 AMC 53063 b
"Midwifery Education and Accreditation Council" or "MEAC"
means the nationally recognized accrediting agency, or its
successor, that establishes standards for the education of
direct-entry midwives in the United States.
"National Association of Certified Professional Midwives"
or "NACPM" means the professional organization, or its
successor, that promotes the growth and development of the
profession of certified professional midwives.
"North American Registry of Midwives" or "NARM" means the
accredited international agency, or its successor
organization, that has established and has continued to
administer certification for the credentialing of certified
professional midwives, including the administration of a
national competency examination.
"Onset of care" means the initial prenatal visit upon an
agreement between a licensed certified professional midwife
and client to establish a midwife-client relationship, during
which the licensed certified professional midwife may take a
client's medical history, complete an exam, establish a
client's record, or perform other services related to
establishing care. "Onset of care" does not include an initial
interview where information about the licensed certified
professional midwife's practice is shared but no
midwife-client relationship is established.
"Pediatric health care professional" means a licensed
physician specializing in the care of children, a family

SB2437 - 1372 - LRB103 26700 AMC 53063 b
practice physician, or an advanced practice registered nurse
licensed under the Nurse Practice Act and certified as a
Pediatric Nurse Practitioner or Family Nurse Practitioner.
"Physician" means a physician licensed under the Medical
Practice Act of 1987 to practice medicine in all of its
branches.
"Postpartum period" means the first 6 weeks after
delivery.
"Practice of midwifery" means providing the necessary
supervision, care, and advice to a client during a low-risk
pregnancy, labor, and the postpartum period, including the
intended low-risk delivery of a child, and providing normal
newborn care. "Practice of midwifery" does not include the
practice of medicine or nursing.
"Qualified midwife preceptor" means a licensed and
experienced midwife or other health professional licensed in
the State who participated in the clinical education of
individuals enrolled in a midwifery education institution,
program, or pathway accredited by the midwifery education
accreditation council and who meet the criteria for midwife
preceptors by NARM or its successor organization.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Supportive services" means simple routine medical tasks
and procedures for which the midwife assistant or student
midwife is appropriately trained.

SB2437 - 1373 - LRB103 26700 AMC 53063 b
(Source: P.A. 102-683, eff. 10-1-22; 102-963, eff. 5-27-22;
revised 10-17-22.)
Section 480. The Nurse Practice Act is amended by changing
Section 50-10 as follows:
(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50-10. Definitions. Each of the following terms, when
used in this Act, shall have the meaning ascribed to it in this
Section, except where the context clearly indicates otherwise:
"Academic year" means the customary annual schedule of
courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year.
"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.
"Advanced practice registered nurse" or "APRN" means a
person who has met the qualifications for a (i) certified
nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
(iii) certified registered nurse anesthetist (CRNA); or (iv)
clinical nurse specialist (CNS) and has been licensed by the
Department. All advanced practice registered nurses licensed
and practicing in the State of Illinois shall use the title

SB2437 - 1374 - LRB103 26700 AMC 53063 b
APRN and may use specialty credentials CNM, CNP, CRNA, or CNS
after their name. All advanced practice registered nurses may
only practice in accordance with national certification and
this Act.
"Advisory Board" means the Illinois Nursing Workforce
Center Advisory Board.
"Approved program of professional nursing education" and
"approved program of practical nursing education" are programs
of professional or practical nursing, respectively, approved
by the Department under the provisions of this Act.
"Board" means the Board of Nursing appointed by the
Secretary.
"Center" means the Illinois Nursing Workforce Center.
"Collaboration" means a process involving 2 or more health
care professionals working together, each contributing one's
respective area of expertise to provide more comprehensive
patient care.
"Competence" means an expected and measurable level of
performance that integrates knowledge, skills, abilities, and
judgment based on established scientific knowledge and
expectations for nursing practice.
"Comprehensive nursing assessment" means the gathering of
information about the patient's physiological, psychological,
sociological, and spiritual status on an ongoing basis by a
registered professional nurse and is the first step in
implementing and guiding the nursing plan of care.

SB2437 - 1375 - LRB103 26700 AMC 53063 b
"Consultation" means the process whereby an advanced
practice registered nurse seeks the advice or opinion of
another health care professional.
"Credentialed" means the process of assessing and
validating the qualifications of a health care professional.
"Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Focused nursing assessment" means an appraisal of an
individual's status and current situation, contributing to the
comprehensive nursing assessment performed by the registered
professional nurse or advanced practice registered nurse or
the assessment by the physician assistant, physician, dentist,
podiatric physician, or other licensed health care
professional, as determined by the Department, supporting
ongoing data collection, and deciding who needs to be informed
of the information and when to inform.
"Full practice authority" means the authority of an
advanced practice registered nurse licensed in Illinois and
certified as a nurse practitioner, clinical nurse specialist,
or nurse midwife to practice without a written collaborative

SB2437 - 1376 - LRB103 26700 AMC 53063 b
agreement and:
(1) to be fully accountable to patients for the
quality of advanced nursing care rendered;
(2) to be fully accountable for recognizing limits of
knowledge and experience and for planning for the
management of situations beyond the advanced practice
registered nurse's expertise; the full practice authority
for advanced practice registered nurses includes accepting
referrals from, consulting with, collaborating with, or
referring to other health care professionals as warranted
by the needs of the patient; and
(3) to possess the authority to prescribe medications,
including Schedule II through V controlled substances, as
provided in Section 65-43.
"Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For
the purposes of this definition, "control" means having at
least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches
in Illinois. "Hospital affiliate" does not include a health

SB2437 - 1377 - LRB103 26700 AMC 53063 b
maintenance organization regulated under the Health
Maintenance Organization Act.
"Impaired nurse" means a nurse licensed under this Act 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 loss of motor skills, abuse of drugs or alcohol, or a
psychiatric disorder, of sufficient degree to diminish his or
her ability to deliver competent patient care.
"License-pending advanced practice registered nurse" means
a registered professional nurse who has completed all
requirements for licensure as an advanced practice registered
nurse except the certification examination and has applied to
take the next available certification exam and received a
temporary permit from the Department.
"License-pending registered nurse" means a person who has
passed the Department-approved registered nurse licensure exam
and has applied for a license from the Department. A
license-pending registered nurse shall use the title "RN lic
pend" on all documentation related to nursing practice.
"Nursing intervention" means any treatment based on
clinical nursing judgment or knowledge that a nurse performs.
An individual or entity shall not mandate that a registered
professional nurse delegate nursing interventions if the
registered professional nurse determines it is inappropriate
to do so. A nurse shall not be subject to disciplinary or any

SB2437 - 1378 - LRB103 26700 AMC 53063 b
other adverse action for refusing to delegate a nursing
intervention based on patient safety.
"Physician" means a person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
"Podiatric physician" means a person licensed to practice
podiatry under the Podiatric Medical Practice Act of 1987.
"Practical nurse" or "licensed practical nurse" means a
person who is licensed as a practical nurse under this Act and
practices practical nursing as defined in this Act. Only a
practical nurse licensed under this Act is entitled to use the
title "licensed practical nurse" and the abbreviation
"L.P.N.".
"Practical nursing" means the performance of nursing
interventions requiring the nursing knowledge, judgment, and
skill acquired by means of completion of an approved practical
nursing education program. Practical nursing includes
assisting in the nursing process under the guidance of a
registered professional nurse or an advanced practice
registered nurse. The practical nurse may work under the
direction of a licensed physician, dentist, podiatric
physician, or other health care professional determined by the
Department.
"Privileged" means the authorization granted by the
governing body of a healthcare facility, agency, or
organization to provide specific patient care services within
well-defined limits, based on qualifications reviewed in the

SB2437 - 1379 - LRB103 26700 AMC 53063 b
credentialing process.
"Registered Nurse" or "Registered Professional Nurse"
means a person who is licensed as a professional nurse under
this Act and practices nursing as defined in this Act. Only a
registered nurse licensed under this Act is entitled to use
the titles "registered nurse" and "registered professional
nurse" and the abbreviation, "R.N.".
"Registered professional nursing practice" means a
scientific process founded on a professional body of knowledge
that includes, but is not limited to, the protection,
promotion, and optimization of health and abilities,
prevention of illness and injury, development and
implementation of the nursing plan of care, facilitation of
nursing interventions to alleviate suffering, care
coordination, and advocacy in the care of individuals,
families, groups, communities, and populations. "Registered
professional nursing practice" does not include the act of
medical diagnosis or prescription of medical therapeutic or
corrective measures.
"Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Board of Nursing and approved by the
Secretary, which provides a non-disciplinary treatment
approach for nurses licensed under this Act whose ability to
practice is compromised by alcohol or chemical substance
addiction.

SB2437 - 1380 - LRB103 26700 AMC 53063 b
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Unencumbered license" means a license issued in good
standing.
"Written collaborative agreement" means a written
agreement between an advanced practice registered nurse and a
collaborating physician, dentist, or podiatric physician
pursuant to Section 65-35.
(Source: P.A. 99-173, eff. 7-29-15; 99-330, eff. 1-1-16;
99-642, eff. 7-28-16; 100-513, eff. 1-1-18; revised 2-28-22.)
Section 485. The Pharmacy Practice Act is amended by
changing Sections 9 and 25.10 as follows:
(225 ILCS 85/9)
(Section scheduled to be repealed on January 1, 2028)
Sec. 9. Licensure as registered pharmacy technician.
(a) Any person shall be entitled to licensure as a
registered pharmacy technician who is of the age of 16 or over,
has not engaged in conduct or behavior determined to be
grounds for discipline under this Act, is attending or has
graduated from an accredited high school or comparable school
or educational institution or received a State of Illinois
High School Diploma, and has filed a written or electronic
application for licensure on a form to be prescribed and
furnished by the Department for that purpose. The Department

SB2437 - 1381 - LRB103 26700 AMC 53063 b
shall issue a license as a registered pharmacy technician to
any applicant who has qualified as aforesaid, and such license
shall be the sole authority required to assist licensed
pharmacists in the practice of pharmacy, under the supervision
of a licensed pharmacist. A registered pharmacy technician may
be delegated to perform any task within the practice of
pharmacy if specifically trained for that task, except for
patient counseling, drug regimen review, clinical conflict
resolution, or final prescription verification except where a
registered certified pharmacy technician verifies a
prescription dispensed by another pharmacy technician using
technology-assisted medication verification, or providing
patients prophylaxis drugs for human immunodeficiency virus
pre-exposure prophylaxis or post-exposure prophylaxis.
(b) Beginning on January 1, 2017, within 2 years after
initial licensure as a registered pharmacy technician, the
licensee must meet the requirements described in Section 9.5
of this Act and become licensed as a registered certified
pharmacy technician. If the licensee has not yet attained the
age of 18, then upon the next renewal as a registered pharmacy
technician, the licensee must meet the requirements described
in Section 9.5 of this Act and become licensed as a registered
certified pharmacy technician. This requirement does not apply
to pharmacy technicians registered prior to January 1, 2008.
(c) Any person registered as a pharmacy technician who is
also enrolled in a first professional degree program in

SB2437 - 1382 - LRB103 26700 AMC 53063 b
pharmacy in a school or college of pharmacy or a department of
pharmacy of a university approved by the Department or has
graduated from such a program within the last 18 months, shall
be considered a "student pharmacist" and entitled to use the
title "student pharmacist". A student pharmacist must meet all
of the requirements for licensure as a registered pharmacy
technician set forth in this Section excluding the requirement
of certification prior to the second license renewal and pay
the required registered pharmacy technician license fees. A
student pharmacist may, under the supervision of a pharmacist,
assist in the practice of pharmacy and perform any and all
functions delegated to him or her by the pharmacist.
(d) Any person seeking licensure as a pharmacist who has
graduated from a pharmacy program outside the United States
must register as a pharmacy technician and shall be considered
a "student pharmacist" and be entitled to use the title
"student pharmacist" while completing the 1,200 clinical hours
of training approved by the Board of Pharmacy described and
for no more than 18 months after completion of these hours.
These individuals are not required to become registered
certified pharmacy technicians while completing their Board
approved clinical training, but must become licensed as a
pharmacist or become licensed as a registered certified
pharmacy technician before the second pharmacy technician
license renewal following completion of the Board approved
clinical training.

SB2437 - 1383 - LRB103 26700 AMC 53063 b
(e) The Department shall not renew the registered pharmacy
technician license of any person who has been licensed as a
registered pharmacy technician with the designation "student
pharmacist" who: (1) has dropped out of or been expelled from
an ACPE accredited college of pharmacy; (2) has failed to
complete his or her 1,200 hours of Board approved clinical
training within 24 months; or (3) has failed the pharmacist
licensure examination 3 times. The Department shall require
these individuals to meet the requirements of and become
licensed as a registered certified pharmacy technician.
(f) The Department may take any action set forth in
Section 30 of this Act with regard to a license pursuant to
this Section.
(g) Any person who is enrolled in a non-traditional
Pharm.D. program at an ACPE accredited college of pharmacy and
is licensed as a registered pharmacist under the laws of
another United States jurisdiction shall be permitted to
engage in the program of practice experience required in the
academic program by virtue of such license. Such person shall
be exempt from the requirement of licensure as a registered
pharmacy technician or registered certified pharmacy
technician while engaged in the program of practice experience
required in the academic program.
An applicant for licensure as a registered pharmacy
technician may assist a pharmacist in the practice of pharmacy
for a period of up to 60 days prior to the issuance of a

SB2437 - 1384 - LRB103 26700 AMC 53063 b
license if the applicant has submitted the required fee and an
application for licensure to the Department. The applicant
shall keep a copy of the submitted application on the premises
where the applicant is assisting in the practice of pharmacy.
The Department shall forward confirmation of receipt of the
application with start and expiration dates of practice
pending licensure.
(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
102-1051, eff. 1-1-23; 102-1100, eff. 1-1-23; revised
12-14-22.)
(225 ILCS 85/25.10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25.10. Remote prescription processing.
(a) In this Section, "remote prescription processing"
means and includes the outsourcing of certain prescription
functions to another pharmacy or licensed non-resident
pharmacy. "Remote prescription processing" includes any of the
following activities related to the dispensing process:
(1) Receiving, interpreting, evaluating, or clarifying
prescriptions.
(2) Entering prescription and patient data into a data
processing system.
(3) Transferring prescription information.
(4) Performing a drug regimen review.
(5) Obtaining refill or substitution authorizations or

SB2437 - 1385 - LRB103 26700 AMC 53063 b
otherwise communicating with the prescriber concerning a
patient's prescription.
(6) Evaluating clinical data for prior authorization
for dispensing.
(7) Discussing therapeutic interventions with
prescribers.
(8) Providing drug information or counseling
concerning a patient's prescription to the patient or
patient's agent, as defined in this Act.
(b) A pharmacy may engage in remote prescription
processing under the following conditions:
(1) The pharmacies shall either have the same owner or
have a written contract describing the scope of services
to be provided and the responsibilities and
accountabilities of each pharmacy in compliance with all
federal and State laws and regulations related to the
practice of pharmacy.
(2) The pharmacies shall share a common electronic
file or have technology that allows sufficient information
necessary to process a non-dispensing function.
(3) The records may be maintained separately by each
pharmacy or in a common electronic file shared by both
pharmacies, provided that the system can produce a record
at either location that shows each processing task, the
identity of the person performing each task, and the
location where each task was performed.

SB2437 - 1386 - LRB103 26700 AMC 53063 b
(c) Nothing in this Section shall prohibit an individual
employee licensed as a pharmacist, pharmacy technician, or
student pharmacist from accessing the employer pharmacy's
database from a home or other remote location or pharmacist's
home verification for the purpose of performing certain
prescription processing functions, provided that the pharmacy
establishes controls to protect the privacy and security of
confidential records.
(Source: P.A. 102-882, eff. 1-1-23; revised 12-9-22.)
Section 490. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended
by changing Sections 20 and 50 as follows:
(225 ILCS 107/20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20. Restrictions and limitations.
(a) No person shall, without a valid license as a
professional counselor issued by the Department: (i) in any
manner hold himself or herself out to the public as a
professional counselor under this Act; (ii) attach the title
"professional counselor" or , "licensed professional
counselor", or use the credential "L.P.C."; or (iii) offer to
render or render to individuals, corporations, or the public
professional counseling services.
(b) No person shall, without a valid license as a clinical

SB2437 - 1387 - LRB103 26700 AMC 53063 b
professional counselor issued by the Department: (i) in any
manner hold himself or herself out to the public as a clinical
professional counselor or licensed clinical professional
counselor under this Act; (ii) attach the title "clinical
professional counselor" or , "licensed clinical professional
counselor", or use the credential "L.P.C."; or (iii) offer to
render to individuals, corporations, or the public clinical
professional counseling services.
(c) (Blank).
(d) No association, limited liability company,
professional limited liability company, or partnership shall
provide, attempt to provide, or offer to provide clinical
professional counseling or professional counseling services
unless every member, partner, and employee of the association,
limited liability company, professional limited liability
company, or partnership who practices professional counseling
or clinical professional counseling or who renders
professional counseling or clinical professional counseling
services holds a currently valid license issued under this
Act. No business shall provide, attempt to provide, or offer
to provide professional counseling or clinical professional
counseling services unless it is organized under the
Professional Service Corporation Act or Professional Limited
Liability Company Act.
(d-5) Nothing in this Act shall preclude individuals
licensed under this Act from practicing directly or indirectly

SB2437 - 1388 - LRB103 26700 AMC 53063 b
for a physician licensed to practice medicine in all its
branches under the Medical Practice Act of 1987 or for any
legal entity as provided under subsection (c) of Section 22.2
of the Medical Practice Act of 1987.
(e) Nothing in this Act shall be construed as permitting
persons licensed as professional counselors or clinical
professional counselors to engage in any manner in the
practice of medicine in all its branches as defined by law in
this State.
(f) When, in the course of providing professional
counseling or clinical professional counseling services to any
person, a professional counselor or clinical professional
counselor licensed under this Act finds indication of a
disease or condition that in his or her professional judgment
requires professional service outside the scope of practice as
defined in this Act, he or she shall refer that person to a
physician licensed to practice medicine in all of its branches
or another appropriate health care practitioner.
(Source: P.A. 102-878, eff. 1-1-23; revised 12-9-22.)
(225 ILCS 107/50)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50. Licenses; renewal; restoration; person in
military service; inactive status.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. As a

SB2437 - 1389 - LRB103 26700 AMC 53063 b
condition for renewal of a license, the licensee shall be
required to complete continuing education in accordance with
rules established by the Department and pay the current
renewal fee.
(b) Any person who has permitted a license to expire or who
has a license on inactive status may have it restored by
submitting an application to the Department and filing proof
of fitness acceptable to the Department, to have the license
restored, including, if appropriate, evidence which is
satisfactory to the Department certifying the active practice
of professional counseling or clinical professional counseling
in another jurisdiction and by paying the required fee.
(c) If the person has not maintained an active practice in
another jurisdiction which is satisfactory to the Department,
the Department shall determine, by rule, the person's fitness
to resume active status and shall establish procedures and
requirements for restoration.
(d) However, any person whose license expired while he or
she was (i) in federal service on active duty with the armed
forces of the United States or the State Militia or (ii) in
training or education under the supervision of the United
States government prior to induction into the military service
may have his or her license restored without paying any lapsed
renewal fees if, within 2 years after the honorable
termination of such service, training, or education, the
Department is furnished with satisfactory evidence that the

SB2437 - 1390 - LRB103 26700 AMC 53063 b
person has been so engaged and that such service, training, or
education has been so terminated.
(e) A license to practice shall not be denied any
applicant because of the applicant's race, religion, creed,
national origin, political beliefs or activities, age, sex,
sexual orientation, or physical impairment.
(f) (Blank).
(g) Notwithstanding any other provision of law, the
following requirements for restoration of an inactive or
expired license of 5 years or less as set forth in subsections
(b), (c), and (f) are suspended for any licensed clinical
professional counselor who has had no disciplinary action
taken against his or her license in this State or in any other
jurisdiction during the entire period of licensure: proof of
fitness, certification of active practice in another
jurisdiction, and the payment of a renewal fee. An individual
may not restore his or her license in accordance with this
subsection more than once.
(Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22;
revised 12-14-22.)
Section 495. The Wholesale Drug Distribution Licensing Act
is amended by changing Sections 15, 21, 35, and 110 as follows:
(225 ILCS 120/15) (from Ch. 111, par. 8301-15)
(Section scheduled to be repealed on January 1, 2028)

SB2437 - 1391 - LRB103 26700 AMC 53063 b
Sec. 15. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or
licensee's license file maintained by the Department's
licensure maintenance unit.
"Authentication" means the affirmative verification,
before any wholesale distribution of a prescription drug
occurs, that each transaction listed on the pedigree has
occurred.
"Authorized distributor of record" means a wholesale
distributor with whom a manufacturer has established an
ongoing relationship to distribute the manufacturer's
prescription drug. An ongoing relationship is deemed to exist
between a wholesale distributor and a manufacturer when the
wholesale distributor, including any affiliated group of the
wholesale distributor, as defined in Section 1504 of the
Internal Revenue Code, complies with the following:
(1) The wholesale distributor has a written agreement
currently in effect with the manufacturer evidencing the
ongoing relationship; and
(2) The wholesale distributor is listed on the
manufacturer's current list of authorized distributors of
record, which is updated by the manufacturer on no less
than a monthly basis.
"Blood" means whole blood collected from a single donor
and processed either for transfusion or further manufacturing.

SB2437 - 1392 - LRB103 26700 AMC 53063 b
"Blood component" means that part of blood separated by
physical or mechanical means.
"Board" means the State Board of Pharmacy of the
Department of Financial and Professional Regulation.
"Chain pharmacy warehouse" means a physical location for
prescription drugs that acts as a central warehouse and
performs intracompany sales or transfers of the drugs to a
group of chain or mail order pharmacies that have the same
common ownership and control. Notwithstanding any other
provision of this Act, a chain pharmacy warehouse shall be
considered part of the normal distribution channel.
"Co-licensed partner or product" means an instance where
one or more parties have the right to engage in the
manufacturing or marketing of a prescription drug, consistent
with the FDA's implementation of the Prescription Drug
Marketing Act.
"Department" means the Department of Financial and
Professional Regulation.
"Drop shipment" means the sale of a prescription drug to a
wholesale distributor by the manufacturer of the prescription
drug or that manufacturer's co-licensed product partner, that
manufacturer's third-party logistics provider, or that
manufacturer's exclusive distributor or by an authorized
distributor of record that purchased the product directly from
the manufacturer or one of these entities whereby the
wholesale distributor or chain pharmacy warehouse takes title

SB2437 - 1393 - LRB103 26700 AMC 53063 b
but not physical possession of such prescription drug and the
wholesale distributor invoices the pharmacy, chain pharmacy
warehouse, or other person authorized by law to dispense or
administer such drug to a patient and the pharmacy, chain
pharmacy warehouse, or other authorized person receives
delivery of the prescription drug directly from the
manufacturer, that manufacturer's third-party logistics
provider, or that manufacturer's exclusive distributor or from
an authorized distributor of record that purchased the product
directly from the manufacturer or one of these entities.
"Drug sample" means a unit of a prescription drug that is
not intended to be sold and is intended to promote the sale of
the drug.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Facility" means a facility of a wholesale distributor
where prescription drugs are stored, handled, repackaged, or
offered for sale, or a facility of a third-party logistics
provider where prescription drugs are stored or handled.
"FDA" means the United States Food and Drug
Administration.
"Manufacturer" means a person licensed or approved by the
FDA to engage in the manufacture of drugs or devices,
consistent with the definition of "manufacturer" set forth in

SB2437 - 1394 - LRB103 26700 AMC 53063 b
the FDA's regulations and guidances implementing the
Prescription Drug Marketing Act. "Manufacturer" does not
include anyone who is engaged in the packaging, repackaging,
or labeling of drugs only to the extent permitted under the
Illinois Drug Reuse Opportunity Program Act.
"Manufacturer's exclusive distributor" means anyone who
contracts with a manufacturer to provide or coordinate
warehousing, distribution, or other services on behalf of a
manufacturer and who takes title to that manufacturer's
prescription drug, but who does not have general
responsibility to direct the sale or disposition of the
manufacturer's prescription drug. A manufacturer's exclusive
distributor must be licensed as a wholesale distributor under
this Act and, in order to be considered part of the normal
distribution channel, must also be an authorized distributor
of record.
"Normal distribution channel" means a chain of custody for
a prescription drug that goes, directly or by drop shipment,
from (i) a manufacturer of the prescription drug, (ii) that
manufacturer to that manufacturer's co-licensed partner, (iii)
that manufacturer to that manufacturer's third-party logistics
provider, or (iv) that manufacturer to that manufacturer's
exclusive distributor to:
(1) a pharmacy or to other designated persons
authorized by law to dispense or administer the drug to a
patient;

SB2437 - 1395 - LRB103 26700 AMC 53063 b
(2) a wholesale distributor to a pharmacy or other
designated persons authorized by law to dispense or
administer the drug to a patient;
(3) a wholesale distributor to a chain pharmacy
warehouse to that chain pharmacy warehouse's intracompany
pharmacy to a patient or other designated persons
authorized by law to dispense or administer the drug to a
patient;
(4) a chain pharmacy warehouse to the chain pharmacy
warehouse's intracompany pharmacy or other designated
persons authorized by law to dispense or administer the
drug to the patient;
(5) an authorized distributor of record to one other
authorized distributor of record to an office-based health
care practitioner authorized by law to dispense or
administer the drug to the patient; or
(6) an authorized distributor to a pharmacy or other
persons licensed to dispense or administer the drug.
"Pedigree" means a document or electronic file containing
information that records each wholesale distribution of any
given prescription drug from the point of origin to the final
wholesale distribution point of any given prescription drug.
"Person" means and includes a natural person, partnership,
association, corporation, or any other legal business entity.
"Pharmacy distributor" means any pharmacy licensed in this
State or hospital pharmacy that is engaged in the delivery or

SB2437 - 1396 - LRB103 26700 AMC 53063 b
distribution of prescription drugs either to any other
pharmacy licensed in this State or to any other person or
entity including, but not limited to, a wholesale drug
distributor engaged in the delivery or distribution of
prescription drugs who is involved in the actual,
constructive, or attempted transfer of a drug in this State to
other than the ultimate consumer except as otherwise provided
for by law.
"Prescription drug" means any human drug, including any
biological product (except for blood and blood components
intended for transfusion or biological products that are also
medical devices), required by federal law or regulation to be
dispensed only by a prescription, including finished dosage
forms and bulk drug substances subject to Section 503 of the
Federal Food, Drug and Cosmetic Act.
"Repackage" means repackaging or otherwise changing the
container, wrapper, or labeling to further the distribution of
a prescription drug, excluding that completed by the
pharmacist responsible for dispensing the product to a
patient.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
"Suspicious order" includes, but is not limited to, an
order of a controlled substance of unusual size, an order of a
controlled substance deviating substantially from a normal
pattern, and orders of controlled substances of unusual

SB2437 - 1397 - LRB103 26700 AMC 53063 b
frequency as defined by 21 U.S.C. USC 802.
"Third-party logistics provider" means anyone who
contracts with a prescription drug manufacturer to provide or
coordinate warehousing, distribution, or other services on
behalf of a manufacturer, but does not take title to the
prescription drug or have general responsibility to direct the
prescription drug's sale or disposition.
"Wholesale distribution" means the distribution of
prescription drugs to persons other than a consumer or
patient, but does not include any of the following:
(1) Intracompany sales of prescription drugs, meaning
(i) any transaction or transfer between any division,
subsidiary, parent, or affiliated or related company under
the common ownership and control of a corporate entity or
(ii) any transaction or transfer between co-licensees of a
co-licensed product.
(2) The sale, purchase, distribution, trade, or
transfer of a prescription drug or offer to sell,
purchase, distribute, trade, or transfer a prescription
drug for emergency medical reasons.
(3) The distribution of prescription drug samples by
manufacturers' representatives.
(4) Drug returns, when conducted by a hospital, health
care entity, or charitable institution in accordance with
federal regulation.
(5) The sale of minimal quantities of prescription

SB2437 - 1398 - LRB103 26700 AMC 53063 b
drugs by licensed pharmacies to licensed practitioners for
office use or other licensed pharmacies.
(6) The sale, purchase, or trade of a drug, an offer to
sell, purchase, or trade a drug, or the dispensing of a
drug pursuant to a prescription.
(7) The sale, transfer, merger, or consolidation of
all or part of the business of a pharmacy or pharmacies
from or with another pharmacy or pharmacies, whether
accomplished as a purchase and sale of stock or business
assets.
(8) The sale, purchase, distribution, trade, or
transfer of a prescription drug from one authorized
distributor of record to one additional authorized
distributor of record when the manufacturer has stated in
writing to the receiving authorized distributor of record
that the manufacturer is unable to supply the prescription
drug and the supplying authorized distributor of record
states in writing that the prescription drug being
supplied had until that time been exclusively in the
normal distribution channel.
(9) The delivery of or the offer to deliver a
prescription drug by a common carrier solely in the common
carrier's usual course of business of transporting
prescription drugs when the common carrier does not store,
warehouse, or take legal ownership of the prescription
drug.

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(10) The sale or transfer from a retail pharmacy, mail
order pharmacy, or chain pharmacy warehouse of expired,
damaged, returned, or recalled prescription drugs to the
original manufacturer, the originating wholesale
distributor, or a third party returns processor.
(11) The donation of drugs to the extent permitted
under the Illinois Drug Reuse Opportunity Program Act.
"Wholesale drug distributor" means anyone engaged in the
wholesale distribution of prescription drugs into, out of, or
within the State, including, without limitation,
manufacturers; repackers; own label distributors; jobbers;
private label distributors; brokers; warehouses, including
manufacturers' and distributors' warehouses; manufacturer's
exclusive distributors; and authorized distributors of record;
drug wholesalers or distributors; independent wholesale drug
traders; specialty wholesale distributors; and retail
pharmacies that conduct wholesale distribution; and chain
pharmacy warehouses that conduct wholesale distribution. In
order to be considered part of the normal distribution
channel, a wholesale distributor must also be an authorized
distributor of record.
(Source: P.A. 101-420, eff. 8-16-19; 102-389, eff. 1-1-22;
102-879, eff. 1-1-23; revised 12-9-22.)
(225 ILCS 120/21)
(Section scheduled to be repealed on January 1, 2028)

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Sec. 21. Reports to Department. Each licensee that is
required to report suspicious orders under 21 U.S.C. USC 832
shall also submit such suspicions order reports to the
Department.
(Source: P.A. 102-879, eff. 1-1-23; revised 12-19-22.)
(225 ILCS 120/35) (from Ch. 111, par. 8301-35)
(Section scheduled to be repealed on January 1, 2028)
Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
(a) The Department shall provide by rule for a schedule of
fees for the administration and enforcement of this Act,
including, but not limited to, original licensure, renewal,
and restoration. The fees shall be nonrefundable.
(b) All fees collected under this Act shall be deposited
into the Illinois State Pharmacy Disciplinary Fund and shall
be appropriated to the Department for the ordinary and
contingent expenses of the Department in the administration of
this Act. Moneys in the Fund may be transferred to the
Professions Indirect Cost Fund as authorized by Section
2105-300 of the Department of Financial and Professional
Regulation Law (20 ILCS 2105/2105-300).
The moneys deposited into the Illinois State Pharmacy
Disciplinary Fund shall be invested to earn interest which
shall accrue to the Fund.
(c) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the

SB2437 - 1401 - LRB103 26700 AMC 53063 b
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act for unlicensed practice or practice on a nonrenewed
license. The Department shall notify the person that payment
of fees and fines shall be paid to the Department by certified
check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or certificate or deny the application,
without hearing. If, after termination or denial, the person
seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or
certificate and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license or certificate to pay
all expenses of processing this application. The Secretary may
waive the fines due under this Section in individual cases
where the Secretary finds that the fines would be unreasonable
or unnecessarily burdensome.
(d) (Blank).
(e) A manufacturer of controlled substances, wholesale
distributor of controlled substances, or third-party logistics
provider that is licensed under this Act and owned and

SB2437 - 1402 - LRB103 26700 AMC 53063 b
operated by the State is exempt from licensure, registration,
renewal, and other fees required under this Act. Nothing in
this subsection (e) shall be construed to prohibit the
Department from imposing any fine or other penalty allowed
under this Act.
(Source: P.A. 101-420, eff. 8-16-19; 102-879, eff. 1-1-23;
revised 12-9-22.)
(225 ILCS 120/110) (from Ch. 111, par. 8301-110)
(Section scheduled to be repealed on January 1, 2028)
Sec. 110. Hearing officers; appointment. Notwithstanding
any other provision of this Act, the Secretary shall have the
authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action before the Board for refusal to issue or renew a
license, or the discipline of a licensee. The hearing officer
shall report his findings of fact, conclusions of law, and
recommendations to the Board and the Secretary. The Board
shall have 60 days from receipt of the report to review the
report of the hearing officer and present its findings of
fact, conclusions of law, and recommendations to the
Secretary. If the Board fails to present its report within the
60-day 60 day period, the Secretary may issue an order based on
the report of the hearing officer and the record of the
proceedings or issue an order remanding the matter back to the
hearing officer for additional proceedings in accordance with

SB2437 - 1403 - LRB103 26700 AMC 53063 b
the order. If the Secretary disagrees with the recommendation
of the Board or the hearing officer, the Secretary may issue an
order in contravention of the recommendation.
(Source: P.A. 102-879, eff. 1-1-23; revised 12-9-22.)
Section 500. 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.

SB2437 - 1404 - LRB103 26700 AMC 53063 b
(Source: P.A. 102-1017, eff. 1-1-23; 102-1071, eff. 6-10-22;
revised 12-14-22.)
Section 505. The Registered Interior Designers Act is
amended by changing Sections 3, 4.1, and 4.2 as follows:
(225 ILCS 310/3) (from Ch. 111, par. 8203)
(Section scheduled to be repealed on January 1, 2027)
Sec. 3. Definitions. As used in this Act:
"Accredited institution" means an institution accredited
by the Council for Interior Design Accreditation, an
accreditation body recognized by the United States Department
of Education, or a curriculum or transcript approved by the
Board per a registration applicant's application.
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
registrant's registration file as maintained by the
Department's licensure maintenance unit.
"Board" means the Board of Registered Interior Design
Professionals established under Section 6 of this Act.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the registrant's registration file as
maintained by the Department's licensure maintenance unit.

SB2437 - 1405 - LRB103 26700 AMC 53063 b
"Interior technical submissions" means the designs,
drawings, and specifications that establish the scope of the
interior design to be constructed, the standard of quality for
materials, workmanship, equipment, and construction systems,
and the studies and other technical reports and calculations
prepared in the course of the practice of registered interior
design.
"Practice of registered interior design" means the design
of interior spaces as a part of an interior alteration or
interior construction project in conformity with public
health, safety, and welfare requirements, including the
preparation of documents relating to building code
descriptions, project egress plans that require no increase
capacity of exits in the space affected, space planning,
finish materials, furnishings, fixtures, equipment, and the
preparation of documents and interior technical submissions
relating to interior construction. "Practice of registered
interior design" does not include:
(1) The practice of structural engineering as defined
in the Structural Engineering Practice Act of 1989, the
practice of professional engineering as defined in the
Professional Engineering Practice Act of 1989, or the
practice of land surveying as defined in the Illinois
Professional Land Surveyor Act of 1989.
(2) Services that constitute the practice of
architecture as defined in the Illinois Architecture

SB2437 - 1406 - LRB103 26700 AMC 53063 b
Practice Act of 1989, except as provided in this Act.
(3) Altering or affecting the structural system of a
building, including changing the building's live or dead
load on the structural system.
(4) Changes to the building envelope, including
exterior walls, exterior wall coverings, exterior wall
openings, exterior windows and doors, architectural trim,
balconies and similar projections, bay and oriel windows,
roof assemblies and rooftop structures, and glass and
glazing for exterior use in both vertical and sloped
applications in buildings and structures.
(5) Altering or affecting the mechanical, plumbing,
heating, air conditioning, ventilation, electrical,
vertical transportation, fire sprinkler, or fire alarm
systems.
(6) Changes beyond the exit access component of a
means of egress system.
(7) Construction that materially affects life safety
systems pertaining to fire safety or the fire protection
of structural elements, or alterations to smoke evacuation
and compartmentalization systems or to fire-rated vertical
shafts in multistory structures.
(8) Changes of use to an occupancy of greater hazard
as determined by the International Building Code.
(9) Changes to the construction classification of the
building or structure according to the International

SB2437 - 1407 - LRB103 26700 AMC 53063 b
Building Code.
"Public member" means a person who is not a registered
interior designer, educator in the field, architect,
structural engineer, or professional engineer. For purposes of
board membership, any person with a significant financial
interest in the design or construction service or profession
is not a public member.
"Registered interior designer" means a person who has
received registration under Section 8 of this Act. A person
represents himself or herself to be a "registered interior
designer" within the meaning of this Act if he or she holds
himself or herself out to the public by any title
incorporating the words "registered interior designer" or any
title that includes the words "registered interior design".
"Responsible control" means the amount of control over
detailed professional knowledge of the content of interior
technical submissions during the preparation as is ordinarily
exercised by registered interior designers applying the
required professional standard of care. Merely reviewing or
reviewing and correcting an interior technical submission or
any portion thereof prepared by those not in the regular
employment of the office where the registered interior
designer is a resident without control over the content of
such work throughout its preparation does not constitute
responsible control.
"Secretary" means the Secretary of Financial and

SB2437 - 1408 - LRB103 26700 AMC 53063 b
Professional Regulation.
(Source: P.A. 102-20, eff. 1-1-22; 102-1066, eff. 1-1-23;
revised 12-9-22.)
(225 ILCS 310/4.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 4.1. Seal. Every registered interior designer shall
have a reproducible seal, or facsimile, the impression of
which shall contain the name of the registered interior
designer, the registration registrations number, and the words
"Registered Interior Designer, State of Illinois". The
registered interior designer shall affix the signature,
current date, date of registration expiration, and seal to the
first sheet of any bound set or loose sheets of interior
technical submissions used as contract documents between
parties to the contract or prepared for the review and
approval of any governmental or public authority having
jurisdiction by that registered interior designer or under
that registered interior designer's responsible control. The
sheet of interior technical submissions in which the seal is
affixed shall indicate those documents or parts thereof for
which the seal shall apply. The seal and dates may be
electronically affixed. The registrant may provide, at the
registrant's sole discretion, an original signature in the
registrant's handwriting, a scanned copy of the document
bearing an original signature, or a signature generated by a

SB2437 - 1409 - LRB103 26700 AMC 53063 b
computer. All interior technical submissions issued by any
corporation, partnership, or professional service corporation
shall contain the corporate or assumed business name in
addition to any other seal requirements set forth in this Act.
A registered interior designer under this Act shall not
sign and seal interior technical submissions that were not
prepared by or under the responsible control of the registered
interior designer, except that:
(1) the registered interior designer may sign and seal
those portions of the interior technical submission that
were prepared by or under the responsible control of a
person who holds a registration under this Act, and who
has signed and sealed the documents, if the registered
interior designer has reviewed in whole or in part such
portions and has either coordinated their preparation or
integrated them into the work;
(2) the registered interior designer may sign and seal
portions of the professional work that are not required by
this Act to be prepared by or under the responsible
control of a registered interior designer if the
registered interior designer has reviewed and adopted in
whole or in part such portions and has integrated them
into the work. The work associated with the combination of
services in connection with the design and construction of
buildings shall be provided by a licensed architect. If
engineering, structural engineering, or licensed land

SB2437 - 1410 - LRB103 26700 AMC 53063 b
surveying services are required in association with an
interior nonstructural project being performed by a
registered interior designer, the documents that have
already been properly sealed by a licensed professional
engineer, licensed structural engineer, or licensed land
surveyor may be compiled by a registered interior
designer. Each design professional shall seal the
respective documents and shall not seal a document that
was not prepared under the design professional's
responsible charge. For all other projects, engineering,
structural engineering, or land surveying services shall
be procured separate from the registered interior
designer;
(3) a partner or corporate officer of a professional
design firm registered in this State who has professional
knowledge of the content of the interior technical
submissions and intends to be responsible for the adequacy
of the interior technical submissions may sign and seal
interior technical submissions that are prepared by or
under the responsible control of a registered interior
designer who is registered in this State and who is in the
regular employment of the professional design firm.
The registered interior designer exercising responsible
control under which the interior technical submissions or
portions of the interior technical submission were prepared
shall be identified on the interior technical submissions or

SB2437 - 1411 - LRB103 26700 AMC 53063 b
portions of the interior technical submissions by name and
Illinois registration number.
Any registered interior designer who signs and seals
interior technical submissions not prepared by that registered
interior designer but prepared under that registered interior
designer's responsible control by persons not regularly
employed in the office where the registered interior designer
is a resident shall maintain and make available to the Board
upon request for at least 5 years following such signing and
sealing, adequate and complete records demonstrating the
nature and extent of the registered interior designer's
control over, and detailed professional knowledge of the
interior technical submissions throughout their preparation.
(Source: P.A. 102-1066, eff. 1-1-23; revised 12-19-22.)
(225 ILCS 310/4.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 4.2. Interior technical submissions.
(a) All interior technical submissions intended for use in
this State shall be prepared and administered in accordance
with standards of reasonable professional skill and diligence.
Care shall be taken to reflect the requirements of State law
and, where applicable, county and municipal ordinances in the
submissions. In recognition that registered interior designers
are registered for the protection of the public health,
safety, and welfare, submissions shall be of such quality and

SB2437 - 1412 - LRB103 26700 AMC 53063 b
scope, and be so administered, as to conform to professional
standards.
(b) No officer, board, commission, or other public entity
who receives interior technical submissions shall accept for
filing or approval any interior technical submissions related
to services requiring the involvement of a registered interior
designer that do not bear the seal and signature of a
registered interior designer.
(c) It is unlawful to affix a seal to interior technical
submissions if it masks the true identity identify of the
person who actually exercised responsible control of the
preparation of such work. A registered interior designer who
seals and signs interior technical submissions is not
responsible for damage caused by subsequent changes to, or
uses of, those interior technical submissions where the
subsequent changes or uses, including changes to uses made by
State or local agencies, are not authorized or approved in
writing by the registered interior designer who originally
sealed and signed the interior technical submissions.
(Source: P.A. 102-1066, eff. 1-1-23; revised 12-19-22.)
Section 510. The Illinois Plumbing License Law is amended
by changing Section 5 as follows:
(225 ILCS 320/5) (from Ch. 111, par. 1104)
Sec. 5. Advertising.

SB2437 - 1413 - LRB103 26700 AMC 53063 b
(a) Persons who advertise plumbing services shall, at
their place of business, display the licensed plumber's
license of at least one member of the firm, partnership or
officer of the corporation and shall maintain a register
listing the names and license numbers of all licensed plumbers
and all licensed apprentice plumbers currently employed by
them. The number of the license so displayed shall also be
included with the plumbing identification on vehicles.
(b) No person who provides plumbing services may advertise
those services unless that person includes in the
advertisement the license number that is required to be
displayed under subsection (a). Nothing contained in this
subsection requires the publisher of advertising for plumbing
services to investigate or verify the accuracy of the license
number provided by the advertiser.
(b.5) Any person who advertises plumbing services (i) who
fails to display the license number required by subsection (a)
in all manners required by that subsection, (ii) who fails to
provide a publisher with the correct number under subsection
(b), or (iii) who provides a publisher with a false license
number or a license number of a person other than the person
designated under subsection (a), or any person who allows his
or her license number to be displayed or used in order to allow
any other person to circumvent any provisions of this Section
is guilty of a Class A misdemeanor with a fine of $1,000, which
shall be subject to the enforcement provisions of Section 29

SB2437 - 1414 - LRB103 26700 AMC 53063 b
of this Act. Each day that a person fails to display the
required license under subsection (a) and each day that an
advertisement runs or each day that a person allows his or her
license to be displayed or used in violation of this Section
constitutes a separate offense.
In addition to, and not in lieu of, the penalties and
remedies provided for in this Section and Section 29 of this
Act, any person licensed under this Act who violates any
provision of this Section shall be subject to suspension or
revocation of his or her license under Section 19 of this Act.
(b.10) In addition to, and not in lieu of, the penalties
and remedies provided for in this Section and Sections 19, 20,
and 29 of this Act, and after notice and an opportunity for
hearing as provided for in this subsection and Section 19 of
this Act, the Department may issue an Order Of Correction to
the telecommunications carrier furnishing service to any
telephone number contained in a printed advertisement for
plumbing services that is found to be in violation of the
provisions of this subsection. The Order of Correction shall
be limited to the telephone number contained in the unlawful
advertisement. The Order of Correction shall notify the
telecommunications carrier to disconnect the telephone service
furnished to any telephone number contained in the unlawful
advertisement and that subsequent calls to that number shall
not be referred by the telecommunications carrier to any new
telephone number obtained by or any existing number registered

SB2437 - 1415 - LRB103 26700 AMC 53063 b
to the person.
If, upon investigation, the Department has probable cause
to believe that a person has placed an advertisement with a
telecommunications carrier that: (i) contains a false license
number, (ii) contains a license number of a person other than
the person designated under subsection (a), or (iii) is placed
or circulated by a person who is not properly licensed under
this Act, the Department shall provide notice to the person of
the Department's intent to issue an Order of Correction to the
telecommunications carrier to disconnect the telephone service
furnished to any telephone number contained in the unlawful
advertisement, and that subsequent calls to that number shall
not be referred by the telecommunications carrier to any new
telephone number obtained by or any existing number registered
to the person.
Notice shall be provided by certified mail or by personal
service setting forth the particular reasons for the proposed
action and fixing a date, not less than 20 days from the date
of the mailing or service, within which time the person must
request a hearing in writing. Failure to serve upon the
Department a written request for hearing within the time
provided in the notice shall constitute a waiver of the
person's right to an administrative hearing. The hearing,
findings, and conclusions shall be in accordance with the
provisions contained in Section 19 of this Act and the
Department's Rules of Practice and Procedure in Administrative

SB2437 - 1416 - LRB103 26700 AMC 53063 b
Hearings (77 Ill. Adm. Admin. Code 100), which are
incorporated by reference herein.
Upon a finding that the person has violated the provisions
of this subsection, the Department shall issue the Order of
Correction to the telecommunications carrier. If the
telecommunications carrier fails to comply with the Order of
Correction within 20 days after the order is final, the
Department shall inform the Illinois Commerce Commission of
the failure to comply and the Illinois Commerce Commission
shall require the telecommunications carrier furnishing
services to that person to disconnect the telephone service
furnished to the telephone number contained in the unlawful
advertisement and direct that subsequent calls to that number
shall not be referred by the telecommunications carrier to any
new telephone number obtained by or any existing number
registered to the person.
A person may have his or her telephone services restored,
after an Order of Correction has been issued, upon a showing,
to the satisfaction of the Department, that he or she is in
compliance with the provisions of this Act.
(c) The Department may require by rule and regulation
additional information concerning licensed plumbers and
licensed apprentice plumbers maintained in the register. The
Department shall have the right to examine the payroll records
of such persons to determine compliance with this provision.
The Department's right to examine payroll records is limited

SB2437 - 1417 - LRB103 26700 AMC 53063 b
solely to those records and does not extend to any other
business records.
(Source: P.A. 91-184, eff. 1-1-00; revised 2-28-22.)
Section 515. The Collateral Recovery Act is amended by
changing Section 35 as follows:
(225 ILCS 422/35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 35. Application for repossession agency licensure.
(a) Application for original licensure as a repossession
agency shall be made to the Commission in writing on forms
prescribed by the Commission and shall be accompanied by the
appropriate documentation and the required fee, and the fee is
nonrefundable.
(b) Every application shall state, in addition to any
other requirements, (i) the name of the applicant, (ii) the
name under which the applicant shall do business, (iii) the
proposed location of the agency by number, street, and city,
and (iv) the proposed location of the agency's remote storage
location or locations by number, street, and city, (v) the
proposed location of the Agency's branch office or branch
offices by number, street, and city, and (vi) the usual
business hours that the agency shall maintain.
(c) No license may be issued (i) in any fictitious name
that may be confused with or is similar to any federal, state,

SB2437 - 1418 - LRB103 26700 AMC 53063 b
county, or municipal government function or agency, (ii) in
any name that may tend to describe any business function or
enterprise not actually engaged in by the applicant, (iii) in
any name that is the same as or similar to any existing
licensed company and that would tend to deceive the public,
(iv) in any name that would tend to be deceptive or misleading,
or (v) to any repossession agency applicant without that
agency's location or branch office location maintaining a
secured storage facility as defined in Section 10 of this Act.
(d) If the applicant for repossession agency licensure is
an individual, then his or her application shall include (i)
the full residential address of the applicant and (ii) either
the sworn statement of the applicant declaring that he or she
is the licensed recovery manager who shall be personally in
control of the agency for which the licensure is sought, or the
name and signed sworn statement of the licensed recovery
manager who shall be in control or management of the agency.
(e) If the applicant for repossession agency licensure is
a partnership, then the application shall include (i) a
statement of the names and full residential addresses of all
partners in the business and (ii) a sworn statement signed by
each partner verifying the name of the person who is a licensed
recovery manager and shall be in control or management of the
business. If a licensed recovery manager who is not a partner
shall be in control or management of the agency, then he or she
must also sign the sworn statement. The application shall also

SB2437 - 1419 - LRB103 26700 AMC 53063 b
state whether any of the partners has ever used an alias.
(f) If the applicant for licensure as a repossession
agency is a corporation, then the application shall include
(i) the names and full residential addresses of all
corporation officers and (ii) a sworn statement signed by a
duly authorized officer of the corporation verifying the name
of the person who is a licensed recovery manager and shall be
in control or management of the agency. If a licensed recovery
manager who is not an officer shall be in control or management
of the agency, then he or she must also sign the sworn
statement. The application shall also state whether any of the
officers has ever used an alias.
(g) If the applicant for licensure as a repossession
agency is a limited liability company, then the application
shall include (i) the names and full residential addresses of
all members and (ii) a sworn statement signed by each member
verifying the name of the person who is a licensed recovery
manager and shall be in control or management of the agency. If
a licensed recovery manager who is not a member shall be in
control or management of the agency, then he or she must also
sign the sworn statement. The application shall also state
whether any of the members has ever used an alias.
(h) Each individual, partner of a partnership, officer of
a corporation, or member of a limited liability company shall
submit with the application a copy of a valid State or U.S.
government-issued photo identification card. An applicant who

SB2437 - 1420 - LRB103 26700 AMC 53063 b
is 21 years of age or older seeking a religious exemption to
the photograph requirement of this subsection shall furnish
with the application an approved copy of United States
Department of the Treasury Internal Revenue Service Form 4029.
Regardless of age, an applicant seeking a religious exemption
to this photograph requirement shall submit fingerprints in a
form and manner prescribed by the Commission with his or her
application in lieu of a photograph.
(i) No examination shall be required for licensure as a
repossession agency by the Commission.
(j) The Commission may require any additional information
that, in the judgment of the Commission, shall enable the
Commission to determine the qualifications of the applicant
for licensure.
(k) Applicants have 90 days from the date of application
to complete the application process. If the application has
not been completed within 90 days, then the application shall
be denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(l) Nothing in this Section precludes a domestic or
foreign limited liability company being licensed as a
repossession agency.
(m) A repossession agency license may be transferable upon
prior notice to the Commission and upon completion of all
requirements relative to the application process for

SB2437 - 1421 - LRB103 26700 AMC 53063 b
repossession agency licensure.
(n) Repossessions performed in this State must be
performed by repossession agencies, their employees, or agents
licensed by the Commission, with the exception of financial
institutions or the employees of a financial institution that
are exempt under subsection (d) of Section 30 of this Act.
(Source: P.A. 102-748, eff. 1-1-23; revised 12-9-22.)
Section 520. The Real Estate License Act of 2000 is
amended by changing Section 5-10 as follows:
(225 ILCS 454/5-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-10. Requirements for license as a residential
leasing agent; continuing education.
(a) Every applicant for licensure as a residential leasing
agent must meet the following qualifications:
(1) be at least 18 years of age;
(2) be of good moral character;
(3) successfully complete a 4-year course of study in
a high school or secondary school or an equivalent course
of study approved by the state in which the school is
located, or possess a State of Illinois High School
Diploma, which shall be verified under oath by the
applicant;
(4) personally take and pass a written examination

SB2437 - 1422 - LRB103 26700 AMC 53063 b
authorized by the Department sufficient to demonstrate the
applicant's knowledge of the provisions of this Act
relating to residential leasing agents and the applicant's
competence to engage in the activities of a licensed
residential leasing agent;
(5) provide satisfactory evidence of having completed
15 hours of instruction in an approved course of study
relating to the leasing of residential real property. The
Board may recommend to the Department the number of hours
each topic of study shall require. The course of study
shall, among other topics, cover the provisions of this
Act applicable to residential leasing agents; fair housing
and human rights issues relating to residential leasing;
advertising and marketing issues; leases, applications,
and credit and criminal background reports; owner-tenant
relationships and owner-tenant laws; the handling of
funds; and environmental issues relating to residential
real property;
(6) complete any other requirements as set forth by
rule; and
(7) present a valid application for issuance of an
initial license accompanied by fees specified by rule.
(b) No applicant shall engage in any of the activities
covered by this Act without a valid license and until a valid
sponsorship has been registered with the Department.
(c) Successfully completed course work, completed pursuant

SB2437 - 1423 - LRB103 26700 AMC 53063 b
to the requirements of this Section, may be applied to the
course work requirements to obtain a managing broker's or
broker's license as provided by rule. The Board may recommend
to the Department and the Department may adopt requirements
for approved courses, course content, and the approval of
courses, instructors, and education providers, as well as
education provider and instructor fees. The Department may
establish continuing education requirements for residential
licensed leasing agents, by rule, consistent with the language
and intent of this Act, with the advice of the Board.
(d) The continuing education requirement for residential
leasing agents shall consist of a single core curriculum to be
prescribed by the Department as recommended by the Board.
Leasing agents shall be required to complete no less than 8
hours of continuing education in the core curriculum during
the current term of the license. The curriculum shall, at a
minimum, consist of a single course or courses on the subjects
of fair housing and human rights issues related to residential
leasing, advertising and marketing issues, leases,
applications, credit reports, and criminal history, the
handling of funds, owner-tenant relationships and owner-tenant
laws, and environmental issues relating to residential real
estate.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22;
102-1100, eff. 1-1-23; revised 12-14-22.)

SB2437 - 1424 - LRB103 26700 AMC 53063 b
Section 530. The Coal Mining Act is amended by changing
Sections 2.14 and 8.11 as follows:
(225 ILCS 705/2.14) (from Ch. 96 1/2, par. 314)
Sec. 2.14. The Director shall promulgate rules, in
accordance with the Illinois Administrative Procedure Act,
necessary for the effective and orderly conduct of hearings
held pursuant to this Act. These rules shall include, but not
necessarily be limited to, the following for the benefit of
any affected operator, miner, labor representative, or other
person with a substantial interest in the hearing:
1. adequate written notice of charges against any
charged party;
2. adequate written notice of all hearings to any
affected operator, miner, labor representative, or other
interested person;
3. the right to be represented by counsel;
4. the right to present evidence; .
5. the right to cross-examine witnesses; .
6. the right to present its position orally or in
writing to the Board; .
7. the right to request issuance of subpoenas by the
Department.
(Source: P.A. 102-937, eff. 5-27-22; revised 8-22-22.)
(225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)

SB2437 - 1425 - LRB103 26700 AMC 53063 b
Sec. 8.11. In no case shall an applicant for a certificate
of competency be deemed competent unless he appears in person
before the Mining Board and orally answers intelligently and
correctly practical questions, propounded to him by said
Board, pertaining to the requirements and qualifications of a
practical miner.
(Source: P.A. 102-937, eff. 5-27-22; revised 8-22-22.)
Section 535. The Illinois Gambling Act is amended by
changing Section 7.2 as follows:
(230 ILCS 10/7.2)
Sec. 7.2. Temporary operating permits. Any person
operating under a temporary operating permit issued pursuant
to 86 Ill. Adm. Admin. Code 3000.230 shall be deemed to be
operating under the authority of an owner's license for
purposes of Section 13 of this Act. This Section shall not
affect in any way the licensure requirements of this Act.
(Source: P.A. 93-28, eff. 6-20-03; revised 2-28-22.)
Section 540. The Liquor Control Act of 1934 is amended by
changing Sections 1-3.43, 5-3, 6-9.15, 6-38, and 10-5 as
follows:
(235 ILCS 5/1-3.43)
Sec. 1-3.43. Beer showcase permit license. "Beer showcase

SB2437 - 1426 - LRB103 26700 AMC 53063 b
permit" means a license for use by a class 3 brewer, or
distributor to allow for the transfer of beer only from an
existing licensed premises of a class 3 brewer or distributor
to a designated site for a specific event.
(Source: P.A. 102-442, eff. 8-20-21; revised 2-28-22.)
(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:
Online Initial
renewal license
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 ................... 1,200 1,500
Class 5. Second-class

SB2437 - 1427 - LRB103 26700 AMC 53063 b
Wine Manufacturer .............. 1,500 1,750
Class 6. First-class wine-maker .... 1,200 1,500
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.............. 1,200 1,500
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......................... 25 25
For a distributor's license
(11,250,000 gallons
or over)........................ 1,450 2,200
For a distributor's license
(over 4,500,000 gallons, but
under 11,250,000 gallons)....... 950 1,450
For a distributor's license
(4,500,000 gallons or under).... 300 450
For a non-resident dealer's license

SB2437 - 1428 - LRB103 26700 AMC 53063 b
(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 ........................ 250 500
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).......... 750 1,000
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 ........ 500 1,000
For a retailer's license ........... 600 750
For a special event retailer's
license, (not-for-profit) ...... 25 25
For a beer showcase permit license,
one day only ................... 100 150
2 days or more ................. 150 250
For a special use permit license,
one day only ................... 100 150

SB2437 - 1429 - LRB103 26700 AMC 53063 b
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....................... 100 150
For a non-beverage user's license:
Class 1 ........................ 24 24
Class 2 ........................ 60 60
Class 3 ........................ 120 120
Class 4 ........................ 240 240
Class 5 ........................ 600 600
For a broker's license ............. 750 1,000
For an auction liquor license ...... 100 150
For a homebrewer special
event permit.................... 25 25
For a craft distiller
tasting permit.................. 25 25
For a BASSET trainer license........ 300 350
For a tasting representative
license......................... 200 300

SB2437 - 1430 - LRB103 26700 AMC 53063 b
For a brewer warehouse permit....... 25 25
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. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19;
102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-699, eff.
4-19-22; revised 2-6-23.)
(235 ILCS 5/6-9.15)

SB2437 - 1431 - LRB103 26700 AMC 53063 b
Sec. 6-9.15. Quantity discounting terms for wine or
spirits cooperative purchase agreements.
(a) All wine or spirits quantity discount programs offered
to consumption off the premises retailers must be offered to
all consumption off the premises cooperative groups and
cooperative agents, ; and all quantity discount programs
offered to consumption on the premises retailers shall be
offered to all consumption on the premises cooperative groups
and cooperative agents. Quantity discount programs shall:
(1) be open and available for acceptance for 7
business days;
(2) be designed and implemented to produce product
volume growth with retail licensees;
(3) be based on the volume of product purchased;
however, discounts may include price reductions, cash, and
credits, and no-charge wine or spirits products may be
given instead of a discount;
(4) be documented on related sales invoices or credit
memoranda;
(5) not require a retail licensee to take and dispose
of any quota of wine or spirits; however, bona fide
quantity discounts shall not be deemed to be quota sales;
and
(6) not require a retail licensee to purchase one
product in order to purchase another; this includes
combination sales if one or more products may be purchased

SB2437 - 1432 - LRB103 26700 AMC 53063 b
only in combination with other products and not
individually.
(b) A distributor or importing distributor that makes
quantity discount sales to participating members of a
cooperative purchase group shall issue customary invoices to
each participating retail licensee itemizing the wine or
spirit sold and delivered as part of a quantity discount
program to each participating retail licensee.
(c) If a distributor or importing distributor offers a
quantity discount for wine or spirits, excluding any product
fermented with malt or any substitute for malt, cooperative
purchase groups shall purchase a minimum of 250 cases in each
quantity discount program. Each individual participating
member of a cooperative purchase group purchasing product
through a quantity discount program may be required to
purchase the following minimum amounts:
(1) 2% of cases of any quantity discount program of
500 or fewer cases.
(2) 1.5% of cases of any quantity discount program of
at least 501 and not more than 2,000 cases.
(3) 1% of cases of any quantity discount program of
2,001 or more cases.
(d) The cooperative agent shall place each cooperative
purchase order under the name of the cooperative purchase
group and shall identify each participating retail member
involved with the purchase, the quantity of product purchased

SB2437 - 1433 - LRB103 26700 AMC 53063 b
purchase, the price attributable to each retailer member's
purchase, and a requested delivery date. A retail licensee may
make purchases through a cooperative purchasing group or
independently of such group. Nothing in this Section shall be
construed to prohibit retail licensees from making purchases
separate and apart from any cooperative purchasing group.
(e) Each distributor or importing distributor shall
separately invoice each participating cooperative purchase
group member for the purchase made on behalf of such
participating member.
(f) A cooperative purchasing group shall maintain the
records of each cooperative purchase order placed for 90 days.
The records shall include:
(1) the date the cooperative purchasing group order
was placed and the date of any amendments to the order;
(2) the distributor or importing distributor with
which the cooperative purchasing group placed the order;
(3) the names and license numbers of each cooperative
purchasing group member participating in the order;
(4) the price discounts and net price of all wine or
spirits ordered by each cooperative purchase group member;
and
(5) the requested delivery date for the order.
(g) A cooperative purchase group is subject to the books
and records requirements of Section 6-10 and subsection (e) of
11 Ill. Adm. Admin. Code 100.130.

SB2437 - 1434 - LRB103 26700 AMC 53063 b
(h) A cooperative purchasing group shall retain a surety
bond at all times for no less than $250,000. If a cooperative
purchasing group member is delinquent in payment pursuant to
Section 6-5, the surety shall immediately pay the importing
distributor or distributor the delinquent amount. The surety
bond required by this Section may be acquired from a company,
agent, or broker of the cooperative purchase group's choice.
If the surety bond does not cure the indebtedness, the 30-day
merchandising credit requirements of Section 6-5 shall apply
jointly to each cooperative purchasing group until the
indebtedness is cured. The cooperative purchasing group is
responsible for all costs and fees related to the surety bond.
(i) Any licensee that fails to comply with the terms and
conditions of this Section may be deemed to be in violation of
this Act.
(j) Nothing in this Section shall apply to quantity
discount programs offered for any product fermented with malt
or any substitute for malt. Nothing in this the Section shall
be construed to prohibit, limit, or interfere with quantity
discount, credit, or rebate programs offered for any product
fermented with malt or any substitute for malt.
(Source: P.A. 102-442, eff. 8-20-21; revised 2-28-22.)
(235 ILCS 5/6-38)
Sec. 6-38. One-time inventory transfer of wine or spirits
by a retail licensee with multiple licenses.

SB2437 - 1435 - LRB103 26700 AMC 53063 b
(a) No original package of wine or spirits may be
transferred from one retail licensee to any other retail
licensee without permission from the State Commission pursuant
to 11 Ill. Adm. Admin. Code 100.250; however, if the same
retailer owns more than one licensed retail location, the
retailer may transfer inventory of original packages of wine
or spirits from one or more of such retailer's licensed
locations to another of that retailer's licensed locations
without prior permission from the State Commission, under the
following circumstances:
(1) acts of god (such as, but not limited to,
pandemics, fires, explosions, tornadoes, earthquakes,
drought, and floods);
(2) federal, State, or local law or ordinance change;
(3) bankruptcy;
(4) permanent or temporary closure of one or more of
the retail licensee's locations;
(5) the retail licensee obtains an additional liquor
license for a new location;
(6) a retail licensee purchases another retail
licensee's location;
(7) a new licensee opens a business at the same
location where the prior licensee conducted business, when
the new licensee takes possession of the inventory of the
immediately prior license; or
(8) other unforeseeable circumstances beyond the

SB2437 - 1436 - LRB103 26700 AMC 53063 b
control of the licensee, such as circumstances:
(A) the licensee cannot reasonably take
precautions to prevent; and
(B) in which the only reasonable method of
disposing of the alcoholic liquor products would be a
transfer to another licensee or location.
(b) The transfer shall be made by:
(1) common carrier;
(2) a licensed distributor's or importing
distributor's vehicle; or
(3) a vehicle owned and operated by the licensee.
(c) All transfers must be properly documented on a form
provided by the State Commission that includes the following
information:
(1) the license number of the retail licensee's
location from which the transfer is to be made and the
license number of the retail licensee's location to which
the transfer is to be made;
(2) the brand, size, and quantity of the wine or
spirits to be transferred; and
(3) the date the transfer is made.
(d) A retail licensee location that transfers or receives
an original package of wine or spirits as authorized by this
Section shall not be deemed to be engaged in business as a
wholesaler or distributor based upon the transfer authorized
by this Section.

SB2437 - 1437 - LRB103 26700 AMC 53063 b
(e) A transfer authorized by this Section shall not be
deemed a sale.
(Source: P.A. 102-442, eff. 8-20-21; revised 2-28-22.)
(235 ILCS 5/10-5) (from Ch. 43, par. 187)
Sec. 10-5. Whenever any officer, director, manager, or
other employee employe in a position of authority of any
licensee under this Act shall be convicted of any violation of
this Act while engaged in the course of his employment or while
upon the premises described by said license, said license
shall be revoked and the fees paid thereon forfeited both as to
the holder of said license and as to said premises, and said
bond given by said licensee to secure the faithful compliance
with the terms of this Act shall be forfeited in like manner as
if said licensee had himself been convicted.
(Source: P.A. 82-783; revised 8-19-22.)
Section 545. The Illinois Public Aid Code is amended by
changing Sections 5-3, 5-5, 5-5.01b, and 14-12 and the
headings of Articles V-G, V-H, X, XIV, and XV and by setting
forth, renumbering, and changing multiple versions of Section
5-45 as follows:
(305 ILCS 5/5-3) (from Ch. 23, par. 5-3)
Sec. 5-3. Residence.) Any person who has established his
residence in this State and lives therein, including any

SB2437 - 1438 - LRB103 26700 AMC 53063 b
person who is a migrant worker, may qualify for medical
assistance. A person who, while temporarily in this State,
suffers injury or illness endangering his life and health and
necessitating emergency care, may also qualify.
Temporary absence from the State shall not disqualify a
person from maintaining his eligibility under this Article.
As used in this Section, "migrant worker" means any person
residing temporarily and employed in Illinois who moves
seasonally from one place to another for the purpose of
employment in agricultural activities, including the planting,
raising, or harvesting of any agricultural or horticultural
commodities and the handling, packing, or processing of such
commodities on the farm where produced or at the point of first
processing, in animal husbandry, or in other activities
connected with the care of animals. Dependents of such person
shall be considered eligible if they are living with the
person during his or her temporary residence and employment in
Illinois.
In order to be eligible for medical assistance under this
section, each migrant worker shall show proof of citizenship
or legal immigration status.
(Source: P.A. 102-1030, eff. 5-27-22; revised 8-22-22.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate

SB2437 - 1439 - LRB103 26700 AMC 53063 b
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,

SB2437 - 1440 - LRB103 26700 AMC 53063 b
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

SB2437 - 1441 - LRB103 26700 AMC 53063 b
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

SB2437 - 1442 - LRB103 26700 AMC 53063 b
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

SB2437 - 1443 - LRB103 26700 AMC 53063 b
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.

SB2437 - 1444 - LRB103 26700 AMC 53063 b
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

SB2437 - 1445 - LRB103 26700 AMC 53063 b
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

SB2437 - 1446 - LRB103 26700 AMC 53063 b
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

SB2437 - 1447 - LRB103 26700 AMC 53063 b
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

SB2437 - 1448 - LRB103 26700 AMC 53063 b
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.

SB2437 - 1449 - LRB103 26700 AMC 53063 b
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)
this amendatory Act of the 102nd General Assembly, 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

SB2437 - 1450 - LRB103 26700 AMC 53063 b
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

SB2437 - 1451 - LRB103 26700 AMC 53063 b
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 and persons of the age of
46 and above who have been diagnosed with cervical dysplasia

SB2437 - 1452 - LRB103 26700 AMC 53063 b
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

SB2437 - 1453 - LRB103 26700 AMC 53063 b
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

SB2437 - 1454 - LRB103 26700 AMC 53063 b
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.

SB2437 - 1455 - LRB103 26700 AMC 53063 b
(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

SB2437 - 1456 - LRB103 26700 AMC 53063 b
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

SB2437 - 1457 - LRB103 26700 AMC 53063 b
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

SB2437 - 1458 - LRB103 26700 AMC 53063 b
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

SB2437 - 1459 - LRB103 26700 AMC 53063 b
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)

SB2437 - 1460 - LRB103 26700 AMC 53063 b
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.

SB2437 - 1461 - LRB103 26700 AMC 53063 b
(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

SB2437 - 1462 - LRB103 26700 AMC 53063 b
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

SB2437 - 1463 - LRB103 26700 AMC 53063 b
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 pre-
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,

SB2437 - 1464 - LRB103 26700 AMC 53063 b
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

SB2437 - 1465 - LRB103 26700 AMC 53063 b
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

SB2437 - 1466 - LRB103 26700 AMC 53063 b
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

SB2437 - 1467 - LRB103 26700 AMC 53063 b
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

SB2437 - 1468 - LRB103 26700 AMC 53063 b
(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

SB2437 - 1469 - LRB103 26700 AMC 53063 b
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 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

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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

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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,

SB2437 - 1472 - LRB103 26700 AMC 53063 b
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) this amendatory Act of the 102nd General Assembly
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.
(Source: P.A. 101-209, eff. 8-5-19; 101-580, eff. 1-1-20;
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; revised 2-5-23.)
(305 ILCS 5/5-5.01b)
Sec. 5-5.01b. Certified Nursing Assistant Intern Program.

SB2437 - 1473 - LRB103 26700 AMC 53063 b
(a) The Department shall establish or approve a Certified
Nursing Assistant Intern Program to address the increasing
need for trained health care workers for the supporting living
facilities program established under Section 5-5.01a. Upon
successful completion of the classroom education and
on-the-job training requirements of the Program under this
Section, an individual may provide, at a facility certified
under this Act, the patient and resident care services
determined under the Program and may perform the procedures
listed under subsection (d).
(b) In order to qualify as a certified nursing assistant
intern, an individual shall successfully complete at least 8
hours of classroom education on the services and procedures
listed under subsection (d). The classroom education shall be:
(1) taken within the facility where the certified
nursing assistant intern will be employed;
(2) proctored by either an advanced practice
registered nurse or a registered nurse who holds a
bachelor's degree in nursing, has a minimum of 3 years of
continuous experience in geriatric care, or is certified
as a nursing assistant instructor; and
(3) satisfied by the successful completion of an
approved 8-hour online training course or in-person group
training.
(c) In order to qualify as a certified nursing assistant
intern, an individual shall successfully complete at least 24

SB2437 - 1474 - LRB103 26700 AMC 53063 b
hours of on-the-job training in the services and procedures
determined under the Program and listed under subsection (d),
as follows:
(1) The training program instructor shall be either an
advanced practice registered nurse or a registered nurse
who holds a bachelor's degree in nursing, has a minimum of
3 years of continuous experience in geriatric care, or is
certified as a nursing assistant instructor.
(2) The training program instructor shall ensure that
the student meets the competencies determined under the
Program and those listed under subsection (d). The
instructor shall document the successful completion or
failure of the competencies and any remediation that may
allow for the successful completion of the competencies.
(3) All on-the-job training shall be under the direct
observation of either an advanced practice registered
nurse or a registered nurse who holds a bachelor's degree
in nursing, has a minimum of 3 years of continuous
experience in geriatric care, or is certified as a nursing
assistant instructor.
(4) All on-the-job training shall be conducted at a
facility that is licensed by the State of Illinois and
that is the facility where the certified nursing assistant
intern will be working.
(d) A certified nursing assistant intern shall receive
classroom and on-the-job training on how to provide the

SB2437 - 1475 - LRB103 26700 AMC 53063 b
patient or resident care services and procedures, as
determined under the Program, that are required of a certified
nursing assistant's performance skills, including, but not
limited to, all of the following:
(1) Successful completion and maintenance of active
certification in both first aid and the American Red
Cross' courses on cardiopulmonary resuscitation.
(2) Infection control and in-service training required
at the facility.
(3) Washing a resident's hands.
(4) Performing oral hygiene on a resident.
(5) Shaving a resident with an electric razor.
(6) Giving a resident a partial bath.
(7) Making a bed that is occupied.
(8) Dressing a resident.
(9) Transferring a resident to a wheelchair using a
gait belt or transfer belt.
(10) Ambulating a resident with a gait belt or
transfer belt.
(11) Feeding a resident.
(12) Calculating a resident's intake and output.
(13) Placing a resident in a side-lying position.
(14) The Heimlich maneuver.
(e) A certified nursing assistant intern may not perform
any of the following on a resident:
(1) Shaving with a nonelectric razor.

SB2437 - 1476 - LRB103 26700 AMC 53063 b
(2) Nail care.
(3) Perineal care.
(4) Transfer using a mechanical lift.
(5) Passive range of motion.
(f) A certified nursing assistant intern may only provide
the patient or resident care services and perform the
procedures that he or she is deemed qualified to perform that
are listed under subsection (d). A certified nursing assistant
intern may not provide the procedures excluded under
subsection (e).
(g) A certified nursing assistant intern shall report to a
facility's charge nurse or nursing supervisor and may only be
assigned duties authorized in this Section by a supervising
nurse.
(h) A facility shall notify its certified and licensed
staff members, in writing, that a certified nursing assistant
intern may only provide the services and perform the
procedures listed under subsection (d). The notification shall
detail which duties may be delegated to a certified nursing
assistant intern.
(i) If a facility learns that a certified nursing
assistant intern is performing work outside of the scope of
the Program's training, the facility shall:
(1) stop the certified nursing assistant intern from
performing the work;
(2) inspect the work and correct mistakes, if the work

SB2437 - 1477 - LRB103 26700 AMC 53063 b
performed was done improperly;
(3) assign the work to the appropriate personnel; and
(4) ensure that a thorough assessment of any resident
involved in the work performed is completed by a
registered nurse.
(j) The Program is subject to the Health Care Worker
Background Check Act and the Health Care Worker Background
Check Code under 77 Ill. Adm. Code 955. Program participants
and personnel shall be included on the Health Care Worker
Registry.
(k) A Program participant who has completed the training
required under paragraph (5) of subsection (a) of Section
3-206 of the Nursing Home Care Act, has completed the Program
from April 21, 2020 through September 18, 2020, and has shown
competency in all of the performance skills listed under
subsection (d) shall be considered a certified nursing
assistant intern.
(l) The requirement under subsection (b) of Section
395.400 of Title 77 of the Illinois Administrative Code that a
student must pass a BNATP written competency examination
within 12 months after the completion of the BNATP does not
apply to a certified nursing assistant intern under this
Section. However, upon a Program participant's enrollment in a
certified nursing assistant course, the requirement under
subsection (b) of Section 395.400 of Title 77 of the Illinois
Administrative Code that a student pass a BNATP written

SB2437 - 1478 - LRB103 26700 AMC 53063 b
competency examination within 12 months after completion of
the BNATP program applies.
(m) A certified nursing assistant intern shall enroll in a
certified nursing assistant program within 6 months after
completing his or her certified nursing assistant intern
training under the Program. The individual may continue to
work as a certified nursing assistant intern during his or her
certified nursing assistant training. If the scope of work for
a nurse assistant in training pursuant to 77 Ill. Adm. Code
300.660 is broader in scope than the work permitted to be
performed by a certified nursing assistant intern, then the
certified nursing assistant intern enrolled in certified
nursing assistant training may perform the work allowed under
77. Ill. Adm. Code 300.660. The individual shall receive one
hour of credit for every hour employed as a certified nursing
assistant intern or as a temporary nurse assistant, not to
exceed 30 hours of credit, subject to the approval of an
accredited certified nursing assistant training program.
(n) A facility that seeks to train and employ a certified
nursing assistant intern at the facility must:
(1) not have received a substantiated citation, that
the facility has the right to the appeal, for a violation
that has caused severe harm to or the death of a resident
within the 2 years prior to employing a certified nursing
assistant intern; and
(2) establish a certified nursing assistant intern

SB2437 - 1479 - LRB103 26700 AMC 53063 b
mentoring program within the facility for the purposes of
increasing education and retention, which must include an
experienced certified nurse assistant who has at least 3
years of active employment and is employed by the
facility.
(o) A facility that does not meet the requirements of
subsection (n) shall cease its new employment training,
education, or onboarding of any employee under the Program.
The facility may resume its new employment training,
education, or onboarding of an employee under the Program once
the Department determines that the facility is in compliance
with subsection (n).
(p) To study the effectiveness of the Program, the
Department shall collect data from participating facilities
and publish a report on the extent to which the Program brought
individuals into continuing employment as certified nursing
assistants in long-term care. Data collected from facilities
shall include, but shall not be limited to, the number of
certified nursing assistants employed, the number of persons
who began participation in the Program, the number of persons
who successfully completed the Program, and the number of
persons who continue employment in a long-term care service or
facility. The report shall be published no later than 6 months
after the Program end date determined under subsection (r). A
facility participating in the Program shall, twice annually,
submit data under this subsection in a manner and time

SB2437 - 1480 - LRB103 26700 AMC 53063 b
determined by the Department. Failure to submit data under
this subsection shall result in suspension of the facility's
Program.
(q) The Department may adopt emergency rules in accordance
with Section 5-45.32 5-45.22 of the Illinois Administrative
Procedure Act.
(r) The Program shall end upon the termination of the
Secretary of Health and Human Services' public health
emergency declaration for COVID-19 or 3 years after the date
that the Program becomes operational, whichever occurs later.
(s) This Section is inoperative 18 months after the
Program end date determined under subsection (r).
(Source: P.A. 102-1037, eff. 6-2-22; revised 7-26-22.)
(305 ILCS 5/5-45)
Sec. 5-45. Reimbursement rates; substance use disorder
treatment providers and facilities. Beginning on July 1, 2022,
the Department of Human Services' Division of Substance Use
Prevention and Recovery in conjunction with the Department of
Healthcare and Family Services, shall provide for an increase
in reimbursement rates by way of an increase to existing rates
of 47% for all community-based substance use disorder
treatment services, including, but not limited to, all of the
following:
(1) Admission and Discharge Assessment.
(2) Level 1 (Individual).

SB2437 - 1481 - LRB103 26700 AMC 53063 b
(3) Level 1 (Group).
(4) Level 2 (Individual).
(5) Level 2 (Group).
(6) Psychiatric/Diagnostic.
(7) Medication Monitoring (Individual).
(8) Methadone as an Adjunct to Treatment.
No existing or future reimbursement rates or add-ons shall
be reduced or changed to address the rate increase proposed
under this Section. The Department of Healthcare and Family
Services shall immediately, no later than 3 months following
April 19, 2022 (the effective date of Public Act 102-699) this
amendatory Act of the 102nd General Assembly, submit any
necessary application to the federal Centers for Medicare and
Medicaid Services for a waiver or State Plan amendment to
implement the requirements of this Section. Beginning in State
fiscal year 2023, and every State fiscal year thereafter,
reimbursement rates for those community-based substance use
disorder treatment services shall be adjusted upward by an
amount equal to the Consumer Price Index-U from the previous
year, not to exceed 2% in any State fiscal year. If there is a
decrease in the Consumer Price Index-U, rates shall remain
unchanged for that State fiscal year. The Department of Human
Services shall adopt rules, including emergency rules under
Section 5-45.1 of the Illinois Administrative Procedure Act,
to implement the provisions of this Section.
As used in this Section, "consumer price index-u" means

SB2437 - 1482 - LRB103 26700 AMC 53063 b
the index published by the Bureau of Labor Statistics of the
United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100.
(Source: P.A. 102-699, eff. 4-19-22; revised 8-8-22.)
(305 ILCS 5/5-46)
Sec. 5-46 5-45. General acute care hospitals. A general
acute care hospital is authorized to file a notice with the
Department of Public Health and the Health Facilities and
Services Review Board to establish an acute mental illness
category of service in accordance with the Illinois Health
Facilities Planning Act and add authorized acute mental
illness beds if the following conditions are met:
(1) the general acute care hospital qualifies as a
safety-net hospital, as defined in Section 5-5e.1, as
determined by the Department of Healthcare and Family
Services at the time of filing the notice or for the year
immediately prior to the date of filing the notice;
(2) the notice seeks to establish no more than 24
authorized acute mental illness beds; and
(3) the notice seeks to reduce the number of
authorized beds in another category of service to offset
the number of authorized acute mental illness beds.
(Source: P.A. 102-886, eff. 5-17-22; revised 8-8-22.)

SB2437 - 1483 - LRB103 26700 AMC 53063 b
(305 ILCS 5/Art. V-G heading)
ARTICLE V-G. SUPPORTIVE LIVING FACILITY FUNDING .
(Source: P.A. 98-651, eff. 6-16-14; revised 8-22-22.)
(305 ILCS 5/Art. V-H heading)
ARTICLE V-H. MANAGED CARE ORGANIZATION PROVIDER ASSESSMENT .
(Source: P.A. 101-9, eff. 6-5-19; revised 8-22-22.)
(305 ILCS 5/Art. X heading)
ARTICLE X . : DETERMINATION AND ENFORCEMENT OF
SUPPORT RESPONSIBILITY OF RELATIVES
(305 ILCS 5/Art. XIV heading)
ARTICLE XIV . HOSPITAL SERVICES TRUST FUND
(305 ILCS 5/14-12)
Sec. 14-12. Hospital rate reform payment system. The
hospital payment system pursuant to Section 14-11 of this
Article shall be as follows:
(a) Inpatient hospital services. Effective for discharges
on and after July 1, 2014, reimbursement for inpatient general
acute care services shall utilize the All Patient Refined
Diagnosis Related Grouping (APR-DRG) software, version 30,
distributed by 3MTM Health Information System.
(1) The Department shall establish Medicaid weighting

SB2437 - 1484 - LRB103 26700 AMC 53063 b
factors to be used in the reimbursement system established
under this subsection. Initial weighting factors shall be
the weighting factors as published by 3M Health
Information System, associated with Version 30.0 adjusted
for the Illinois experience.
(2) The Department shall establish a
statewide-standardized amount to be used in the inpatient
reimbursement system. The Department shall publish these
amounts on its website no later than 10 calendar days
prior to their effective date.
(3) In addition to the statewide-standardized amount,
the Department shall develop adjusters to adjust the rate
of reimbursement for critical Medicaid providers or
services for trauma, transplantation services, perinatal
care, and Graduate Medical Education (GME).
(4) The Department shall develop add-on payments to
account for exceptionally costly inpatient stays,
consistent with Medicare outlier principles. Outlier fixed
loss thresholds may be updated to control for excessive
growth in outlier payments no more frequently than on an
annual basis, but at least once every 4 years. Upon
updating the fixed loss thresholds, the Department shall
be required to update base rates within 12 months.
(5) The Department shall define those hospitals or
distinct parts of hospitals that shall be exempt from the
APR-DRG reimbursement system established under this

SB2437 - 1485 - LRB103 26700 AMC 53063 b
Section. The Department shall publish these hospitals'
inpatient rates on its website no later than 10 calendar
days prior to their effective date.
(6) Beginning July 1, 2014 and ending on June 30,
2024, in addition to the statewide-standardized amount,
the Department shall develop an adjustor to adjust the
rate of reimbursement for safety-net hospitals defined in
Section 5-5e.1 of this Code excluding pediatric hospitals.
(7) Beginning July 1, 2014, in addition to the
statewide-standardized amount, the Department shall
develop an adjustor to adjust the rate of reimbursement
for Illinois freestanding inpatient psychiatric hospitals
that are not designated as children's hospitals by the
Department but are primarily treating patients under the
age of 21.
(7.5) (Blank).
(8) Beginning July 1, 2018, in addition to the
statewide-standardized amount, the Department shall adjust
the rate of reimbursement for hospitals designated by the
Department of Public Health as a Perinatal Level II or II+
center by applying the same adjustor that is applied to
Perinatal and Obstetrical care cases for Perinatal Level
III centers, as of December 31, 2017.
(9) Beginning July 1, 2018, in addition to the
statewide-standardized amount, the Department shall apply
the same adjustor that is applied to trauma cases as of

SB2437 - 1486 - LRB103 26700 AMC 53063 b
December 31, 2017 to inpatient claims to treat patients
with burns, including, but not limited to, APR-DRGs 841,
842, 843, and 844.
(10) Beginning July 1, 2018, the
statewide-standardized amount for inpatient general acute
care services shall be uniformly increased so that base
claims projected reimbursement is increased by an amount
equal to the funds allocated in paragraph (1) of
subsection (b) of Section 5A-12.6, less the amount
allocated under paragraphs (8) and (9) of this subsection
and paragraphs (3) and (4) of subsection (b) multiplied by
40%.
(11) Beginning July 1, 2018, the reimbursement for
inpatient rehabilitation services shall be increased by
the addition of a $96 per day add-on.
(b) Outpatient hospital services. Effective for dates of
service on and after July 1, 2014, reimbursement for
outpatient services shall utilize the Enhanced Ambulatory
Procedure Grouping (EAPG) software, version 3.7 distributed by
3MTM Health Information System.
(1) The Department shall establish Medicaid weighting
factors to be used in the reimbursement system established
under this subsection. The initial weighting factors shall
be the weighting factors as published by 3M Health
Information System, associated with Version 3.7.
(2) The Department shall establish service specific

SB2437 - 1487 - LRB103 26700 AMC 53063 b
statewide-standardized amounts to be used in the
reimbursement system.
(A) The initial statewide standardized amounts,
with the labor portion adjusted by the Calendar Year
2013 Medicare Outpatient Prospective Payment System
wage index with reclassifications, shall be published
by the Department on its website no later than 10
calendar days prior to their effective date.
(B) The Department shall establish adjustments to
the statewide-standardized amounts for each Critical
Access Hospital, as designated by the Department of
Public Health in accordance with 42 CFR 485, Subpart
F. For outpatient services provided on or before June
30, 2018, the EAPG standardized amounts are determined
separately for each critical access hospital such that
simulated EAPG payments using outpatient base period
paid claim data plus payments under Section 5A-12.4 of
this Code net of the associated tax costs are equal to
the estimated costs of outpatient base period claims
data with a rate year cost inflation factor applied.
(3) In addition to the statewide-standardized amounts,
the Department shall develop adjusters to adjust the rate
of reimbursement for critical Medicaid hospital outpatient
providers or services, including outpatient high volume or
safety-net hospitals. Beginning July 1, 2018, the
outpatient high volume adjustor shall be increased to

SB2437 - 1488 - LRB103 26700 AMC 53063 b
increase annual expenditures associated with this adjustor
by $79,200,000, based on the State Fiscal Year 2015 base
year data and this adjustor shall apply to public
hospitals, except for large public hospitals, as defined
under 89 Ill. Adm. Code 148.25(a).
(4) Beginning July 1, 2018, in addition to the
statewide standardized amounts, the Department shall make
an add-on payment for outpatient expensive devices and
drugs. This add-on payment shall at least apply to claim
lines that: (i) are assigned with one of the following
EAPGs: 490, 1001 to 1020, and coded with one of the
following revenue codes: 0274 to 0276, 0278; or (ii) are
assigned with one of the following EAPGs: 430 to 441, 443,
444, 460 to 465, 495, 496, 1090. The add-on payment shall
be calculated as follows: the claim line's covered charges
multiplied by the hospital's total acute cost to charge
ratio, less the claim line's EAPG payment plus $1,000,
multiplied by 0.8.
(5) Beginning July 1, 2018, the statewide-standardized
amounts for outpatient services shall be increased by a
uniform percentage so that base claims projected
reimbursement is increased by an amount equal to no less
than the funds allocated in paragraph (1) of subsection
(b) of Section 5A-12.6, less the amount allocated under
paragraphs (8) and (9) of subsection (a) and paragraphs
(3) and (4) of this subsection multiplied by 46%.

SB2437 - 1489 - LRB103 26700 AMC 53063 b
(6) Effective for dates of service on or after July 1,
2018, the Department shall establish adjustments to the
statewide-standardized amounts for each Critical Access
Hospital, as designated by the Department of Public Health
in accordance with 42 CFR 485, Subpart F, such that each
Critical Access Hospital's standardized amount for
outpatient services shall be increased by the applicable
uniform percentage determined pursuant to paragraph (5) of
this subsection. It is the intent of the General Assembly
that the adjustments required under this paragraph (6) by
Public Act 100-1181 shall be applied retroactively to
claims for dates of service provided on or after July 1,
2018.
(7) Effective for dates of service on or after March
8, 2019 (the effective date of Public Act 100-1181), the
Department shall recalculate and implement an updated
statewide-standardized amount for outpatient services
provided by hospitals that are not Critical Access
Hospitals to reflect the applicable uniform percentage
determined pursuant to paragraph (5).
(1) Any recalculation to the
statewide-standardized amounts for outpatient services
provided by hospitals that are not Critical Access
Hospitals shall be the amount necessary to achieve the
increase in the statewide-standardized amounts for
outpatient services increased by a uniform percentage,

SB2437 - 1490 - LRB103 26700 AMC 53063 b
so that base claims projected reimbursement is
increased by an amount equal to no less than the funds
allocated in paragraph (1) of subsection (b) of
Section 5A-12.6, less the amount allocated under
paragraphs (8) and (9) of subsection (a) and
paragraphs (3) and (4) of this subsection, for all
hospitals that are not Critical Access Hospitals,
multiplied by 46%.
(2) It is the intent of the General Assembly that
the recalculations required under this paragraph (7)
by Public Act 100-1181 shall be applied prospectively
to claims for dates of service provided on or after
March 8, 2019 (the effective date of Public Act
100-1181) and that no recoupment or repayment by the
Department or an MCO of payments attributable to
recalculation under this paragraph (7), issued to the
hospital for dates of service on or after July 1, 2018
and before March 8, 2019 (the effective date of Public
Act 100-1181), shall be permitted.
(8) The Department shall ensure that all necessary
adjustments to the managed care organization capitation
base rates necessitated by the adjustments under
subparagraph (6) or (7) of this subsection are completed
and applied retroactively in accordance with Section
5-30.8 of this Code within 90 days of March 8, 2019 (the
effective date of Public Act 100-1181).

SB2437 - 1491 - LRB103 26700 AMC 53063 b
(9) Within 60 days after federal approval of the
change made to the assessment in Section 5A-2 by Public
Act 101-650 this amendatory Act of the 101st General
Assembly, the Department shall incorporate into the EAPG
system for outpatient services those services performed by
hospitals currently billed through the Non-Institutional
Provider billing system.
(b-5) Notwithstanding any other provision of this Section,
beginning with dates of service on and after January 1, 2023,
any general acute care hospital with more than 500 outpatient
psychiatric Medicaid services to persons under 19 years of age
in any calendar year shall be paid the outpatient add-on
payment of no less than $113.
(c) In consultation with the hospital community, the
Department is authorized to replace 89 Ill. Adm. Admin. Code
152.150 as published in 38 Ill. Reg. 4980 through 4986 within
12 months of June 16, 2014 (the effective date of Public Act
98-651). If the Department does not replace these rules within
12 months of June 16, 2014 (the effective date of Public Act
98-651), the rules in effect for 152.150 as published in 38
Ill. Reg. 4980 through 4986 shall remain in effect until
modified by rule by the Department. Nothing in this subsection
shall be construed to mandate that the Department file a
replacement rule.
(d) Transition period. There shall be a transition period
to the reimbursement systems authorized under this Section

SB2437 - 1492 - LRB103 26700 AMC 53063 b
that shall begin on the effective date of these systems and
continue until June 30, 2018, unless extended by rule by the
Department. To help provide an orderly and predictable
transition to the new reimbursement systems and to preserve
and enhance access to the hospital services during this
transition, the Department shall allocate a transitional
hospital access pool of at least $290,000,000 annually so that
transitional hospital access payments are made to hospitals.
(1) After the transition period, the Department may
begin incorporating the transitional hospital access pool
into the base rate structure; however, the transitional
hospital access payments in effect on June 30, 2018 shall
continue to be paid, if continued under Section 5A-16.
(2) After the transition period, if the Department
reduces payments from the transitional hospital access
pool, it shall increase base rates, develop new adjustors,
adjust current adjustors, develop new hospital access
payments based on updated information, or any combination
thereof by an amount equal to the decreases proposed in
the transitional hospital access pool payments, ensuring
that the entire transitional hospital access pool amount
shall continue to be used for hospital payments.
(d-5) Hospital and health care transformation program. The
Department shall develop a hospital and health care
transformation program to provide financial assistance to
hospitals in transforming their services and care models to

SB2437 - 1493 - LRB103 26700 AMC 53063 b
better align with the needs of the communities they serve. The
payments authorized in this Section shall be subject to
approval by the federal government.
(1) Phase 1. In State fiscal years 2019 through 2020,
the Department shall allocate funds from the transitional
access hospital pool to create a hospital transformation
pool of at least $262,906,870 annually and make hospital
transformation payments to hospitals. Subject to Section
5A-16, in State fiscal years 2019 and 2020, an Illinois
hospital that received either a transitional hospital
access payment under subsection (d) or a supplemental
payment under subsection (f) of this Section in State
fiscal year 2018, shall receive a hospital transformation
payment as follows:
(A) If the hospital's Rate Year 2017 Medicaid
inpatient utilization rate is equal to or greater than
45%, the hospital transformation payment shall be
equal to 100% of the sum of its transitional hospital
access payment authorized under subsection (d) and any
supplemental payment authorized under subsection (f).
(B) If the hospital's Rate Year 2017 Medicaid
inpatient utilization rate is equal to or greater than
25% but less than 45%, the hospital transformation
payment shall be equal to 75% of the sum of its
transitional hospital access payment authorized under
subsection (d) and any supplemental payment authorized

SB2437 - 1494 - LRB103 26700 AMC 53063 b
under subsection (f).
(C) If the hospital's Rate Year 2017 Medicaid
inpatient utilization rate is less than 25%, the
hospital transformation payment shall be equal to 50%
of the sum of its transitional hospital access payment
authorized under subsection (d) and any supplemental
payment authorized under subsection (f).
(2) Phase 2.
(A) The funding amount from phase one shall be
incorporated into directed payment and pass-through
payment methodologies described in Section 5A-12.7.
(B) Because there are communities in Illinois that
experience significant health care disparities due to
systemic racism, as recently emphasized by the
COVID-19 pandemic, aggravated by social determinants
of health and a lack of sufficiently allocated
healthcare resources, particularly community-based
services, preventive care, obstetric care, chronic
disease management, and specialty care, the Department
shall establish a health care transformation program
that shall be supported by the transformation funding
pool. It is the intention of the General Assembly that
innovative partnerships funded by the pool must be
designed to establish or improve integrated health
care delivery systems that will provide significant
access to the Medicaid and uninsured populations in

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their communities, as well as improve health care
equity. It is also the intention of the General
Assembly that partnerships recognize and address the
disparities revealed by the COVID-19 pandemic, as well
as the need for post-COVID care. During State fiscal
years 2021 through 2027, the hospital and health care
transformation program shall be supported by an annual
transformation funding pool of up to $150,000,000,
pending federal matching funds, to be allocated during
the specified fiscal years for the purpose of
facilitating hospital and health care transformation.
No disbursement of moneys for transformation projects
from the transformation funding pool described under
this Section shall be considered an award, a grant, or
an expenditure of grant funds. Funding agreements made
in accordance with the transformation program shall be
considered purchases of care under the Illinois
Procurement Code, and funds shall be expended by the
Department in a manner that maximizes federal funding
to expend the entire allocated amount.
The Department shall convene, within 30 days after
March 12, 2021 (the effective date of Public Act
101-655) this amendatory Act of the 101st General
Assembly, a workgroup that includes subject matter
experts on healthcare disparities and stakeholders
from distressed communities, which could be a

SB2437 - 1496 - LRB103 26700 AMC 53063 b
subcommittee of the Medicaid Advisory Committee, to
review and provide recommendations on how Department
policy, including health care transformation, can
improve health disparities and the impact on
communities disproportionately affected by COVID-19.
The workgroup shall consider and make recommendations
on the following issues: a community safety-net
designation of certain hospitals, racial equity, and a
regional partnership to bring additional specialty
services to communities.
(C) As provided in paragraph (9) of Section 3 of
the Illinois Health Facilities Planning Act, any
hospital participating in the transformation program
may be excluded from the requirements of the Illinois
Health Facilities Planning Act for those projects
related to the hospital's transformation. To be
eligible, the hospital must submit to the Health
Facilities and Services Review Board approval from the
Department that the project is a part of the
hospital's transformation.
(D) As provided in subsection (a-20) of Section
32.5 of the Emergency Medical Services (EMS) Systems
Act, a hospital that received hospital transformation
payments under this Section may convert to a
freestanding emergency center. To be eligible for such
a conversion, the hospital must submit to the

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Department of Public Health approval from the
Department that the project is a part of the
hospital's transformation.
(E) Criteria for proposals. To be eligible for
funding under this Section, a transformation proposal
shall meet all of the following criteria:
(i) the proposal shall be designed based on
community needs assessment completed by either a
University partner or other qualified entity with
significant community input;
(ii) the proposal shall be a collaboration
among providers across the care and community
spectrum, including preventative care, primary
care specialty care, hospital services, mental
health and substance abuse services, as well as
community-based entities that address the social
determinants of health;
(iii) the proposal shall be specifically
designed to improve healthcare outcomes and reduce
healthcare disparities, and improve the
coordination, effectiveness, and efficiency of
care delivery;
(iv) the proposal shall have specific
measurable metrics related to disparities that
will be tracked by the Department and made public
by the Department;

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(v) the proposal shall include a commitment to
include Business Enterprise Program certified
vendors or other entities controlled and managed
by minorities or women; and
(vi) the proposal shall specifically increase
access to primary, preventive, or specialty care.
(F) Entities eligible to be funded.
(i) Proposals for funding should come from
collaborations operating in one of the most
distressed communities in Illinois as determined
by the U.S. Centers for Disease Control and
Prevention's Social Vulnerability Index for
Illinois and areas disproportionately impacted by
COVID-19 or from rural areas of Illinois.
(ii) The Department shall prioritize
partnerships from distressed communities, which
include Business Enterprise Program certified
vendors or other entities controlled and managed
by minorities or women and also include one or
more of the following: safety-net hospitals,
critical access hospitals, the campuses of
hospitals that have closed since January 1, 2018,
or other healthcare providers designed to address
specific healthcare disparities, including the
impact of COVID-19 on individuals and the
community and the need for post-COVID care. All

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funded proposals must include specific measurable
goals and metrics related to improved outcomes and
reduced disparities which shall be tracked by the
Department.
(iii) The Department should target the funding
in the following ways: $30,000,000 of
transformation funds to projects that are a
collaboration between a safety-net hospital,
particularly community safety-net hospitals, and
other providers and designed to address specific
healthcare disparities, $20,000,000 of
transformation funds to collaborations between
safety-net hospitals and a larger hospital partner
that increases specialty care in distressed
communities, $30,000,000 of transformation funds
to projects that are a collaboration between
hospitals and other providers in distressed areas
of the State designed to address specific
healthcare disparities, $15,000,000 to
collaborations between critical access hospitals
and other providers designed to address specific
healthcare disparities, and $15,000,000 to
cross-provider collaborations designed to address
specific healthcare disparities, and $5,000,000 to
collaborations that focus on workforce
development.

SB2437 - 1500 - LRB103 26700 AMC 53063 b
(iv) The Department may allocate up to
$5,000,000 for planning, racial equity analysis,
or consulting resources for the Department or
entities without the resources to develop a plan
to meet the criteria of this Section. Any contract
for consulting services issued by the Department
under this subparagraph shall comply with the
provisions of Section 5-45 of the State Officials
and Employees Ethics Act. Based on availability of
federal funding, the Department may directly
procure consulting services or provide funding to
the collaboration. The provision of resources
under this subparagraph is not a guarantee that a
project will be approved.
(v) The Department shall take steps to ensure
that safety-net hospitals operating in
under-resourced communities receive priority
access to hospital and healthcare transformation
funds, including consulting funds, as provided
under this Section.
(G) Process for submitting and approving projects
for distressed communities. The Department shall issue
a template for application. The Department shall post
any proposal received on the Department's website for
at least 2 weeks for public comment, and any such
public comment shall also be considered in the review

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process. Applicants may request that proprietary
financial information be redacted from publicly posted
proposals and the Department in its discretion may
agree. Proposals for each distressed community must
include all of the following:
(i) A detailed description of how the project
intends to affect the goals outlined in this
subsection, describing new interventions, new
technology, new structures, and other changes to
the healthcare delivery system planned.
(ii) A detailed description of the racial and
ethnic makeup of the entities' board and
leadership positions and the salaries of the
executive staff of entities in the partnership
that is seeking to obtain funding under this
Section.
(iii) A complete budget, including an overall
timeline and a detailed pathway to sustainability
within a 5-year period, specifying other sources
of funding, such as in-kind, cost-sharing, or
private donations, particularly for capital needs.
There is an expectation that parties to the
transformation project dedicate resources to the
extent they are able and that these expectations
are delineated separately for each entity in the
proposal.

SB2437 - 1502 - LRB103 26700 AMC 53063 b
(iv) A description of any new entities formed
or other legal relationships between collaborating
entities and how funds will be allocated among
participants.
(v) A timeline showing the evolution of sites
and specific services of the project over a 5-year
period, including services available to the
community by site.
(vi) Clear milestones indicating progress
toward the proposed goals of the proposal as
checkpoints along the way to continue receiving
funding. The Department is authorized to refine
these milestones in agreements, and is authorized
to impose reasonable penalties, including
repayment of funds, for substantial lack of
progress.
(vii) A clear statement of the level of
commitment the project will include for minorities
and women in contracting opportunities, including
as equity partners where applicable, or as
subcontractors and suppliers in all phases of the
project.
(viii) If the community study utilized is not
the study commissioned and published by the
Department, the applicant must define the
methodology used, including documentation of clear

SB2437 - 1503 - LRB103 26700 AMC 53063 b
community participation.
(ix) A description of the process used in
collaborating with all levels of government in the
community served in the development of the
project, including, but not limited to,
legislators and officials of other units of local
government.
(x) Documentation of a community input process
in the community served, including links to
proposal materials on public websites.
(xi) Verifiable project milestones and quality
metrics that will be impacted by transformation.
These project milestones and quality metrics must
be identified with improvement targets that must
be met.
(xii) Data on the number of existing employees
by various job categories and wage levels by the
zip code of the employees' residence and
benchmarks for the continued maintenance and
improvement of these levels. The proposal must
also describe any retraining or other workforce
development planned for the new project.
(xiii) If a new entity is created by the
project, a description of how the board will be
reflective of the community served by the
proposal.

SB2437 - 1504 - LRB103 26700 AMC 53063 b
(xiv) An explanation of how the proposal will
address the existing disparities that exacerbated
the impact of COVID-19 and the need for post-COVID
care in the community, if applicable.
(xv) An explanation of how the proposal is
designed to increase access to care, including
specialty care based upon the community's needs.
(H) The Department shall evaluate proposals for
compliance with the criteria listed under subparagraph
(G). Proposals meeting all of the criteria may be
eligible for funding with the areas of focus
prioritized as described in item (ii) of subparagraph
(F). Based on the funds available, the Department may
negotiate funding agreements with approved applicants
to maximize federal funding. Nothing in this
subsection requires that an approved project be funded
to the level requested. Agreements shall specify the
amount of funding anticipated annually, the
methodology of payments, the limit on the number of
years such funding may be provided, and the milestones
and quality metrics that must be met by the projects in
order to continue to receive funding during each year
of the program. Agreements shall specify the terms and
conditions under which a health care facility that
receives funds under a purchase of care agreement and
closes in violation of the terms of the agreement must

SB2437 - 1505 - LRB103 26700 AMC 53063 b
pay an early closure fee no greater than 50% of the
funds it received under the agreement, prior to the
Health Facilities and Services Review Board
considering an application for closure of the
facility. Any project that is funded shall be required
to provide quarterly written progress reports, in a
form prescribed by the Department, and at a minimum
shall include the progress made in achieving any
milestones or metrics or Business Enterprise Program
commitments in its plan. The Department may reduce or
end payments, as set forth in transformation plans, if
milestones or metrics or Business Enterprise Program
commitments are not achieved. The Department shall
seek to make payments from the transformation fund in
a manner that is eligible for federal matching funds.
In reviewing the proposals, the Department shall
take into account the needs of the community, data
from the study commissioned by the Department from the
University of Illinois-Chicago if applicable, feedback
from public comment on the Department's website, as
well as how the proposal meets the criteria listed
under subparagraph (G). Alignment with the
Department's overall strategic initiatives shall be an
important factor. To the extent that fiscal year
funding is not adequate to fund all eligible projects
that apply, the Department shall prioritize

SB2437 - 1506 - LRB103 26700 AMC 53063 b
applications that most comprehensively and effectively
address the criteria listed under subparagraph (G).
(3) (Blank).
(4) Hospital Transformation Review Committee. There is
created the Hospital Transformation Review Committee. The
Committee shall consist of 14 members. No later than 30
days after March 12, 2018 (the effective date of Public
Act 100-581), the 4 legislative leaders shall each appoint
3 members; the Governor shall appoint the Director of
Healthcare and Family Services, or his or her designee, as
a member; and the Director of Healthcare and Family
Services shall appoint one member. Any vacancy shall be
filled by the applicable appointing authority within 15
calendar days. The members of the Committee shall select a
Chair and a Vice-Chair from among its members, provided
that the Chair and Vice-Chair cannot be appointed by the
same appointing authority and must be from different
political parties. The Chair shall have the authority to
establish a meeting schedule and convene meetings of the
Committee, and the Vice-Chair shall have the authority to
convene meetings in the absence of the Chair. The
Committee may establish its own rules with respect to
meeting schedule, notice of meetings, and the disclosure
of documents; however, the Committee shall not have the
power to subpoena individuals or documents and any rules
must be approved by 9 of the 14 members. The Committee

SB2437 - 1507 - LRB103 26700 AMC 53063 b
shall perform the functions described in this Section and
advise and consult with the Director in the administration
of this Section. In addition to reviewing and approving
the policies, procedures, and rules for the hospital and
health care transformation program, the Committee shall
consider and make recommendations related to qualifying
criteria and payment methodologies related to safety-net
hospitals and children's hospitals. Members of the
Committee appointed by the legislative leaders shall be
subject to the jurisdiction of the Legislative Ethics
Commission, not the Executive Ethics Commission, and all
requests under the Freedom of Information Act shall be
directed to the applicable Freedom of Information officer
for the General Assembly. The Department shall provide
operational support to the Committee as necessary. The
Committee is dissolved on April 1, 2019.
(e) Beginning 36 months after initial implementation, the
Department shall update the reimbursement components in
subsections (a) and (b), including standardized amounts and
weighting factors, and at least once every 4 years and no more
frequently than annually thereafter. The Department shall
publish these updates on its website no later than 30 calendar
days prior to their effective date.
(f) Continuation of supplemental payments. Any
supplemental payments authorized under Illinois Administrative
Code 148 effective January 1, 2014 and that continue during

SB2437 - 1508 - LRB103 26700 AMC 53063 b
the period of July 1, 2014 through December 31, 2014 shall
remain in effect as long as the assessment imposed by Section
5A-2 that is in effect on December 31, 2017 remains in effect.
(g) Notwithstanding subsections (a) through (f) of this
Section and notwithstanding the changes authorized under
Section 5-5b.1, any updates to the system shall not result in
any diminishment of the overall effective rates of
reimbursement as of the implementation date of the new system
(July 1, 2014). These updates shall not preclude variations in
any individual component of the system or hospital rate
variations. Nothing in this Section shall prohibit the
Department from increasing the rates of reimbursement or
developing payments to ensure access to hospital services.
Nothing in this Section shall be construed to guarantee a
minimum amount of spending in the aggregate or per hospital as
spending may be impacted by factors, including, but not
limited to, the number of individuals in the medical
assistance program and the severity of illness of the
individuals.
(h) The Department shall have the authority to modify by
rulemaking any changes to the rates or methodologies in this
Section as required by the federal government to obtain
federal financial participation for expenditures made under
this Section.
(i) Except for subsections (g) and (h) of this Section,
the Department shall, pursuant to subsection (c) of Section

SB2437 - 1509 - LRB103 26700 AMC 53063 b
5-40 of the Illinois Administrative Procedure Act, provide for
presentation at the June 2014 hearing of the Joint Committee
on Administrative Rules (JCAR) additional written notice to
JCAR of the following rules in order to commence the second
notice period for the following rules: rules published in the
Illinois Register, rule dated February 21, 2014 at 38 Ill.
Reg. 4559 (Medical Payment), 4628 (Specialized Health Care
Delivery Systems), 4640 (Hospital Services), 4932 (Diagnostic
Related Grouping (DRG) Prospective Payment System (PPS)), and
4977 (Hospital Reimbursement Changes), and published in the
Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499
(Specialized Health Care Delivery Systems) and 6505 (Hospital
Services).
(j) Out-of-state hospitals. Beginning July 1, 2018, for
purposes of determining for State fiscal years 2019 and 2020
and subsequent fiscal years the hospitals eligible for the
payments authorized under subsections (a) and (b) of this
Section, the Department shall include out-of-state hospitals
that are designated a Level I pediatric trauma center or a
Level I trauma center by the Department of Public Health as of
December 1, 2017.
(k) The Department shall notify each hospital and managed
care organization, in writing, of the impact of the updates
under this Section at least 30 calendar days prior to their
effective date.
(Source: P.A. 101-81, eff. 7-12-19; 101-650, eff. 7-7-20;

SB2437 - 1510 - LRB103 26700 AMC 53063 b
101-655, eff. 3-12-21; 102-682, eff. 12-10-21; 102-1037, eff.
6-2-22; revised 8-22-22.)
(305 ILCS 5/Art. XV heading)
ARTICLE XV .
COUNTY PROVIDER TRUST FUND
Section 548. The Rebuild Illinois Mental Health Workforce
Act is amended by changing Section 20-10 as follows:
(305 ILCS 66/20-10)
Sec. 20-10. Medicaid funding for community mental health
services. Medicaid funding for the specific community mental
health services listed in this Act shall be adjusted and paid
as set forth in this Act. Such payments shall be paid in
addition to the base Medicaid reimbursement rate and add-on
payment rates per service unit.
(a) The payment adjustments shall begin on July 1, 2022
for State Fiscal Year 2023 and shall continue for every State
fiscal year thereafter.
(1) Individual Therapy Medicaid Payment rate for
services provided under the H0004 Code:
(A) The Medicaid total payment rate for individual
therapy provided by a qualified mental health
professional shall be increased by no less than $9 per
service unit.

SB2437 - 1511 - LRB103 26700 AMC 53063 b
(B) The Medicaid total payment rate for individual
therapy provided by a mental health professional shall
be increased by no less than then $9 per service unit.
(2) Community Support - Individual Medicaid Payment
rate for services provided under the H2015 Code: All
community support - individual services shall be increased
by no less than $15 per service unit.
(3) Case Management Medicaid Add-on Payment for
services provided under the T1016 code: All case
management services rates shall be increased by no less
than $15 per service unit.
(4) Assertive Community Treatment Medicaid Add-on
Payment for services provided under the H0039 code: The
Medicaid total payment rate for assertive community
treatment services shall increase by no less than $8 per
service unit.
(5) Medicaid user-based directed payments.
(A) For each State fiscal year, a monthly directed
payment shall be paid to a community mental health
provider of community support team services based on
the number of Medicaid users of community support team
services documented by Medicaid fee-for-service and
managed care encounter claims delivered by that
provider in the base year. The Department of
Healthcare and Family Services shall make the monthly
directed payment to each provider entitled to directed

SB2437 - 1512 - LRB103 26700 AMC 53063 b
payments under this Act by no later than the last day
of each month throughout each State fiscal year.
(i) The monthly directed payment for a
community support team provider shall be
calculated as follows: The sum total number of
individual Medicaid users of community support
team services delivered by that provider
throughout the base year, multiplied by $4,200 per
Medicaid user, divided into 12 equal monthly
payments for the State fiscal year.
(ii) As used in this subparagraph, "user"
means an individual who received at least 200
units of community support team services (H2016)
during the base year.
(B) For each State fiscal year, a monthly directed
payment shall be paid to each community mental health
provider of assertive community treatment services
based on the number of Medicaid users of assertive
community treatment services documented by Medicaid
fee-for-service and managed care encounter claims
delivered by the provider in the base year.
(i) The monthly direct payment for an
assertive community treatment provider shall be
calculated as follows: The sum total number of
Medicaid users of assertive community treatment
services provided by that provider throughout the

SB2437 - 1513 - LRB103 26700 AMC 53063 b
base year, multiplied by $6,000 per Medicaid user,
divided into 12 equal monthly payments for that
State fiscal year.
(ii) As used in this subparagraph, "user"
means an individual that received at least 300
units of assertive community treatment services
during the base year.
(C) The base year for directed payments under this
Section shall be calendar year 2019 for State Fiscal
Year 2023 and State Fiscal Year 2024. For the State
fiscal year beginning on July 1, 2024, and for every
State fiscal year thereafter, the base year shall be
the calendar year that ended 18 months prior to the
start of the State fiscal year in which payments are
made.
(b) Subject to federal approval, a one-time directed
payment must be made in calendar year 2023 for community
mental health services provided by community mental health
providers. The one-time directed payment shall be for an
amount appropriated for these purposes. The one-time directed
payment shall be for services for Integrated Assessment and
Treatment Planning and other intensive services, including,
but not limited to, services for Mobile Crisis Response,
crisis intervention, and medication monitoring. The amounts
and services used for designing and distributing these
one-time directed payments shall not be construed to require

SB2437 - 1514 - LRB103 26700 AMC 53063 b
any future rate or funding increases for the same or other
mental health services.
(Source: P.A. 102-699, eff. 4-19-22; 102-1118, eff. 1-18-23;
revised 1-23-23.)
Section 550. The Abused and Neglected Child Reporting Act
is amended by changing Section 4 as follows:
(325 ILCS 5/4)
Sec. 4. Persons required to report; privileged
communications; transmitting false report.
(a) The following persons are required to immediately
report to the Department when they have reasonable cause to
believe that a child known to them in their professional or
official capacities may be an abused child or a neglected
child:
(1) Medical personnel, including any: physician
licensed to practice medicine in any of its branches
(medical doctor or doctor of osteopathy); resident;
intern; medical administrator or personnel engaged in the
examination, care, and treatment of persons; psychiatrist;
surgeon; dentist; dental hygienist; chiropractic
physician; podiatric physician; physician assistant;
emergency medical technician; physical therapist; physical
therapy assistant; occupational therapist; occupational
therapy assistant; acupuncturist; registered nurse;

SB2437 - 1515 - LRB103 26700 AMC 53063 b
licensed practical nurse; advanced practice registered
nurse; genetic counselor; respiratory care practitioner;
home health aide; or certified nursing assistant.
(2) Social services and mental health personnel,
including any: licensed professional counselor; licensed
clinical professional counselor; licensed social worker;
licensed clinical social worker; licensed psychologist or
assistant working under the direct supervision of a
psychologist; associate licensed marriage and family
therapist; licensed marriage and family therapist; field
personnel of the Departments of Healthcare and Family
Services, Public Health, Human Services, Human Rights, or
Children and Family Services; supervisor or administrator
of the General Assistance program established under
Article VI of the Illinois Public Aid Code; social
services administrator; or substance abuse treatment
personnel.
(3) Crisis intervention personnel, including any:
crisis line or hotline personnel; or domestic violence
program personnel.
(4) Education personnel, including any: school
personnel (including administrators and certified and
non-certified school employees); personnel of institutions
of higher education; educational advocate assigned to a
child in accordance with the School Code; member of a
school board or the Chicago Board of Education or the

SB2437 - 1516 - LRB103 26700 AMC 53063 b
governing body of a private school (but only to the extent
required under subsection (d)); or truant officer.
(5) Recreation or athletic program or facility
personnel; or an athletic trainer.
(6) Child care personnel, including any: early
intervention provider as defined in the Early Intervention
Services System Act; director or staff assistant of a
nursery school or a child day care center; or foster
parent, homemaker, or child care worker.
(7) Law enforcement personnel, including any: law
enforcement officer; field personnel of the Department of
Juvenile Justice; field personnel of the Department of
Corrections; probation officer; or animal control officer
or field investigator of the Department of Agriculture's
Bureau of Animal Health and Welfare.
(8) Any funeral home director; funeral home director
and embalmer; funeral home employee; coroner; or medical
examiner.
(9) Any member of the clergy.
(10) Any physician, physician assistant, registered
nurse, licensed practical nurse, medical technician,
certified nursing assistant, licensed social worker,
licensed clinical social worker, or licensed professional
counselor of any office, clinic, licensed behavior
analyst, licensed assistant behavior analyst, or any other
physical location that provides abortions, abortion

SB2437 - 1517 - LRB103 26700 AMC 53063 b
referrals, or contraceptives.
(b) When 2 or more persons who work within the same
workplace and are required to report under this Act share a
reasonable cause to believe that a child may be an abused or
neglected child, one of those reporters may be designated to
make a single report. The report shall include the names and
contact information for the other mandated reporters sharing
the reasonable cause to believe that a child may be an abused
or neglected child. The designated reporter must provide
written confirmation of the report to those mandated reporters
within 48 hours. If confirmation is not provided, those
mandated reporters are individually responsible for
immediately ensuring a report is made. Nothing in this Section
precludes or may be used to preclude any person from reporting
child abuse or child neglect.
(c)(1) As used in this Section, "a child known to them in
their professional or official capacities" means:
(A) the mandated reporter comes into contact with the
child in the course of the reporter's employment or
practice of a profession, or through a regularly scheduled
program, activity, or service;
(B) the mandated reporter is affiliated with an
agency, institution, organization, school, school
district, regularly established church or religious
organization, or other entity that is directly responsible
for the care, supervision, guidance, or training of the

SB2437 - 1518 - LRB103 26700 AMC 53063 b
child; or
(C) a person makes a specific disclosure to the
mandated reporter that an identifiable child is the victim
of child abuse or child neglect, and the disclosure
happens while the mandated reporter is engaged in his or
her employment or practice of a profession, or in a
regularly scheduled program, activity, or service.
(2) Nothing in this Section requires a child to come
before the mandated reporter in order for the reporter to make
a report of suspected child abuse or child neglect.
(d) If an allegation is raised to a school board member
during the course of an open or closed school board meeting
that a child who is enrolled in the school district of which he
or she is a board member is an abused child as defined in
Section 3 of this Act, the member shall direct or cause the
school board to direct the superintendent of the school
district or other equivalent school administrator to comply
with the requirements of this Act concerning the reporting of
child abuse. For purposes of this paragraph, a school board
member is granted the authority in his or her individual
capacity to direct the superintendent of the school district
or other equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a

SB2437 - 1519 - LRB103 26700 AMC 53063 b
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school
district, the general superintendent of the school district to
which the request is being made must disclose to the
requesting school district the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not
been informed by the Department that the allegations were
unfounded. An employee of a school district who is or has been
the subject of a report made pursuant to this Act during his or
her employment with the school district must be informed by
that school district that if he or she applies for employment
with another school district, the general superintendent of
the former school district, upon the request of the school
district to which the employee applies, shall notify that

SB2437 - 1520 - LRB103 26700 AMC 53063 b
requesting school district that the employee is or was the
subject of such a report.
(e) Whenever such person is required to report under this
Act in his capacity as a member of the staff of a medical or
other public or private institution, school, facility or
agency, or as a member of the clergy, he shall make report
immediately to the Department in accordance with the
provisions of this Act and may also notify the person in charge
of such institution, school, facility or agency, or church,
synagogue, temple, mosque, or other religious institution, or
his designated agent that such report has been made. Under no
circumstances shall any person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated
agent to whom such notification has been made, exercise any
control, restraint, modification or other change in the report
or the forwarding of such report to the Department.
(f) In addition to the persons required to report
suspected cases of child abuse or child neglect under this
Section, any other person may make a report if such person has
reasonable cause to believe a child may be an abused child or a
neglected child.
(g) The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for

SB2437 - 1521 - LRB103 26700 AMC 53063 b
failure to report as required by this Act or constitute
grounds for failure to share information or documents with the
Department during the course of a child abuse or neglect
investigation. If requested by the professional, the
Department shall confirm in writing that the information or
documents disclosed by the professional were gathered in the
course of a child abuse or neglect investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and his or her client or to confidential information within
the meaning of Rule 1.6 of the Illinois Rules of Professional
Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
(h) Any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her

SB2437 - 1522 - LRB103 26700 AMC 53063 b
professional or official capacity may be an abused child or a
neglected child.
(i) Any person who enters into employment on and after
July 1, 1986 and is mandated by virtue of that employment to
report under this Act, shall sign a statement on a form
prescribed by the Department, to the effect that the employee
has knowledge and understanding of the reporting requirements
of this Act. On and after January 1, 2019, the statement shall
also include information about available mandated reporter
training provided by the Department. The statement shall be
signed prior to commencement of the employment. The signed
statement shall be retained by the employer. The cost of
printing, distribution, and filing of the statement shall be
borne by the employer.
(j) Persons required to report child abuse or child
neglect as provided under this Section must complete an
initial mandated reporter training, including a section on
implicit bias, within 3 months of their date of engagement in a
professional or official capacity as a mandated reporter, or
within the time frame of any other applicable State law that
governs training requirements for a specific profession, and
at least every 3 years thereafter. The initial requirement
only applies to the first time they engage in their
professional or official capacity. In lieu of training every 3
years, medical personnel, as listed in paragraph (1) of
subsection (a), must meet the requirements described in

SB2437 - 1523 - LRB103 26700 AMC 53063 b
subsection (k).
The mandated reporter trainings shall be in-person or
web-based, and shall include, at a minimum, information on the
following topics: (i) indicators for recognizing child abuse
and child neglect, as defined under this Act; (ii) the process
for reporting suspected child abuse and child neglect in
Illinois as required by this Act and the required
documentation; (iii) responding to a child in a
trauma-informed manner; and (iv) understanding the response of
child protective services and the role of the reporter after a
call has been made. Child-serving organizations are encouraged
to provide in-person annual trainings.
The implicit bias section shall be in-person or web-based,
and shall include, at a minimum, information on the following
topics: (i) implicit bias and (ii) racial and ethnic
sensitivity. As used in this subsection, "implicit bias" means
the attitudes or internalized stereotypes that affect people's
perceptions, actions, and decisions in an unconscious manner
and that exist and often contribute to unequal treatment of
people based on race, ethnicity, gender identity, sexual
orientation, age, disability, and other characteristics. The
implicit bias section shall provide tools to adjust automatic
patterns of thinking and ultimately eliminate discriminatory
behaviors. During these trainings mandated reporters shall
complete the following: (1) a pretest to assess baseline
implicit bias levels; (2) an implicit bias training task; and

SB2437 - 1524 - LRB103 26700 AMC 53063 b
(3) a posttest to reevaluate bias levels after training. The
implicit bias curriculum for mandated reporters shall be
developed within one year after January 1, 2022 (the effective
date of Public Act 102-604) this amendatory Act of the 102nd
General Assembly and shall be created in consultation with
organizations demonstrating expertise and or experience in the
areas of implicit bias, youth and adolescent developmental
issues, prevention of child abuse, exploitation, and neglect,
culturally diverse family systems, and the child welfare
system.
The mandated reporter training, including a section on
implicit bias, shall be provided through the Department,
through an entity authorized to provide continuing education
for professionals licensed through the Department of Financial
and Professional Regulation, the State Board of Education, the
Illinois Law Enforcement Training Standards Board, or the
Illinois Department of State Police, or through an
organization approved by the Department to provide mandated
reporter training, including a section on implicit bias. The
Department must make available a free web-based training for
reporters.
Each mandated reporter shall report to his or her employer
and, when applicable, to his or her licensing or certification
board that he or she received the mandated reporter training.
The mandated reporter shall maintain records of completion.
Beginning January 1, 2021, if a mandated reporter receives

SB2437 - 1525 - LRB103 26700 AMC 53063 b
licensure from the Department of Financial and Professional
Regulation or the State Board of Education, and his or her
profession has continuing education requirements, the training
mandated under this Section shall count toward meeting the
licensee's required continuing education hours.
(k)(1) Medical personnel, as listed in paragraph (1) of
subsection (a), who work with children in their professional
or official capacity, must complete mandated reporter training
at least every 6 years. Such medical personnel, if licensed,
must attest at each time of licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made.
(2) In lieu of repeated training, medical personnel, as
listed in paragraph (1) of subsection (a), who do not work with
children in their professional or official capacity, may
instead attest each time at licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made. Nothing in this paragraph precludes

SB2437 - 1526 - LRB103 26700 AMC 53063 b
medical personnel from completing mandated reporter training
and receiving continuing education credits for that training.
(l) The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
(m) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of
2012. A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the
purpose of protecting or insulating any person or entity from
arrest or prosecution, the person is guilty of a Class 4 felony
for a first offense and a Class 3 felony for a second or
subsequent offense (regardless of whether the second or
subsequent offense involves any of the same facts or persons
as the first or other prior offense).
(n) A child whose parent, guardian or custodian in good
faith selects and depends upon spiritual means through prayer

SB2437 - 1527 - LRB103 26700 AMC 53063 b
alone for the treatment or cure of disease or remedial care may
be considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
(o) A child shall not be considered neglected or abused
solely because the child is not attending school in accordance
with the requirements of Article 26 of the School Code, as
amended.
(p) Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or
neglected in violation of the Humane Care for Animals Act from
reporting animal abuse or neglect to the Department of
Agriculture's Bureau of Animal Health and Welfare.
(q) A home rule unit may not regulate the reporting of
child abuse or neglect in a manner inconsistent with the
provisions of this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(r) 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. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22;
102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised 2-5-23.)
Section 555. The Service Member Employment and

SB2437 - 1528 - LRB103 26700 AMC 53063 b
Reemployment Rights Act is amended by changing Section 1-10 as
follows:
(330 ILCS 61/1-10)
Sec. 1-10. Definitions. As used in this Act:
"Accrue" means to accumulate in regular or increasing
amounts over time subject to customary allocation of cost.
"Active duty" means any full-time military service
regardless of length or voluntariness including, but not
limited to, annual training, full-time National Guard duty,
and State active duty. "Active duty" does not include any form
of inactive duty service such as drill duty or muster duty.
"Active duty", unless provided otherwise, includes active duty
without pay.
"Active service" means all forms of active and inactive
duty regardless of voluntariness including, but not limited
to, annual training, active duty for training, initial active
duty training, overseas training duty, full-time National
Guard duty, active duty other than training, State active
duty, mobilizations, and muster duty. "Active service", unless
provided otherwise, includes active service without pay.
"Active service" includes:
(1) Reserve component voluntary active service means
service under one of the following authorities:
(A) any duty under 32 U.S.C. 502(f)(1)(B);
(B) active guard reserve duty, operational

SB2437 - 1529 - LRB103 26700 AMC 53063 b
support, or additional duty under 10 U.S.C. 12301(d)
or 32 U.S.C. 502(f)(1)(B);
(C) funeral honors under 10 U.S.C. 12503 or 32
U.S.C. 115;
(D) duty at the National Guard Bureau under 10
U.S.C. 12402;
(E) unsatisfactory participation under 10 U.S.C.
10148 or 10 U.S.C. 12303;
(F) discipline under 10 U.S.C. 802(d);
(G) extended active duty under 10 U.S.C. 12311;
and
(H) reserve program administrator under 10 U.S.C.
10211.
(2) Reserve component involuntary active service
includes, but is not limited to, service under one of the
following authorities:
(A) annual training or drill requirements under 10
U.S.C. 10147, 10 U.S.C. 12301(b), or 32 U.S.C.
502(a); .
(B) additional training duty or other duty under
32 U.S.C. 502(f)(1)(A);
(C) pre-planned or pre-programmed combatant
commander support under 10 U.S.C. 12304b;
(D) mobilization under 10 U.S.C. 12301(a) or 10
U.S.C. 12302;
(E) presidential reserve call-up under 10 U.S.C.

SB2437 - 1530 - LRB103 26700 AMC 53063 b
12304;
(F) emergencies and natural disasters under 10
U.S.C. 12304a or 14 U.S.C. 712;
(G) muster duty under 10 U.S.C. 12319;
(H) retiree recall under 10 U.S.C. 688;
(I) captive status under 10 U.S.C. 12301(g);
(J) insurrection under 10 U.S.C. 331, 10 U.S.C.
332, or 10 U.S.C. 12406;
(K) pending line of duty determination for
response to sexual assault under 10 U.S.C. 12323; and
(L) initial active duty for training under 10
U.S.C. 671.
Reserve component active service not listed in paragraph
(1) or (2) shall be considered involuntary active service
under paragraph (2).
"Active service without pay" means active service
performed under any authority in which base pay is not
received regardless of other allowances.
"Annual training" means any active duty performed under
Section 10147 or 12301(b) of Title 10 of the United States Code
or under Section 502(a) of Title 32 of the United States Code.
"Base pay" means the main component of military pay,
whether active or inactive, based on rank and time in service.
It does not include the addition of conditional funds for
specific purposes such as allowances, incentive and special
pay. Base pay, also known as basic pay, can be determined by

SB2437 - 1531 - LRB103 26700 AMC 53063 b
referencing the appropriate military pay chart covering the
time period in question located on the federal Defense Finance
and Accounting Services website or as reflected on a federal
Military Leave and Earnings Statement.
"Benefits" includes, but is not limited to, the terms,
conditions, or privileges of employment, including any
advantage, profit, privilege, gain, status, account, or
interest, including wages or salary for work performed, that
accrues by reason of an employment contract or agreement or an
employer policy, plan, or practice and includes rights and
benefits under a pension plan, a health plan, an employee
stock ownership plan, insurance coverage and awards, bonuses,
severance pay, supplemental unemployment benefits, vacations,
and the opportunity to select work hours or location of
employment.
"Differential compensation" means pay due when the
employee's daily rate of compensation for military service is
less than his or her daily rate of compensation as a public
employee.
"Employee" means anyone employed by an employer.
"Employee" includes any person who is a citizen, national, or
permanent resident of the United States employed in a
workplace that the State has legal authority to regulate
business and employment. "Employee" does not include an
independent contractor.
"Employer" means any person, institution, organization, or

SB2437 - 1532 - LRB103 26700 AMC 53063 b
other entity that pays salary or wages for work performed or
that has control over employment opportunities, including:
(1) a person, institution, organization, or other
entity to whom the employer has delegated the performance
of employment-related responsibilities;
(2) an employer of a public employee;
(3) any successor in interest to a person,
institution, organization, or other entity referred to
under this definition; and
(4) a person, institution, organization, or other
entity that has been denied initial employment in
violation of Section 5-15.
"Inactive duty" means inactive duty training, including
drills, consisting of regularly scheduled unit training
assemblies, additional training assemblies, periods of
appropriate duty or equivalent training, and any special
additional duties authorized for reserve component personnel
by appropriate military authority. "Inactive duty" does not
include active duty.
"Military leave" means a furlough or leave of absence
while performing active service. It cannot be substituted for
accrued vacation, annual, or similar leave with pay except at
the sole discretion of the service member employee. It is not a
benefit of employment that is requested but a legal
requirement upon receiving notice of pending military service.
"Military service" means:

SB2437 - 1533 - LRB103 26700 AMC 53063 b
(1) Service in the Armed Forces of the United States,
the National Guard of any state or territory regardless of
status, and the State Guard as defined in the State Guard
Act. "Military service", whether active or reserve,
includes service under the authority of U.S.C. Titles 10,
14, or 32, or State active duty.
(2) Service in a federally recognized auxiliary of the
United States Armed Forces when performing official duties
in support of military or civilian authorities as a result
of an emergency.
(3) A period for which an employee is absent from a
position of employment for the purpose of medical or
dental treatment for a condition, illness, or injury
sustained or aggravated during a period of active service
in which treatment is paid by the United States Department
of Defense Military Health System.
"Public employee" means any person classified as a
full-time employee of the State of Illinois, a unit of local
government, a public institution of higher education as
defined in Section 1 of the Board of Higher Education Act, or a
school district, other than an independent contractor.
"Reserve component" means the reserve components of
Illinois and the United States Armed Forces regardless of
status.
"Service member" means any person who is a member of a
military service.

SB2437 - 1534 - LRB103 26700 AMC 53063 b
"State active duty" means full-time State-funded military
duty under the command and control of the Governor and subject
to the Military Code of Illinois.
"Unit of local government" means any city, village, town,
county, or special district.
(Source: P.A. 102-1030, eff. 5-27-22; revised 8-22-22.)
Section 560. The Community Mental Health Act is amended by
changing Section 5 as follows:
(405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
Sec. 5. (a) When the governing body of a governmental unit
passes a resolution as provided in Section 4 asking that an
annual tax may be levied for the purpose of providing such
mental health facilities and services, including facilities
and services for the person with a developmental disability or
a substance use disorder, in the community and so instructs
the clerk of the governmental unit such clerk shall certify
the proposition to the proper election officials for
submission at a regular election in accordance with the
general election law. The proposition shall be in the
following form:
-------------------------------------------------------------
Shall............ (governmental
unit) levy an annual tax of (not YES
more than .15%) for the purpose of providing

SB2437 - 1535 - LRB103 26700 AMC 53063 b
community mental health facilities and ---------------
services including facilities and services
for persons the person with a developmental NO
disability or a substance use disorder?
-------------------------------------------------------------
(a-5) If the governmental unit is also subject to the
Property Tax Extension Limitation Law, then the proposition
shall also comply with the Property Tax Extension Limitation
Law. Notwithstanding any provision of this subsection, any
referendum imposing an annual tax on or after January 1, 1994
and prior to May 13, 2022 (the effective date of Public Act
102-839) this amendatory Act of the 102nd General Assembly
that complies with subsection (a) is hereby validated.
(b) If a majority of all the votes cast upon the
proposition are for the levy of such tax, the governing body of
such governmental unit shall thereafter annually levy a tax
not to exceed the rate set forth in Section 4. Thereafter, the
governing body shall in the annual appropriation bill
appropriate from such funds such sum or sums of money as may be
deemed necessary, based upon the community mental health
board's budget, the board's annual mental health report, and
the local mental health plan to defray necessary expenses and
liabilities in providing for such community mental health
facilities and services.
(c) If the governing body of a governmental unit levies a
tax under Section 4 of this Act and the rate specified in the

SB2437 - 1536 - LRB103 26700 AMC 53063 b
proposition under subsection (a) of this Section is less than
0.15%, then the governing body of the governmental unit may,
upon referendum approval, increase that rate to not more than
0.15%. The governing body shall instruct the clerk of the
governmental unit to certify the proposition to the proper
election officials for submission at a regular election in
accordance with the general election law. The proposition
shall be in the following form:
"Shall the tax imposed by (governmental unit) for the
purpose of providing community mental health facilities
and services, including facilities and services for
persons with a developmental disability or substance use
disorder be increased to (not more than 0.15%)?"
If a majority of all the votes cast upon the proposition
are for the increase of the tax, then the governing body of the
governmental unit may thereafter annually levy a tax not to
exceed the rate set forth in the referendum question.
(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
revised 8-25-22.)
Section 565. The Children's Mental Health Act is amended
by changing Section 5 as follows:
(405 ILCS 49/5)
Sec. 5. Children's Mental Health Partnership; Children's
Mental Health Plan.

SB2437 - 1537 - LRB103 26700 AMC 53063 b
(a) The Children's Mental Health Partnership (hereafter
referred to as "the Partnership") created under Public Act
93-495 and continued under Public Act 102-899 this amendatory
Act of the 102nd General Assembly shall advise State agencies
on designing and implementing short-term and long-term
strategies to provide comprehensive and coordinated services
for children from birth to age 25 and their families with the
goal of addressing children's mental health needs across a
full continuum of care, including social determinants of
health, prevention, early identification, and treatment. The
recommended strategies shall build upon the recommendations in
the Children's Mental Health Plan of 2022 and may include, but
are not limited to, recommendations regarding the following:
(1) Increasing public awareness on issues connected to
children's mental health and wellness to decrease stigma,
promote acceptance, and strengthen the ability of
children, families, and communities to access supports.
(2) Coordination of programs, services, and policies
across child-serving State agencies to best monitor and
assess spending, as well as foster innovation of adaptive
or new practices.
(3) Funding and resources for children's mental health
prevention, early identification, and treatment across
child-serving State agencies.
(4) Facilitation of research on best practices and
model programs and dissemination of this information to

SB2437 - 1538 - LRB103 26700 AMC 53063 b
State policymakers, practitioners, and the general public.
(5) Monitoring programs, services, and policies
addressing children's mental health and wellness.
(6) Growing, retaining, diversifying, and supporting
the child-serving workforce, with special emphasis on
professional development around child and family mental
health and wellness services.
(7) Supporting the design, implementation, and
evaluation of a quality-driven children's mental health
system of care across all child services that prevents
mental health concerns and mitigates trauma.
(8) Improving the system to more effectively meet the
emergency and residential placement needs for all children
with severe mental and behavioral challenges.
(b) The Partnership shall have the responsibility of
developing and updating the Children's Mental Health Plan and
advising the relevant State agencies on implementation of the
Plan. The Children's Mental Health Partnership shall be
comprised of the following members:
(1) The Governor or his or her designee.
(2) The Attorney General or his or her designee.
(3) The Secretary of the Department of Human Services
or his or her designee.
(4) The State Superintendent of Education or his or
her designee.
(5) The Director of the Department of Children and

SB2437 - 1539 - LRB103 26700 AMC 53063 b
Family Services or his or her designee.
(6) The Director of the Department of Healthcare and
Family Services or his or her designee.
(7) The Director of the Department of Public Health or
his or her designee.
(8) The Director of the Department of Juvenile Justice
or his or her designee.
(9) The Executive Director of the Governor's Office of
Early Childhood Development or his or her designee.
(10) The Director of the Criminal Justice Information
Authority or his or her designee.
(11) One member of the General Assembly appointed by
the Speaker of the House.
(12) One member of the General Assembly appointed by
the President of the Senate.
(13) One member of the General Assembly appointed by
the Minority Leader of the Senate.
(14) One member of the General Assembly appointed by
the Minority Leader of the House.
(15) Up to 25 representatives from the public
reflecting a diversity of age, gender identity, race,
ethnicity, socioeconomic status, and geographic location,
to be appointed by the Governor. Those public members
appointed under this paragraph must include, but are not
limited to:
(A) a family member or individual with lived

SB2437 - 1540 - LRB103 26700 AMC 53063 b
experience in the children's mental health system;
(B) a child advocate;
(C) a community mental health expert,
practitioner, or provider;
(D) a representative of a statewide association
representing a majority of hospitals in the State;
(E) an early childhood expert or practitioner;
(F) a representative from the K-12 school system;
(G) a representative from the healthcare sector;
(H) a substance use prevention expert or
practitioner, or a representative of a statewide
association representing community-based mental health
substance use disorder treatment providers in the
State;
(I) a violence prevention expert or practitioner;
(J) a representative from the juvenile justice
system;
(K) a school social worker; and
(L) a representative of a statewide organization
representing pediatricians.
(16) Two co-chairs appointed by the Governor, one
being a representative from the public and one being a
representative from the State.
The members appointed by the Governor shall be appointed
for 4 years with one opportunity for reappointment, except as
otherwise provided for in this subsection. Members who were

SB2437 - 1541 - LRB103 26700 AMC 53063 b
appointed by the Governor and are serving on January 1, 2023
(the effective date of Public Act 102-899) this amendatory Act
of the 102nd General Assembly shall maintain their appointment
until the term of their appointment has expired. For new
appointments made pursuant to Public Act 102-899 this
amendatory Act of the 102nd General Assembly, members shall be
appointed for one-year, 2-year two-year, or 4-year four-year
terms, as determined by the Governor, with no more than 9 of
the Governor's new or existing appointees serving the same
term. Those new appointments serving a one-year or 2-year term
may be appointed to 2 additional 4-year terms. If a vacancy
occurs in the Partnership membership, the vacancy shall be
filled in the same manner as the original appointment for the
remainder of the term.
The Partnership shall be convened no later than January
31, 2023 to discuss the changes in Public Act 102-899 this
amendatory Act of the 102nd General Assembly.
The members of the Partnership shall serve without
compensation but may be entitled to reimbursement for all
necessary expenses incurred in the performance of their
official duties as members of the Partnership from funds
appropriated for that purpose.
The Partnership may convene and appoint special committees
or study groups to operate under the direction of the
Partnership. Persons appointed to such special committees or
study groups shall only receive reimbursement for reasonable

SB2437 - 1542 - LRB103 26700 AMC 53063 b
expenses.
(b-5) The Partnership shall include an adjunct council
comprised of no more than 6 youth aged 14 to 25 and 4
representatives of 4 different community-based community based
organizations that focus on youth mental health. Of the
community-based organizations that focus on youth mental
health, one of the community-based organizations shall be led
by an LGBTQ-identified person, one of the community-based
organizations shall be led by a person of color, and one of the
community-based organizations shall be led by a woman. Of the
representatives appointed to the council from the
community-based organizations, at least one representative
shall be LGBTQ-identified, at least one representative shall
be a person of color, and at least one representative shall be
a woman. The council members shall be appointed by the Chair of
the Partnership and shall reflect the racial, gender identity,
sexual orientation, ability, socioeconomic, ethnic, and
geographic diversity of the State, including rural, suburban,
and urban appointees. The council shall make recommendations
to the Partnership regarding youth mental health, including,
but not limited to, identifying barriers to youth feeling
supported by and empowered by the system of mental health and
treatment providers, barriers perceived by youth in accessing
mental health services, gaps in the mental health system,
available resources in schools, including youth's perceptions
and experiences with outreach personnel, agency websites, and

SB2437 - 1543 - LRB103 26700 AMC 53063 b
informational materials, methods to destigmatize mental health
services, and how to improve State policy concerning student
mental health. The mental health system may include services
for substance use disorders and addiction. The council shall
meet at least 4 times annually.
(c) (Blank).
(d) The Illinois Children's Mental Health Partnership has
the following powers and duties:
(1) Conducting research assessments to determine the
needs and gaps of programs, services, and policies that
touch children's mental health.
(2) Developing policy statements for interagency
cooperation to cover all aspects of mental health
delivery, including social determinants of health,
prevention, early identification, and treatment.
(3) Recommending policies and providing provide
information on effective programs for delivery of mental
health services.
(4) Using funding from federal, State state, or
philanthropic partners, to fund pilot programs or research
activities to resource innovative practices by
organizational partners that will address children's
mental health. However, the Partnership may not provide
direct services.
(5) Submitting an annual report, on or before December
30 of each year, to the Governor and the General Assembly

SB2437 - 1544 - LRB103 26700 AMC 53063 b
on the progress of the Plan, any recommendations regarding
State policies, laws, or rules necessary to fulfill the
purposes of the Act, and any additional recommendations
regarding mental or behavioral health that the Partnership
deems necessary.
(6) Employing an Executive Director and setting the
compensation of the Executive Director and other such
employees and technical assistance as it deems necessary
to carry out its duties under this Section.
The Partnership may designate a fiscal and administrative
agent that can accept funds to carry out its duties as outlined
in this Section.
The Department of Healthcare and Family Services shall
provide technical and administrative support for the
Partnership.
(e) The Partnership may accept monetary gifts or grants
from the federal government or any agency thereof, from any
charitable foundation or professional association, or from any
reputable source for implementation of any program necessary
or desirable to carry out the powers and duties as defined
under this Section.
(f) On or before January 1, 2027, the Partnership shall
submit recommendations to the Governor and General Assembly
that includes recommended updates to the Act to reflect the
current mental health landscape in this State.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21;

SB2437 - 1545 - LRB103 26700 AMC 53063 b
102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; revised
12-14-22.)
Section 570. The Mental Health Inpatient Facility Access
Act is amended by changing Section 10 as follows:
(405 ILCS 140/10)
Sec. 10. Strategic plan on improving access to inpatient
psychiatric beds. The Department of Human Services' Division
of Mental Health shall develop a written, strategic plan that
comprehensively addresses improving access to inpatient
psychiatric beds in State-operated mental health facilities
for individuals needing a hospital level of care. This plan
shall address achieving the best use of State-operated
psychiatric beds across Illinois, with strategies specifically
to mitigate inefficient use of forensic beds and reduce
lengths of stays for the forensic population. A comprehensive
approach to this plan shall include training and education,
ongoing assessment of individuals receiving inpatient
services, reviewing and updating policies and procedures, and
increasing community-based capacity for individuals in all
State-operated forensic beds. The plan shall include:
(1) Annual training. Required annual training for all
State-operated inpatient mental health facility clinicians
shall include:
(A) Best practices for evaluating whether

SB2437 - 1546 - LRB103 26700 AMC 53063 b
individuals found not guilty by reason of insanity or
unfit to stand trial meet the legal criteria for
inpatient treatment.
(B) Best practices for determining appropriate
treatment for individuals found not guilty by reason
of insanity or unfit to stand trial.
(C) The requirements of treatment plan reports.
(D) The types of mental health services available
following discharge, including, but not limited to:
assertive community treatment, community support
teams, supportive housing, medication management,
psychotherapy, peer support services, specialized
mental health rehabilitation facilities, and nursing
homes.
(2) Regular and periodic assessment of mental health
condition and progress. At least once every year following
the admission of any individual under Section 5-2-4 of the
Unified Code of Corrections or Section 104-17 of the Code
of Criminal Procedure of 1963, the Director of the
Division of Mental Health, or his or her designee, shall
meet with the treatment team assigned to that individual
to review whether:
(A) The individual continues to meet the standard
for inpatient care.
(B) The individual may be appropriate for
unsupervised on-grounds privileges, off-grounds

SB2437 - 1547 - LRB103 26700 AMC 53063 b
privileges (with or without escort by personnel of the
Department of Human Services), home visits, and
participation in work programs.
(C) The current treatment plan is reasonably
expected to result in the improvement of the
individual's clinical condition so that the individual
no longer needs inpatient treatment, and, if not, what
other treatments or placements are available to meet
the individual's needs and safety.
(3) Updated policies and procedures.
(A) Revise facility policies and procedures to
increase opportunities for home visits and work
programs that assist with community reintegration.
This shall include a review of unsupervised on-grounds
privileges, off-grounds privileges (with or without
escort by personnel of the Department of Human
Services), home visits, and participation in work or
educational programs to ensure that policies do not
limit the ability to approve these activities. The
plan shall also address the frequency for which
individuals are assessed to be eligible for these
activities.
(B) Ensure all individuals found unfit to stand
trial or not guilty by reason of insanity, who can be
treated on an outpatient basis are recommended for
outpatient services.

SB2437 - 1548 - LRB103 26700 AMC 53063 b
(C) Develop benchmarks to ensure that:
(i) every individual found unfit to stand
trial or not guilty by reason of insanity who has
been committed by a court to the Department for
treatment shall be admitted to a Department
facility within the time periods set forth in
subsection (b) of Section 104-17 of the Code of
Criminal Procedure of 1963 and subsection (a) of
Section 5-2-4 of Unified Code of Corrections; and
(ii) no individual who needs inpatient
psychiatric care remains in an emergency
department of any hospital or in any other
non-psychiatric unit longer than 48 hours.
(4) Building community treatment capacity.
(A) Specific steps to increase access to
community-based mental health services that provide
(i) outpatient alternatives to those being assessed
for inpatient stays at State-operated inpatient mental
health facilities and (ii) step-down services for
those no longer meeting inpatient stay criteria,
specifically the population of individuals found not
guilty by reason of insanity. Such steps must
specifically identify community-based treatment
alternatives and how these services will be funded.
(B) Specific steps to ensure each State-operated
inpatient mental health facility has sufficient

SB2437 - 1549 - LRB103 26700 AMC 53063 b
qualified psychiatrists, psychologists, social
workers, peer support professionals, and other staff
so that the Department may provide adequate and humane
care and services for all patients. That plan shall
include:
(i) an assessment of whether the salary and
other benefits provided to professional staff are
sufficient to attract and retain staff;
(ii) an assessment of the annual budget needed
to attract and retain staff;
(iii) an assessment of any other impediments
to attracting and retaining staff, and a
mitigation plan for those impediments; and
(iv) a detailed plan for recruiting
psychiatrists, psychologists, social workers, peer
support professionals, and other mental health
staff.
(5) Certification of mental health clinicians. The
Division of Mental Health shall outline in the strategic
plan a plan for training, implementing standard
qualifications, and credentialing all psychiatrists,
clinical social workers, clinical psychologists, and
qualified examiners who conduct any evaluations, as
employees, agents, or vendors of the Division concerning:
(A) findings of unfitness to stand trial and all
other evaluations of individuals receiving treatment

SB2437 - 1550 - LRB103 26700 AMC 53063 b
in accordance with Section 104-10 of the Code of
Criminal Procedure of 1963:
(B) individuals receiving treatment in accordance
with Section 5-2-4 of the Unified Code of Corrections;
(C) whether individuals are subject to involuntary
admission on an inpatient or outpatient basis in
accordance with the Mental Health and Developmental
Disabilities Code; and
(D) whether individuals are subject to
court-ordered treatment in accordance with Section
2-107.1 of the Mental Health and Developmental
Disabilities Code.
Such evaluations shall include any treatment reports
required under the Code of Criminal Procedure of 1963 or
the Mental Health and Developmental Disabilities Code.
(6) There shall be stakeholder input during the
planning process from the Division of Mental Health's
forensic workgroup.
(Source: P.A. 102-913, eff. 5-27-22; revised 8-19-22.)
Section 575. The Ensuring a More Qualified, Competent, and
Diverse Community Behavioral Health Workforce Act is amended
by changing Section 1-5 as follows:
(405 ILCS 145/1-5)
Sec. 1-5. Findings. The General Assembly finds that:

SB2437 - 1551 - LRB103 26700 AMC 53063 b
(1) The behavioral health workforce shortage, already
at dire levels before 2020, has been exacerbated by the
COVID-19 pandemic and is at a crisis point.
(2) Behavioral health workforce shortages,
particularly licensed clinical staff, staff turnover in
all positions, and workforce development are major
concerns in the behavioral health field.
(3) By 2026, unfilled mental healthcare jobs in
Illinois are expected to reach 8,353, according to
Mercer's 2021 External Healthcare Labor Market Analysis.
(4) Community-based Community based mental health
agencies often serve as training or supervision sites for
interns and new entrants to the workforce seeking
supervision hours to meet licensure requirements. These
professionals are mandated to complete up to 3000 hours of
supervised clinical experience. This places financial and
time-resource hardships on these already lean
organizations to provide the supervision.
(5) Many new mental health clinicians have to pay an
estimated $10,000-$30,000 in fees for supervision
according to Motivo. The amount is unaffordable for many
students, particularly lower-income students, who graduate
with tens of thousands of dollars in debt.
(6) Community mental health agencies frequently serve
the most complex and chronically ill behavioral health
clients, which can be a challenging population for new

SB2437 - 1552 - LRB103 26700 AMC 53063 b
entrants to the workforce. Many times, professionals leave
for better-paid opportunities with lower acuity patients
after completing their facility-sponsored supervision
requirements.
(7) The lack of compensation for serving as a training
or supervision site and staff turnover adversely impact
the ability of agencies to better prepare the workforce
and meet the needs of their behavioral health clients.
(8) Recognizing and providing financial support for
this function will help community-based agencies provide
more training or supervision opportunities and may also
assist with recruiting and retaining professionals at
these sites.
(9) Providing financial support for this role would
help to address reductions in standard clinical
productivity as a result of time spent supervising new
workers, enabling better absorption of the costs of high
turnover, or allowing for these settings to staff
appropriately to support training or supervision.
(10) For individuals seeking their licensure,
roadblocks to supervision include cost-prohibitive fees,
difficulty finding supervisors, and an even greater
supervisor shortage in rural areas.
(11) Beyond fulfilling the required hours to get
licensed, clinical supervision has a profound impact on
the trajectory of an individual's career and the lives of

SB2437 - 1553 - LRB103 26700 AMC 53063 b
their clients. Ultimately, effective clinical supervision
helps ensure that clients are competently served.
(12) At a time when behavioral health providers report
crisis level wait lists that force individuals seeking
care to wait for months before they receive care, now more
than ever, we need immediate solutions to help strengthen
our State's behavioral health workforce.
(Source: P.A. 102-1053, eff. 6-10-22; revised 8-19-22.)
Section 580. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 1a-1, 2-1,
5-1, 5.4, 7, 7-1, and 9.5 as follows:
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions.
(a) In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to sexual assault survivors under the age of

SB2437 - 1554 - LRB103 26700 AMC 53063 b
18 who present with a complaint of sexual assault within a
minimum of the last 7 days or who have disclosed past sexual
assault by a specific individual and were in the care of that
individual within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals and approved pediatric
health care facilities in a community or area to be served,
which provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 180 days of the initial

SB2437 - 1555 - LRB103 26700 AMC 53063 b
visit for medical forensic services.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital or

SB2437 - 1556 - LRB103 26700 AMC 53063 b
an approved pediatric health care facility. "Medical forensic
services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical
and anogenital examination, assessing the patient for evidence
collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Illinois State Police using the Illinois State Police Sexual
Assault Evidence Collection Kit, if appropriate, assessing the
patient for drug-facilitated or alcohol-facilitated sexual
assault, providing an evaluation of and care for sexually
transmitted infection and human immunodeficiency virus (HIV),
pregnancy risk evaluation and care, and discharge and
follow-up healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to patients
under the age of 18.
"Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
"Physician" means a person licensed to practice medicine
in all its branches.
"Physician assistant" has the meaning provided in Section

SB2437 - 1557 - LRB103 26700 AMC 53063 b
4 of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under
Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or

SB2437 - 1558 - LRB103 26700 AMC 53063 b
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
"Sexual assault treatment plan" means a written plan that

SB2437 - 1559 - LRB103 26700 AMC 53063 b
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days

SB2437 - 1560 - LRB103 26700 AMC 53063 b
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(b) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.
11-30-21; 102-813, eff. 5-13-22; 102-1097, eff. 1-1-23;
102-1106, eff. 1-1-23; revised 12-19-22.)
(410 ILCS 70/1a-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 1a-1. Definitions.
(a) In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to sexual assault survivors under the age of
18 who present with a complaint of sexual assault within a
minimum of the last 7 days or who have disclosed past sexual

SB2437 - 1561 - LRB103 26700 AMC 53063 b
assault by a specific individual and were in the care of that
individual within a minimum of the last 7 days.
"Approved federally qualified health center" means a
facility as defined in Section 1905(l)(2)(B) of the federal
Social Security Act with a sexual assault treatment plan
approved by the Department to provide medical forensic
services to sexual assault survivors 13 years old or older who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals, approved pediatric
health care facilities, and approved federally qualified
health centers in a community or area to be served, which
provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.

SB2437 - 1562 - LRB103 26700 AMC 53063 b
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Federally qualified health center" means a facility as
defined in Section 1905(l)(2)(B) of the federal Social
Security Act that provides primary care or sexual health
services.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 180 days of the initial
visit for medical forensic services.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06-1.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used

SB2437 - 1563 - LRB103 26700 AMC 53063 b
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital,
approved pediatric health care facility, or an approved
federally qualified health center centers.
"Medical forensic services" includes, but is not limited
to, taking a medical history, performing photo documentation,
performing a physical and anogenital examination, assessing
the patient for evidence collection, collecting evidence in
accordance with a statewide sexual assault evidence collection
program administered by the Illinois Department of State
Police using the Illinois State Police Sexual Assault Evidence
Collection Kit, if appropriate, assessing the patient for
drug-facilitated or alcohol-facilitated sexual assault,
providing an evaluation of and care for sexually transmitted
infection and human immunodeficiency virus (HIV), pregnancy
risk evaluation and care, and discharge and follow-up

SB2437 - 1564 - LRB103 26700 AMC 53063 b
healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to patients
under the age of 18.
"Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
"Physician" means a person licensed to practice medicine
in all its branches.
"Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.

SB2437 - 1565 - LRB103 26700 AMC 53063 b
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under
Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives

SB2437 - 1566 - LRB103 26700 AMC 53063 b
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
"Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors

SB2437 - 1567 - LRB103 26700 AMC 53063 b
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(b) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21; 102-1097, eff. 1-1-23; 102-1106, eff.
1-1-23; revised 12-19-22.)
(410 ILCS 70/2-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 2-1. Hospital, approved pediatric health care
facility, and approved federally qualified health center

SB2437 - 1568 - LRB103 26700 AMC 53063 b
requirements for sexual assault plans.
(a) Every hospital required to be licensed by the
Department pursuant to the Hospital Licensing Act, or operated
under the University of Illinois Hospital Act that provides
general medical and surgical hospital services shall provide
either (i) transfer services to all sexual assault survivors,
(ii) medical forensic services to all sexual assault
survivors, or (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older, in accordance with
rules adopted by the Department.
In addition, every such hospital, regardless of whether or
not a request is made for reimbursement, shall submit to the
Department a plan to provide either (i) transfer services to
all sexual assault survivors, (ii) medical forensic services
to all sexual assault survivors, or (iii) transfer services to
pediatric sexual assault survivors and medical forensic
services to sexual assault survivors 13 years old or older
within the time frame established by the Department. The
Department shall approve such plan for either (i) transfer
services to all sexual assault survivors, (ii) medical
forensic services to all sexual assault survivors, or (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, if it finds that the implementation of the
proposed plan would provide (i) transfer services or (ii)

SB2437 - 1569 - LRB103 26700 AMC 53063 b
medical forensic services for sexual assault survivors in
accordance with the requirements of this Act and provide
sufficient protections from the risk of pregnancy to sexual
assault survivors. Notwithstanding anything to the contrary in
this paragraph, the Department may approve a sexual assault
transfer plan for the provision of medical forensic services
if:
(1) a treatment hospital with approved pediatric
transfer has agreed, as part of an areawide treatment
plan, to accept sexual assault survivors 13 years of age
or older from the proposed transfer hospital, if the
treatment hospital with approved pediatric transfer is
geographically closer to the transfer hospital than a
treatment hospital or another treatment hospital with
approved pediatric transfer and such transfer is not
unduly burdensome on the sexual assault survivor; and
(2) a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault
survivors under 13 years of age from the proposed transfer
hospital and transfer to the treatment hospital would not
unduly burden the sexual assault survivor.
The Department may not approve a sexual assault transfer
plan unless a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault survivors
from the proposed transfer hospital and a transfer to the
treatment hospital would not unduly burden the sexual assault

SB2437 - 1570 - LRB103 26700 AMC 53063 b
survivor.
In counties with a population of less than 1,000,000, the
Department may not approve a sexual assault transfer plan for
a hospital located within a 20-mile radius of a 4-year public
university, not including community colleges, unless there is
a treatment hospital with a sexual assault treatment plan
approved by the Department within a 20-mile radius of the
4-year public university.
A transfer must be in accordance with federal and State
laws and local ordinances.
A treatment hospital with approved pediatric transfer must
submit an areawide treatment plan under Section 3-1 of this
Act that includes a written agreement with a treatment
hospital stating that the treatment hospital will provide
medical forensic services to pediatric sexual assault
survivors transferred from the treatment hospital with
approved pediatric transfer. The areawide treatment plan may
also include an approved pediatric health care facility.
A transfer hospital must submit an areawide treatment plan
under Section 3-1 of this Act that includes a written
agreement with a treatment hospital stating that the treatment
hospital will provide medical forensic services to all sexual
assault survivors transferred from the transfer hospital. The
areawide treatment plan may also include an approved pediatric
health care facility. Notwithstanding anything to the contrary
in this paragraph, the areawide treatment plan may include a

SB2437 - 1571 - LRB103 26700 AMC 53063 b
written agreement with a treatment hospital with approved
pediatric transfer that is geographically closer than other
hospitals providing medical forensic services to sexual
assault survivors 13 years of age or older stating that the
treatment hospital with approved pediatric transfer will
provide medical services to sexual assault survivors 13 years
of age or older who are transferred from the transfer
hospital. If the areawide treatment plan includes a written
agreement with a treatment hospital with approved pediatric
transfer, it must also include a written agreement with a
treatment hospital stating that the treatment hospital will
provide medical forensic services to sexual assault survivors
under 13 years of age who are transferred from the transfer
hospital.
Beginning January 1, 2019, each treatment hospital and
treatment hospital with approved pediatric transfer shall
ensure that emergency department attending physicians,
physician assistants, advanced practice registered nurses, and
registered professional nurses providing clinical services,
who do not meet the definition of a qualified medical provider
in Section 1a-1 of this Act, receive a minimum of 2 hours of
sexual assault training by July 1, 2020 or until the treatment
hospital or treatment hospital with approved pediatric
transfer certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts
with a qualified medical provider in accordance with

SB2437 - 1572 - LRB103 26700 AMC 53063 b
subsection (a-7) of Section 5-1, whichever occurs first.
After July 1, 2020 or once a treatment hospital or a
treatment hospital with approved pediatric transfer certifies
compliance with subsection (a-7) of Section 5-1, whichever
occurs first, each treatment hospital and treatment hospital
with approved pediatric transfer shall ensure that emergency
department attending physicians, physician assistants,
advanced practice registered nurses, and registered
professional nurses providing clinical services, who do not
meet the definition of a qualified medical provider in Section
1a-1 of this Act, receive a minimum of 2 hours of continuing
education on responding to sexual assault survivors every 2
years. Protocols for training shall be included in the
hospital's sexual assault treatment plan.
Sexual assault training provided under this subsection may
be provided in person or online and shall include, but not be
limited to:
(1) information provided on the provision of medical
forensic services;
(2) information on the use of the Illinois Sexual
Assault Evidence Collection Kit;
(3) information on sexual assault epidemiology,
neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Illinois sexual assault-related
laws; and
(4) information on the hospital's sexual

SB2437 - 1573 - LRB103 26700 AMC 53063 b
assault-related policies and procedures.
The online training made available by the Office of the
Attorney General under subsection (b) of Section 10-1 may be
used to comply with this subsection.
(a-5) A hospital must submit a plan to provide either (i)
transfer services to all sexual assault survivors, (ii)
medical forensic services to all sexual assault survivors, or
(iii) transfer services to pediatric sexual assault survivors
and medical forensic services to sexual assault survivors 13
years old or older as required in subsection (a) of this
Section within 60 days of the Department's request. Failure to
submit a plan as described in this subsection shall subject a
hospital to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day until the
hospital submits a plan as described in this subsection. No
fine shall be taken or assessed until January 1, 2024 (12
months after the effective date of Public Act 102-1106) this
amendatory Act of the 102nd General Assembly.
(a-10) Upon receipt of a plan as described in subsection
(a-5), the Department shall notify the hospital whether or not
the plan is acceptable. If the Department determines that the
plan is unacceptable, the hospital must submit a modified plan
within 10 days of service of the notification. If the
Department determines that the modified plan is unacceptable,
or if the hospital fails to submit a modified plan within 10
days, the Department may impose a fine of up to $500 per day

SB2437 - 1574 - LRB103 26700 AMC 53063 b
until an acceptable plan has been submitted, as determined by
the Department. No fine shall be taken or assessed until
January 1, 2024 (12 months after the effective date of Public
Act 102-1106) this amendatory Act of the 102nd General
Assembly.
(b) An approved pediatric health care facility may provide
medical forensic services, in accordance with rules adopted by
the Department, to all sexual assault survivors under the age
of 18 who present for medical forensic services in relation to
injuries or trauma resulting from a sexual assault. These
services shall be provided by a qualified medical provider.
A pediatric health care facility must participate in or
submit an areawide treatment plan under Section 3-1 of this
Act that includes a treatment hospital. If a pediatric health
care facility does not provide certain medical or surgical
services that are provided by hospitals, the areawide sexual
assault treatment plan must include a procedure for ensuring a
sexual assault survivor in need of such medical or surgical
services receives the services at the treatment hospital. The
areawide treatment plan may also include a treatment hospital
with approved pediatric transfer.
The Department shall review a proposed sexual assault
treatment plan submitted by a pediatric health care facility
within 60 days after receipt of the plan. If the Department
finds that the proposed plan meets the minimum requirements
set forth in Section 5-1 of this Act and that implementation of

SB2437 - 1575 - LRB103 26700 AMC 53063 b
the proposed plan would provide medical forensic services for
sexual assault survivors under the age of 18, then the
Department shall approve the plan. If the Department does not
approve a plan, then the Department shall notify the pediatric
health care facility that the proposed plan has not been
approved. The pediatric health care facility shall have 30
days to submit a revised plan. The Department shall review the
revised plan within 30 days after receipt of the plan and
notify the pediatric health care facility whether the revised
plan is approved or rejected. A pediatric health care facility
may not provide medical forensic services to sexual assault
survivors under the age of 18 who present with a complaint of
sexual assault within a minimum of the last 7 days or who have
disclosed past sexual assault by a specific individual and
were in the care of that individual within a minimum of the
last 7 days until the Department has approved a treatment
plan.
If an approved pediatric health care facility is not open
24 hours a day, 7 days a week, it shall post signage at each
public entrance to its facility that:
(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest
hospital emergency department, (insert name) located at
(insert address).";
(3) lists the approved pediatric health care

SB2437 - 1576 - LRB103 26700 AMC 53063 b
facility's hours of operation;
(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if
posted externally, the sign shall be made of
weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
and
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the
sign.
(b-5) An approved federally qualified health center may
provide medical forensic services, in accordance with rules
adopted by the Department, to all sexual assault survivors 13
years old or older who present for medical forensic services
in relation to injuries or trauma resulting from a sexual
assault during the duration, and 90 days thereafter, of a
proclamation issued by the Governor declaring a disaster, or a
successive proclamation regarding the same disaster, in all
102 counties due to a public health emergency. These services
must be available on-site during an approved federally

SB2437 - 1577 - LRB103 26700 AMC 53063 b
qualified health center's hours of operation and shall be
provided by a qualified medical provider. If the treatment
plan is terminated, the federally qualified health center must
submit to the Department for approval, before providing
medical forensic services, a new treatment plan and a list of
qualified medical providers to ensure coverage for the days
and hours of operation.
A federally qualified health center must employ a Sexual
Assault Nurse Examiner Coordinator who is a qualified medical
provider and a Medical Director who is a qualified medical
provider.
A federally qualified health center must participate in or
submit an areawide treatment plan under Section 3-1 of this
Act that includes a treatment hospital. If a federally
qualified health center does not provide certain medical or
surgical services that are provided by hospitals, the areawide
sexual assault treatment plan must include a procedure for
ensuring a sexual assault survivor in need of such medical or
surgical services receives the services at the treatment
hospital. The areawide treatment plan may also include a
treatment hospital with approved pediatric transfer or an
approved pediatric health care facility. An approved federally
qualified health center must report each instance that a
sexual assault survivor is transferred to a treatment
hospital, treatment hospital with approved pediatric transfer,
or an approved pediatric health care facility to the

SB2437 - 1578 - LRB103 26700 AMC 53063 b
Department within 24 hours of the transfer, in a form and
manner prescribed by the Department, including the reason for
the transfer.
The Department shall review a proposed sexual assault
treatment plan submitted by a federally qualified health
center within 14 days after receipt of the plan. The
Department shall approve the proposed sexual assault treatment
plan if it finds that the proposed plan:
(1) meets the minimum requirements set forth in
Section 5-1;
(2) would provide medical forensic services for sexual
assault survivors 13 years old or older on-site during the
approved federally qualified health center's hours of
operation; and
(3) includes an emergency protocol for sexual assault
survivors 13 years old or older to be transferred to a
treatment hospital or treatment hospital with approved
pediatric transfer to receive medical forensic services if
medical forensic services are not available by a qualified
medical provider during the approved federally qualified
health center's hours of operation, as required.
The Department shall not approve sexual assault treatment
plans for more than 6 federally qualified health centers,
which must be located in geographically diverse areas of the
State. If the Department does not approve a plan, then the
Department shall notify the federally qualified health center

SB2437 - 1579 - LRB103 26700 AMC 53063 b
that the proposed plan has not been approved. The federally
qualified health center shall have 14 days to submit a revised
plan. The Department shall review the revised plan within 14
days after receipt of the plan and notify the federally
qualified health center whether the revised plan is approved
or rejected. A federally qualified health center may not (i)
provide medical forensic services to sexual assault survivors
13 years old or older who present with a complaint of sexual
assault within a minimum of the previous 7 days or (ii) who
have disclosed past sexual assault by a specific individual
and were in the care of that individual within a minimum of the
previous 7 days until the Department has approved a treatment
plan.
Each approved federally qualified health center shall
ensure that any physician, physician assistant, advanced
practice registered nurse, or registered professional nurse
who (i) provides clinical services to sexual assault survivors
and (ii) does not meet the definition of a qualified medical
provider under Section 1a-1 receives (A) a minimum of 2 hours
of sexual assault training within 6 months after June 16, 2022
(the effective date of Public Act 102-1097) this amendatory
Act of the 102nd General Assembly or within 6 months after
beginning employment, whichever is later, and (B) a minimum of
2 hours of continuing education on responding to sexual
assault survivors every 2 years. Protocols for training shall
be included in the approved federally qualified health

SB2437 - 1580 - LRB103 26700 AMC 53063 b
center's sexual assault treatment plan. Sexual assault
training provided under this paragraph may be provided in
person or online and shall include, but not be limited to:
(1) information provided on the provision of medical
forensic services;
(2) information on the use of the Illinois Sexual
Assault Evidence Collection Kit;
(3) information on sexual assault epidemiology,
neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Illinois sexual assault-related
laws; and
(4) information on the approved federally qualified
health center's sexual assault-related policies and
procedures.
The online training made available by the Office of the
Attorney General under subsection (b) of Section 10-1 may be
used to comply with the sexual assault training required under
the preceding paragraph.
If an approved federally qualified health center is not
open 24 hours a day, 7 days a week, it shall post signage at
each public entrance to its facility that:
(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest
hospital emergency department, (insert name) located at
(insert address).";

SB2437 - 1581 - LRB103 26700 AMC 53063 b
(3) lists the approved federally qualified health
center's hours of operation;
(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if
posted externally, the sign shall be made of
weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the
sign;
(8) directs those seeking services as follows: "Call
the local rape crisis center for support."; and
(9) includes the name and hotline number, available 24
hours a day, 7 days a week, of the local rape crisis
center.
A copy of the proposed sign must be submitted to the
Department and approved as part of the approved federally
qualified health center's sexual assault treatment plan.
(c) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care

SB2437 - 1582 - LRB103 26700 AMC 53063 b
facility, and approved federally qualified health center must
enter into a memorandum of understanding with a rape crisis
center for medical advocacy services, if these services are
available to the treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, or approved federally qualified health center. With
the consent of the sexual assault survivor, a rape crisis
counselor shall remain in the exam room during the collection
for forensic evidence.
An approved federally qualified health center that has a
memorandum of understanding with a rape crisis center must
notify the rape crisis center immediately if medical forensic
services are not available during the approved federally
qualified health center's hours of operation or if the
approved federally qualified health center's treatment plan is
terminated by the Department.
(d) Every treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center's
sexual assault treatment plan shall include procedures for
complying with mandatory reporting requirements pursuant to
(1) the Abused and Neglected Child Reporting Act; (2) the
Abused and Neglected Long Term Care Facility Residents
Reporting Act; (3) the Adult Protective Services Act; and (iv)
the Criminal Identification Act.
(e) Each treatment hospital, treatment hospital with

SB2437 - 1583 - LRB103 26700 AMC 53063 b
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center shall
submit to the Department every 6 months, in a manner
prescribed by the Department, the following information:
(1) The total number of patients who presented with a
complaint of sexual assault.
(2) The total number of Illinois Sexual Assault
Evidence Collection Kits:
(A) offered to (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors pursuant
to paragraph (1.5) of subsection (a-5) of Section 5-1;
(B) completed for (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors; and
(C) declined by (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors.
This information shall be made available on the
Department's website.
(f) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21; 102-1097, eff. 6-16-22; 102-1106, eff.
1-1-23; revised 12-19-22.)
(410 ILCS 70/5-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 5-1. Minimum requirements for medical forensic
services provided to sexual assault survivors by hospitals,

SB2437 - 1584 - LRB103 26700 AMC 53063 b
approved pediatric health care facilities, and approved
federally qualified health centers.
(a) Every hospital, approved pediatric health care
facility, and approved federally qualified health center
providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
Beginning January 1, 2023, a qualified medical provider
must provide the services set forth in subsection (a-5).
(a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, an approved pediatric health care
facility, or an approved federally qualified health center
shall provide the following services in accordance with
subsection (a):
(1) Appropriate medical forensic services without
delay, in a private, age-appropriate or
developmentally-appropriate space, required to ensure the
health, safety, and welfare of a sexual assault survivor
and which may be used as evidence in a criminal proceeding
against a person accused of the sexual assault, in a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child
Reporting Act.

SB2437 - 1585 - LRB103 26700 AMC 53063 b
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as
part of the patient's electronic medical record.
Records of medical forensic services of sexual assault
survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical
forensic services of sexual assault survivors 18 years of
age or older shall be retained by the hospital for a period
of 20 years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5-1 of this Act
and other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any sexual assault survivor
who presents within a minimum of the last 7 days of the
assault or who has disclosed past sexual assault by a
specific individual and was in the care of that individual
within a minimum of the last 7 days.
(A) Appropriate oral and written information
concerning evidence-based guidelines for the

SB2437 - 1586 - LRB103 26700 AMC 53063 b
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,
the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of sexual assault within a minimum of
96 hours after the sexual assault.
Before January 1, 2023, the information required
under this subparagraph shall be provided in person by
the health care professional providing medical
forensic services directly to the sexual assault
survivor.
On and after January 1, 2023, the information
required under this subparagraph shall be provided in
person by the qualified medical provider providing
medical forensic services directly to the sexual
assault survivor.
The written information provided shall be the
information created in accordance with Section 10-1 of
this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in
accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's

SB2437 - 1587 - LRB103 26700 AMC 53063 b
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate oral and written information
concerning the possibility of infection, sexually
transmitted infection, including an evaluation of the
sexual assault survivor's risk of contracting human
immunodeficiency virus (HIV) from sexual assault, and
pregnancy resulting from sexual assault.
(3) Appropriate oral and written information
concerning accepted medical procedures, laboratory tests,
medication, and possible contraindications of such
medication available for the prevention or treatment of
infection or disease resulting from sexual assault.
(3.5) After a medical evidentiary or physical
examination, access to a shower at no cost, unless
showering facilities are unavailable.
(4) An amount of medication, including HIV
prophylaxis, for treatment at the hospital, approved
pediatric health care facility, or approved federally
qualified health center and after discharge as is deemed
appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and
Prevention guidelines and consistent with the hospital's

SB2437 - 1588 - LRB103 26700 AMC 53063 b
or approved pediatric health care facility's current
approved protocol for sexual assault survivors.
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and
written documentation of physical findings and evidence
beginning July 1, 2019. Photo documentation does not
replace written documentation of the injury.
(6) Written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted infection.
(7) Referral by hospital, approved pediatric health
care facility, or approved federally qualified health
center personnel for appropriate counseling.
(8) Medical advocacy services provided by a rape
crisis counselor whose communications are protected under
Section 8-802.1 of the Code of Civil Procedure, if there
is a memorandum of understanding between the hospital,
approved pediatric health care facility, or approved
federally qualified health center and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during
the medical forensic examination.
(9) Written information regarding services provided by

SB2437 - 1589 - LRB103 26700 AMC 53063 b
a Children's Advocacy Center and rape crisis center, if
applicable.
(10) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital as
defined in Section 5.4, an approved pediatric health care
facility, or an approved federally qualified health center
shall comply with the rules relating to the collection and
tracking of sexual assault evidence adopted by the
Illinois Department of State Police under Section 50 of
the Sexual Assault Evidence Submission Act.
(11) Written information regarding the Illinois State
Police sexual assault evidence tracking system.
(a-7) By January 1, 2023, every hospital with a treatment
plan approved by the Department shall employ or contract with
a qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the treatment hospital or treatment
hospital with approved pediatric transfer. The provision of
medical forensic services by a qualified medical provider
shall not delay the provision of life-saving medical care.
(a-10) Every federally qualified health center with a
treatment plan approved by the Department shall employ or
contract with a qualified medical provider to initiate medical
forensic services to a sexual assault survivor within 90
minutes of the patient presenting to the federally qualified
health center. The provision of medical forensic services by a

SB2437 - 1590 - LRB103 26700 AMC 53063 b
qualified medical provider shall not delay the provision of
life-saving medical care.
(b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Health Care Services Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
(b-5) Every hospital, approved pediatric health care
facility, or approved federally qualified health center
providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section
5.2-1 of this Act. The hospital, approved pediatric health
care facility, or approved federally qualified health center
shall make a copy of the voucher and place it in the medical
record of the sexual assault survivor. The hospital, approved
pediatric health care facility, or approved federally
qualified health center shall provide a copy of the voucher to
the sexual assault survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital,
or approved pediatric health care facility, or approved
federally qualified health center.

SB2437 - 1591 - LRB103 26700 AMC 53063 b
(d) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21; 102-1097, eff. 6-16-22; 102-1106, eff.
1-1-23; revised 12-19-22.)
(410 ILCS 70/5.4)
Sec. 5.4. Out-of-state hospitals.
(a) Nothing in this Section shall prohibit the transfer of
a patient in need of medical services from a hospital that has
been designated as a trauma center by the Department in
accordance with Section 3.90 of the Emergency Medical Services
(EMS) Systems Act.
(b) A transfer hospital, treatment hospital with approved
pediatric transfer, or approved pediatric health care facility
may transfer a sexual assault survivor to an out-of-state
hospital that is located in a county that borders Illinois if
the out-of-state hospital: (1) submits an areawide treatment
plan approved by the Department; and (2) has certified the
following to the Department in a form and manner prescribed by
the Department that the out-of-state hospital will:
(i) consent to the jurisdiction of the Department in
accordance with Section 2.06 of this Act;
(ii) comply with all requirements of this Act
applicable to treatment hospitals, including, but not
limited to, offering evidence collection to any Illinois
sexual assault survivor who presents with a complaint of

SB2437 - 1592 - LRB103 26700 AMC 53063 b
sexual assault within a minimum of the last 7 days or who
has disclosed past sexual assault by a specific individual
and was in the care of that individual within a minimum of
the last 7 days and not billing the sexual assault
survivor for medical forensic services or 180 days of
follow-up healthcare;
(iii) use an Illinois State Police Sexual Assault
Evidence Collection Kit to collect forensic evidence from
an Illinois sexual assault survivor;
(iv) ensure its staff cooperates with Illinois law
enforcement agencies and are responsive to subpoenas
issued by Illinois courts; and
(v) provide appropriate transportation upon the
completion of medical forensic services back to the
transfer hospital or treatment hospital with pediatric
transfer where the sexual assault survivor initially
presented seeking medical forensic services, unless the
sexual assault survivor chooses to arrange his or her own
transportation.
(c) Subsection (b) of this Section is inoperative on and
after January 1, 2029.
(Source: P.A. 102-1097, eff. 1-1-23; 102-1106, eff. 1-1-23;
revised 12-19-22.)
(410 ILCS 70/7)
Sec. 7. Reimbursement.

SB2437 - 1593 - LRB103 26700 AMC 53063 b
(a) A hospital, approved pediatric health care facility,
or health care professional furnishing medical forensic
services, an ambulance provider furnishing transportation to a
sexual assault survivor, a hospital, health care professional,
or laboratory providing follow-up healthcare, or a pharmacy
dispensing prescribed medications to any sexual assault
survivor shall furnish such services or medications to that
person without charge and shall seek payment as follows:
(1) If a sexual assault survivor is eligible to
receive benefits under the medical assistance program
under Article V of the Illinois Public Aid Code, the
ambulance provider, hospital, approved pediatric health
care facility, health care professional, laboratory, or
pharmacy must submit the bill to the Department of
Healthcare and Family Services or the appropriate Medicaid
managed care organization and accept the amount paid as
full payment.
(2) If a sexual assault survivor is covered by one or
more policies of health insurance or is a beneficiary
under a public or private health coverage program, the
ambulance provider, hospital, approved pediatric health
care facility, health care professional, laboratory, or
pharmacy shall bill the insurance company or program. With
respect to such insured patients, applicable deductible,
co-pay, co-insurance, denial of claim, or any other
out-of-pocket insurance-related expense may be submitted

SB2437 - 1594 - LRB103 26700 AMC 53063 b
to the Illinois Sexual Assault Emergency Treatment Program
of the Department of Healthcare and Family Services in
accordance with 89 Ill. Adm. Code 148.510 for payment at
the Department of Healthcare and Family Services'
allowable rates under the Illinois Public Aid Code. The
ambulance provider, hospital, approved pediatric health
care facility, health care professional, laboratory, or
pharmacy shall accept the amounts paid by the insurance
company or health coverage program and the Illinois Sexual
Assault Treatment Program as full payment.
(3) If a sexual assault survivor (i) is neither
eligible to receive benefits under the medical assistance
program under Article V of the Illinois Public Aid Code
nor covered by a policy of insurance or a public or private
health coverage program or (ii) opts out of billing a
private insurance provider, as permitted under subsection
(a-5) of Section 7.5, the ambulance provider, hospital,
approved pediatric health care facility, health care
professional, laboratory, or pharmacy shall submit the
request for reimbursement to the Illinois Sexual Assault
Emergency Treatment Program under the Department of
Healthcare and Family Services in accordance with 89 Ill.
Adm. Code 148.510 at the Department of Healthcare and
Family Services' allowable rates under the Illinois Public
Aid Code.
(4) If a sexual assault survivor presents a sexual

SB2437 - 1595 - LRB103 26700 AMC 53063 b
assault services voucher for follow-up healthcare, the
healthcare professional, pediatric health care facility,
or laboratory that provides follow-up healthcare or the
pharmacy that dispenses prescribed medications to a sexual
assault survivor shall submit the request for
reimbursement for follow-up healthcare, pediatric health
care facility, laboratory, or pharmacy services to the
Illinois Sexual Assault Emergency Treatment Program under
the Department of Healthcare and Family Services in
accordance with 89 Ill. Adm. Code 148.510 at the
Department of Healthcare and Family Services' allowable
rates under the Illinois Public Aid Code. Nothing in this
subsection (a) precludes hospitals or approved pediatric
health care facilities from providing follow-up healthcare
and receiving reimbursement under this Section.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(b-5) Medical forensic services furnished by a person or
entity described under subsection (a) to any sexual assault
survivor on or after July 1, 2022 that are required under this
Act to be reimbursed by the Department of Healthcare and
Family Services, the Illinois Sexual Assault Emergency
Treatment Program under the Department of Healthcare and
Family Services, or the appropriate Medicaid managed care

SB2437 - 1596 - LRB103 26700 AMC 53063 b
organization shall be reimbursed at a rate of at least $1,000.
(c) (Blank).
(d) (Blank).
(e) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
(f) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21; 102-699, Article 30, Section 30-5,
eff. 4-19-22; 102-699, Article 35, Section 35-5 (See Section
99-99 of P.A. 102-699 and Section 99 of P.A. 102-1097
regarding the effective date of changes made in Article 35 of
P.A. 102-699); revised 12-14-22.)
(410 ILCS 70/7-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 7-1. Reimbursement
(a) A hospital, approved pediatric health care facility,
approved federally qualified health center, or health care
professional furnishing medical forensic services, an
ambulance provider furnishing transportation to a sexual
assault survivor, a hospital, health care professional, or
laboratory providing follow-up healthcare, or a pharmacy
dispensing prescribed medications to any sexual assault
survivor shall furnish such services or medications to that

SB2437 - 1597 - LRB103 26700 AMC 53063 b
person without charge and shall seek payment as follows:
(1) If a sexual assault survivor is eligible to
receive benefits under the medical assistance program
under Article V of the Illinois Public Aid Code, the
ambulance provider, hospital, approved pediatric health
care facility, approved federally qualified health center,
health care professional, laboratory, or pharmacy must
submit the bill to the Department of Healthcare and Family
Services or the appropriate Medicaid managed care
organization and accept the amount paid as full payment.
(2) If a sexual assault survivor is covered by one or
more policies of health insurance or is a beneficiary
under a public or private health coverage program, the
ambulance provider, hospital, approved pediatric health
care facility, approved federally qualified health center,
health care professional, laboratory, or pharmacy shall
bill the insurance company or program. With respect to
such insured patients, applicable deductible, co-pay,
co-insurance, denial of claim, or any other out-of-pocket
insurance-related expense may be submitted to the Illinois
Sexual Assault Emergency Treatment Program of the
Department of Healthcare and Family Services in accordance
with 89 Ill. Adm. Code 148.510 for payment at the
Department of Healthcare and Family Services' allowable
rates under the Illinois Public Aid Code. The ambulance
provider, hospital, approved pediatric health care

SB2437 - 1598 - LRB103 26700 AMC 53063 b
facility, approved federally qualified health center,
health care professional, laboratory, or pharmacy shall
accept the amounts paid by the insurance company or health
coverage program and the Illinois Sexual Assault Treatment
Program as full payment.
(3) If a sexual assault survivor (i) is neither
eligible to receive benefits under the medical assistance
program under Article V of the Illinois Public Aid Code
nor covered by a policy of insurance or a public or private
health coverage program or (ii) opts out of billing a
private insurance provider, as permitted under subsection
(a-5) of Section 7.5, the ambulance provider, hospital,
approved pediatric health care facility, approved
federally qualified health center, health care
professional, laboratory, or pharmacy shall submit the
request for reimbursement to the Illinois Sexual Assault
Emergency Treatment Program under the Department of
Healthcare and Family Services in accordance with 89 Ill.
Adm. Code 148.510 at the Department of Healthcare and
Family Services' allowable rates under the Illinois Public
Aid Code.
(4) If a sexual assault survivor presents a sexual
assault services voucher for follow-up healthcare, the
healthcare professional, pediatric health care facility,
federally qualified health center, or laboratory that
provides follow-up healthcare or the pharmacy that

SB2437 - 1599 - LRB103 26700 AMC 53063 b
dispenses prescribed medications to a sexual assault
survivor shall submit the request for reimbursement for
follow-up healthcare, pediatric health care facility,
laboratory, or pharmacy services to the Illinois Sexual
Assault Emergency Treatment Program under the Department
of Healthcare and Family Services in accordance with 89
Ill. Adm. Code 148.510 at the Department of Healthcare and
Family Services' allowable rates under the Illinois Public
Aid Code. Nothing in this subsection (a) precludes
hospitals, or approved pediatric health care facilities or
approved federally qualified health centers from providing
follow-up healthcare and receiving reimbursement under
this Section.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(b-5) Medical forensic services furnished by a person or
entity described under subsection (a) to any sexual assault
survivor on or after July 1, 2022 that are required under this
Act to be reimbursed by the Department of Healthcare and
Family Services, the Illinois Sexual Assault Emergency
Treatment Program under the Department of Healthcare and
Family Services, or the appropriate Medicaid managed care
organization shall be reimbursed at a rate of at least $1,000.
(c) (Blank).

SB2437 - 1600 - LRB103 26700 AMC 53063 b
(d) (Blank).
(e) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
(f) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21; 102-699, Article 30, Section 30-5,
eff. 4-19-22; 102-699, Article 35, Section 35-5 (See Section
99-99 of P.A. 102-699 and Section 99 of P.A. 102-1097
regarding the effective date of changes made in Article 35 of
P.A. 102-699); revised 12-14-22.)
(410 ILCS 70/9.5)
(Section scheduled to be repealed on January 1, 2025)
Sec. 9.5. Sexual Assault Medical Forensic Services
Implementation Task Force.
(a) The Sexual Assault Medical Forensic Services
Implementation Task Force is created to assist hospitals and
approved pediatric health care facilities with the
implementation of the changes made by Public Act 100-775 this
amendatory Act of the l00th General Assembly. The Task Force
shall consist of the following members, who shall serve
without compensation:
(1) one member of the Senate appointed by the
President of the Senate, who may designate an alternate
member;

SB2437 - 1601 - LRB103 26700 AMC 53063 b
(2) one member of the Senate appointed by the Minority
Leader of the Senate, who may designate an alternate
member;
(3) one member of the House of Representatives
appointed by the Speaker of the House of Representatives,
who may designate an alternate member;
(4) one member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives, who may designate an alternate member;
(5) two members representing the Office of the
Attorney General appointed by the Attorney General, one of
whom shall be the Sexual Assault Nurse Examiner
Coordinator for the State of Illinois;
(6) one member representing the Department of Public
Health appointed by the Director of Public Health;
(7) one member representing the Illinois State Police
appointed by the Director of the Illinois State Police;
(8) one member representing the Department of
Healthcare and Family Services appointed by the Director
of Healthcare and Family Services;
(9) six members representing hospitals appointed by
the head of a statewide organization representing the
interests of hospitals in Illinois, at least one of whom
shall represent small and rural hospitals and at least one
of these members shall represent urban hospitals;
(10) one member representing physicians appointed by

SB2437 - 1602 - LRB103 26700 AMC 53063 b
the head of a statewide organization representing the
interests of physicians in Illinois;
(11) one member representing emergency physicians
appointed by the head of a statewide organization
representing the interests of emergency physicians in
Illinois;
(12) two members representing child abuse
pediatricians appointed by the head of a statewide
organization representing the interests of child abuse
pediatricians in Illinois, at least one of whom shall
represent child abuse pediatricians providing medical
forensic services in rural locations and at least one of
whom shall represent child abuse pediatricians providing
medical forensic services in urban locations;
(13) one member representing nurses appointed by the
head of a statewide organization representing the
interests of nurses in Illinois;
(14) two members representing sexual assault nurse
examiners appointed by the head of a statewide
organization representing the interests of forensic nurses
in Illinois, at least one of whom shall represent
pediatric/adolescent sexual assault nurse examiners and at
least one of these members shall represent
adult/adolescent sexual assault nurse examiners;
(15) one member representing State's Attorneys
appointed by the head of a statewide organization

SB2437 - 1603 - LRB103 26700 AMC 53063 b
representing the interests of State's Attorneys in
Illinois;
(16) three members representing sexual assault
survivors appointed by the head of a statewide
organization representing the interests of sexual assault
survivors and rape crisis centers, at least one of whom
shall represent rural rape crisis centers and at least one
of whom shall represent urban rape crisis centers;
(17) two members representing children's advocacy
centers appointed by the head of a statewide organization
representing the interests of children's advocacy centers
in Illinois, one of whom represents rural child advocacy
centers and one of whom represents urban child advocacy
centers; and
(18) one member representing approved federally
qualified health centers appointed by the Director of
Public Health.
The members representing the Office of the Attorney
General and the Department of Public Health shall serve as
co-chairpersons of the Task Force. The Office of the Attorney
General shall provide administrative and other support to the
Task Force.
(b) The first meeting of the Task Force shall be called by
the co-chairpersons no later than 90 days after the effective
date of this Section.
(c) The goals of the Task Force shall include, but not be

SB2437 - 1604 - LRB103 26700 AMC 53063 b
limited to, the following:
(1) to facilitate the development of areawide
treatment plans among hospitals and pediatric health care
facilities;
(2) to facilitate the development of on-call systems
of qualified medical providers and assist hospitals with
the development of plans to employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of
the patient presenting to the hospital as required in
subsection (a-7) of Section 5;
(3) to identify photography and storage options for
hospitals to comply with the photo documentation
requirements in Sections 5 and 5.1;
(4) to develop a model written agreement for use by
rape crisis centers, hospitals, and approved pediatric
health care facilities with sexual assault treatment plans
to comply with subsection (c) of Section 2;
(5) to develop and distribute educational information
regarding the implementation of this Act to hospitals,
health care providers, rape crisis centers, children's
advocacy centers, State's Attorney's offices;
(6) to examine the role of telemedicine in the
provision of medical forensic services under this Act and
to develop recommendations for statutory change and
standards and procedures for the use of telemedicine to be

SB2437 - 1605 - LRB103 26700 AMC 53063 b
adopted by the Department;
(7) to seek inclusion of the International Association
of Forensic Nurses Sexual Assault Nurse Examiner Education
Guidelines for nurses within the registered nurse training
curriculum in Illinois nursing programs and the American
College of Emergency Physicians Management of the Patient
with the Complaint of Sexual Assault for emergency
physicians within the Illinois residency training
curriculum for emergency physicians; and
(8) to submit a report to the General Assembly by
January 1, 2024 regarding the status of implementation of
Public Act 100-775 this amendatory Act of the 100th
General Assembly, including, but not limited to, the
impact of transfers to out-of-state hospitals on sexual
assault survivors, the availability of treatment hospitals
in Illinois, and the status of pediatric sexual assault
care. The report shall also cover the impact of medical
forensic services provided at approved federally qualified
health centers on sexual assault survivors. The report to
the General Assembly shall be filed with the Clerk of the
House of Representatives and the Secretary of the Senate
in electronic form only, in the manner that the Clerk and
the Secretary shall direct.
(d) This Section is repealed on January 1, 2025.
(Source: P.A. 102-538, eff. 8-20-21; 102-1097, eff. 6-16-22;
102-1106, eff. 12-14-22; revised 12-19-22.)

SB2437 - 1606 - LRB103 26700 AMC 53063 b
Section 585. The Vital Records Act is amended by changing
Section 18 as follows:
(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
Sec. 18. (1) Each death which occurs in this State shall be
registered by filing a death certificate with the local
registrar of the district in which the death occurred or the
body was found, within 7 days after such death (within 5 days
if the death occurs prior to January 1, 1989) and prior to
cremation or removal of the body from the State, except when
death is subject to investigation by the coroner or medical
examiner.
(a) For the purposes of this Section, if the place of
death is unknown, a death certificate shall be filed in
the registration district in which a dead body is found,
which shall be considered the place of death.
(b) When a death occurs on a moving conveyance, the
place where the body is first removed from the conveyance
shall be considered the place of death and a death
certificate shall be filed in the registration district in
which such place is located.
(c) The funeral director who first assumes custody of
a dead body shall be responsible for filing a completed
death certificate. He or she shall obtain the personal
data from the next of kin or the best qualified person or

SB2437 - 1607 - LRB103 26700 AMC 53063 b
source available; he or she shall enter on the certificate
the name, relationship, and address of the informant; he
or she shall enter the date, place, and method of final
disposition; he or she shall affix his or her own
signature and enter his or her address; and shall present
the certificate to the person responsible for completing
the medical certification of cause of death. The person
responsible for completing the medical certification of
cause of death must note the presence of
methicillin-resistant staphylococcus aureus, clostridium
difficile, or vancomycin-resistant enterococci if it is a
contributing factor to or the cause of death. Additional
multi-drug resistant organisms (MDROs) may be added to
this list by the Department by rule.
(2) The medical certification shall be completed and
signed within 48 hours after death by the certifying health
care professional who, within 12 months prior to the date of
the patient's death, was treating or managing treatment of the
patient's illness or condition which resulted in death, except
when death is subject to the coroner's or medical examiner's
investigation. In the absence of the certifying health care
professional or with his or her approval, the medical
certificate may be completed and signed by his or her
associate physician, or advanced practice registered nurse, or
physician assistant, the chief medical officer of the
institution in which death occurred, or by the physician who

SB2437 - 1608 - LRB103 26700 AMC 53063 b
performed an autopsy upon the decedent.
(3) When a death occurs without medical attendance, or
when it is otherwise subject to the coroner's or medical
examiner's investigation, the coroner or medical examiner
shall be responsible for the completion of a coroner's or
medical examiner's certificate of death and shall sign the
medical certification within 48 hours after death, except as
provided by regulation in special problem cases. If the
decedent was under the age of 18 years at the time of his or
her death, and the death was due to injuries suffered as a
result of a motor vehicle backing over a child, or if the death
occurred due to the power window of a motor vehicle, the
coroner or medical examiner must send a copy of the medical
certification, with information documenting that the death was
due to a vehicle backing over the child or that the death was
caused by a power window of a vehicle, to the Department of
Children and Family Services. The Department of Children and
Family Services shall (i) collect this information for use by
Child Death Review Teams and (ii) compile and maintain this
information as part of its Annual Child Death Review Team
Report to the General Assembly.
(3.5) The medical certification of cause of death shall
expressly provide an opportunity for the person completing the
certification to indicate that the death was caused in whole
or in part by a dementia-related disease, Parkinson's Disease,
or Parkinson-Dementia Complex.

SB2437 - 1609 - LRB103 26700 AMC 53063 b
(4) When the deceased was a veteran of any war of the
United States, the funeral director shall prepare a
"Certificate of Burial of U. S. War Veteran", as prescribed
and furnished by the Illinois Department of Veterans' Affairs,
and submit such certificate to the Illinois Department of
Veterans' Affairs monthly.
(5) When a death is presumed to have occurred in this State
but the body cannot be located, a death certificate may be
prepared by the State Registrar upon receipt of an order of a
court of competent jurisdiction which includes the finding of
facts required to complete the death certificate. Such death
certificate shall be marked "Presumptive" and shall show on
its face the date of the registration and shall identify the
court and the date of the judgment.
(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23;
revised 12-12-22.)
Section 590. The Sanitary Food Preparation Act is amended
by changing Sections 2 and 8 as follows:
(410 ILCS 650/2) (from Ch. 56 1/2, par. 68)
Sec. 2. The floors, sidewalks, ceilings, furniture,
receptacles, implements, and machinery of every such
establishment or place where such food intended for sale is
produced, prepared, manufactured, packed, stored, sold, or
distributed, and all cars, trucks, and vehicles used in the

SB2437 - 1610 - LRB103 26700 AMC 53063 b
transportation of such food products, shall at no time be kept
or permitted to remain in an unclean, unhealthful, or
insanitary condition; and for the purpose of this Act act,
unclean, unhealthful, or insanitary conditions shall be deemed
to exist if food in the process of production, preparation,
manufacture, packing, storing, sale, distribution, or
transportation is not securely protected from flies, dust,
dirt, and, as far as may be necessary by all reasonable means,
from all other foreign or injurious contamination; or if the
refuse, dirt, or waste products subject to decomposition and
fermentation incident to the manufacture, preparation,
packing, storing, selling, distributing, or transportation of
such food are not removed daily, or if all trucks, trays,
boxes, buckets, or other receptacles, or the shutes,
platforms, racks, tables, shelves, and knives, saws, cleavers,
or other utensils, or the machinery used in moving, handling,
cutting, chopping, mixing, canning, or other processes are not
thoroughly cleaned daily; or if the clothing of operatives,
employees employes, clerks, or other persons therein employed,
is unclean.
(Source: P.A. 80-1495; revised 8-24-22.)
(410 ILCS 650/8) (from Ch. 56 1/2, par. 74)
Sec. 8. No operative, employee employe, or other persons
shall expectorate on the food or on the utensils or on the
floors or sidewalls of any building, room, basement, or cellar

SB2437 - 1611 - LRB103 26700 AMC 53063 b
where the production, preparation, manufacture, packing,
storing, or sale of any such food is conducted. Operatives,
employees employes, 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. 77-2695; revised 8-24-22.)
Section 595. The Drug Take-Back Act is amended by changing
Section 25 as follows:
(410 ILCS 720/25)
Sec. 25. Drug take-back program requirements.
(a) At least 120 days prior to submitting a proposal under
Section 35, a manufacturer program operator must notify
potential authorized collectors of the opportunity to serve as
an authorized collector for the proposed drug take-back
program. No later than 30 days after a potential authorized
collector expresses interest in participating in a proposed
program, the manufacturer program operator must commence good
faith negotiations with the potential authorized collector
regarding the collector's participation in the program.
(b) A person may serve as an authorized collector for a

SB2437 - 1612 - LRB103 26700 AMC 53063 b
drug take-back program voluntarily or in exchange for
compensation. Nothing in this Act requires any person to serve
as an authorized collector for a drug take-back program.
(c) A pharmacy shall not be required to participate in a
drug take-back program.
(d) A drug take-back program must include as a collector
any person who (i) is a potential authorized collector and
(ii) offers to participate in the program. The manufacturer
program operator must include the person in the program as an
authorized collector no later than 90 days after receiving a
written offer to participate.
(e) A drug take-back program must pay for all
administrative and operational costs of the drug take-back
program, as outlined in subsection (a) of Section 55.
(f) An authorized collector operating a drug take-back
program collection site must accept all covered drugs from
consumers during the hours that the location used as a
collection site is normally open for business to the public.
(g) A drug take-back program collection site must collect
covered drugs and store them in compliance with State and
federal law, including United States Drug Enforcement
Administration regulations. The manufacturer program operator
must provide for transportation and disposal of collected
covered drugs in a manner that ensures each collection site is
serviced as often as necessary to avoid reaching capacity and
that collected covered drugs are transported to final disposal

SB2437 - 1613 - LRB103 26700 AMC 53063 b
in a manner compliant with State and federal law, including a
process for additional prompt collection service upon
notification from the collection site. Covered drugs shall be
disposed of at:
(1) a permitted hazardous waste facility that meets
the requirements under 40 CFR 264 and 40 CFR 265;
(2) a permitted municipal waste incinerator that meets
the requirements under 40 CFR 50 and 40 CFR 62; or
(3) a permitted hospital, medical, and infectious
waste incinerator that meets the requirements under
subpart HHH of 40 CFR part 62, an applicable State plan for
existing hospital, medical, and infectious waste
incinerators, or subpart Ec of 40 CFR part 60 for new
hospital, medical, and infectious waste incinerators.
(h) Authorized collectors must comply with all State and
federal laws and regulations governing the collection,
storage, and disposal of covered drugs, including United
States Drug Enforcement Administration regulations.
(i) A drug take-back program must provide for the
collection, transportation, and disposal of covered drugs on
an ongoing, year-round basis and must provide access for
residents across the State as set forth in subsection (j).
(j) A drug take-back program shall provide, in every
county with a potential authorized collector, one authorized
collection site and a minimum of at least one additional
collection site for every 50,000 county residents, provided

SB2437 - 1614 - LRB103 26700 AMC 53063 b
that there are enough potential authorized collectors offering
to participate in the drug take-back program.
All potential authorized collection sites that offer to
participate in a drug take-back program shall be counted
toward towards meeting the minimum number of authorized
collection sites within a drug take-back program. Collection
sites funded in part or in whole under a contract between a
covered manufacturer and a pharmacy entered into on or before
June 10, 2022 (the effective date of this Act) shall be counted
toward towards the minimum requirements within this Section
for so long as the contract continues.
(k) A drug take-back program may include mail-back
distribution locations or periodic collection events for each
county in the State. The manufacturer program operator shall
consult with each county authority identified in the written
notice prior to preparing the program plan to determine the
role that mail-back distribution locations or periodic
collection events will have in the drug take-back program.
The requirement to hold periodic collection events shall
be deemed to be satisfied if a manufacturer program operator
makes reasonable efforts to arrange periodic collection events
but they cannot be scheduled due to lack of law enforcement
availability.
A drug take-back program must permit a consumer who is a
homeless, homebound, or disabled individual to request
prepaid, preaddressed mailing envelopes. A manufacturer

SB2437 - 1615 - LRB103 26700 AMC 53063 b
program operator shall accept the request through a website
and toll-free telephone number that it must maintain to comply
with the requests.
(Source: P.A. 102-1055, eff. 6-10-22; revised 8-24-22.)
Section 600. The Environmental Protection Act is amended
by changing Sections 10, 22.15, and 22.59 as follows:
(415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
Sec. 10. Regulations.
(A) The Board, pursuant to procedures prescribed in Title
VII of this Act, may adopt regulations to promote the purposes
of this Title. Without limiting the generality of this
authority, such regulations may among other things prescribe:
(a) (Blank);
(b) Emission standards specifying the maximum amounts
or concentrations of various contaminants that may be
discharged into the atmosphere;
(c) Standards for the issuance of permits for
construction, installation, or operation of any equipment,
facility, vehicle, vessel, or aircraft capable of causing
or contributing to air pollution or designed to prevent
air pollution;
(d) Standards and conditions regarding the sale,
offer, or use of any fuel, vehicle, or other article
determined by the Board to constitute an air-pollution

SB2437 - 1616 - LRB103 26700 AMC 53063 b
hazard;
(e) Alert and abatement standards relative to
air-pollution episodes or emergencies constituting an
acute danger to health or to the environment;
(f) Requirements and procedures for the inspection of
any equipment, facility, vehicle, vessel, or aircraft that
may cause or contribute to air pollution;
(g) Requirements and standards for equipment and
procedures for monitoring contaminant discharges at their
sources, the collection of samples, and the collection,
reporting, and retention of data resulting from such
monitoring.
(B) The Board may adopt regulations and emission standards
that are applicable or that may become applicable to
stationary emission sources located in all areas of the State
in accordance with any of the following:
(1) that are required by federal law;
(2) that are otherwise part of the State's attainment
plan and are necessary to attain the national ambient air
quality standards; or
(3) that are necessary to comply with the requirements
of the federal Clean Air Act.
(C) The Board may not adopt any regulation banning the
burning of landscape waste throughout the State generally. The
Board may, by regulation, restrict or prohibit the burning of
landscape waste within any geographical area of the State if

SB2437 - 1617 - LRB103 26700 AMC 53063 b
it determines based on medical and biological evidence
generally accepted by the scientific community that such
burning will produce in the atmosphere of that geographical
area contaminants in sufficient quantities and of such
characteristics and duration as to be injurious to human
humans, plant, or animal life, or health.
(D) The Board shall adopt regulations requiring the owner
or operator of a gasoline dispensing system that dispenses
more than 10,000 gallons of gasoline per month to install and
operate a system for the recovery of gasoline vapor emissions
arising from the fueling of motor vehicles that meets the
requirements of Section 182 of the federal Clean Air Act (42
U.S.C. USC 7511a). These regulations shall apply only in areas
of the State that are classified as moderate, serious, severe,
or extreme nonattainment areas for ozone pursuant to Section
181 of the federal Clean Air Act (42 U.S.C. USC 7511), but
shall not apply in such areas classified as moderate
nonattainment areas for ozone if the Administrator of the U.S.
Environmental Protection Agency promulgates standards for
vehicle-based (onboard) systems for the control of vehicle
refueling emissions pursuant to Section 202(a)(6) of the
federal Clean Air Act (42 U.S.C. USC 7521(a)(6)) by November
15, 1992.
(E) The Board shall not adopt or enforce any regulation
requiring the use of a tarpaulin or other covering on a truck,
trailer, or other vehicle that is stricter than the

SB2437 - 1618 - LRB103 26700 AMC 53063 b
requirements of Section 15-109.1 of the Illinois Vehicle Code.
To the extent that it is in conflict with this subsection, the
Board's rule codified as 35 Ill. Adm. Admin. Code, Section
212.315 is hereby superseded.
(F) Any person who, prior to June 8, 1988, has filed a
timely Notice of Intent to Petition for an Adjusted RACT
Emissions Limitation and who subsequently timely files a
completed petition for an adjusted RACT emissions limitation
pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
subject to the procedures contained in Subpart I but shall be
excluded by operation of law from 35 Ill. Adm. Code, Part 215,
Subparts PP, QQ, and RR, including the applicable definitions
in 35 Ill. Adm. Code, Part 211. Such persons shall instead be
subject to a separate regulation which the Board is hereby
authorized to adopt pursuant to the adjusted RACT emissions
limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart
I. In its final action on the petition, the Board shall create
a separate rule which establishes Reasonably Available Control
Technology (RACT) for such person. The purpose of this
procedure is to create separate and independent regulations
for purposes of SIP submittal, review, and approval by USEPA.
(G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
Sections 218.720 through 218.730 and Sections 219.720 through
219.730, are hereby repealed by operation of law and are
rendered null and void and of no force and effect.
(H) In accordance with subsection (b) of Section 7.2, the

SB2437 - 1619 - LRB103 26700 AMC 53063 b
Board shall adopt ambient air quality standards specifying the
maximum permissible short-term and long-term concentrations of
various contaminants in the atmosphere; those standards shall
be identical in substance to the national ambient air quality
standards promulgated by the Administrator of the United
States Environmental Protection Agency in accordance with
Section 109 of the Clean Air Act. The Board may consolidate
into a single rulemaking under this subsection all such
federal regulations adopted within a period of time not to
exceed 6 months. The provisions and requirements of Title VII
of this Act and Section 5-35 of the Illinois Administrative
Procedure Act, relating to procedures for rulemaking, shall
not apply to identical in substance regulations adopted
pursuant to this subsection. However, the Board shall provide
for notice and public comment before adopted rules are filed
with the Secretary of State. Nothing in this subsection shall
be construed to limit the right of any person to submit a
proposal to the Board, or the authority of the Board to adopt,
air quality standards more stringent than the standards
promulgated by the Administrator, pursuant to the rulemaking
requirements of Title VII of this Act and Section 5-35 of the
Illinois Administrative Procedure Act.
(Source: P.A. 97-945, eff. 8-10-12; revised 2-28-22.)
(415 ILCS 5/22.15)
Sec. 22.15. Solid Waste Management Fund; fees.

SB2437 - 1620 - LRB103 26700 AMC 53063 b
(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, 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 2023, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000

SB2437 - 1621 - LRB103 26700 AMC 53063 b
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

SB2437 - 1622 - LRB103 26700 AMC 53063 b
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, and for the administration of
the Consumer Electronics Recycling Act and the Drug Take-Back
Act.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its

SB2437 - 1623 - LRB103 26700 AMC 53063 b
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 Section 4(r) 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

SB2437 - 1624 - LRB103 26700 AMC 53063 b
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

SB2437 - 1625 - LRB103 26700 AMC 53063 b
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

SB2437 - 1626 - LRB103 26700 AMC 53063 b
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

SB2437 - 1627 - LRB103 26700 AMC 53063 b
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

SB2437 - 1628 - LRB103 26700 AMC 53063 b
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.

SB2437 - 1629 - LRB103 26700 AMC 53063 b
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
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; revised 8-25-22.)
(415 ILCS 5/22.59)
Sec. 22.59. CCR surface impoundments.
(a) The General Assembly finds that:
(1) the State of Illinois has a long-standing policy
to restore, protect, and enhance the environment,
including the purity of the air, land, and waters,
including groundwaters, of this State;
(2) a clean environment is essential to the growth and
well-being of this State;
(3) CCR generated by the electric generating industry
has caused groundwater contamination and other forms of
pollution at active and inactive plants throughout this
State;
(4) environmental laws should be supplemented to
ensure consistent, responsible regulation of all existing
CCR surface impoundments; and
(5) meaningful participation of State residents,
especially vulnerable populations who may be affected by
regulatory actions, is critical to ensure that
environmental justice considerations are incorporated in
the development of, decision-making related to, and

SB2437 - 1630 - LRB103 26700 AMC 53063 b
implementation of environmental laws and rulemaking that
protects and improves the well-being of communities in
this State that bear disproportionate burdens imposed by
environmental pollution.
Therefore, the purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement, and the responsible disposal
and storage of coal combustion residuals, so as to protect
public health and to prevent pollution of the environment of
this State.
The provisions of this Section shall be liberally
construed to carry out the purposes of this Section.
(b) No person shall:
(1) cause or allow the discharge of any contaminants
from a CCR surface impoundment into the environment so as
to cause, directly or indirectly, a violation of this
Section or any regulations or standards adopted by the
Board under this Section, either alone or in combination
with contaminants from other sources;
(2) construct, install, modify, operate, or close any
CCR surface impoundment without a permit granted by the
Agency, or so as to violate any conditions imposed by such
permit, any provision of this Section or any regulations
or standards adopted by the Board under this Section;
(3) cause or allow, directly or indirectly, the
discharge, deposit, injection, dumping, spilling, leaking,

SB2437 - 1631 - LRB103 26700 AMC 53063 b
or placing of any CCR upon the land in a place and manner
so as to cause or tend to cause a violation of this Section
or any regulations or standards adopted by the Board under
this Section; or
(4) construct, install, modify, or close a CCR surface
impoundment in accordance with a permit issued under this
Act without certifying to the Agency that all contractors,
subcontractors, and installers utilized to construct,
install, modify, or close a CCR surface impoundment are
participants in:
(A) a training program that is approved by and
registered with the United States Department of
Labor's Employment and Training Administration and
that includes instruction in erosion control and
environmental remediation; and
(B) a training program that is approved by and
registered with the United States Department of
Labor's Employment and Training Administration and
that includes instruction in the operation of heavy
equipment and excavation.
Nothing in this paragraph (4) shall be construed to
require providers of construction-related professional
services to participate in a training program approved by
and registered with the United States Department of
Labor's Employment and Training Administration.
In this paragraph (4), "construction-related

SB2437 - 1632 - LRB103 26700 AMC 53063 b
professional services" includes, but is not limited to,
those services within the scope of: (i) the practice of
architecture as regulated under the Illinois Architecture
Practice Act of 1989; (ii) professional engineering as
defined in Section 4 of the Professional Engineering
Practice Act of 1989; (iii) the practice of a structural
engineer as defined in Section 4 of the Structural
Engineering Practice Act of 1989; or (iv) land surveying
under the Illinois Professional Land Surveyor Act of 1989.
(c) (Blank).
(d) Before commencing closure of a CCR surface
impoundment, in accordance with Board rules, the owner of a
CCR surface impoundment must submit to the Agency for approval
a closure alternatives analysis that analyzes all closure
methods being considered and that otherwise satisfies all
closure requirements adopted by the Board under this Act.
Complete removal of CCR, as specified by the Board's rules,
from the CCR surface impoundment must be considered and
analyzed. Section 3.405 does not apply to the Board's rules
specifying complete removal of CCR. The selected closure
method must ensure compliance with regulations adopted by the
Board pursuant to this Section.
(e) Owners or operators of CCR surface impoundments who
have submitted a closure plan to the Agency before May 1, 2019,
and who have completed closure prior to 24 months after July
30, 2019 (the effective date of Public Act 101-171) shall not

SB2437 - 1633 - LRB103 26700 AMC 53063 b
be required to obtain a construction permit for the surface
impoundment closure under this Section.
(f) Except for the State, its agencies and institutions, a
unit of local government, or a not-for-profit electric
cooperative as defined in Section 3.4 of the Electric Supplier
Act, any person who owns or operates a CCR surface impoundment
in this State shall post with the Agency a performance bond or
other security for the purpose of: (i) ensuring closure of the
CCR surface impoundment and post-closure care in accordance
with this Act and its rules; and (ii) ensuring remediation of
releases from the CCR surface impoundment. The only acceptable
forms of financial assurance are: a trust fund, a surety bond
guaranteeing payment, a surety bond guaranteeing performance,
or an irrevocable letter of credit.
(1) The cost estimate for the post-closure care of a
CCR surface impoundment shall be calculated using a
30-year post-closure care period or such longer period as
may be approved by the Agency under Board or federal
rules.
(2) The Agency is authorized to enter into such
contracts and agreements as it may deem necessary to carry
out the purposes of this Section. Neither the State, nor
the Director, nor any State employee shall be liable for
any damages or injuries arising out of or resulting from
any action taken under this Section.
(3) The Agency shall have the authority to approve or

SB2437 - 1634 - LRB103 26700 AMC 53063 b
disapprove any performance bond or other security posted
under this subsection. Any person whose performance bond
or other security is disapproved by the Agency may contest
the disapproval as a permit denial appeal pursuant to
Section 40.
(g) The Board shall adopt rules establishing construction
permit requirements, operating permit requirements, design
standards, reporting, financial assurance, and closure and
post-closure care requirements for CCR surface impoundments.
Not later than 8 months after July 30, 2019 (the effective date
of Public Act 101-171) the Agency shall propose, and not later
than one year after receipt of the Agency's proposal the Board
shall adopt, rules under this Section. The Board shall not be
deemed in noncompliance with the rulemaking deadline due to
delays in adopting rules as a result of the Joint Committee
Commission on Administrative Rules oversight process. The
rules must, at a minimum:
(1) be at least as protective and comprehensive as the
federal regulations or amendments thereto promulgated by
the Administrator of the United States Environmental
Protection Agency in Subpart D of 40 CFR 257 governing CCR
surface impoundments;
(2) specify the minimum contents of CCR surface
impoundment construction and operating permit
applications, including the closure alternatives analysis
required under subsection (d);

SB2437 - 1635 - LRB103 26700 AMC 53063 b
(3) specify which types of permits include
requirements for closure, post-closure, remediation and
all other requirements applicable to CCR surface
impoundments;
(4) specify when permit applications for existing CCR
surface impoundments must be submitted, taking into
consideration whether the CCR surface impoundment must
close under the RCRA;
(5) specify standards for review and approval by the
Agency of CCR surface impoundment permit applications;
(6) specify meaningful public participation procedures
for the issuance of CCR surface impoundment construction
and operating permits, including, but not limited to,
public notice of the submission of permit applications, an
opportunity for the submission of public comments, an
opportunity for a public hearing prior to permit issuance,
and a summary and response of the comments prepared by the
Agency;
(7) prescribe the type and amount of the performance
bonds or other securities required under subsection (f),
and the conditions under which the State is entitled to
collect moneys from such performance bonds or other
securities;
(8) specify a procedure to identify areas of
environmental justice concern in relation to CCR surface
impoundments;

SB2437 - 1636 - LRB103 26700 AMC 53063 b
(9) specify a method to prioritize CCR surface
impoundments required to close under RCRA if not otherwise
specified by the United States Environmental Protection
Agency, so that the CCR surface impoundments with the
highest risk to public health and the environment, and
areas of environmental justice concern are given first
priority;
(10) define when complete removal of CCR is achieved
and specify the standards for responsible removal of CCR
from CCR surface impoundments, including, but not limited
to, dust controls and the protection of adjacent surface
water and groundwater; and
(11) describe the process and standards for
identifying a specific alternative source of groundwater
pollution when the owner or operator of the CCR surface
impoundment believes that groundwater contamination on the
site is not from the CCR surface impoundment.
(h) Any owner of a CCR surface impoundment that generates
CCR and sells or otherwise provides coal combustion byproducts
pursuant to Section 3.135 shall, every 12 months, post on its
publicly available website a report specifying the volume or
weight of CCR, in cubic yards or tons, that it sold or provided
during the past 12 months.
(i) The owner of a CCR surface impoundment shall post all
closure plans, permit applications, and supporting
documentation, as well as any Agency approval of the plans or

SB2437 - 1637 - LRB103 26700 AMC 53063 b
applications, on its publicly available website.
(j) The owner or operator of a CCR surface impoundment
shall pay the following fees:
(1) An initial fee to the Agency within 6 months after
July 30, 2019 (the effective date of Public Act 101-171)
of:
$50,000 for each closed CCR surface impoundment;
and
$75,000 for each CCR surface impoundment that have
not completed closure.
(2) Annual fees to the Agency, beginning on July 1,
2020, of:
$25,000 for each CCR surface impoundment that has
not completed closure; and
$15,000 for each CCR surface impoundment that has
completed closure, but has not completed post-closure
care.
(k) All fees collected by the Agency under subsection (j)
shall be deposited into the Environmental Protection Permit
and Inspection Fund.
(l) The Coal Combustion Residual Surface Impoundment
Financial Assurance Fund is created as a special fund in the
State treasury. Any moneys forfeited to the State of Illinois
from any performance bond or other security required under
this Section shall be placed in the Coal Combustion Residual
Surface Impoundment Financial Assurance Fund and shall, upon

SB2437 - 1638 - LRB103 26700 AMC 53063 b
approval by the Governor and the Director, be used by the
Agency for the purposes for which such performance bond or
other security was issued. The Coal Combustion Residual
Surface Impoundment Financial Assurance Fund is not subject to
the provisions of subsection (c) of Section 5 of the State
Finance Act.
(m) The provisions of this Section shall apply, without
limitation, to all existing CCR surface impoundments and any
CCR surface impoundments constructed after July 30, 2019 (the
effective date of Public Act 101-171), except to the extent
prohibited by the Illinois or United States Constitutions.
(Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21;
102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff.
8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22; revised
8-24-22.)
Section 605. The Illinois Pesticide Act is amended by
changing Section 4 as follows:
(415 ILCS 60/4) (from Ch. 5, par. 804)
Sec. 4. Definitions. As used in this Act:
1. "Director" means Director of the Illinois Department of
Agriculture or his authorized representative.
2. "Active Ingredient" means any ingredient which will
prevent, destroy, repel, control or mitigate a pest or which
will act as a plant regulator, defoliant or desiccant.

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3. "Adulterated" shall apply to any pesticide if the
strength or purity is not within the standard of quality
expressed on the labeling under which it is sold, distributed
or used, including any substance which has been substituted
wholly or in part for the pesticide as specified on the
labeling under which it is sold, distributed or used, or if any
valuable constituent of the pesticide has been wholly or in
part abstracted.
4. "Agricultural Commodity" means produce of the land,
including, but not limited to, plants and plant parts,
livestock and poultry and livestock or poultry products,
seeds, sod, shrubs and other products of agricultural origin
including the premises necessary to and used directly in
agricultural production. Agricultural commodity also includes
aquatic products, including any aquatic plants and animals or
their by-products that are produced, grown, managed, harvested
and marketed on an annual, semi-annual, biennial or short-term
basis, in permitted aquaculture facilities.
5. "Animal" means all vertebrate and invertebrate species
including, but not limited to, man and other mammals, birds
bird, fish, and shellfish.
5.5. "Barrier mosquitocide" means a pesticide that is
formulated to kill adult mosquitoes and that is applied so as
to leave a residual mosquitocidal coating on natural or
manmade surfaces. "Barrier mosquitocide" does not include a
product that is exempt from registration under the Federal

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Insecticide, Fungicide, and Rodenticide Act, or rules adopted
pursuant to that Act.
5.6. "Barrier mosquitocide treatment" means application of
a barrier mosquitocide to a natural or manmade surface.
6. "Beneficial Insects" means those insects which during
their life cycle are effective pollinators of plants,
predators of pests or are otherwise beneficial.
7. "Certified applicator".
A. "Certified applicator" means any individual who is
certified under this Act to purchase, use, or supervise
the use of pesticides which are classified for restricted
use.
B. "Private applicator" means a certified applicator
who purchases, uses, or supervises the use of any
pesticide classified for restricted use, for the purpose
of producing any agricultural commodity on property owned,
rented, or otherwise controlled by him or his employer, or
applied to other property if done without compensation
other than trading of personal services between no more
than 2 producers of agricultural commodities.
C. "Licensed Commercial Applicator" means a certified
applicator, whether or not he is a private applicator with
respect to some uses, who owns or manages a business that
is engaged in applying pesticides, whether classified for
general or restricted use, for hire. The term also applies
to a certified applicator who uses or supervises the use

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of pesticides, whether classified for general or
restricted use, for any purpose or on property of others
excluding those specified by subparagraphs 7 (B), (D), (E)
of Section 4 of this Act.
D. "Commercial Not For Hire Applicator" means a
certified applicator who uses or supervises the use of
pesticides classified for general or restricted use for
any purpose on property of an employer when such activity
is a requirement of the terms of employment and such
application of pesticides under this certification is
limited to property under the control of the employer only
and includes, but is not limited to, the use or
supervision of the use of pesticides in a greenhouse
setting. "Commercial Not For Hire Applicator" also
includes a certified applicator who uses or supervises the
use of pesticides classified for general or restricted use
as an employee of a state agency, municipality, or other
duly constituted governmental agency or unit.
8. "Defoliant" means any substance or combination of
substances which cause leaves or foliage to drop from a plant
with or without causing abscission.
9. "Desiccant" means any substance or combination of
substances intended for artificially accelerating the drying
of plant tissue.
10. "Device" means any instrument or contrivance, other
than a firearm or equipment for application of pesticides when

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sold separately from pesticides, which is intended for
trapping, repelling, destroying, or mitigating any pest, other
than bacteria, virus, or other microorganisms on or living in
man or other living animals.
11. "Distribute" means offer or hold for sale, sell,
barter, ship, deliver for shipment, receive and then deliver,
or offer to deliver pesticides, within the State.
12. "Environment" includes water, air, land, and all
plants and animals including man, living therein and the
interrelationships which exist among these.
13. "Equipment" means any type of instruments and
contrivances using motorized, mechanical or pressure power
which is used to apply any pesticide, excluding pressurized
hand-size household apparatus containing dilute ready to apply
pesticide or used to apply household pesticides.
14. "FIFRA" means the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended.
15. "Fungi" means any non-chlorophyll bearing
thallophytes, any non-chlorophyll bearing plant of a lower
order than mosses or liverworts, as for example rust, smut,
mildew, mold, yeast and bacteria, except those on or in living
animals including man and those on or in processed foods,
beverages or pharmaceuticals.
16. "Household Substance" means any pesticide customarily
produced and distributed for use by individuals in or about
the household.

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17. "Imminent Hazard" means a situation which exists when
continued use of a pesticide would likely result in
unreasonable adverse effects effect on the environment or will
involve unreasonable hazard to the survival of a species
declared endangered by the U.S. Secretary of the Interior or
to species declared to be protected by the Illinois Department
of Natural Resources.
18. "Inert Ingredient" means an ingredient which is not an
active ingredient.
19. "Ingredient Statement" means a statement of the name
and percentage of each active ingredient together with the
total percentage of inert ingredients in a pesticide and for
pesticides containing arsenic in any form, the ingredient
statement shall include percentage of total and water soluble
arsenic, each calculated as elemental arsenic. In the case of
spray adjuvants the ingredient statement need contain only the
names of the functioning agents and the total percent of those
constituents ineffective as spray adjuvants.
20. "Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously
segmented for the most part belonging to the class Insects,
comprised of six-legged, usually winged forms, as for example
beetles, caterpillars, and flies. This definition encompasses
other allied classes of arthropods whose members are wingless
and usually have more than 6 legs as for example spiders,
mites, ticks, centipedes, and millipedes.

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21. "Label" means the written, printed or graphic matter
on or attached to the pesticide or device or any of its
containers or wrappings.
22. "Labeling" means the label and all other written,
printed or graphic matter: (a) on the pesticide or device or
any of its containers or wrappings, (b) accompanying the
pesticide or device or referring to it in any other media used
to disseminate information to the public, (c) to which
reference is made to the pesticide or device except when
references are made to current official publications of the U.
S. Environmental Protection Agency, Departments of
Agriculture, Health, Education and Welfare or other Federal
Government institutions, the state experiment station or
colleges of agriculture or other similar state institution
authorized to conduct research in the field of pesticides.
23. "Land" means all land and water area including
airspace, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant thereto or situated
thereon, fixed or mobile, including any used for
transportation.
24. "Licensed Operator" means a person employed to apply
pesticides to the lands of others under the direction of a
"licensed commercial applicator" or a "licensed commercial
not-for-hire applicator".
25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas

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or eelworms, which are unsegmented roundworms with elongated
fusiform or sac-like bodies covered with cuticle and
inhabiting soil, water, plants or plant parts.
26. "Permit" means a written statement issued by the
Director or his authorized agent, authorizing certain acts of
pesticide purchase or of pesticide use or application on an
interim basis prior to normal certification, registration, or
licensing.
27. "Person" means any individual, partnership,
association, fiduciary, corporation, or any organized group of
persons whether incorporated or not.
28. "Pest" means (a) any insect, rodent, nematode, fungus,
weed, or (b) any other form of terrestrial or aquatic plant or
animal life or virus, bacteria, or other microorganism,
excluding virus, bacteria, or other microorganism on or in
living animals including man, which the Director declares to
be a pest.
29. "Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
30. "Pesticide Dealer" means any person who distributes
registered pesticides to the user.
31. "Plant Regulator" means any substance or mixture of
substances intended through physiological action to affect the
rate of growth or maturation or otherwise alter the behavior

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of ornamental or crop plants or the produce thereof. This does
not include substances which are not intended as plant
nutrient trace elements, nutritional chemicals, plant or seed
inoculants or soil conditioners or amendments.
32. "Protect Health and Environment" means to guard
against any unreasonable adverse effects on the environment.
33. "Registrant" means a person who has registered any
pesticide pursuant to the provision of FIFRA and this Act.
34. "Restricted Use Pesticide" means any pesticide with
one or more of its uses classified as restricted by order of
the Administrator of USEPA.
35. "SLN Registration" means registration of a pesticide
for use under conditions of special local need as defined by
FIFRA.
36. "State Restricted Pesticide Use" means any pesticide
use which the Director determines, subsequent to public
hearing, that an additional restriction for that use is needed
to prevent unreasonable adverse effects.
37. "Structural Pest" means any pests which attack and
destroy buildings and other structures or which attack
clothing, stored food, commodities stored at food
manufacturing and processing facilities or manufactured and
processed goods.
38. "Unreasonable Adverse Effects on the Environment"
means the unreasonable risk to the environment, including man,
from the use of any pesticide, when taking into account

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accrued benefits of as well as the economic, social, and
environmental costs of its use.
39. "USEPA" means United States Environmental Protection
Agency.
40. "Use inconsistent with the label" means to use a
pesticide in a manner not consistent with the label
instruction, the definition adopted in FIFRA as interpreted by
USEPA shall apply in Illinois.
41. "Weed" means any plant growing in a place where it is
not wanted.
42. "Wildlife" means all living things, not human,
domestic, or pests.
43. "Bulk pesticide" means any registered pesticide which
is transported or held in an individual container in undivided
quantities of greater than 55 U.S. gallons liquid measure or
100 pounds net dry weight.
44. "Bulk repackaging" means the transfer of a registered
pesticide from one bulk container (containing undivided
quantities of greater than 100 U.S. gallons liquid measure or
100 pounds net dry weight) to another bulk container
(containing undivided quantities of greater than 100 U.S.
gallons liquid measure or 100 pounds net dry weight) in an
unaltered state in preparation for sale or distribution to
another person.
45. "Business" means any individual, partnership,
corporation or association engaged in a business operation for

SB2437 - 1648 - LRB103 26700 AMC 53063 b
the purpose of selling or distributing pesticides or providing
the service of application of pesticides in this State.
46. "Facility" means any building or structure and all
real property contiguous thereto, including all equipment
fixed thereon used for the operation of the business.
47. "Chemigation" means the application of a pesticide
through the systems or equipment employed for the primary
purpose of irrigation of land and crops.
48. "Use" means any activity covered by the pesticide
label, including, but not limited to, application of
pesticide, mixing and loading, storage of pesticides or
pesticide containers, disposal of pesticides and pesticide
containers and reentry into treated sites or areas.
(Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23;
revised 2-5-23.)
Section 610. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Section 45 as follows:
(415 ILCS 135/45)
Sec. 45. Insurance account.
(a) The insurance account shall offer financial assurance
for a qualified owner or operator of a drycleaning facility
under the terms and conditions provided for under this
Section. Coverage may be provided to either the owner or the
operator of a drycleaning facility. Neither the Agency nor the

SB2437 - 1649 - LRB103 26700 AMC 53063 b
Council is required to resolve whether the owner or operator,
or both, are responsible for a release under the terms of an
agreement between the owner and operator.
(b) The source of funds for the insurance account shall be
as follows:
(1) moneys allocated to the insurance account;
(2) moneys collected as an insurance premium,
including service fees, if any; and
(3) investment income attributed to the insurance
account.
(c) An owner or operator may purchase coverage of up to
$500,000 per drycleaning facility subject to the terms and
conditions under this Section and those adopted by the Council
before July 1, 2020 or by the Board on or after that date.
Coverage shall be limited to remedial action costs associated
with soil and groundwater contamination resulting from a
release of drycleaning solvent at an insured drycleaning
facility, including third-party liability for soil and
groundwater contamination. Coverage is not provided for a
release that occurred before the date of coverage.
(d) An owner or operator, subject to underwriting
requirements and terms and conditions deemed necessary and
convenient by the Council for periods before July 1, 2020 and
subject to terms and conditions deemed necessary and
convenient by the Board for periods on or after that date, may
purchase insurance coverage from the insurance account

SB2437 - 1650 - LRB103 26700 AMC 53063 b
provided that:
(1) a site investigation designed to identify soil and
groundwater contamination resulting from the release of a
drycleaning solvent has been completed for the drycleaning
facility to be insured and the site investigation has been
found adequate by the Council before July 1, 2020 or by the
Agency on or after that date;
(2) the drycleaning facility is participating in and
meets all drycleaning compliance program requirements
adopted by the Board pursuant to Section 12 of this Act;
(3) the drycleaning facility to be insured is licensed
under Section 60 of this Act and all fees due under that
Section have been paid;
(4) the owner or operator of the drycleaning facility
to be insured provides proof to the Agency or Council
that:
(A) all drycleaning solvent wastes generated at
the facility are managed in accordance with applicable
State waste management laws and rules;
(B) there is no discharge of wastewater from
drycleaning machines, or of drycleaning solvent from
drycleaning operations, to a sanitary sewer or septic
tank, to the surface, or in groundwater;
(C) the facility has a containment dike or other
containment structure around each machine, item of
equipment, drycleaning area, and portable waste

SB2437 - 1651 - LRB103 26700 AMC 53063 b
container in which any drycleaning solvent is
utilized, that is capable of containing leaks, spills,
or releases of drycleaning solvent from that machine,
item, area, or container, including: (i) 100% of the
drycleaning solvent in the largest tank or vessel;
(ii) 100% of the drycleaning solvent of each item of
drycleaning equipment; and (iii) 100% of the
drycleaning solvent of the largest portable waste
container or at least 10% of the total volume of the
portable waste containers stored within the
containment dike or structure, whichever is greater;
(D) those portions of diked floor surfaces at the
facility on which a drycleaning solvent may leak,
spill, or otherwise be released are sealed or
otherwise rendered impervious;
(E) all drycleaning solvent is delivered to the
facility by means of closed, direct-coupled delivery
systems; and
(F) the drycleaning facility is in compliance with
paragraph (2) of this subsection (d) of this Section;
and
(5) the owner or operator of the drycleaning facility
to be insured has paid all insurance premiums for
insurance coverage provided under this Section.
Petroleum underground storage tank systems that are in
compliance with applicable USEPA and State Fire Marshal rules,

SB2437 - 1652 - LRB103 26700 AMC 53063 b
including, but not limited to, leak detection system rules,
are exempt from the secondary containment requirement in
subparagraph (C) of paragraph (4) (3) of this subsection (d).
(e) The annual premium for insurance coverage shall be:
(1) For the year July 1, 1999 through June 30, 2000,
$250 per drycleaning facility.
(2) For the year July 1, 2000 through June 30, 2001,
$375 per drycleaning facility.
(3) For the year July 1, 2001 through June 30, 2002,
$500 per drycleaning facility.
(4) For the year July 1, 2002 through June 30, 2003,
$625 per drycleaning facility.
(5) For each subsequent program year through the
program year ending June 30, 2019, an owner or operator
applying for coverage shall pay an annual actuarially
sound actuarially-sound insurance premium for coverage by
the insurance account. The Council may approve Fund
coverage through the payment of a premium established on
an actuarially sound actuarially-sound basis, taking into
consideration the risk to the insurance account presented
by the insured. Risk factor adjustments utilized to
determine actuarially sound actuarially-sound insurance
premiums should reflect the range of risk presented by the
variety of drycleaning systems, monitoring systems,
drycleaning volume, risk management practices, and other
factors as determined by the Council. As used in this

SB2437 - 1653 - LRB103 26700 AMC 53063 b
item, "actuarially sound" is not limited to Fund premium
revenue equaling or exceeding Fund expenditures for the
general drycleaning facility population. Actuarially
determined Actuarially-determined premiums shall be
published at least 180 days prior to the premiums becoming
effective.
(6) For the year July 1, 2020 through June 30, 2021,
and for subsequent years through June 30, 2029, $1,500 per
drycleaning facility per year.
(7) For July 1, 2029 through January 1, 2030, $750 per
drycleaning facility.
(e-5) (Blank).
(e-6) (Blank).
(f) If coverage is purchased for any part of a year, the
purchaser shall pay the full annual premium. Until July 1,
2020, the insurance premium is fully earned upon issuance of
the insurance policy. Beginning July 1, 2020, coverage first
commences for a purchaser only after payment of the full
annual premium due for the applicable program year.
(g) Any insurance coverage provided under this Section
shall be subject to a $10,000 deductible.
(h) A future repeal of this Section shall not terminate
the obligations under this Section or authority necessary to
administer the obligations until the obligations are
satisfied, including, but not limited to, the payment of
claims filed prior to the effective date of any future repeal

SB2437 - 1654 - LRB103 26700 AMC 53063 b
against the insurance account until moneys in the account are
exhausted. Upon exhaustion of the moneys in the account, any
remaining claims shall be invalid. If moneys remain in the
account following satisfaction of the obligations under this
Section, the remaining moneys in and moneys due to the account
shall be deposited in the remedial action account.
(Source: P.A. 101-400, eff. 12-31-19 (See Section 5 of P.A.
101-605 for effective date of P.A. 101-400); 101-605, eff.
12-31-19; revised 6-1-22.)
Section 615. The Illinois Nuclear Safety Preparedness Act
is amended by changing Section 8 as follows:
(420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
Sec. 8. (a) The Illinois Nuclear Safety Preparedness
Program shall consist of an assessment of the potential
nuclear accidents, their radiological consequences, and the
necessary protective actions required to mitigate the effects
of such accidents. It shall include, but not necessarily be
limited to:
(1) Development of a remote effluent monitoring system
capable of reliably detecting and quantifying accidental
radioactive releases from nuclear power plants to the
environment;
(2) Development of an environmental monitoring program
for nuclear facilities other than nuclear power plants;

SB2437 - 1655 - LRB103 26700 AMC 53063 b
(3) Development of procedures for radiological
assessment and radiation exposure control for areas
surrounding each nuclear facility in Illinois;
(4) Radiological training of State state and local
emergency response personnel in accordance with the
Agency's responsibilities under the program;
(5) Participation in the development of accident
scenarios and in the exercising of fixed facility nuclear
emergency response plans;
(6) Development of mitigative emergency planning
standards including, but not limited to, standards
pertaining to evacuations, re-entry into evacuated areas,
contaminated foodstuffs and contaminated water supplies;
(7) Provision of specialized response equipment
necessary to accomplish this task;
(8) Implementation of the Boiler and Pressure Vessel
Safety program at nuclear steam-generating facilities as
mandated by Section 2005-35 of the Department of Nuclear
Safety Law, or its successor statute;
(9) Development and implementation of a plan for
inspecting and escorting all shipments of spent nuclear
fuel, high-level radioactive waste, transuranic waste, and
highway route controlled quantities of radioactive
materials in Illinois; and
(10) Implementation of the program under the Illinois
Nuclear Facility Safety Act; and .

SB2437 - 1656 - LRB103 26700 AMC 53063 b
(11) Development and implementation of a
radiochemistry laboratory capable of preparing
environmental samples, performing analyses,
quantification, and reporting for assessment and radiation
exposure control due to accidental radioactive releases
from nuclear power plants into the environment.
(b) The Agency may incorporate data collected by the
operator of a nuclear facility into the Agency's remote
monitoring system.
(c) The owners of each nuclear power reactor in Illinois
shall provide the Agency all system status signals which
initiate Emergency Action Level Declarations, actuate accident
mitigation and provide mitigation verification as directed by
the Agency. The Agency shall designate by rule those system
status signals that must be provided. Signals providing
indication of operating power level shall also be provided.
The owners of the nuclear power reactors shall, at their
expense, ensure that valid signals will be provided
continuously 24 hours a day.
All such signals shall be provided in a manner and at a
frequency specified by the Agency for incorporation into and
augmentation of the remote effluent monitoring system
specified in paragraph (1) of subsection (a) (1) of this
Section. Provision shall be made for assuring that such system
status and power level signals shall be available to the
Agency during reactor operation as well as throughout

SB2437 - 1657 - LRB103 26700 AMC 53063 b
accidents and subsequent recovery operations.
For nuclear reactors with operating licenses issued by the
Nuclear Regulatory Commission prior to the effective date of
this amendatory Act, such system status and power level
signals shall be provided to the Department of Nuclear Safety
(of which the Agency is the successor) by March 1, 1985. For
reactors without such a license on the effective date of this
amendatory Act, such signals shall be provided to the
Department prior to commencing initial fuel load for such
reactor. Nuclear reactors receiving their operating license
after September 7, 1984 (the effective date of Public Act
83-1342) this amendatory Act, but before July 1, 1985, shall
provide such system status and power level signals to the
Department of Nuclear Safety (of which the Agency is the
successor) by September 1, 1985.
(Source: P.A. 102-133, eff. 7-23-21; revised 8-24-22.)
Section 620. The Firearm Owners Identification Card Act is
amended by changing Sections 1.1, 8.3, and 9.5 as follows:
(430 ILCS 65/1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or

SB2437 - 1658 - LRB103 26700 AMC 53063 b
(2) determined by the Illinois State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;

SB2437 - 1659 - LRB103 26700 AMC 53063 b
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or

SB2437 - 1660 - LRB103 26700 AMC 53063 b
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"Developmental disability" means a severe, chronic
disability of an individual that:
(1) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
(2) is manifested before the individual attains age
22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations in 3
or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.

SB2437 - 1661 - LRB103 26700 AMC 53063 b
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency; and
(5) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic
services, individualized supports, or other forms of
assistance that are of lifelong or extended duration and
are individually planned and coordinated.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun,
or B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signaling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud

SB2437 - 1662 - LRB103 26700 AMC 53063 b
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Illinois State
Police finds by reason of the date of its manufacture,
value, design, and other characteristics is primarily a
collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signaling or safety and
required or recommended by the United States Coast Guard
or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or
exchange firearms.
"Gun show" includes the entire premises provided for an

SB2437 - 1663 - LRB103 26700 AMC 53063 b
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this
Section. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of
firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,
sell, offer for sale, transfer, or exchange any firearm.
"Intellectual disability" means significantly subaverage
general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period, which is defined as before the age of

SB2437 - 1664 - LRB103 26700 AMC 53063 b
22, that adversely affects a child's educational performance.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provides
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Noncitizen" means a person who is not a citizen of the
United States, but is a person who is a foreign-born person who
lives in the United States, has not been naturalized, and is
still a citizen of a foreign country.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental

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Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility and who poses a clear and present danger to
himself, herself, or others.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the
Firearms Restraining Order Act or a substantially similar
order issued by the court of another state, tribe, or United
States territory or military tribunal.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities
Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.

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"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health
Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
(430 ILCS 65/8.3)
Sec. 8.3. Suspension of Firearm Owner's Identification
Card. The Illinois State Police may suspend the Firearm
Owner's Identification Card of a person whose Firearm Owner's
Identification Card is subject to revocation and seizure under
this Act for the duration of the disqualification if the
disqualification is not a permanent ground grounds for
revocation of a Firearm Owner's Identification Card under this
Act. The Illinois State Police may adopt rules necessary to
implement this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; revised 8-24-22.)
(430 ILCS 65/9.5)
Sec. 9.5. Revocation of Firearm Owner's Identification
Card.
(a) A person who receives a revocation notice under

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Section 9 of this Act shall, within 48 hours of receiving
notice of the revocation:
(1) surrender his or her Firearm Owner's
Identification Card to the local law enforcement agency
where the person resides or to the Illinois State Police;
and
(2) complete a Firearm Disposition Record on a form
prescribed by the Illinois State Police and place his or
her firearms in the location or with the person reported
in the Firearm Disposition Record. The form shall require
the person to disclose:
(A) the make, model, and serial number of each
firearm owned by or under the custody and control of
the revoked person;
(B) the location where each firearm will be
maintained during the prohibited term;
(C) if any firearm will be transferred to the
custody of another person, the name, address and
Firearm Owner's Identification Card number of the
transferee; and
(D) to whom his or her Firearm Owner's
Identification Card was surrendered.
Once completed, the person shall retain a copy and
provide a copy of the Firearm Disposition Record to the
Illinois State Police.
(b) Upon confirming through the portal created under

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Section 2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois that the Firearm Owner's
Identification Card has been revoked by the Illinois State
Police, surrendered cards shall be destroyed by the law
enforcement agency receiving the cards. If a card has not been
revoked, the card shall be returned to the cardholder.
(b-5) If a court orders the surrender of a Firearm
Firearms Owner's Identification Card and accepts receipt of
the Card, the court shall destroy the Card and direct the
person whose Firearm Owner's Identification Card has been
surrendered to comply with paragraph (2) of subsection (a).
(b-10) If the person whose Firearm Owner's Identification
Card has been revoked has either lost or destroyed the Card,
the person must still comply with paragraph (2) of subsection
(a).
(b-15) A notation shall be made in the portal created
under Section 2605-304 of the Illinois State Police Law of the
Civil Administrative Code of Illinois that the revoked Firearm
Owner's Identification Card has been destroyed.
(c) If the person whose Firearm Owner's Identification
Card has been revoked fails to comply with the requirements of
this Section, the sheriff or law enforcement agency where the
person resides may petition the circuit court to issue a
warrant to search for and seize the Firearm Owner's
Identification Card and firearms in the possession or under
the custody or control of the person whose Firearm Owner's

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Identification Card has been revoked.
(d) A violation of subsection (a) of this Section is a
Class A misdemeanor.
(e) The observation of a Firearm Owner's Identification
Card in the possession of a person whose Firearm Owner's
Identification Card has been revoked constitutes a sufficient
basis for the arrest of that person for violation of this
Section.
(f) Within 30 days after July 9, 2013 (the effective date
of Public Act 98-63), the Illinois State Police shall provide
written notice of the requirements of this Section to persons
whose Firearm Owner's Identification Cards have been revoked,
suspended, or expired and who have failed to surrender their
cards to the Illinois State Police.
(g) A person whose Firearm Owner's Identification Card has
been revoked and who received notice under subsection (f)
shall comply with the requirements of this Section within 48
hours of receiving notice.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; revised 8-24-22.)
Section 625. The Lake Michigan Rescue Equipment Act is
amended by changing Section 25 as follows:
(430 ILCS 175/25)
(This Section may contain text from a Public Act with a

SB2437 - 1670 - LRB103 26700 AMC 53063 b
delayed effective date)
Sec. 25. High-incident drowning area plans. Within one
year after an owner's property becomes becoming a
high-incident drowning area, the owner shall update and
disseminate a water safety plan as well as upgrade installed
safety equipment as needed, which may include, but is not
limited to, installing equipment that automatically contacts
9-1-1 or other safety improvements.
(Source: P.A. 102-1036, eff. 6-2-23; revised 8-24-22.)
Section 630. The Herptiles-Herps Act is amended by
changing Section 100-10 as follows:
(510 ILCS 68/100-10)
Sec. 100-10. Search and seizure. Whenever any authorized
employee of the Department, sheriff, deputy sheriff, or other
peace officer office of the State has reason to believe that
any person, owner, possessor, commercial institution, pet
store, or reptile show vendor or attendee possesses any
herptile or any part or parts of a herptile contrary to the
provisions of this Act, including administrative rules, he or
she may file, or cause to be filed, a sworn complaint to that
effect before the circuit court and procure and execute a
search warrant. Upon execution of the search warrant, the
officer executing the search warrant shall make due return of
the search warrant to the court issuing the search warrant,

SB2437 - 1671 - LRB103 26700 AMC 53063 b
together with an inventory of all the herptiles or any part or
parts of a herptile taken under the search warrant. The court
shall then issue process against the party owning,
controlling, or transporting the herptile or any part of a
herptile seized, and upon its return shall proceed to
determine whether or not the herptile or any part or parts of a
herptile were held, possessed, or transported in violation of
this Act, including administrative rules. In case of a finding
that a herptile was illegally held, possessed, transported, or
sold, a judgment shall be entered against the owner or party
found in possession of the herptile or any part or parts of a
herptile for the costs of the proceeding and providing for the
disposition of the property seized, as provided for by this
Act.
(Source: P.A. 102-315, eff. 1-1-22; revised 2-28-22.)
Section 635. The Fish and Aquatic Life Code is amended by
changing Section 20-45 as follows:
(515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
Sec. 20-45. License fees for residents. Fees for licenses
for residents of the State of Illinois shall be as follows:
(a) Except as otherwise provided in this Section, for
sport fishing devices as defined in Section 10-95 or
spearing devices as defined in Section 10-110, the fee is
$14.50 for individuals 16 to 64 years old, one-half of the

SB2437 - 1672 - LRB103 26700 AMC 53063 b
current fishing license fee for individuals age 65 or
older, and, commencing with the 2012 license year,
one-half of the current fishing license fee for resident
veterans of the United States Armed Forces after returning
from service abroad or mobilization by the President of
the United States as an active duty member of the United
States Armed Forces, the Illinois National Guard, or the
Reserves of the United States Armed Forces. Veterans must
provide to the Department acceptable verification of their
service. The Department shall establish by administrative
rule the procedure by which such verification of service
shall be made to the Department for the purpose of issuing
fishing licenses to resident veterans at a reduced fee.
(a-5) The fee for all sport fishing licenses shall be
$1 for residents over 75 years of age.
(b) All residents before using any commercial fishing
device shall obtain a commercial fishing license, the fee
for which shall be $60 and a resident fishing license, the
fee for which is $14.50. Each and every commercial device
used shall be licensed by a resident commercial fisherman
as follows:
(1) For each 100 lineal yards, or fraction
thereof, of seine the fee is $18. For each minnow
seine, minnow trap, or net for commercial purposes the
fee is $20.
(2) For each device to fish with a 100 hook trot

SB2437 - 1673 - LRB103 26700 AMC 53063 b
line device, basket trap, hoop net, or dip net the fee
is $3.
(3) When used in the waters of Lake Michigan, for
the first 2000 lineal feet, or fraction thereof, of
gill net the fee is $10; and for each 1000 additional
lineal feet, or fraction thereof, the fee is $10.
These fees shall apply to all gill nets in use in the
water or on drying reels on the shore.
(4) For each 100 lineal yards, or fraction
thereof, of gill net or trammel net the fee is $18.
(c) Residents of the State of Illinois may obtain a
sportsmen's combination license that shall entitle the
holder to the same non-commercial fishing privileges as
residents holding a license as described in subsection (a)
of this Section and to the same hunting privileges as
residents holding a license to hunt all species as
described in Section 3.1 of the Wildlife Code. No
sportsmen's combination license shall be issued to any
individual who would be ineligible for either the fishing
or hunting license separately. The sportsmen's combination
license fee shall be $25.50. For residents age 65 or
older, the fee is one-half of the fee charged for a
sportsmen's combination license. For resident veterans of
the United States Armed Forces after returning from
service abroad or mobilization by the President of the
United States as an active duty member of the United

SB2437 - 1674 - LRB103 26700 AMC 53063 b
States Armed Forces, the Illinois National Guard, or the
Reserves of the United States Armed Forces, the fee,
commencing with the 2012 license year, is one-half of the
fee charged for a sportsmen's combination license.
Veterans must provide to the Department acceptable
verification of their service. The Department shall
establish by administrative rule the procedure by which
such verification of service shall be made to the
Department for the purpose of issuing sportsmen's
combination licenses to resident veterans at a reduced
fee.
(d) For 24 hours of fishing by sport fishing devices
as defined in Section 10-95 or by spearing devices as
defined in Section 10-110 the fee is $5. This license does
not exempt the licensee from the requirement for a salmon
or inland trout stamp. The licenses provided for by this
subsection are not required for residents of the State of
Illinois who have obtained the license provided for in
subsection (a) of this Section.
(e) All residents before using any commercial mussel
device shall obtain a commercial mussel license, the fee
for which shall be $50.
(f) Residents of this State, upon establishing
residency as required by the Department, may obtain a
lifetime hunting or fishing license or lifetime
sportsmen's combination license which shall entitle the

SB2437 - 1675 - LRB103 26700 AMC 53063 b
holder to the same non-commercial fishing privileges as
residents holding a license as described in paragraph (a)
of this Section and to the same hunting privileges as
residents holding a license to hunt all species as
described in Section 3.1 of the Wildlife Code. No lifetime
sportsmen's combination license shall be issued to or
retained by any individual who would be ineligible for
either the fishing or hunting license separately, either
upon issuance, or in any year a violation would subject an
individual to have either or both fishing or hunting
privileges rescinded. The lifetime hunting and fishing
license fees shall be as follows:
(1) Lifetime fishing: 30 x the current fishing
license fee.
(2) Lifetime hunting: 30 x the current hunting
license fee.
(3) Lifetime sportsmen's combination license: 30 x
the current sportsmen's combination license fee.
Lifetime licenses shall not be refundable. A $10 fee shall
be charged for reissuing any lifetime license. The Department
may establish rules and regulations for the issuance and use
of lifetime licenses and may suspend or revoke any lifetime
license issued under this Section for violations of those
rules or regulations or other provisions under this Code or ,
the Wildlife Code, or a violation of the United States Code
that involves the taking, possessing, killing, harvesting,

SB2437 - 1676 - LRB103 26700 AMC 53063 b
transportation, selling, exporting, or importing any fish or
aquatic life protected by this Code or the taking, possessing,
killing, harvesting, transportation, selling, exporting, or
importing any fauna protected by the Wildlife Code when any
part of the United States Code violation occurred in Illinois.
Individuals under 16 years of age who possess a lifetime
hunting or sportsmen's combination license shall have in their
possession, while in the field, a certificate of competency as
required under Section 3.2 of the Wildlife Code. Any lifetime
license issued under this Section shall not exempt individuals
from obtaining additional stamps or permits required under the
provisions of this Code or the Wildlife Code. Individuals
required to purchase additional stamps shall sign the stamps
and have them in their possession while fishing or hunting
with a lifetime license. All fees received from the issuance
of lifetime licenses shall be deposited in the Fish and
Wildlife Endowment Fund.
Except for licenses issued under subsection (e) of this
Section, all licenses provided for in this Section shall
expire on March 31 of each year, except that the license
provided for in subsection (d) of this Section shall expire 24
hours after the effective date and time listed on the face of
the license.
All individuals required to have and failing to have the
license provided for in subsection (a) or (d) of this Section
shall be fined according to the provisions of Section 20-35 of

SB2437 - 1677 - LRB103 26700 AMC 53063 b
this Code.
All individuals required to have and failing to have the
licenses provided for in subsections (b) and (e) of this
Section shall be guilty of a Class B misdemeanor.
(g) For the purposes of this Section, "acceptable
verification" means official documentation from the Department
of Defense or the appropriate Major Command showing
mobilization dates or service abroad dates, including: (i) a
DD-214, (ii) a letter from the Illinois Department of Military
Affairs for members of the Illinois National Guard, (iii) a
letter from the Regional Reserve Command for members of the
Armed Forces Reserve, (iv) a letter from the Major Command
covering Illinois for active duty members, (v) personnel
records for mobilized State employees, and (vi) any other
documentation that the Department, by administrative rule,
deems acceptable to establish dates of mobilization or service
abroad.
For the purposes of this Section, the term "service
abroad" means active duty service outside of the 50 United
States and the District of Columbia, and includes all active
duty service in territories and possessions of the United
States.
(Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22;
revised 7-26-22.)
Section 640. The Wildlife Code is amended by changing

SB2437 - 1678 - LRB103 26700 AMC 53063 b
Sections 1.2t and 2.33 as follows:
(520 ILCS 5/1.2t) (from Ch. 61, par. 1.2t)
Sec. 1.2t. "Wildlife" means any bird or mammal that is are
by nature wild by way of distinction from a bird or mammal
those that is are naturally tame and is are ordinarily living
unconfined in a state of nature without the care of man.
(Source: P.A. 97-431, eff. 8-16-11; revised 6-1-22.)
(520 ILCS 5/2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which

SB2437 - 1679 - LRB103 26700 AMC 53063 b
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks, or any like
device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals, or
explosives for the purpose of taking any species protected by
this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush, or other inflammable substance when it is
burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle, conveyance, or unmanned aircraft as
defined by the Illinois Aeronautics Act, except as permitted
by the Code of Federal Regulations for the taking of
waterfowl; except that nothing in this subsection shall
prohibit the use of unmanned aircraft in the inspection of a
public utility facility, tower, or structure or a mobile
service facility, tower, or structure by a public utility, as
defined in Section 3-105 of the Public Utilities Act, or a
provider of mobile services as defined in Section 153 of Title
47 of the United States Code. It is also unlawful to use the
lights of any vehicle or conveyance, any light connected to
any vehicle or conveyance, or any other lighting device or
mechanism from inside or on a vehicle or conveyance in any area

SB2437 - 1680 - LRB103 26700 AMC 53063 b
where wildlife may be found except in accordance with Section
2.37 of this Act; however, nothing in this Section shall
prohibit the normal use of headlamps for the purpose of
driving upon a roadway. For purposes of this Section, any
other lighting device or mechanism shall include, but not be
limited to, any device that uses infrared or other light not
visible to the naked eye, electronic image intensification,
active illumination, thermal imaging, or night vision. Striped
skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
may be taken during the open season by use of a small light
which is worn on the body or hand-held by a person on foot and
not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species
protected by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided
for in Section 2.26 and other species as provided for by
subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by

SB2437 - 1681 - LRB103 26700 AMC 53063 b
administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted
with a one-piece one piece plug that is irremovable without
dismantling the shotgun or otherwise altered to render it
incapable of holding more than 3 shells in the magazine and
chamber, combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance, or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may
be carried on horseback while not contained in a case, or to
have or carry any bow or arrow device in or on any vehicle
unless such bow or arrow device is unstrung or enclosed in a
case, or otherwise made inoperable unless in accordance with
the Firearm Concealed Carry Act.
(o) (Blank).

SB2437 - 1682 - LRB103 26700 AMC 53063 b
(p) It is unlawful to take game birds, migratory game
birds or migratory waterfowl with a rifle, pistol, revolver,
or air rifle.
(q) It is unlawful to fire a rifle, pistol, revolver, or
air rifle on, over, or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, or allow a dog
to hunt, within or upon the land of another, or upon waters
flowing over or standing on the land of another, or to
knowingly shoot a gun or bow and arrow device at any wildlife
physically on or flying over the property of another without
first obtaining permission from the owner or the owner's
designee. For the purposes of this Section, the owner's
designee means anyone who the owner designates in a written
authorization and the authorization must contain (i) the legal
or common description of property for which such authority is
given, (ii) the extent that the owner's designee is authorized
to make decisions regarding who is allowed to take or attempt
to take any species of wildlife or parts thereof, and (iii) the

SB2437 - 1683 - LRB103 26700 AMC 53063 b
owner's notarized signature. Before enforcing this Section,
the law enforcement officer must have received notice from the
owner or the owner's designee of a violation of this Section.
Statements made to the law enforcement officer regarding this
notice shall not be rendered inadmissible by the hearsay rule
when offered for the purpose of showing the required notice.
(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or allow a dog to hunt, within
300 yards of an inhabited dwelling without first obtaining
permission from the owner or tenant, except that while
trapping, hunting with bow and arrow, hunting with dog and
shotgun using shot shells only, or hunting with shotgun using
shot shells only, or providing outfitting services under a
waterfowl outfitter permit, or on licensed game breeding and
hunting preserve areas, as defined in Section 3.27, on
federally owned and managed lands and on Department owned,
managed, leased, or controlled lands, a 100 yard restriction
shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to allow his or
her dog to pursue, harass, or kill deer, except that nothing in
this Section shall prohibit the tracking of wounded deer with

SB2437 - 1684 - LRB103 26700 AMC 53063 b
a dog in accordance with the provisions of Section 2.26 of this
Code.
(x) It is unlawful for any person to wantonly or
carelessly injure or destroy, in any manner whatsoever, any
real or personal property on the land of another while engaged
in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act
between one-half one half hour after sunset and one-half one
half hour before sunrise, except that hunting hours between
one-half one half hour after sunset and one-half one half hour
before sunrise may be established by administrative rule for
fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight
and otherwise irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person from
carrying an uncased, unloaded shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that is incapable of
normal flight, for the purpose of attempting to reduce the
migratory waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using

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shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting
fur-bearing mammals, excluding coyotes. However, coyotes may
not be hunted utilizing these devices during open season for
deer except by properly licensed deer hunters.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Sections 2.25 and
2.26 and administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color or solid
blaze pink color, with such articles of clothing displaying a

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minimum of 400 square inches of blaze orange or solid blaze
pink color material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color or
solid blaze pink color. For purposes of this Act, upland game
is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
Pheasant, Eastern Cottontail, and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and
include such in the bag limit. It shall be unlawful for any
person having control over harvested game mammals, game birds,
or migratory game birds for which there is a bag limit to
wantonly waste or destroy the usable meat of the game, except
this shall not apply to wildlife taken under Sections 2.37 or
3.22 of this Code. For purposes of this subsection, "usable
meat" means the breast meat of a game bird or migratory game
bird and the hind ham and front shoulders of a game mammal. It
shall be unlawful for any person to place, leave, dump, or
abandon a wildlife carcass or parts of it along or upon a
public right-of-way or highway or on public or private
property, including a waterway or stream, without the
permission of the owner or tenant. It shall not be unlawful to
discard game meat that is determined to be unfit for human
consumption.

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(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36, and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
persons with disabilities who meet the requirements set forth
in administrative rule to shoot or hunt from a vehicle as
provided by that rule, provided that such is otherwise in
accord with this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of

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wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts are is indigenous to Illinois. For the
purposes of this subsection, the statute of limitations for
unlawful possession of wildlife or wildlife parts shall not
cease until 2 years after the possession has permanently
ended.
(oo) It is unlawful while deer hunting:
(1) to possess or be in close proximity to a rifle that
is not centerfire; or
(2) to be in possession of or in close proximity to a
magazine that is capable of making a rifle not a single
shot.
(Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
102-932, eff. 1-1-23; revised 12-14-22.)
Section 645. The Wildlife Habitat Management Areas Act is
amended by changing Section 20 as follows:
(520 ILCS 20/20) (from Ch. 61, par. 237)
Sec. 20. In connection with their official duties, it is
lawful for any member of the Department, or any employee
employe or duly appointed agent thereof, to go upon a Wildlife
Habitat Management Area, restricted or open, at any time of
the year with or without firearms, traps, or dogs.
(Source: Laws 1961, p. 2296; revised 8-22-22.)

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Section 650. The Illinois Highway Code is amended by
changing Section 2-201 as follows:
(605 ILCS 5/2-201) (from Ch. 121, par. 2-201)
Sec. 2-201. The terms used in this Code shall, for the
purposes of this Code, have the meanings ascribed to them in
this Division of this Article, except when the context
otherwise requires.
(Source: Laws 1959, p. 196; revised 2-28-22.)
Section 655. The Expressway Camera Act is amended by
changing Section 5 as follows:
(605 ILCS 140/5)
(Section scheduled to be repealed on July 1, 2025)
Sec. 5. Camera program.
(a) The Illinois State Police, the Illinois Department of
Transportation, and the Illinois State Toll Highway Authority
shall work together to conduct a program to increase the
amount of cameras along (i) expressways and the State highway
system in the counties of Boone, Bureau, Champaign, Cook,
DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle,
Macon, Madison, McHenry, Morgan, Peoria, Rock Island,
Sangamon, St. Clair, Will, and Winnebago and (ii)
Jean-Baptiste Pointe DuSable Lake Shore Drive in Cook County.

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Within 90 days after June 3, 2022 (the effective date of Public
Act 102-1042) this amendatory Act of the 102nd General
Assembly, details about the program objectives, counties where
the program is operational, and policies under which the
program operates shall be made publicly available and posted
online.
(b) Images from the cameras may be extracted by any
authorized user and used by any municipal police department,
county sheriff's office, State Police officer, or other law
enforcement agency with jurisdiction in the investigation of
any offenses involving vehicular hijacking, aggravated
vehicular hijacking, terrorism, motor vehicle theft, or any
forcible felony, including, but not limited to, offenses
involving the use of a firearm; to detect expressway hazards
and highway conditions; and to facilitate highway safety and
incident management. Images from the cameras shall not be used
to enforce petty offenses or offenses not listed in this
subsection, unless use of the images pertains to expressway or
highway safety or hazards. Images from the cameras may be used
by any law enforcement agency conducting an active law
enforcement investigation. All images from the cameras shall
be deleted within 120 days, unless the images are relevant to
an ongoing investigation or pending criminal trial. Cameras
shall not be used to monitor individuals or groups in a
discriminatory manner contrary to applicable State or federal
law.

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(b-5) By June 30th of each year, the Illinois State
Police, the Illinois Department of Transportation, and the
Illinois State Toll Highway Authority shall issue a joint
report to the General Assembly detailing the program
operations, including, but not limited to:
(1) the cost of installation of cameras by county;
(2) the cost of ongoing maintenance of the camera
systems per county, including electrical costs and data
transfer costs;
(3) the number of inquiries where the investigation
involved the criminal offenses outlined in subsection (b);
and
(4) the number of incidents in which law enforcement
searched the stored data for the criminal offenses
outlined in subsection (b).
(c) Subject to appropriation, any funds needed to conduct
the program for use on the expressways or State highway system
under the jurisdiction of the Department of Transportation
shall be taken from the Road Fund and shall be included in
requests for qualification processes. Any funds needed to
conduct the program for use on expressways under the
jurisdiction of the Illinois State Toll Highway Authority
shall be paid for by funds from the Illinois State Tollway
Highway Authority and shall be included in requests for
qualification processes.
(c-5) Any forcible felony, gunrunning, or firearms

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trafficking offense, as defined in Section 2-8, 24-3a, or
24-3b of the Criminal Code of 2012, respectively, committed on
an expressway monitored by a camera system funded by money
from the Road Fund and investigated by officers of the
Illinois State Police may be prosecuted by the Attorney
General or the State's Attorney where the offense was
committed.
(d) (Blank).
(Source: P.A. 101-42, eff. 1-1-20; 102-1042, eff. 6-3-22;
102-1043, eff. 6-3-22; revised 7-26-22.)
Section 660. The Railroad Incorporation Act is amended by
changing Section 13a as follows:
(610 ILCS 5/13a) (from Ch. 114, par. 13a)
Sec. 13a. Any railroad corporation may, with the consent
of the stockholders hereinafter stated, issue and sell,
subject, however, to the provisions of the Illinois Securities
Law and amendments thereto, under such restrictions and terms
and for such consideration as the stockholders shall
authorize, any part or all of its unissued stock, or
additional stock authorized pursuant to the provisions of this
Act, to employees employes of the corporation or of any
subsidiary corporation, without first offering such stock for
subscription to its stockholders. Such consent and
authorization may be given at any annual or special meeting of

SB2437 - 1693 - LRB103 26700 AMC 53063 b
the stockholders by the affirmative vote of two-thirds in
amount of all the shares of stock outstanding and entitled to
vote. If any stockholder not voting in favor of said issue and
sale of stock to employees employes, so desires, he may, at
such meeting, or within twenty days thereafter, object thereto
in writing, to be filed with the secretary of the corporation,
and demand payment for the stock then held by him, in which
case such stockholder or the corporation may at any time
within sixty days after such meeting file a petition in the
Circuit Court of the county in which the principal office of
the corporation is located, asking for a finding and
determination of the fair value of his shares of stock at the
date of such stockholders' meeting.
The same procedure shall be followed upon the filing of
such a petition, as near as may be, as is provided for other
cases where a stockholder, who objects to a certain action of a
corporation, is permitted to have the value of his stock fixed
by the Circuit Court and is given the power to compel the
corporation to buy the stock at that price. The value of such
shares of stock at such date shall be their market value in
case the stock of such corporation is listed upon any
exchange. Upon payment by the corporation of the value of such
shares of stock so determined, such stockholder shall cease to
have any interest in such shares or in the property of the
corporation and his shares of stock shall be transferred to
and may be held and disposed of by the corporation as it shall

SB2437 - 1694 - LRB103 26700 AMC 53063 b
see fit. The corporation shall be liable for and shall pay to
any such objecting stockholder the value of his shares of
stock so determined.
(Source: Laws 1925, p. 513; revised 8-22-22.)
Section 665. The Illinois Vehicle Code is amended by
changing Sections 4-203, 5-101.1, 6-107, 6-206, 6-514, 7-328,
7-329, 11-208.6, 11-208.9, 11-506, 11-605, and 12-215 as
follows:
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
(Text of Section before amendment by P.A. 102-982)
Sec. 4-203. Removal of motor vehicles or other vehicles;
towing or hauling away.
(a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
(b) When a vehicle is abandoned on a highway in an urban
district for 10 hours or more, its removal by a towing service
may be authorized by a law enforcement agency having
jurisdiction.
(c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law

SB2437 - 1695 - LRB103 26700 AMC 53063 b
enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned, or
partially dismantled vehicle is creating a traffic hazard
because of its position in relation to the highway or its
physical appearance is causing the impeding of traffic, its
immediate removal from the highway or private property
adjacent to the highway by a towing service may be authorized
by a law enforcement agency having jurisdiction.
(e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance is likely,
upon release, to commit a subsequent violation of Section
11-501, or a similar provision of a local ordinance, the
arresting officer shall have the vehicle which the person was
operating at the time of the arrest impounded for a period of
12 hours after the time of arrest. However, such vehicle may be
released by the arresting law enforcement agency prior to the
end of the impoundment period if:
(1) the vehicle was not owned by the person under
arrest, and the lawful owner requesting such release
possesses a valid operator's license, proof of ownership,
and would not, as determined by the arresting law
enforcement agency, indicate a lack of ability to operate
a motor vehicle in a safe manner, or who would otherwise,
by operating such motor vehicle, be in violation of this
Code; or

SB2437 - 1696 - LRB103 26700 AMC 53063 b
(2) the vehicle is owned by the person under arrest,
and the person under arrest gives permission to another
person to operate such vehicle, provided however, that the
other person possesses a valid operator's license and
would not, as determined by the arresting law enforcement
agency, indicate a lack of ability to operate a motor
vehicle in a safe manner or who would otherwise, by
operating such motor vehicle, be in violation of this
Code.
(e-5) Whenever a registered owner of a vehicle is taken
into custody for operating the vehicle in violation of Section
11-501 of this Code or a similar provision of a local ordinance
or Section 6-303 of this Code, a law enforcement officer may
have the vehicle immediately impounded for a period not less
than:
(1) 24 hours for a second violation of Section 11-501
of this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses; or
(2) 48 hours for a third violation of Section 11-501
of this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses.
The vehicle may be released sooner if the vehicle is owned
by the person under arrest and the person under arrest gives
permission to another person to operate the vehicle and that

SB2437 - 1697 - LRB103 26700 AMC 53063 b
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a safe
manner or would otherwise, by operating the motor vehicle, be
in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the
owner or lessor of privately owned real property within this
State, or any person authorized by such owner or lessor, or any
law enforcement agency in the case of publicly owned real
property may cause any motor vehicle abandoned or left
unattended upon such property without permission to be removed
by a towing service without liability for the costs of
removal, transportation or storage or damage caused by such
removal, transportation or storage. The towing or removal of
any vehicle from private property without the consent of the
registered owner or other legally authorized person in control
of the vehicle is subject to compliance with the following
conditions and restrictions:
1. Any towed or removed vehicle must be stored at the
site of the towing service's place of business. The site
must be open during business hours, and for the purpose of
redemption of vehicles, during the time that the person or
firm towing such vehicle is open for towing purposes.
2. The towing service shall within 30 minutes of
completion of such towing or removal, notify the law
enforcement agency having jurisdiction of such towing or

SB2437 - 1698 - LRB103 26700 AMC 53063 b
removal, and the make, model, color, and license plate
number of the vehicle, and shall obtain and record the
name of the person at the law enforcement agency to whom
such information was reported.
3. If the registered owner or legally authorized
person entitled to possession of the vehicle shall arrive
at the scene prior to actual removal or towing of the
vehicle, the vehicle shall be disconnected from the tow
truck and that person shall be allowed to remove the
vehicle without interference, upon the payment of a
reasonable service fee of not more than one-half one half
the posted rate of the towing service as provided in
paragraph 6 of this subsection, for which a receipt shall
be given.
4. The rebate or payment of money or any other
valuable consideration from the towing service or its
owners, managers, or employees to the owners or operators
of the premises from which the vehicles are towed or
removed, for the privilege of removing or towing those
vehicles, is prohibited. Any individual who violates this
paragraph shall be guilty of a Class A misdemeanor.
5. Except for property appurtenant to and obviously a
part of a single family residence, and except for
instances where notice is personally given to the owner or
other legally authorized person in control of the vehicle
that the area in which that vehicle is parked is reserved

SB2437 - 1699 - LRB103 26700 AMC 53063 b
or otherwise unavailable to unauthorized vehicles and they
are subject to being removed at the owner or operator's
expense, any property owner or lessor, prior to towing or
removing any vehicle from private property without the
consent of the owner or other legally authorized person in
control of that vehicle, must post a notice meeting the
following requirements:
a. Except as otherwise provided in subparagraph
a.1 of this subdivision (f)5, the notice must be
prominently placed at each driveway access or curb cut
allowing vehicular access to the property within 5
feet from the public right-of-way line. If there are
no curbs or access barriers, the sign must be posted
not less than one sign each 100 feet of lot frontage.
a.1. In a municipality with a population of less
than 250,000, as an alternative to the requirement of
subparagraph a of this subdivision (f)5, the notice
for a parking lot contained within property used
solely for a 2-family, 3-family, or 4-family residence
may be prominently placed at the perimeter of the
parking lot, in a position where the notice is visible
to the occupants of vehicles entering the lot.
b. The notice must indicate clearly, in not less
than 2 inch high light-reflective letters on a
contrasting background, that unauthorized vehicles
will be towed away at the owner's expense.

SB2437 - 1700 - LRB103 26700 AMC 53063 b
c. The notice must also provide the name and
current telephone number of the towing service towing
or removing the vehicle.
d. The sign structure containing the required
notices must be permanently installed with the bottom
of the sign not less than 4 feet above ground level,
and must be continuously maintained on the property
for not less than 24 hours prior to the towing or
removing of any vehicle.
6. Any towing service that tows or removes vehicles
and proposes to require the owner, operator, or person in
control of the vehicle to pay the costs of towing and
storage prior to redemption of the vehicle must file and
keep on record with the local law enforcement agency a
complete copy of the current rates to be charged for such
services, and post at the storage site an identical rate
schedule and any written contracts with property owners,
lessors, or persons in control of property which authorize
them to remove vehicles as provided in this Section. The
towing and storage charges, however, shall not exceed the
maximum allowed by the Illinois Commerce Commission under
Section 18a-200.
7. No person shall engage in the removal of vehicles
from private property as described in this Section without
filing a notice of intent in each community where he
intends to do such removal, and such notice shall be filed

SB2437 - 1701 - LRB103 26700 AMC 53063 b
at least 7 days before commencing such towing.
8. No removal of a vehicle from private property shall
be done except upon express written instructions of the
owners or persons in charge of the private property upon
which the vehicle is said to be trespassing.
9. Vehicle entry for the purpose of removal shall be
allowed with reasonable care on the part of the person or
firm towing the vehicle. Such person or firm shall be
liable for any damages occasioned to the vehicle if such
entry is not in accordance with the standards of
reasonable care.
9.5. Except as authorized by a law enforcement
officer, no towing service shall engage in the removal of
a commercial motor vehicle that requires a commercial
driver's license to operate by operating the vehicle under
its own power on a highway.
10. When a vehicle has been towed or removed pursuant
to this Section, it must be released to its owner,
custodian, agent, or lienholder within one-half one half
hour after requested, if such request is made during
business hours. Any vehicle owner, custodian, agent, or
lienholder shall have the right to inspect the vehicle
before accepting its return, and no release or waiver of
any kind which would release the towing service from
liability for damages incurred during the towing and
storage may be required from any vehicle owner or other

SB2437 - 1702 - LRB103 26700 AMC 53063 b
legally authorized person as a condition of release of the
vehicle. A detailed, signed receipt showing the legal name
of the towing service must be given to the person paying
towing or storage charges at the time of payment, whether
requested or not.
This Section shall not apply to law enforcement,
firefighting, rescue, ambulance, or other emergency
vehicles which are marked as such or to property owned by
any governmental entity.
When an authorized person improperly causes a motor
vehicle to be removed, such person shall be liable to the
owner or lessee of the vehicle for the cost of or removal,
transportation and storage, any damages resulting from the
removal, transportation and storage, attorney's fee and
court costs.
Any towing or storage charges accrued shall be payable
in cash or by cashier's check, certified check, debit
card, credit card, or wire transfer, at the option of the
party taking possession of the vehicle.
11. Towing companies shall also provide insurance
coverage for areas where vehicles towed under the
provisions of this Chapter will be impounded or otherwise
stored, and shall adequately cover loss by fire, theft, or
other risks.
Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C

SB2437 - 1703 - LRB103 26700 AMC 53063 b
misdemeanor and shall be fined not less than $100 nor more than
$500.
(g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code or Section 5-12002.1 of the Counties
Code, its removal and impoundment by a towing service may be
authorized by a law enforcement agency with appropriate
jurisdiction.
(2) When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
(3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service authorized by a law enforcement agency in compliance
with this Section and Sections 4-201 and 4-202 of this Code, or
at the request of the vehicle owner or operator, shall be
subject to a possessor lien for services pursuant to the Labor
and Storage Lien (Small Amount) Act. The provisions of Section
1 of that Act relating to notice and implied consent shall be
deemed satisfied by compliance with Section 18a-302 and
subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance
with subsection (6) of Section 18a-200 of this Code. In no
event shall such lien be increased or altered to reflect any
charge for services or materials rendered in addition to those

SB2437 - 1704 - LRB103 26700 AMC 53063 b
authorized by this Code. Every such lien shall be payable in
cash or by cashier's check, certified check, debit card,
credit card, or wire transfer, at the option of the party
taking possession of the vehicle.
(4) Any personal property belonging to the vehicle owner
in a vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: child
restraint systems as defined in Section 4 of the Child
Passenger Protection Act and other child booster seats;
eyeglasses; food; medicine; perishable property; any
operator's licenses; any cash, credit cards, or checks or
checkbooks; any wallet, purse, or other property containing
any operator's license or other identifying documents or
materials, cash, credit cards, checks, or checkbooks; and any
personal property belonging to a person other than the vehicle
owner if that person provides adequate proof that the personal
property belongs to that person. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property excepted under this paragraph (4) if the
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner.
(5) This paragraph (5) applies only in the case of a
vehicle that is towed as a result of being involved in an
accident. In addition to the personal property excepted under
paragraph (4), all other personal property in a vehicle

SB2437 - 1705 - LRB103 26700 AMC 53063 b
subject to a lien under this subsection (g) is exempt from that
lien and may be claimed by the vehicle owner if the vehicle
owner provides the commercial vehicle relocator or towing
service with proof that the vehicle owner has an insurance
policy covering towing and storage fees. The spouse, child,
mother, father, brother, or sister of the vehicle owner may
claim personal property in a vehicle subject to a lien under
this subsection (g) if the person claiming the personal
property provides the commercial vehicle relocator or towing
service with the authorization of the vehicle owner and proof
that the vehicle owner has an insurance policy covering towing
and storage fees. The regulation of liens on personal property
and exceptions to those liens in the case of vehicles towed as
a result of being involved in an accident are exclusive powers
and functions of the State. A home rule unit may not regulate
liens on personal property and exceptions to those liens in
the case of vehicles towed as a result of being involved in an
accident. This paragraph (5) is a denial and limitation of
home rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
(6) No lien under this subsection (g) shall: exceed $2,000
in its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code.
(h) Whenever a peace officer issues a citation to a driver
for a violation of subsection (a) of Section 11-506 of this

SB2437 - 1706 - LRB103 26700 AMC 53063 b
Code, the arresting officer may have the vehicle which the
person was operating at the time of the arrest impounded for a
period of 5 days after the time of arrest. An impounding agency
shall release a motor vehicle impounded under this subsection
(h) to the registered owner of the vehicle under any of the
following circumstances:
(1) if If the vehicle is a stolen vehicle; or
(2) if If the person ticketed for a violation of
subsection (a) of Section 11-506 of this Code was not
authorized by the registered owner of the vehicle to
operate the vehicle at the time of the violation; or
(3) if If the registered owner of the vehicle was
neither the driver nor a passenger in the vehicle at the
time of the violation or was unaware that the driver was
using the vehicle to engage in street racing; or
(4) if If the legal owner or registered owner of the
vehicle is a rental car agency; or
(5) if If, prior to the expiration of the impoundment
period specified above, the citation is dismissed or the
defendant is found not guilty of the offense.
(i) Except for vehicles exempted under subsection (b) of
Section 7-601 of this Code, whenever a law enforcement officer
issues a citation to a driver for a violation of Section 3-707
of this Code, and the driver has a prior conviction for a
violation of Section 3-707 of this Code in the past 12 months,
the arresting officer shall authorize the removal and

SB2437 - 1707 - LRB103 26700 AMC 53063 b
impoundment of the vehicle by a towing service.
(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
100-537, eff. 6-1-18; 100-863, eff. 8-14-18; revised 8-26-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 4-203. Removal of motor vehicles or other vehicles;
towing or hauling away.
(a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
(b) When a vehicle is abandoned on a highway in an urban
district for 10 hours or more, its removal by a towing service
may be authorized by a law enforcement agency having
jurisdiction.
(c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned, or
partially dismantled vehicle is creating a traffic hazard
because of its position in relation to the highway or its
physical appearance is causing the impeding of traffic, its
immediate removal from the highway or private property
adjacent to the highway by a towing service may be authorized

SB2437 - 1708 - LRB103 26700 AMC 53063 b
by a law enforcement agency having jurisdiction.
(e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance is likely,
upon release, to commit a subsequent violation of Section
11-501, or a similar provision of a local ordinance, the
arresting officer shall have the vehicle which the person was
operating at the time of the arrest impounded for a period of
12 hours after the time of arrest. However, such vehicle may be
released by the arresting law enforcement agency prior to the
end of the impoundment period if:
(1) the vehicle was not owned by the person under
arrest, and the lawful owner requesting such release
possesses a valid operator's license, proof of ownership,
and would not, as determined by the arresting law
enforcement agency, indicate a lack of ability to operate
a motor vehicle in a safe manner, or who would otherwise,
by operating such motor vehicle, be in violation of this
Code; or
(2) the vehicle is owned by the person under arrest,
and the person under arrest gives permission to another
person to operate such vehicle, provided however, that the
other person possesses a valid operator's license and
would not, as determined by the arresting law enforcement
agency, indicate a lack of ability to operate a motor
vehicle in a safe manner or who would otherwise, by

SB2437 - 1709 - LRB103 26700 AMC 53063 b
operating such motor vehicle, be in violation of this
Code.
(e-5) Whenever a registered owner of a vehicle is taken
into custody for operating the vehicle in violation of Section
11-501 of this Code or a similar provision of a local ordinance
or Section 6-303 of this Code, a law enforcement officer may
have the vehicle immediately impounded for a period not less
than:
(1) 24 hours for a second violation of Section 11-501
of this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses; or
(2) 48 hours for a third violation of Section 11-501
of this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses.
The vehicle may be released sooner if the vehicle is owned
by the person under arrest and the person under arrest gives
permission to another person to operate the vehicle and that
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a safe
manner or would otherwise, by operating the motor vehicle, be
in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the
owner or lessor of privately owned real property within this

SB2437 - 1710 - LRB103 26700 AMC 53063 b
State, or any person authorized by such owner or lessor, or any
law enforcement agency in the case of publicly owned real
property may cause any motor vehicle abandoned or left
unattended upon such property without permission to be removed
by a towing service without liability for the costs of
removal, transportation or storage or damage caused by such
removal, transportation or storage. The towing or removal of
any vehicle from private property without the consent of the
registered owner or other legally authorized person in control
of the vehicle is subject to compliance with the following
conditions and restrictions:
1. Any towed or removed vehicle must be stored at the
site of the towing service's place of business. The site
must be open during business hours, and for the purpose of
redemption of vehicles, during the time that the person or
firm towing such vehicle is open for towing purposes.
2. The towing service shall within 30 minutes of
completion of such towing or removal, notify the law
enforcement agency having jurisdiction of such towing or
removal, and the make, model, color, and license plate
number of the vehicle, and shall obtain and record the
name of the person at the law enforcement agency to whom
such information was reported.
3. If the registered owner or legally authorized
person entitled to possession of the vehicle shall arrive
at the scene prior to actual removal or towing of the

SB2437 - 1711 - LRB103 26700 AMC 53063 b
vehicle, the vehicle shall be disconnected from the tow
truck and that person shall be allowed to remove the
vehicle without interference, upon the payment of a
reasonable service fee of not more than one-half one half
the posted rate of the towing service as provided in
paragraph 6 of this subsection, for which a receipt shall
be given.
4. The rebate or payment of money or any other
valuable consideration from the towing service or its
owners, managers, or employees to the owners or operators
of the premises from which the vehicles are towed or
removed, for the privilege of removing or towing those
vehicles, is prohibited. Any individual who violates this
paragraph shall be guilty of a Class A misdemeanor.
5. Except for property appurtenant to and obviously a
part of a single family residence, and except for
instances where notice is personally given to the owner or
other legally authorized person in control of the vehicle
that the area in which that vehicle is parked is reserved
or otherwise unavailable to unauthorized vehicles and they
are subject to being removed at the owner or operator's
expense, any property owner or lessor, prior to towing or
removing any vehicle from private property without the
consent of the owner or other legally authorized person in
control of that vehicle, must post a notice meeting the
following requirements:

SB2437 - 1712 - LRB103 26700 AMC 53063 b
a. Except as otherwise provided in subparagraph
a.1 of this subdivision (f)5, the notice must be
prominently placed at each driveway access or curb cut
allowing vehicular access to the property within 5
feet from the public right-of-way line. If there are
no curbs or access barriers, the sign must be posted
not less than one sign each 100 feet of lot frontage.
a.1. In a municipality with a population of less
than 250,000, as an alternative to the requirement of
subparagraph a of this subdivision (f)5, the notice
for a parking lot contained within property used
solely for a 2-family, 3-family, or 4-family residence
may be prominently placed at the perimeter of the
parking lot, in a position where the notice is visible
to the occupants of vehicles entering the lot.
b. The notice must indicate clearly, in not less
than 2 inch high light-reflective letters on a
contrasting background, that unauthorized vehicles
will be towed away at the owner's expense.
c. The notice must also provide the name and
current telephone number of the towing service towing
or removing the vehicle.
d. The sign structure containing the required
notices must be permanently installed with the bottom
of the sign not less than 4 feet above ground level,
and must be continuously maintained on the property

SB2437 - 1713 - LRB103 26700 AMC 53063 b
for not less than 24 hours prior to the towing or
removing of any vehicle.
6. Any towing service that tows or removes vehicles
and proposes to require the owner, operator, or person in
control of the vehicle to pay the costs of towing and
storage prior to redemption of the vehicle must file and
keep on record with the local law enforcement agency a
complete copy of the current rates to be charged for such
services, and post at the storage site an identical rate
schedule and any written contracts with property owners,
lessors, or persons in control of property which authorize
them to remove vehicles as provided in this Section. The
towing and storage charges, however, shall not exceed the
maximum allowed by the Illinois Commerce Commission under
Section 18a-200.
7. No person shall engage in the removal of vehicles
from private property as described in this Section without
filing a notice of intent in each community where he
intends to do such removal, and such notice shall be filed
at least 7 days before commencing such towing.
8. No removal of a vehicle from private property shall
be done except upon express written instructions of the
owners or persons in charge of the private property upon
which the vehicle is said to be trespassing.
9. Vehicle entry for the purpose of removal shall be
allowed with reasonable care on the part of the person or

SB2437 - 1714 - LRB103 26700 AMC 53063 b
firm towing the vehicle. Such person or firm shall be
liable for any damages occasioned to the vehicle if such
entry is not in accordance with the standards of
reasonable care.
9.5. Except as authorized by a law enforcement
officer, no towing service shall engage in the removal of
a commercial motor vehicle that requires a commercial
driver's license to operate by operating the vehicle under
its own power on a highway.
10. When a vehicle has been towed or removed pursuant
to this Section, it must be released to its owner,
custodian, agent, or lienholder within one-half one half
hour after requested, if such request is made during
business hours. Any vehicle owner, custodian, agent, or
lienholder shall have the right to inspect the vehicle
before accepting its return, and no release or waiver of
any kind which would release the towing service from
liability for damages incurred during the towing and
storage may be required from any vehicle owner or other
legally authorized person as a condition of release of the
vehicle. A detailed, signed receipt showing the legal name
of the towing service must be given to the person paying
towing or storage charges at the time of payment, whether
requested or not.
This Section shall not apply to law enforcement,
firefighting, rescue, ambulance, or other emergency

SB2437 - 1715 - LRB103 26700 AMC 53063 b
vehicles which are marked as such or to property owned by
any governmental entity.
When an authorized person improperly causes a motor
vehicle to be removed, such person shall be liable to the
owner or lessee of the vehicle for the cost of or removal,
transportation and storage, any damages resulting from the
removal, transportation and storage, attorney's fee and
court costs.
Any towing or storage charges accrued shall be payable
in cash or by cashier's check, certified check, debit
card, credit card, or wire transfer, at the option of the
party taking possession of the vehicle.
11. Towing companies shall also provide insurance
coverage for areas where vehicles towed under the
provisions of this Chapter will be impounded or otherwise
stored, and shall adequately cover loss by fire, theft, or
other risks.
Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C
misdemeanor and shall be fined not less than $100 nor more than
$500.
(g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code or Section 5-12002.1 of the Counties
Code, its removal and impoundment by a towing service may be
authorized by a law enforcement agency with appropriate

SB2437 - 1716 - LRB103 26700 AMC 53063 b
jurisdiction.
(2) When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
(3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service authorized by a law enforcement agency in compliance
with this Section and Sections 4-201 and 4-202 of this Code, or
at the request of the vehicle owner or operator, shall be
subject to a possessor lien for services pursuant to the Labor
and Storage Lien (Small Amount) Act. The provisions of Section
1 of that Act relating to notice and implied consent shall be
deemed satisfied by compliance with Section 18a-302 and
subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance
with subsection (6) of Section 18a-200 of this Code. In no
event shall such lien be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code. Every such lien shall be payable in
cash or by cashier's check, certified check, debit card,
credit card, or wire transfer, at the option of the party
taking possession of the vehicle.
(4) Any personal property belonging to the vehicle owner
in a vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: child

SB2437 - 1717 - LRB103 26700 AMC 53063 b
restraint systems as defined in Section 4 of the Child
Passenger Protection Act and other child booster seats;
eyeglasses; food; medicine; perishable property; any
operator's licenses; any cash, credit cards, or checks or
checkbooks; any wallet, purse, or other property containing
any operator's license or other identifying documents or
materials, cash, credit cards, checks, or checkbooks; and any
personal property belonging to a person other than the vehicle
owner if that person provides adequate proof that the personal
property belongs to that person. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property excepted under this paragraph (4) if the
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner.
(5) This paragraph (5) applies only in the case of a
vehicle that is towed as a result of being involved in a crash.
In addition to the personal property excepted under paragraph
(4), all other personal property in a vehicle subject to a lien
under this subsection (g) is exempt from that lien and may be
claimed by the vehicle owner if the vehicle owner provides the
commercial vehicle relocator or towing service with proof that
the vehicle owner has an insurance policy covering towing and
storage fees. The spouse, child, mother, father, brother, or
sister of the vehicle owner may claim personal property in a
vehicle subject to a lien under this subsection (g) if the

SB2437 - 1718 - LRB103 26700 AMC 53063 b
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner and proof that the vehicle owner has an
insurance policy covering towing and storage fees. The
regulation of liens on personal property and exceptions to
those liens in the case of vehicles towed as a result of being
involved in a crash are exclusive powers and functions of the
State. A home rule unit may not regulate liens on personal
property and exceptions to those liens in the case of vehicles
towed as a result of being involved in a crash. This paragraph
(5) is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(6) No lien under this subsection (g) shall: exceed $2,000
in its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code.
(h) Whenever a peace officer issues a citation to a driver
for a violation of subsection (a) of Section 11-506 of this
Code, the arresting officer may have the vehicle which the
person was operating at the time of the arrest impounded for a
period of 5 days after the time of arrest. An impounding agency
shall release a motor vehicle impounded under this subsection
(h) to the registered owner of the vehicle under any of the
following circumstances:
(1) if If the vehicle is a stolen vehicle; or

SB2437 - 1719 - LRB103 26700 AMC 53063 b
(2) if If the person ticketed for a violation of
subsection (a) of Section 11-506 of this Code was not
authorized by the registered owner of the vehicle to
operate the vehicle at the time of the violation; or
(3) if If the registered owner of the vehicle was
neither the driver nor a passenger in the vehicle at the
time of the violation or was unaware that the driver was
using the vehicle to engage in street racing; or
(4) if If the legal owner or registered owner of the
vehicle is a rental car agency; or
(5) if If, prior to the expiration of the impoundment
period specified above, the citation is dismissed or the
defendant is found not guilty of the offense.
(i) Except for vehicles exempted under subsection (b) of
Section 7-601 of this Code, whenever a law enforcement officer
issues a citation to a driver for a violation of Section 3-707
of this Code, and the driver has a prior conviction for a
violation of Section 3-707 of this Code in the past 12 months,
the arresting officer shall authorize the removal and
impoundment of the vehicle by a towing service.
(Source: P.A. 102-982, eff. 7-1-23; revised 8-26-22.)
(625 ILCS 5/5-101.1)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-101.1. Motor vehicle financing affiliates;
licensing.

SB2437 - 1720 - LRB103 26700 AMC 53063 b
(a) In this State, no business shall engage in the
business of a motor vehicle financing affiliate without a
license to do so in writing from the Secretary of State.
(b) An application for a motor vehicle financing
affiliate's license must be filed with the Secretary of State,
duly verified by oath, on a form prescribed by the Secretary of
State and shall contain all of the following:
(1) The name and type of business organization of the
applicant and the applicant's established place of
business and any additional places of business in this
State.
(2) The name and address of the licensed new or used
vehicle dealer to which the applicant will be selling,
transferring, or assigning new or used motor vehicles
pursuant to a written contract. If more than one dealer is
on the application, the applicant shall state in writing
the basis of common ownership among the dealers.
(3) A list of the business organization's officers,
directors, members, and shareholders having a 10% or
greater ownership interest in the business, providing the
residential address for each person listed.
(4) If selling, transferring, or assigning new motor
vehicles, the make or makes of new vehicles that it will
sell, assign, or otherwise transfer to the contracting new
motor vehicle dealer listed on the application pursuant to
paragraph (2).

SB2437 - 1721 - LRB103 26700 AMC 53063 b
(5) The name of each manufacturer or franchised
distributor, if any, of new vehicles with whom the
applicant has contracted for the sale of new vehicles and
a signed statement from each manufacturer or franchised
distributor acknowledging the contract.
(6) A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. This requirement does not
apply to a motor vehicle financing affiliate that is
already licensed with the Secretary of State and is
applying for a renewal of its license.
(7) A statement that the applicant has complied with
the appropriate liability insurance requirement and a
Certificate of Insurance that shall not expire before
December 31 of the year for which the license was issued or
renewed with a minimum liability coverage of $100,000 for
the bodily injury or death of any person, $300,000 for the
bodily injury or death of 2 or more persons in any one
accident, and $50,000 for damage to property. The
expiration of the insurance policy shall not terminate the
liability under the policy arising during the period for
which the policy was filed. Trailer and mobile home
dealers are exempt from the requirements of this
paragraph. A motor vehicle financing affiliate is exempt
from the requirements of this paragraph if it is covered
by the insurance policy of the new or used dealer listed on

SB2437 - 1722 - LRB103 26700 AMC 53063 b
the application pursuant to paragraph (2).
(8) A license fee of $1,000 for the applicant's
established place of business and $250 for each additional
place of business, if any, to which the application
pertains. However, if the application is made after June
15 of any year, the license fee shall be $500 for the
applicant's established place of business and $125 for
each additional place of business, if any, to which the
application pertains. These license fees shall be
returnable only in the event that the application is
denied by the Secretary of State.
(9) A statement incorporating the requirements of
paragraphs 8 and 9 of subsection (b) of Section 5-101.
(10) Any other information concerning the business of
the applicant as the Secretary of State may prescribe.
(11) A statement that the applicant understands
Chapter 1 through Chapter 5 of this Code.
(12) The full name, address, and contact information
of each of the dealer's agents or legal representatives
who is an Illinois resident and liable for the performance
of the dealership.
(c) Any change which renders no longer accurate any
information contained in any application for a motor vehicle
financing affiliate's license shall be amended within 30 days
after the occurrence of the change on a form prescribed by the
Secretary of State, accompanied by an amendatory fee of $2.

SB2437 - 1723 - LRB103 26700 AMC 53063 b
(d) If a new vehicle dealer is not listed on the
application, pursuant to paragraph (2) of subsection (b), the
motor vehicle financing affiliate shall not receive, possess,
or transfer any new vehicle. If a new motor vehicle dealer is
listed on the application, pursuant to paragraph (2) of
subsection (b), the new motor vehicle dealer can only receive
those new cars it is permitted to receive under its franchise
agreement. If both a new and used motor vehicle dealer are
listed on the application, pursuant to paragraph (2) of
subsection (b), only the new motor vehicle dealer may receive
new motor vehicles. If a used motor vehicle is listed on the
application, pursuant to paragraph (2) of subsection (b), the
used motor vehicle dealer shall not receive any new motor
vehicles.
(e) The applicant and dealer provided pursuant to
paragraph (2) of subsection (b) must be business organizations
registered to conduct business in Illinois. Three-fourths of
the dealer's board of directors must be members of the motor
vehicle financing affiliate's board of directors, if
applicable.
(f) Unless otherwise provided in this Chapter 5, no
business organization registered to do business in Illinois
shall be licensed as a motor vehicle financing affiliate
unless:
(1) The motor vehicle financing affiliate shall only
sell, transfer, or assign motor vehicles to the licensed

SB2437 - 1724 - LRB103 26700 AMC 53063 b
new or used dealer listed on the application pursuant to
paragraph (2) of subsection (b).
(2) The motor vehicle financing affiliate sells,
transfers, or assigns to the new motor vehicle dealer
listed on the application, if any, only those new motor
vehicles the motor vehicle financing affiliate has
received under the contract set forth in paragraph (5) of
subsection (b).
(3) Any new vehicle dealer listed pursuant to
paragraph (2) of subsection (b) has a franchise agreement
that permits the dealer to receive motor vehicles from the
motor vehicle franchise affiliate.
(4) The new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b)
has one established place of business or supplemental
places of business as referenced in subsection (g).
(g) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted pursuant to
this Section and, unless it is determined that the application
does not conform with the requirements of this Section or that
grounds exist for a denial of the application under Section
5-501, grant the applicant a motor vehicle financing affiliate
license in writing for the applicant's established place of
business and a supplemental license in writing for each
additional place of business in a form prescribed by the
Secretary, which shall include all of the following:

SB2437 - 1725 - LRB103 26700 AMC 53063 b
(1) The name of the business licensed;
(2) The name and address of its officers, directors,
or members, as applicable;
(3) In the case of an original license, the
established place of business of the licensee;
(4) If applicable, the make or makes of new vehicles
which the licensee is licensed to sell to the new motor
vehicle dealer listed on the application pursuant to
paragraph (2) of subsection (b); and
(5) The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(h) The appropriate instrument evidencing the license or a
certified copy, provided by the Secretary of State, shall be
kept posted conspicuously in the established place of business
of the licensee.
(i) Except as provided in subsection (h), all motor
vehicle financing affiliate's licenses granted under this
Section shall expire expired by operation of law on December
31 of the calendar year for which they are granted, unless
revoked or canceled at an earlier date pursuant to Section
5-501.
(j) A motor vehicle financing affiliate's license may be
renewed upon application and payment of the required fee.
However, when an application for renewal of a motor vehicle

SB2437 - 1726 - LRB103 26700 AMC 53063 b
financing affiliate's license is made during the month of
December, the effective license shall remain in force until
the application is granted or denied by the Secretary of
State.
(k) The contract a motor vehicle financing affiliate has
with a manufacturer or franchised distributor, as provided in
paragraph (5) of subsection (b), shall only permit the
applicant to sell, transfer, or assign new motor vehicles to
the new motor vehicle dealer listed on the application
pursuant to paragraph (2) of subsection (b). The contract
shall specifically prohibit the motor vehicle financing
affiliate from selling motor vehicles at retail. This contract
shall not be considered the granting of a franchise as defined
in Section 2 of the Motor Vehicle Franchise Act.
(l) When purchasing of a motor vehicle by a new or used
motor vehicle dealer, all persons licensed as a motor vehicle
financing affiliate are required to furnish all of the
following:
(1) For a new vehicle, a manufacturer's statement of
origin properly assigned to the purchasing dealer. For a
used vehicle, a certificate of title properly assigned to
the purchasing dealer.
(2) A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title or manufacturer's statement of
origin.

SB2437 - 1727 - LRB103 26700 AMC 53063 b
(3) A bill of sale properly executed on behalf of the
purchasing dealer.
(4) A copy of the Uniform Invoice-transaction report
pursuant to Section 5-402.
(5) In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status pursuant to Section
5-104.3.
(6) In the case of a vehicle for which a warranty has
been reinstated, a copy of the warranty.
(m) The motor vehicle financing affiliate shall use the
established and supplemental place or places of business the
new or used vehicle dealer listed on the application pursuant
to paragraph (2) of subsection (b) as its established and
supplemental place or places of business.
(n) The motor vehicle financing affiliate shall keep all
books and records required by this Code with the books and
records of the new or used vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b). The
motor vehicle financing affiliate may use the books and
records of the new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b).
(o) Under no circumstances shall a motor vehicle financing
affiliate sell, transfer, or assign a new vehicle to any place
of business of a new motor vehicle dealer, unless that place of
business is licensed under this Chapter to sell, assign, or
otherwise transfer the make of the new motor vehicle

SB2437 - 1728 - LRB103 26700 AMC 53063 b
transferred.
(p) All moneys received by the Secretary of State as
license fees under this Section shall be deposited into the
Motor Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(q) Except as otherwise provided in this Section, a motor
vehicle financing affiliate shall comply with all provisions
of this Code.
(r) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 102-154, eff. 1-1-22; revised 8-22-22.)

SB2437 - 1729 - LRB103 26700 AMC 53063 b
(Text of Section after amendment by P.A. 102-982)
Sec. 5-101.1. Motor vehicle financing affiliates;
licensing.
(a) In this State, no business shall engage in the
business of a motor vehicle financing affiliate without a
license to do so in writing from the Secretary of State.
(b) An application for a motor vehicle financing
affiliate's license must be filed with the Secretary of State,
duly verified by oath, on a form prescribed by the Secretary of
State and shall contain all of the following:
(1) The name and type of business organization of the
applicant and the applicant's established place of
business and any additional places of business in this
State.
(2) The name and address of the licensed new or used
vehicle dealer to which the applicant will be selling,
transferring, or assigning new or used motor vehicles
pursuant to a written contract. If more than one dealer is
on the application, the applicant shall state in writing
the basis of common ownership among the dealers.
(3) A list of the business organization's officers,
directors, members, and shareholders having a 10% or
greater ownership interest in the business, providing the
residential address for each person listed.
(4) If selling, transferring, or assigning new motor

SB2437 - 1730 - LRB103 26700 AMC 53063 b
vehicles, the make or makes of new vehicles that it will
sell, assign, or otherwise transfer to the contracting new
motor vehicle dealer listed on the application pursuant to
paragraph (2).
(5) The name of each manufacturer or franchised
distributor, if any, of new vehicles with whom the
applicant has contracted for the sale of new vehicles and
a signed statement from each manufacturer or franchised
distributor acknowledging the contract.
(6) A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. This requirement does not
apply to a motor vehicle financing affiliate that is
already licensed with the Secretary of State and is
applying for a renewal of its license.
(7) A statement that the applicant has complied with
the appropriate liability insurance requirement and a
Certificate of Insurance that shall not expire before
December 31 of the year for which the license was issued or
renewed with a minimum liability coverage of $100,000 for
the bodily injury or death of any person, $300,000 for the
bodily injury or death of 2 or more persons in any one
crash, and $50,000 for damage to property. The expiration
of the insurance policy shall not terminate the liability
under the policy arising during the period for which the
policy was filed. Trailer and mobile home dealers are

SB2437 - 1731 - LRB103 26700 AMC 53063 b
exempt from the requirements of this paragraph. A motor
vehicle financing affiliate is exempt from the
requirements of this paragraph if it is covered by the
insurance policy of the new or used dealer listed on the
application pursuant to paragraph (2).
(8) A license fee of $1,000 for the applicant's
established place of business and $250 for each additional
place of business, if any, to which the application
pertains. However, if the application is made after June
15 of any year, the license fee shall be $500 for the
applicant's established place of business and $125 for
each additional place of business, if any, to which the
application pertains. These license fees shall be
returnable only in the event that the application is
denied by the Secretary of State.
(9) A statement incorporating the requirements of
paragraphs 8 and 9 of subsection (b) of Section 5-101.
(10) Any other information concerning the business of
the applicant as the Secretary of State may prescribe.
(11) A statement that the applicant understands
Chapter 1 through Chapter 5 of this Code.
(12) The full name, address, and contact information
of each of the dealer's agents or legal representatives
who is an Illinois resident and liable for the performance
of the dealership.
(c) Any change which renders no longer accurate any

SB2437 - 1732 - LRB103 26700 AMC 53063 b
information contained in any application for a motor vehicle
financing affiliate's license shall be amended within 30 days
after the occurrence of the change on a form prescribed by the
Secretary of State, accompanied by an amendatory fee of $2.
(d) If a new vehicle dealer is not listed on the
application, pursuant to paragraph (2) of subsection (b), the
motor vehicle financing affiliate shall not receive, possess,
or transfer any new vehicle. If a new motor vehicle dealer is
listed on the application, pursuant to paragraph (2) of
subsection (b), the new motor vehicle dealer can only receive
those new cars it is permitted to receive under its franchise
agreement. If both a new and used motor vehicle dealer are
listed on the application, pursuant to paragraph (2) of
subsection (b), only the new motor vehicle dealer may receive
new motor vehicles. If a used motor vehicle is listed on the
application, pursuant to paragraph (2) of subsection (b), the
used motor vehicle dealer shall not receive any new motor
vehicles.
(e) The applicant and dealer provided pursuant to
paragraph (2) of subsection (b) must be business organizations
registered to conduct business in Illinois. Three-fourths of
the dealer's board of directors must be members of the motor
vehicle financing affiliate's board of directors, if
applicable.
(f) Unless otherwise provided in this Chapter 5, no
business organization registered to do business in Illinois

SB2437 - 1733 - LRB103 26700 AMC 53063 b
shall be licensed as a motor vehicle financing affiliate
unless:
(1) The motor vehicle financing affiliate shall only
sell, transfer, or assign motor vehicles to the licensed
new or used dealer listed on the application pursuant to
paragraph (2) of subsection (b).
(2) The motor vehicle financing affiliate sells,
transfers, or assigns to the new motor vehicle dealer
listed on the application, if any, only those new motor
vehicles the motor vehicle financing affiliate has
received under the contract set forth in paragraph (5) of
subsection (b).
(3) Any new vehicle dealer listed pursuant to
paragraph (2) of subsection (b) has a franchise agreement
that permits the dealer to receive motor vehicles from the
motor vehicle franchise affiliate.
(4) The new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b)
has one established place of business or supplemental
places of business as referenced in subsection (g).
(g) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted pursuant to
this Section and, unless it is determined that the application
does not conform with the requirements of this Section or that
grounds exist for a denial of the application under Section
5-501, grant the applicant a motor vehicle financing affiliate

SB2437 - 1734 - LRB103 26700 AMC 53063 b
license in writing for the applicant's established place of
business and a supplemental license in writing for each
additional place of business in a form prescribed by the
Secretary, which shall include all of the following:
(1) The name of the business licensed;
(2) The name and address of its officers, directors,
or members, as applicable;
(3) In the case of an original license, the
established place of business of the licensee;
(4) If applicable, the make or makes of new vehicles
which the licensee is licensed to sell to the new motor
vehicle dealer listed on the application pursuant to
paragraph (2) of subsection (b); and
(5) The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(h) The appropriate instrument evidencing the license or a
certified copy, provided by the Secretary of State, shall be
kept posted conspicuously in the established place of business
of the licensee.
(i) Except as provided in subsection (h), all motor
vehicle financing affiliate's licenses granted under this
Section shall expire expired by operation of law on December
31 of the calendar year for which they are granted, unless
revoked or canceled at an earlier date pursuant to Section

SB2437 - 1735 - LRB103 26700 AMC 53063 b
5-501.
(j) A motor vehicle financing affiliate's license may be
renewed upon application and payment of the required fee.
However, when an application for renewal of a motor vehicle
financing affiliate's license is made during the month of
December, the effective license shall remain in force until
the application is granted or denied by the Secretary of
State.
(k) The contract a motor vehicle financing affiliate has
with a manufacturer or franchised distributor, as provided in
paragraph (5) of subsection (b), shall only permit the
applicant to sell, transfer, or assign new motor vehicles to
the new motor vehicle dealer listed on the application
pursuant to paragraph (2) of subsection (b). The contract
shall specifically prohibit the motor vehicle financing
affiliate from selling motor vehicles at retail. This contract
shall not be considered the granting of a franchise as defined
in Section 2 of the Motor Vehicle Franchise Act.
(l) When purchasing of a motor vehicle by a new or used
motor vehicle dealer, all persons licensed as a motor vehicle
financing affiliate are required to furnish all of the
following:
(1) For a new vehicle, a manufacturer's statement of
origin properly assigned to the purchasing dealer. For a
used vehicle, a certificate of title properly assigned to
the purchasing dealer.

SB2437 - 1736 - LRB103 26700 AMC 53063 b
(2) A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title or manufacturer's statement of
origin.
(3) A bill of sale properly executed on behalf of the
purchasing dealer.
(4) A copy of the Uniform Invoice-transaction report
pursuant to Section 5-402.
(5) In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status pursuant to Section
5-104.3.
(6) In the case of a vehicle for which a warranty has
been reinstated, a copy of the warranty.
(m) The motor vehicle financing affiliate shall use the
established and supplemental place or places of business the
new or used vehicle dealer listed on the application pursuant
to paragraph (2) of subsection (b) as its established and
supplemental place or places of business.
(n) The motor vehicle financing affiliate shall keep all
books and records required by this Code with the books and
records of the new or used vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b). The
motor vehicle financing affiliate may use the books and
records of the new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b).
(o) Under no circumstances shall a motor vehicle financing

SB2437 - 1737 - LRB103 26700 AMC 53063 b
affiliate sell, transfer, or assign a new vehicle to any place
of business of a new motor vehicle dealer, unless that place of
business is licensed under this Chapter to sell, assign, or
otherwise transfer the make of the new motor vehicle
transferred.
(p) All moneys received by the Secretary of State as
license fees under this Section shall be deposited into the
Motor Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(q) Except as otherwise provided in this Section, a motor
vehicle financing affiliate shall comply with all provisions
of this Code.
(r) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,

SB2437 - 1738 - LRB103 26700 AMC 53063 b
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 102-154, eff. 1-1-22; 102-982, eff. 7-1-23;
revised 8-22-22.)
(625 ILCS 5/6-107)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-107. Graduated license.
(a) The purpose of the Graduated Licensing Program is to
develop safe and mature driving habits in young, inexperienced
drivers and reduce or prevent motor vehicle accidents,
fatalities, and injuries by:
(1) providing for an increase in the time of practice
period before granting permission to obtain a driver's
license;
(2) strengthening driver licensing and testing
standards for persons under the age of 21 years;
(3) sanctioning driving privileges of drivers under
age 21 who have committed serious traffic violations or
other specified offenses; and
(4) setting stricter standards to promote the public's
health and safety.
(b) The application of any person under the age of 18
years, and not legally emancipated, for a driver's drivers
license or permit to operate a motor vehicle issued under the

SB2437 - 1739 - LRB103 26700 AMC 53063 b
laws of this State, shall be accompanied by the written
consent of either parent of the applicant; otherwise by the
guardian having custody of the applicant, or in the event
there is no parent or guardian, then by another responsible
adult. The written consent must accompany any application for
a driver's license under this subsection (b), regardless of
whether or not the required written consent also accompanied
the person's previous application for an instruction permit.
No graduated driver's license shall be issued to any
applicant under 18 years of age, unless the applicant is at
least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of 9
months.
(2) Passed an approved driver education course and
submits proof of having passed the course as may be
required.
(3) Certification by the parent, legal guardian, or
responsible adult that the applicant has had a minimum of
50 hours of behind-the-wheel practice time, at least 10
hours of which have been at night, and is sufficiently
prepared and able to safely operate a motor vehicle.
(b-1) No graduated driver's license shall be issued to any
applicant who is under 18 years of age and not legally
emancipated, unless the applicant has graduated from a
secondary school of this State or any other state, is enrolled
in a course leading to a State of Illinois High School Diploma,

SB2437 - 1740 - LRB103 26700 AMC 53063 b
has obtained a State of Illinois High School Diploma, is
enrolled in an elementary or secondary school or college or
university of this State or any other state and is not a
chronic or habitual truant as provided in Section 26-2a of the
School Code, or is receiving home instruction and submits
proof of meeting any of those requirements at the time of
application.
An applicant under 18 years of age who provides proof
acceptable to the Secretary that the applicant has resumed
regular school attendance or home instruction or that his or
her application was denied in error shall be eligible to
receive a graduated license if other requirements are met. The
Secretary shall adopt rules for implementing this subsection
(b-1).
(c) No graduated driver's license or permit shall be
issued to any applicant under 18 years of age who has committed
the offense of operating a motor vehicle without a valid
license or permit in violation of Section 6-101 of this Code or
a similar out of state offense and no graduated driver's
license or permit shall be issued to any applicant under 18
years of age who has committed an offense that would otherwise
result in a mandatory revocation of a license or permit as
provided in Section 6-205 of this Code or who has been either
convicted of or adjudicated a delinquent based upon a
violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, the Use of Intoxicating Compounds Act, or the

SB2437 - 1741 - LRB103 26700 AMC 53063 b
Methamphetamine Control and Community Protection Act while
that individual 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 such an this offense, while in actual physical
control of a motor vehicle, shall have an entry made in the
court record by the judge that the 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.
(d) No graduated driver's license shall be issued for 9
months to any applicant under the age of 18 years who has
committed and subsequently been convicted of an offense
against traffic regulations governing the movement of
vehicles, any violation of this Section or Section 12-603.1 of
this Code, or who has received a disposition of court
supervision for a violation of Section 6-20 of the Illinois
Liquor Control Act of 1934 or a similar provision of a local
ordinance.
(e) No graduated driver's license holder under the age of
18 years shall operate any motor vehicle, except a motor
driven cycle or motorcycle, with more than one passenger in
the front seat of the motor vehicle and no more passengers in

SB2437 - 1742 - LRB103 26700 AMC 53063 b
the back seats than the number of available seat safety belts
as set forth in Section 12-603 of this Code. If a graduated
driver's license holder over the age of 18 committed an
offense against traffic regulations governing the movement of
vehicles or any violation of this Section or Section 12-603.1
of this Code in the 6 months prior to the graduated driver's
license holder's 18th birthday, and was subsequently convicted
of the violation, the provisions of this paragraph shall
continue to apply until such time as a period of 6 consecutive
months has elapsed without an additional violation and
subsequent conviction of an offense against traffic
regulations governing the movement of vehicles or any
violation of this Section or Section 12-603.1 of this Code.
(f) (Blank).
(g) If a graduated driver's license holder is under the
age of 18 when he or she receives the license, for the first 12
months he or she holds the license or until he or she reaches
the age of 18, whichever occurs sooner, the graduated license
holder may not operate a motor vehicle with more than one
passenger in the vehicle who is under the age of 20, unless any
additional passenger or passengers are siblings,
step-siblings, children, or stepchildren of the driver. If a
graduated driver's license holder committed an offense against
traffic regulations governing the movement of vehicles or any
violation of this Section or Section 12-603.1 of this Code
during the first 12 months the license is held and

SB2437 - 1743 - LRB103 26700 AMC 53063 b
subsequently is convicted of the violation, the provisions of
this paragraph shall remain in effect until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or any violation of this Section or Section 12-603.1 of this
Code.
(h) It shall be an offense for a person that is age 15, but
under age 20, to be a passenger in a vehicle operated by a
driver holding a graduated driver's license during the first
12 months the driver holds the license or until the driver
reaches the age of 18, whichever occurs sooner, if another
passenger under the age of 20 is present, excluding a sibling,
step-sibling, child, or step-child of the driver.
(i) No graduated driver's license shall be issued to any
applicant under the age of 18 years if the applicant has been
issued a traffic citation for which a disposition has not been
rendered at the time of application.
(Source: P.A. 102-1100, eff. 1-1-23; revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-107. Graduated license.
(a) The purpose of the Graduated Licensing Program is to
develop safe and mature driving habits in young, inexperienced
drivers and reduce or prevent motor vehicle crashes,
fatalities, and injuries by:

SB2437 - 1744 - LRB103 26700 AMC 53063 b
(1) providing for an increase in the time of practice
period before granting permission to obtain a driver's
license;
(2) strengthening driver licensing and testing
standards for persons under the age of 21 years;
(3) sanctioning driving privileges of drivers under
age 21 who have committed serious traffic violations or
other specified offenses; and
(4) setting stricter standards to promote the public's
health and safety.
(b) The application of any person under the age of 18
years, and not legally emancipated, for a driver's drivers
license or permit to operate a motor vehicle issued under the
laws of this State, shall be accompanied by the written
consent of either parent of the applicant; otherwise by the
guardian having custody of the applicant, or in the event
there is no parent or guardian, then by another responsible
adult. The written consent must accompany any application for
a driver's license under this subsection (b), regardless of
whether or not the required written consent also accompanied
the person's previous application for an instruction permit.
No graduated driver's license shall be issued to any
applicant under 18 years of age, unless the applicant is at
least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of 9
months.

SB2437 - 1745 - LRB103 26700 AMC 53063 b
(2) Passed an approved driver education course and
submits proof of having passed the course as may be
required.
(3) Certification by the parent, legal guardian, or
responsible adult that the applicant has had a minimum of
50 hours of behind-the-wheel practice time, at least 10
hours of which have been at night, and is sufficiently
prepared and able to safely operate a motor vehicle.
(b-1) No graduated driver's license shall be issued to any
applicant who is under 18 years of age and not legally
emancipated, unless the applicant has graduated from a
secondary school of this State or any other state, is enrolled
in a course leading to a State of Illinois High School Diploma,
has obtained a State of Illinois High School Diploma, is
enrolled in an elementary or secondary school or college or
university of this State or any other state and is not a
chronic or habitual truant as provided in Section 26-2a of the
School Code, or is receiving home instruction and submits
proof of meeting any of those requirements at the time of
application.
An applicant under 18 years of age who provides proof
acceptable to the Secretary that the applicant has resumed
regular school attendance or home instruction or that his or
her application was denied in error shall be eligible to
receive a graduated license if other requirements are met. The
Secretary shall adopt rules for implementing this subsection

SB2437 - 1746 - LRB103 26700 AMC 53063 b
(b-1).
(c) No graduated driver's license or permit shall be
issued to any applicant under 18 years of age who has committed
the offense of operating a motor vehicle without a valid
license or permit in violation of Section 6-101 of this Code or
a similar out of state offense and no graduated driver's
license or permit shall be issued to any applicant under 18
years of age who has committed an offense that would otherwise
result in a mandatory revocation of a license or permit as
provided in Section 6-205 of this Code or who has been either
convicted of or adjudicated a delinquent based upon a
violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, the Use of Intoxicating Compounds Act, or the
Methamphetamine Control and Community Protection Act while
that individual 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 such an this offense, while in actual physical
control of a motor vehicle, shall have an entry made in the
court record by the judge that the 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.

SB2437 - 1747 - LRB103 26700 AMC 53063 b
(d) No graduated driver's license shall be issued for 9
months to any applicant under the age of 18 years who has
committed and subsequently been convicted of an offense
against traffic regulations governing the movement of
vehicles, any violation of this Section or Section 12-603.1 of
this Code, or who has received a disposition of court
supervision for a violation of Section 6-20 of the Illinois
Liquor Control Act of 1934 or a similar provision of a local
ordinance.
(e) No graduated driver's license holder under the age of
18 years shall operate any motor vehicle, except a motor
driven cycle or motorcycle, with more than one passenger in
the front seat of the motor vehicle and no more passengers in
the back seats than the number of available seat safety belts
as set forth in Section 12-603 of this Code. If a graduated
driver's license holder over the age of 18 committed an
offense against traffic regulations governing the movement of
vehicles or any violation of this Section or Section 12-603.1
of this Code in the 6 months prior to the graduated driver's
license holder's 18th birthday, and was subsequently convicted
of the violation, the provisions of this paragraph shall
continue to apply until such time as a period of 6 consecutive
months has elapsed without an additional violation and
subsequent conviction of an offense against traffic
regulations governing the movement of vehicles or any
violation of this Section or Section 12-603.1 of this Code.

SB2437 - 1748 - LRB103 26700 AMC 53063 b
(f) (Blank).
(g) If a graduated driver's license holder is under the
age of 18 when he or she receives the license, for the first 12
months he or she holds the license or until he or she reaches
the age of 18, whichever occurs sooner, the graduated license
holder may not operate a motor vehicle with more than one
passenger in the vehicle who is under the age of 20, unless any
additional passenger or passengers are siblings,
step-siblings, children, or stepchildren of the driver. If a
graduated driver's license holder committed an offense against
traffic regulations governing the movement of vehicles or any
violation of this Section or Section 12-603.1 of this Code
during the first 12 months the license is held and
subsequently is convicted of the violation, the provisions of
this paragraph shall remain in effect until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or any violation of this Section or Section 12-603.1 of this
Code.
(h) It shall be an offense for a person that is age 15, but
under age 20, to be a passenger in a vehicle operated by a
driver holding a graduated driver's license during the first
12 months the driver holds the license or until the driver
reaches the age of 18, whichever occurs sooner, if another
passenger under the age of 20 is present, excluding a sibling,

SB2437 - 1749 - LRB103 26700 AMC 53063 b
step-sibling, child, or step-child of the driver.
(i) No graduated driver's license shall be issued to any
applicant under the age of 18 years if the applicant has been
issued a traffic citation for which a disposition has not been
rendered at the time of application.
(Source: P.A. 102-982, eff. 7-1-23; 102-1100, eff. 1-1-23;
revised 12-14-22.)
(625 ILCS 5/6-206)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of

SB2437 - 1750 - LRB103 26700 AMC 53063 b
offenses against laws and ordinances regulating the
movement of traffic, to a degree that 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;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;

SB2437 - 1751 - LRB103 26700 AMC 53063 b
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;

SB2437 - 1752 - LRB103 26700 AMC 53063 b
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act or a similar
offense in another state if, at the time of the offense,
the person held an Illinois driver's license or
identification card;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident

SB2437 - 1753 - LRB103 26700 AMC 53063 b
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal

SB2437 - 1754 - LRB103 26700 AMC 53063 b
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile
pimping, soliciting for a juvenile prostitute, promoting
juvenile prostitution as described in subdivision (a)(1),
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one

SB2437 - 1755 - LRB103 26700 AMC 53063 b
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in
which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of

SB2437 - 1756 - LRB103 26700 AMC 53063 b
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state

SB2437 - 1757 - LRB103 26700 AMC 53063 b
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of

SB2437 - 1758 - LRB103 26700 AMC 53063 b
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months;
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months;
51. Has committed a violation of Section 10-15 Of the
Cannabis Regulation and Tax Act or a similar provision of
a local ordinance while in a motor vehicle; or
52. Has committed a violation of subsection (b) of
Section 10-20 of the Cannabis Regulation and Tax Act or a
similar provision of a local ordinance.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the

SB2437 - 1759 - LRB103 26700 AMC 53063 b
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's

SB2437 - 1760 - LRB103 26700 AMC 53063 b
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of

SB2437 - 1761 - LRB103 26700 AMC 53063 b
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's
household to and from daycare. The petitioner must demonstrate
that no alternative means of transportation is reasonably
available and that the petitioner will not endanger the public
safety or welfare.

SB2437 - 1762 - LRB103 26700 AMC 53063 b
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 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, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 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, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a

SB2437 - 1763 - LRB103 26700 AMC 53063 b
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not
to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment

SB2437 - 1764 - LRB103 26700 AMC 53063 b
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.

SB2437 - 1765 - LRB103 26700 AMC 53063 b
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the

SB2437 - 1766 - LRB103 26700 AMC 53063 b
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in

SB2437 - 1767 - LRB103 26700 AMC 53063 b
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.

SB2437 - 1768 - LRB103 26700 AMC 53063 b
(d) This Section is subject to the provisions of the
Driver License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 CFR 384, the Secretary of State
may not issue a restricted driving permit for the operation of
a commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified under any provisions of this Code.
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
eff. 5-13-22; revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;

SB2437 - 1769 - LRB103 26700 AMC 53063 b
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that 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;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to a crash resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the crash, or shall start not more
than one year after the date of the crash, whichever date
occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;

SB2437 - 1770 - LRB103 26700 AMC 53063 b
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of

SB2437 - 1771 - LRB103 26700 AMC 53063 b
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act or a similar
offense in another state if, at the time of the offense,
the person held an Illinois driver's license or
identification card;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);

SB2437 - 1772 - LRB103 26700 AMC 53063 b
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of a crash
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to

SB2437 - 1773 - LRB103 26700 AMC 53063 b
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile

SB2437 - 1774 - LRB103 26700 AMC 53063 b
pimping, soliciting for a juvenile prostitute, promoting
juvenile prostitution as described in subdivision (a)(1),
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in
which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the

SB2437 - 1775 - LRB103 26700 AMC 53063 b
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;

SB2437 - 1776 - LRB103 26700 AMC 53063 b
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a

SB2437 - 1777 - LRB103 26700 AMC 53063 b
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months;
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months;
51. Has committed a violation of Section 10-15 Of the
Cannabis Regulation and Tax Act or a similar provision of
a local ordinance while in a motor vehicle; or

SB2437 - 1778 - LRB103 26700 AMC 53063 b
52. Has committed a violation of subsection (b) of
Section 10-20 of the Cannabis Regulation and Tax Act or a
similar provision of a local ordinance.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license

SB2437 - 1779 - LRB103 26700 AMC 53063 b
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any

SB2437 - 1780 - LRB103 26700 AMC 53063 b
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational

SB2437 - 1781 - LRB103 26700 AMC 53063 b
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's
household to and from daycare. The petitioner must demonstrate
that no alternative means of transportation is reasonably
available and that the petitioner will not endanger the public
safety or welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 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, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 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, where the use of alcohol or other drugs is

SB2437 - 1782 - LRB103 26700 AMC 53063 b
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not
to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an

SB2437 - 1783 - LRB103 26700 AMC 53063 b
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a

SB2437 - 1784 - LRB103 26700 AMC 53063 b
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any

SB2437 - 1785 - LRB103 26700 AMC 53063 b
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or

SB2437 - 1786 - LRB103 26700 AMC 53063 b
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.

SB2437 - 1787 - LRB103 26700 AMC 53063 b
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Driver License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 CFR 384, the Secretary of State
may not issue a restricted driving permit for the operation of
a commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified under any provisions of this Code.
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)
(625 ILCS 5/6-514)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-514. Commercial driver's license (CDL); commercial

SB2437 - 1788 - LRB103 26700 AMC 53063 b
learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a
test or tests to determine the driver's blood
concentration of alcohol, other drug, or both while
driving a commercial motor vehicle or, if the driver is a
CLP or CDL holder, while driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath, other
bodily substance, or urine is at least 0.04, or any amount
of a drug, substance, or compound in the person's blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, other bodily
substance, or urine was above the legal limit defined in
Section 11-501.1 or 11-501.8 or any amount of a drug,
substance, or compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or

SB2437 - 1789 - LRB103 26700 AMC 53063 b
consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
under the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CLP or CDL holder, while driving a non-CMV;
or
(iii) Driving a commercial motor vehicle or, if
the driver is a CLP or CDL holder, driving a non-CMV
while committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but

SB2437 - 1790 - LRB103 26700 AMC 53063 b
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period
of not less than 3 years; or
(4) (Blank).
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial

SB2437 - 1791 - LRB103 26700 AMC 53063 b
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CLP or CDL holder, uses a non-CMV in
the commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may
be reduced to a period of not less than 10 years. If a
reinstated driver is subsequently convicted of another
disqualifying offense, as specified in subsection (a) of this
Section, he or she shall be permanently disqualified for life
and shall be ineligible to again apply for a reduction of the
lifetime disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3-year period, provided the serious traffic
violation committed in a non-CMV would result in the
suspension or revocation of the CLP or CDL holder's non-CMV
privileges. However, a person will be disqualified from
driving a commercial motor vehicle for a period of not less

SB2437 - 1792 - LRB103 26700 AMC 53063 b
than 4 months if convicted of 3 serious traffic violations,
committed in a commercial motor vehicle, non-CMV while holding
a CLP or CDL, or any combination thereof, arising from
separate incidents, occurring within a 3-year period, provided
the serious traffic violation committed in a non-CMV would
result in the suspension or revocation of the CLP or CDL
holder's non-CMV privileges. If all the convictions occurred
in a non-CMV, the disqualification shall be entered only if
the convictions would result in the suspension or revocation
of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a CLP or
CDL, the Secretary of State must update the driver's records
to reflect such action within 10 days. After suspending or
revoking the driving privilege of any person who has been
issued a CLP or CDL from another jurisdiction, the Secretary
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)

SB2437 - 1793 - LRB103 26700 AMC 53063 b
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or

SB2437 - 1794 - LRB103 26700 AMC 53063 b
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of
time specified in paragraph (2) of this subsection (j) if
the offense was committed while operating a commercial
motor vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always

SB2437 - 1795 - LRB103 26700 AMC 53063 b
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in

SB2437 - 1796 - LRB103 26700 AMC 53063 b
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction
for a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 CFR 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the
driver the action that has been taken.

SB2437 - 1797 - LRB103 26700 AMC 53063 b
(l) A foreign commercial driver is subject to
disqualification under this Section.
(m) A person shall be disqualified from operating a
commercial motor vehicle for life if that individual uses a
commercial motor vehicle in the commission of a felony
involving an act or practice of severe forms of human
trafficking, as defined in 22 U.S.C. 7102(11).
(Source: P.A. 102-749, eff. 1-1-23.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a
test or tests to determine the driver's blood
concentration of alcohol, other drug, or both while
driving a commercial motor vehicle or, if the driver is a
CLP or CDL holder, while driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath, other
bodily substance, or urine is at least 0.04, or any amount
of a drug, substance, or compound in the person's blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the

SB2437 - 1798 - LRB103 26700 AMC 53063 b
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, other bodily
substance, or urine was above the legal limit defined in
Section 11-501.1 or 11-501.8 or any amount of a drug,
substance, or compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
under the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of a crash while
operating a commercial motor vehicle or, if the driver
is a CLP or CDL holder, while driving a non-CMV; or

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(iii) Driving a commercial motor vehicle or, if
the driver is a CLP or CDL holder, driving a non-CMV
while committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.

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If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period
of not less than 3 years; or
(4) (Blank).
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CLP or CDL holder, uses a non-CMV in
the commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may
be reduced to a period of not less than 10 years. If a
reinstated driver is subsequently convicted of another
disqualifying offense, as specified in subsection (a) of this
Section, he or she shall be permanently disqualified for life
and shall be ineligible to again apply for a reduction of the
lifetime disqualification.

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(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3-year period, provided the serious traffic
violation committed in a non-CMV would result in the
suspension or revocation of the CLP or CDL holder's non-CMV
privileges. However, a person will be disqualified from
driving a commercial motor vehicle for a period of not less
than 4 months if convicted of 3 serious traffic violations,
committed in a commercial motor vehicle, non-CMV while holding
a CLP or CDL, or any combination thereof, arising from
separate incidents, occurring within a 3-year period, provided
the serious traffic violation committed in a non-CMV would
result in the suspension or revocation of the CLP or CDL
holder's non-CMV privileges. If all the convictions occurred
in a non-CMV, the disqualification shall be entered only if
the convictions would result in the suspension or revocation
of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.

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(g) After suspending, revoking, or cancelling a CLP or
CDL, the Secretary of State must update the driver's records
to reflect such action within 10 days. After suspending or
revoking the driving privilege of any person who has been
issued a CLP or CDL from another jurisdiction, the Secretary
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)

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or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from

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operating a commercial motor vehicle for the period of
time specified in paragraph (2) of this subsection (j) if
the offense was committed while operating a commercial
motor vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage

SB2437 - 1805 - LRB103 26700 AMC 53063 b
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction
for a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more

SB2437 - 1806 - LRB103 26700 AMC 53063 b
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 CFR 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the
driver the action that has been taken.
(l) A foreign commercial driver is subject to
disqualification under this Section.
(m) A person shall be disqualified from operating a
commercial motor vehicle for life if that individual uses a
commercial motor vehicle in the commission of a felony
involving an act or practice of severe forms of human
trafficking, as defined in 22 U.S.C. 7102(11).
(Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23;
revised 12-14-22.)
(625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)
(Text of Section before amendment by P.A. 102-982)
Sec. 7-328. Duration of proof; when proof - When proof may
be canceled or returned. The Secretary of State shall upon
request cancel any bond or return any certificate of
insurance, or the Secretary of State shall direct and the

SB2437 - 1807 - LRB103 26700 AMC 53063 b
State Treasurer shall return to the person entitled thereto
any money or securities, deposited pursuant to this Chapter as
proof of financial responsibility or waive the requirements of
filing proof of financial responsibility in any of the
following events:
1. In the event of the death of the person on whose
behalf such proof was filed, or the permanent incapacity
of such person to operate a motor vehicle. ;
2. In the event the person who has given proof of
financial responsibility surrenders such person's driver's
license, registration certificates, license plates, and
registration stickers, but the Secretary of State shall
not release such proof in the event any action for damages
upon a liability referred to in this Article is then
pending or any judgment upon any such liability is then
outstanding and unsatisfied or in the event the Secretary
of State has received notice that such person has, within
the period of 3 months immediately preceding, been
involved as a driver in any motor vehicle accident. An
affidavit of the applicant of the nonexistence of such
facts shall be sufficient evidence thereof in the absence
of evidence to the contrary in the records of the
Secretary of State. Any person who has not completed the
required 3-year 3 year period of proof of financial
responsibility pursuant to Section 7-304, and to whom
proof has been surrendered as provided in this paragraph

SB2437 - 1808 - LRB103 26700 AMC 53063 b
applies for a driver's license or the registration of a
motor vehicle shall have the application denied unless the
applicant reestablishes re-establishes such proof for the
remainder of such period.
3. In the event that proof of financial responsibility
has been deposited voluntarily, at any time upon request
of the person entitled thereto, provided that the person
on whose behalf such proof was given has not, during the
period between the date of the original deposit thereof
and the date of such request, been convicted of any
offense for which revocation is mandatory as provided in
Section 6-205; provided, further, that no action for
damages is pending against such person on whose behalf
such proof of financial responsibility was furnished and
no judgment against such person is outstanding and
unsatisfied in respect to bodily injury, or in respect to
damage to property resulting from the ownership,
maintenance, use, or operation hereafter of a motor
vehicle. An affidavit of the applicant under this Section
shall be sufficient evidence of the facts in the absence
of evidence to the contrary in the records of the
Secretary of State.
(Source: P.A. 85-321; revised 8-19-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 7-328. Duration of proof; when proof - When proof may

SB2437 - 1809 - LRB103 26700 AMC 53063 b
be canceled or returned. The Secretary of State shall upon
request cancel any bond or return any certificate of
insurance, or the Secretary of State shall direct and the
State Treasurer shall return to the person entitled thereto
any money or securities, deposited pursuant to this Chapter as
proof of financial responsibility or waive the requirements of
filing proof of financial responsibility in any of the
following events:
1. In the event of the death of the person on whose
behalf such proof was filed, or the permanent incapacity
of such person to operate a motor vehicle. ;
2. In the event the person who has given proof of
financial responsibility surrenders such person's driver's
license, registration certificates, license plates and
registration stickers, but the Secretary of State shall
not release such proof in the event any action for damages
upon a liability referred to in this Article is then
pending or any judgment upon any such liability is then
outstanding and unsatisfied or in the event the Secretary
of State has received notice that such person has, within
the period of 3 months immediately preceding, been
involved as a driver in any motor vehicle crash. An
affidavit of the applicant of the nonexistence of such
facts shall be sufficient evidence thereof in the absence
of evidence to the contrary in the records of the
Secretary of State. Any person who has not completed the

SB2437 - 1810 - LRB103 26700 AMC 53063 b
required 3-year 3 year period of proof of financial
responsibility pursuant to Section 7-304, and to whom
proof has been surrendered as provided in this paragraph
applies for a driver's license or the registration of a
motor vehicle shall have the application denied unless the
applicant reestablishes re-establishes such proof for the
remainder of such period.
3. In the event that proof of financial responsibility
has been deposited voluntarily, at any time upon request
of the person entitled thereto, provided that the person
on whose behalf such proof was given has not, during the
period between the date of the original deposit thereof
and the date of such request, been convicted of any
offense for which revocation is mandatory as provided in
Section 6-205; provided, further, that no action for
damages is pending against such person on whose behalf
such proof of financial responsibility was furnished and
no judgment against such person is outstanding and
unsatisfied in respect to bodily injury, or in respect to
damage to property resulting from the ownership,
maintenance, use, or operation hereafter of a motor
vehicle. An affidavit of the applicant under this Section
shall be sufficient evidence of the facts in the absence
of evidence to the contrary in the records of the
Secretary of State.
(Source: P.A. 102-982, eff. 7-1-23; revised 8-19-22.)

SB2437 - 1811 - LRB103 26700 AMC 53063 b
(625 ILCS 5/7-329) (from Ch. 95 1/2, par. 7-329)
(Text of Section before amendment by P.A. 102-982)
Sec. 7-329. Proof of financial responsibility made
voluntarily.
1. Proof of financial responsibility may be made
voluntarily by or on behalf of any person. The privilege of
operation of any motor vehicle within this State by such
person shall not be suspended or withdrawn under the
provisions of this Article if such proof of financial
responsibility has been voluntarily filed or deposited prior
to the offense or accident out of which any conviction,
judgment, or order arises and if such proof, at the date of
such conviction, judgment, or order, is valid and sufficient
for the requirements of this Code.
2. If the Secretary of State receives record of any
conviction or judgment against such person which, in the
absence of such proof of financial responsibility would have
caused the suspension of the driver's license of such person,
the Secretary of State shall forthwith notify the insurer or
surety of such person of the conviction or judgment so
reported.
(Source: P.A. 83-831; revised 8-19-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 7-329. Proof of financial responsibility made

SB2437 - 1812 - LRB103 26700 AMC 53063 b
voluntarily.
1. Proof of financial responsibility may be made
voluntarily by or on behalf of any person. The privilege of
operation of any motor vehicle within this State by such
person shall not be suspended or withdrawn under the
provisions of this Article if such proof of financial
responsibility has been voluntarily filed or deposited prior
to the offense or crash out of which any conviction, judgment,
or order arises and if such proof, at the date of such
conviction, judgment, or order, is valid and sufficient for
the requirements of this Code.
2. If the Secretary of State receives record of any
conviction or judgment against such person which, in the
absence of such proof of financial responsibility would have
caused the suspension of the driver's license of such person,
the Secretary of State shall forthwith notify the insurer or
surety of such person of the conviction or judgment so
reported.
(Source: P.A. 102-982, eff. 7-1-23; revised 8-19-22.)
(625 ILCS 5/11-208.6)
(Text of Section before amendment by P.A. 102-982)
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

SB2437 - 1813 - LRB103 26700 AMC 53063 b
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

SB2437 - 1814 - LRB103 26700 AMC 53063 b
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

SB2437 - 1815 - LRB103 26700 AMC 53063 b
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;

SB2437 - 1816 - LRB103 26700 AMC 53063 b
(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

SB2437 - 1817 - LRB103 26700 AMC 53063 b
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

SB2437 - 1818 - LRB103 26700 AMC 53063 b
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

SB2437 - 1819 - LRB103 26700 AMC 53063 b
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.
(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.
(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

SB2437 - 1820 - LRB103 26700 AMC 53063 b
law enforcement system at an intersection following
installation of the system. The 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. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The 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. The 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 the statistical analysis for the 36-month 36 month
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

SB2437 - 1821 - LRB103 26700 AMC 53063 b
traffic citations issued or the revenue generated by the
system.
(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

SB2437 - 1822 - LRB103 26700 AMC 53063 b
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.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
102-905, eff. 1-1-23; revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
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;

SB2437 - 1823 - LRB103 26700 AMC 53063 b
(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

SB2437 - 1824 - LRB103 26700 AMC 53063 b
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

SB2437 - 1825 - LRB103 26700 AMC 53063 b
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

SB2437 - 1826 - LRB103 26700 AMC 53063 b
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

SB2437 - 1827 - LRB103 26700 AMC 53063 b
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

SB2437 - 1828 - LRB103 26700 AMC 53063 b
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.
(k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law

SB2437 - 1829 - LRB103 26700 AMC 53063 b
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.
(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. The 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. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The 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. The 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 the statistical analysis for the 36-month 36 month

SB2437 - 1830 - LRB103 26700 AMC 53063 b
period following installation of the system 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.
(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.
(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).

SB2437 - 1831 - LRB103 26700 AMC 53063 b
(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.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
(625 ILCS 5/11-208.9)
(Text of Section before amendment by P.A. 102-982)
Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
(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 the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that

SB2437 - 1832 - LRB103 26700 AMC 53063 b
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 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.
(c) 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

SB2437 - 1833 - LRB103 26700 AMC 53063 b
alleged violator with a website address, accessible through
the Internet.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automated 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.
(e) The notice required under subsection (d) 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
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of overtaking or passing a school bus stopped

SB2437 - 1834 - LRB103 26700 AMC 53063 b
for the purpose of receiving or discharging pupils;
(9) a warning that failure to pay the civil penalty 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; 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.
(f) (Blank).
(g) 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.
(h) Recorded images made by an automated 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.

SB2437 - 1835 - LRB103 26700 AMC 53063 b
(i) 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 motor vehicle received a
Uniform Traffic Citation from a police officer for a
violation of Section 11-1414 of this Code within
one-eighth of a mile and 15 minutes of the violation that
was recorded by the system;
(3) that the visual signals required by Sections
12-803 and 12-805 of this Code were damaged, not
activated, not present in violation of Sections 12-803 and
12-805, or inoperable; and
(4) any other evidence or issues provided by municipal
or county ordinance.
(j) 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

SB2437 - 1836 - LRB103 26700 AMC 53063 b
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.
(k) 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 $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty 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, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
(m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement
system must provide notice to drivers by posting a list of
school districts using school buses equipped with an automated

SB2437 - 1837 - LRB103 26700 AMC 53063 b
traffic law enforcement system on the municipality or county
website. School districts that have one or more school buses
equipped with an automated traffic law enforcement system must
provide notice to drivers by posting that information on their
websites.
(n) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact in each school district
using school buses equipped with an automated traffic law
enforcement system following installation of the system. The
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. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The 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.
The statistical analysis 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 the 36-month period following installation of the
system indicates that there has been an increase in the rate of
accidents at the approach to school buses monitored by the

SB2437 - 1838 - LRB103 26700 AMC 53063 b
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
involving school buses equipped with an automated traffic law
enforcement system.
(o) 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.
(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) (Blank).

SB2437 - 1839 - LRB103 26700 AMC 53063 b
(r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school
board for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for
the installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated
traffic law enforcement system's fines shall be divided
equally between the school district and the municipality or
county administering the automated traffic law enforcement
system.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
102-905, eff. 1-1-23.)
(Text of Section after amendment by P.A. 102-982)
Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.

SB2437 - 1840 - LRB103 26700 AMC 53063 b
(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 the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 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

SB2437 - 1841 - LRB103 26700 AMC 53063 b
plate number of the motor vehicle.
(c) 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.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automated 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.
(e) The notice required under subsection (d) 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;

SB2437 - 1842 - LRB103 26700 AMC 53063 b
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of overtaking or passing a school bus stopped
for the purpose of receiving or discharging pupils;
(9) a warning that failure to pay the civil penalty 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; 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.
(f) (Blank).
(g) 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.
(h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and

SB2437 - 1843 - LRB103 26700 AMC 53063 b
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.
(i) 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 motor vehicle received a
Uniform Traffic Citation from a police officer for a
violation of Section 11-1414 of this Code within
one-eighth of a mile and 15 minutes of the violation that
was recorded by the system;
(3) that the visual signals required by Sections
12-803 and 12-805 of this Code were damaged, not
activated, not present in violation of Sections 12-803 and
12-805, or inoperable; and
(4) any other evidence or issues provided by municipal

SB2437 - 1844 - LRB103 26700 AMC 53063 b
or county ordinance.
(j) 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.
(k) 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 $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty 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, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law

SB2437 - 1845 - LRB103 26700 AMC 53063 b
enforcement system.
(m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement
system must provide notice to drivers by posting a list of
school districts using school buses equipped with an automated
traffic law enforcement system on the municipality or county
website. School districts that have one or more school buses
equipped with an automated traffic law enforcement system must
provide notice to drivers by posting that information on their
websites.
(n) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact in each school district
using school buses equipped with an automated traffic law
enforcement system following installation of the system. The
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. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The 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.
The statistical analysis required by this subsection shall be

SB2437 - 1846 - LRB103 26700 AMC 53063 b
made available to the public and shall be published on the
website of the municipality or county. If the statistical
analysis for the 36-month period following installation of the
system indicates that there has been an increase in the rate of
crashes at the approach to school buses 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
involving school buses equipped with an automated traffic law
enforcement system.
(o) 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.
(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

SB2437 - 1847 - LRB103 26700 AMC 53063 b
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) (Blank).
(r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school
board for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for
the installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated
traffic law enforcement system's fines shall be divided
equally between the school district and the municipality or
county administering the automated traffic law enforcement
system.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;

SB2437 - 1848 - LRB103 26700 AMC 53063 b
102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
(625 ILCS 5/11-506)
(Text of Section before amendment by P.A. 102-982)
Sec. 11-506. Street racing; aggravated street racing;
street sideshows.
(a) No person shall engage in street racing on any street
or highway of this State.
(a-5) No person shall engage in a street sideshow on any
street or highway of this State.
(b) No owner of any vehicle shall acquiesce in or permit
his or her vehicle to be used by another for the purpose of
street racing or a street sideshow.
(b-5) A person may not knowingly interfere with or cause
the movement of traffic to slow or stop for the purpose of
facilitating street racing or a street sideshow.
(c) For the purposes of this Section:
"Acquiesce" or "permit" means actual knowledge that the
motor vehicle was to be used for the purpose of street racing.
"Motor vehicle stunt" includes, but is not limited to,
operating a vehicle in a manner that causes the vehicle to
slide or spin, driving within the proximity of a gathering of
persons, performing maneuvers to demonstrate the performance
capability of the motor vehicle, or maneuvering the vehicle in
an attempt to elicit a reaction from a gathering of persons.
"Street racing" means:

SB2437 - 1849 - LRB103 26700 AMC 53063 b
(1) The operation of 2 or more vehicles from a point
side by side at accelerating speeds in a competitive
attempt to outdistance each other; or
(2) The operation of one or more vehicles over a
common selected course, each starting at the same point,
for the purpose of comparing the relative speeds or power
of acceleration of such vehicle or vehicles within a
certain distance or time limit; or
(3) The use of one or more vehicles in an attempt to
outgain or outdistance another vehicle; or
(4) The use of one or more vehicles to prevent another
vehicle from passing; or
(5) The use of one or more vehicles to arrive at a
given destination ahead of another vehicle or vehicles; or
(6) The use of one or more vehicles to test the
physical stamina or endurance of drivers over
long-distance driving routes.
"Street sideshow" means an event in which one or more
vehicles block or impede traffic on a street or highway, for
the purpose of performing unauthorized motor vehicle stunts,
motor vehicle speed contests, or motor vehicle exhibitions of
speed.
(d) Penalties.
(1) Any person who is convicted of a violation of
subsection (a), (a-5), or (b-5) shall be guilty of a Class
A misdemeanor for the first offense and shall be subject

SB2437 - 1850 - LRB103 26700 AMC 53063 b
to a minimum fine of $250. Any person convicted of a
violation of subsection (a), (a-5), or (b-5) a second or
subsequent time shall be guilty of a Class 4 felony and
shall be subject to a minimum fine of $500. The driver's
license of any person convicted of subsection (a) shall be
revoked in the manner provided by Section 6-205 of this
Code.
(2) Any person who is convicted of a violation of
subsection (b) shall be guilty of a Class B misdemeanor.
Any person who is convicted of subsection (b) for a second
or subsequent time shall be guilty of a Class A
misdemeanor.
(3) Every person convicted of committing a violation
of subsection (a) of this Section shall be guilty of
aggravated street racing if the person, in committing a
violation of subsection (a) was involved in a motor
vehicle accident that resulted in great bodily harm or
permanent disability or disfigurement to another, where
the violation was a proximate cause of the injury.
Aggravated street racing is a Class 4 felony for which the
defendant, if sentenced to a term of imprisonment, shall
be sentenced to not less than one year nor more than 12
years.
(Source: P.A. 102-733, eff. 1-1-23; revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)

SB2437 - 1851 - LRB103 26700 AMC 53063 b
Sec. 11-506. Street racing; aggravated street racing;
street sideshows.
(a) No person shall engage in street racing on any street
or highway of this State.
(a-5) No person shall engage in a street sideshow on any
street or highway of this State.
(b) No owner of any vehicle shall acquiesce in or permit
his or her vehicle to be used by another for the purpose of
street racing or a street sideshow.
(b-5) A person may not knowingly interfere with or cause
the movement of traffic to slow or stop for the purpose of
facilitating street racing or a street sideshow.
(c) For the purposes of this Section:
"Acquiesce" or "permit" means actual knowledge that the
motor vehicle was to be used for the purpose of street racing.
"Motor vehicle stunt" includes, but is not limited to,
operating a vehicle in a manner that causes the vehicle to
slide or spin, driving within the proximity of a gathering of
persons, performing maneuvers to demonstrate the performance
capability of the motor vehicle, or maneuvering the vehicle in
an attempt to elicit a reaction from a gathering of persons.
"Street racing" means:
(1) The operation of 2 or more vehicles from a point
side by side at accelerating speeds in a competitive
attempt to outdistance each other; or
(2) The operation of one or more vehicles over a

SB2437 - 1852 - LRB103 26700 AMC 53063 b
common selected course, each starting at the same point,
for the purpose of comparing the relative speeds or power
of acceleration of such vehicle or vehicles within a
certain distance or time limit; or
(3) The use of one or more vehicles in an attempt to
outgain or outdistance another vehicle; or
(4) The use of one or more vehicles to prevent another
vehicle from passing; or
(5) The use of one or more vehicles to arrive at a
given destination ahead of another vehicle or vehicles; or
(6) The use of one or more vehicles to test the
physical stamina or endurance of drivers over
long-distance driving routes.
"Street sideshow" means an event in which one or more
vehicles block or impede traffic on a street or highway, for
the purpose of performing unauthorized motor vehicle stunts,
motor vehicle speed contests, or motor vehicle exhibitions of
speed.
(d) Penalties.
(1) Any person who is convicted of a violation of
subsection (a), (a-5), or (b-5) shall be guilty of a Class
A misdemeanor for the first offense and shall be subject
to a minimum fine of $250. Any person convicted of a
violation of subsection (a), (a-5), or (b-5) a second or
subsequent time shall be guilty of a Class 4 felony and
shall be subject to a minimum fine of $500. The driver's

SB2437 - 1853 - LRB103 26700 AMC 53063 b
license of any person convicted of subsection (a) shall be
revoked in the manner provided by Section 6-205 of this
Code.
(2) Any person who is convicted of a violation of
subsection (b) shall be guilty of a Class B misdemeanor.
Any person who is convicted of subsection (b) for a second
or subsequent time shall be guilty of a Class A
misdemeanor.
(3) Every person convicted of committing a violation
of subsection (a) of this Section shall be guilty of
aggravated street racing if the person, in committing a
violation of subsection (a) was involved in a motor
vehicle crash crashes that resulted in great bodily harm
or permanent disability or disfigurement to another, where
the violation was a proximate cause of the injury.
Aggravated street racing is a Class 4 felony for which the
defendant, if sentenced to a term of imprisonment, shall
be sentenced to not less than one year nor more than 12
years.
(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23;
revised 12-14-22.)
(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
Sec. 11-605. Special speed limit while passing schools.
(a) For the purpose of this Section, "school" means the
following entities:

SB2437 - 1854 - LRB103 26700 AMC 53063 b
(1) A public or private primary or secondary school.
(2) A primary or secondary school operated by a
religious institution.
(3) A public, private, or religious nursery school.
On a school day when school children are present and so
close thereto that a potential hazard exists because of the
close proximity of the motorized traffic, no person shall
drive a motor vehicle at a speed in excess of 20 miles per hour
while passing a school zone or while traveling on a local,
county, or State roadway on public school property or upon any
public thoroughfare where children pass going to and from
school.
For the purpose of this Section, a school day begins at
6:30 a.m. and concludes at 4 p.m.
This Section shall not be applicable unless appropriate
signs are posted upon streets and highways under their
respective jurisdiction and maintained by the Department,
township, county, park district, city, village or incorporated
town wherein the school zone is located. With regard to the
special speed limit while passing schools, such signs shall
give proper due warning that a school zone is being approached
and shall indicate the school zone and the maximum speed limit
in effect during school days when school children are present.
(b) (Blank).
(c) Nothing in this Chapter shall prohibit the use of
electronic speed-detecting devices within 500 feet of signs

SB2437 - 1855 - LRB103 26700 AMC 53063 b
within a special school speed zone indicating such zone, as
defined in this Section, nor shall evidence obtained thereby
be inadmissible in any prosecution for speeding provided the
use of such device shall apply only to the enforcement of the
speed limit in such special school speed zone.
(d) (Blank).
(e) Except as provided in subsection (e-5), a person who
violates this Section is guilty of a petty offense. Violations
of this Section are punishable with a minimum fine of $150 for
the first violation, a minimum fine of $300 for the second or
subsequent violation, and community service in an amount
determined by the court.
(e-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while passing schools
when he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
per hour in excess of the applicable special speed limit
established under this Section or a similar provision of a
local ordinance and is guilty of a Class B misdemeanor; or
(2) 35 miles per hour or more in excess of the
applicable special speed limit established under this
Section or a similar provision of a local ordinance and is
guilty of a Class A misdemeanor.
(f) (Blank).
(g) (Blank).
(h) (Blank).

SB2437 - 1856 - LRB103 26700 AMC 53063 b
(Source: P.A. 102-58, eff. 7-9-21; 102-859, eff. 1-1-23;
102-978, eff. 1-1-23; revised 12-14-22.)
(625 ILCS 5/12-215)
(Text of Section before amendment by P.A. 102-982)
Sec. 12-215. Oscillating, rotating, or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating, or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, federal, Federal
or local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local authorities,
in writing, as a law enforcement vehicle; however, such
designation or authorization must be carried in the
vehicle;
2.1. A vehicle operated by a fire chief, deputy fire
chief, or assistant fire chief who has completed an
emergency vehicle operation training course approved by
the Office of the State Fire Marshal and designated or
authorized by local authorities, fire departments, or fire
protection districts, in writing, as a fire department,
fire protection district, or township fire department
vehicle; however, the designation or authorization must be
carried in the vehicle, and the lights may be visible or

SB2437 - 1857 - LRB103 26700 AMC 53063 b
activated only when responding to a bona fide emergency;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles; furthermore, such lights
shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured;
4.5. Vehicles which are occasionally used as rescue
vehicles that have been authorized for use as rescue
vehicles by a volunteer EMS provider, provided that the
operator of the vehicle has successfully completed an
emergency vehicle operation training course recognized by
the Department of Public Health; furthermore, the lights
shall not be lighted except when responding to an
emergency call for the sick or injured;
5. Tow trucks licensed in a state that requires such
lights; furthermore, such lights shall not be lighted on
any such tow truck while the tow truck is operating in the
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice;

SB2437 - 1858 - LRB103 26700 AMC 53063 b
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
9. Vehicles that are equipped and used exclusively as
organ transplant vehicles when used in combination with
blue oscillating, rotating, or flashing lights;
furthermore, these lights shall be lighted only when the
transportation is declared an emergency by a member of the
transplant team or a representative of the organ
procurement organization;
10. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response;
11. Vehicles of the Illinois Department of
Transportation identified as Emergency Traffic Patrol; the
lights shall not be lighted except when responding to an
emergency call or when parked or stationary while engaged
in motor vehicle assistance or at the scene of the
emergency; and
12. Vehicles of the Illinois State Toll Highway
Authority with a gross vehicle weight rating of 9,000
pounds or more and those identified as Highway Emergency
Lane Patrol; the lights shall not be lighted except when
responding to an emergency call or when parked or

SB2437 - 1859 - LRB103 26700 AMC 53063 b
stationary while engaged in motor vehicle assistance or at
the scene of the emergency.
(b) The use of amber oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a flat
bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall be
lighted while the towing vehicle is engaged in towing on a
highway during all times when the use of headlights is
required under Section 12-201 of this Code; in addition,
these vehicles may use white oscillating, rotating, or
flashing lights in combination with amber oscillating,
rotating, or flashing lights as provided in this
paragraph;
2. Motor vehicles or equipment of the State of
Illinois, the Illinois State Toll Highway Authority, local
authorities, and contractors; furthermore, such lights
shall not be lighted except while such vehicles are

SB2437 - 1860 - LRB103 26700 AMC 53063 b
engaged in maintenance or construction operations within
the limits of construction projects;
3. Vehicles or equipment used by engineering or survey
crews; furthermore, such lights shall not be lighted
except while such vehicles are actually engaged in work on
a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance, or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking,
or passing while such vehicles are engaged in maintenance,
service, or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned and
operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
6.1. The front and rear of motorized equipment or
vehicles that (i) are not owned by the State of Illinois or
any political subdivision of the State, (ii) are designed
and used for removal of snow and ice from highways and
parking lots, and (iii) are equipped with a snow plow that
is 12 feet in width; these lights may not be lighted except

SB2437 - 1861 - LRB103 26700 AMC 53063 b
when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
7. Fleet safety vehicles registered in another state,
furthermore, such lights shall not be lighted except as
provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by local
authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating, or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
10.5. Vehicles of the Office of the Illinois State
Fire Marshal, provided that such lights shall not be
lighted except for when such vehicles are engaged in work
for the Office of the Illinois State Fire Marshal;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage,
recycling, or refuse hauling. Such lights shall not be
lighted except when such vehicles are actually being used
for such purposes;

SB2437 - 1862 - LRB103 26700 AMC 53063 b
13. Vehicles used by a security company, alarm
responder, control agency, or the Illinois Department of
Corrections;
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire
department or fire protection district and vehicles owned
or operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or
paid or unpaid members of a local or county

SB2437 - 1863 - LRB103 26700 AMC 53063 b
emergency management services agency as defined in the
Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.
However, such lights are not to be lighted except when
responding to a bona fide emergency or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle accident.
Any person using these lights in accordance with this
subdivision (c)1 must carry on his or her person an
identification card or letter identifying the bona fide
member of a fire department, fire protection district,
rescue squad, ambulance unit, or emergency management
services agency that owns or operates that vehicle. The
card or letter must include:
(A) the name of the fire department, fire
protection district, rescue squad, ambulance unit, or
emergency management services agency;
(B) the member's position within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency;
(C) the member's term of service; and
(D) the name of a person within the fire
department, fire protection district, rescue squad,

SB2437 - 1864 - LRB103 26700 AMC 53063 b
ambulance unit, or emergency management services
agency to contact to verify the information provided.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating, or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating, or flashing lights.
5. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles when used in combination
with red oscillating, rotating, or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively as
organ transport vehicles when used in combination with red
oscillating, rotating, or flashing lights; furthermore,
these lights shall only be lighted when the transportation
is declared an emergency by a member of the transplant
team or a representative of the organ procurement
organization.
7. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of

SB2437 - 1865 - LRB103 26700 AMC 53063 b
Corrections, and vehicles of the Illinois Department of
Juvenile Justice, when used in combination with red
oscillating, rotating, or flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.
9. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response, when used in combination with red
oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad,
or a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle accident.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid
or unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency
Management Agency Act, may be equipped with white oscillating,

SB2437 - 1866 - LRB103 26700 AMC 53063 b
rotating, or flashing lights to be used in combination with
blue oscillating, rotating, or flashing lights, if
authorization by local authorities is in writing and carried
in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating, or flashing lights, whether lighted or
unlighted, is prohibited except on second division vehicles
designed and used for towing or hoisting vehicles or motor
vehicles or equipment of the State of Illinois, local
authorities, contractors, and union representatives;
furthermore, such lights shall not be lighted on second
division vehicles designed and used for towing or hoisting
vehicles or vehicles of the State of Illinois, local
authorities, and contractors except while such vehicles are
engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway
construction projects, and shall not be lighted on the
vehicles of union representatives except when those vehicles
are within the limits of a construction project.
(e) All oscillating, rotating, or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating, or flashing lights or his
representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If

SB2437 - 1867 - LRB103 26700 AMC 53063 b
the lights are not covered while the vehicle is operated upon a
highway, the vehicle shall display signage indicating that the
vehicle is out of service or not an emergency vehicle. The
signage shall be displayed on all sides of the vehicle in
letters at least 2 inches tall and one-half inch wide. A
vehicle authorized to have oscillating, rotating, or flashing
lights mounted for demonstration purposes may not activate the
lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsection
subsections (a), (b), (c), or (d) of this Section who without
lawful authority stops or detains or attempts to stop or
detain another person shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person
violating the provisions of subsection subsections (a) or (c)
of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 101-56, eff. 1-1-20; 102-842, eff. 1-1-23;
revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 12-215. Oscillating, rotating, or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating, or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, federal, Federal
or local authorities;

SB2437 - 1868 - LRB103 26700 AMC 53063 b
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local authorities,
in writing, as a law enforcement vehicle; however, such
designation or authorization must be carried in the
vehicle;
2.1. A vehicle operated by a fire chief, deputy fire
chief, or assistant fire chief who has completed an
emergency vehicle operation training course approved by
the Office of the State Fire Marshal and designated or
authorized by local authorities, fire departments, or fire
protection districts, in writing, as a fire department,
fire protection district, or township fire department
vehicle; however, the designation or authorization must be
carried in the vehicle, and the lights may be visible or
activated only when responding to a bona fide emergency;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles; furthermore, such lights
shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured;
4.5. Vehicles which are occasionally used as rescue
vehicles that have been authorized for use as rescue
vehicles by a volunteer EMS provider, provided that the
operator of the vehicle has successfully completed an

SB2437 - 1869 - LRB103 26700 AMC 53063 b
emergency vehicle operation training course recognized by
the Department of Public Health; furthermore, the lights
shall not be lighted except when responding to an
emergency call for the sick or injured;
5. Tow trucks licensed in a state that requires such
lights; furthermore, such lights shall not be lighted on
any such tow truck while the tow truck is operating in the
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice;
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
9. Vehicles that are equipped and used exclusively as
organ transplant vehicles when used in combination with
blue oscillating, rotating, or flashing lights;
furthermore, these lights shall be lighted only when the
transportation is declared an emergency by a member of the
transplant team or a representative of the organ
procurement organization;

SB2437 - 1870 - LRB103 26700 AMC 53063 b
10. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response;
11. Vehicles of the Illinois Department of
Transportation identified as Emergency Traffic Patrol; the
lights shall not be lighted except when responding to an
emergency call or when parked or stationary while engaged
in motor vehicle assistance or at the scene of the
emergency; and
12. Vehicles of the Illinois State Toll Highway
Authority with a gross vehicle weight rating of 9,000
pounds or more and those identified as Highway Emergency
Lane Patrol; the lights shall not be lighted except when
responding to an emergency call or when parked or
stationary while engaged in motor vehicle assistance or at
the scene of the emergency.
(b) The use of amber oscillating, rotating, or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of a crash or
disablement; if the towing vehicle is equipped with a flat
bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the

SB2437 - 1871 - LRB103 26700 AMC 53063 b
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall be
lighted while the towing vehicle is engaged in towing on a
highway during all times when the use of headlights is
required under Section 12-201 of this Code; in addition,
these vehicles may use white oscillating, rotating, or
flashing lights in combination with amber oscillating,
rotating, or flashing lights as provided in this
paragraph;
2. Motor vehicles or equipment of the State of
Illinois, the Illinois State Toll Highway Authority, local
authorities, and contractors; furthermore, such lights
shall not be lighted except while such vehicles are
engaged in maintenance or construction operations within
the limits of construction projects;
3. Vehicles or equipment used by engineering or survey
crews; furthermore, such lights shall not be lighted
except while such vehicles are actually engaged in work on
a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance, or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking,
or passing while such vehicles are engaged in maintenance,

SB2437 - 1872 - LRB103 26700 AMC 53063 b
service, or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned and
operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
6.1. The front and rear of motorized equipment or
vehicles that (i) are not owned by the State of Illinois or
any political subdivision of the State, (ii) are designed
and used for removal of snow and ice from highways and
parking lots, and (iii) are equipped with a snow plow that
is 12 feet in width; these lights may not be lighted except
when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
7. Fleet safety vehicles registered in another state,
furthermore, such lights shall not be lighted except as
provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by local
authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating, or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail

SB2437 - 1873 - LRB103 26700 AMC 53063 b
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
10.5. Vehicles of the Office of the Illinois State
Fire Marshal, provided that such lights shall not be
lighted except for when such vehicles are engaged in work
for the Office of the Illinois State Fire Marshal;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage,
recycling, or refuse hauling. Such lights shall not be
lighted except when such vehicles are actually being used
for such purposes;
13. Vehicles used by a security company, alarm
responder, control agency, or the Illinois Department of
Corrections;
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating, or flashing

SB2437 - 1874 - LRB103 26700 AMC 53063 b
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire
department or fire protection district and vehicles owned
or operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or
paid or unpaid members of a local or county
emergency management services agency as defined in the
Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.
However, such lights are not to be lighted except when
responding to a bona fide emergency or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle crash.
Any person using these lights in accordance with this
subdivision (c)1 must carry on his or her person an
identification card or letter identifying the bona fide

SB2437 - 1875 - LRB103 26700 AMC 53063 b
member of a fire department, fire protection district,
rescue squad, ambulance unit, or emergency management
services agency that owns or operates that vehicle. The
card or letter must include:
(A) the name of the fire department, fire
protection district, rescue squad, ambulance unit, or
emergency management services agency;
(B) the member's position within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency;
(C) the member's term of service; and
(D) the name of a person within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency to contact to verify the information provided.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating, or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating, or flashing lights.
5. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles when used in combination

SB2437 - 1876 - LRB103 26700 AMC 53063 b
with red oscillating, rotating, or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively as
organ transport vehicles when used in combination with red
oscillating, rotating, or flashing lights; furthermore,
these lights shall only be lighted when the transportation
is declared an emergency by a member of the transplant
team or a representative of the organ procurement
organization.
7. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice, when used in combination with red
oscillating, rotating, or flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.
9. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response, when used in combination with red
oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or

SB2437 - 1877 - LRB103 26700 AMC 53063 b
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad,
or a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle crash.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid
or unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency
Management Agency Act, may be equipped with white oscillating,
rotating, or flashing lights to be used in combination with
blue oscillating, rotating, or flashing lights, if
authorization by local authorities is in writing and carried
in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating, or flashing lights, whether lighted or
unlighted, is prohibited except on second division vehicles
designed and used for towing or hoisting vehicles or motor
vehicles or equipment of the State of Illinois, local
authorities, contractors, and union representatives;
furthermore, such lights shall not be lighted on second
division vehicles designed and used for towing or hoisting

SB2437 - 1878 - LRB103 26700 AMC 53063 b
vehicles or vehicles of the State of Illinois, local
authorities, and contractors except while such vehicles are
engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway
construction projects, and shall not be lighted on the
vehicles of union representatives except when those vehicles
are within the limits of a construction project.
(e) All oscillating, rotating, or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating, or flashing lights or his
representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If
the lights are not covered while the vehicle is operated upon a
highway, the vehicle shall display signage indicating that the
vehicle is out of service or not an emergency vehicle. The
signage shall be displayed on all sides of the vehicle in
letters at least 2 inches tall and one-half inch wide. A
vehicle authorized to have oscillating, rotating, or flashing
lights mounted for demonstration purposes may not activate the
lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsection
subsections (a), (b), (c), or (d) of this Section who without
lawful authority stops or detains or attempts to stop or
detain another person shall be guilty of a Class 2 felony.

SB2437 - 1879 - LRB103 26700 AMC 53063 b
(h) Except as provided in subsection (g) above, any person
violating the provisions of subsection subsections (a) or (c)
of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 101-56, eff. 1-1-20; 102-842, eff. 1-1-23;
102-982, eff. 7-1-23; revised 8-1-22.)
Section 670. The Innovations for Transportation
Infrastructure Act is amended by changing Sections 15 and 20
as follows:
(630 ILCS 10/15)
(Section scheduled to be repealed on July 1, 2032)
Sec. 15. Authorization of project delivery methods.
(a) Notwithstanding any other law, and as authority
supplemental to its existing powers, except as otherwise
provided for in this Act, the Transportation Agency, in
accordance with this Act, may use the design-build project
delivery method for transportation facilities if the capital
costs for transportation facilities delivered utilizing the
design-build project delivery method or Construction
Manager/General Contractor project delivery method or
Alternative Technical Concepts in a design-bid-build project
delivery method do not: (i) for transportation facilities
delivered by the Department, exceed $400 million of contracts
awarded during the Department's multi-year highway improvement
program for any 5-year period; or (ii) for transportation

SB2437 - 1880 - LRB103 26700 AMC 53063 b
facilities delivered by the Authority, exceed 20% of the
Authority's annual improvement program. The Transportation
Agency shall make this calculation before commencing the
procurement. Notwithstanding any other law, and as authority
supplemental to its existing powers, the Department, in
accordance with this Act, may use the Construction
Manager/General Contractor project delivery method for up to 2
transportation facilities per year. Before commencing a
procurement under this Act for either a design-build contract
or a Construction Manager/General Contractor contract, the
Transportation Agency shall first undertake an analysis and
make a written determination that it is in the best interests
of this State to use the selected delivery method for that
transportation facility. The analysis and determination shall
discuss the design-build project delivery method or
Construction Manager/General Contractor project delivery
method's impact on the anticipated schedule, completion date,
and project costs. The best interests of the State analysis
shall be made available to the public.
(b) The Transportation Agency shall report to the General
Assembly annually for the first 5 years after June 15, 2022
(the effective date of this Act) on the progress of
procurements and transportation facilities procured under this
Act.
(c) A contract entered into pursuant to the provisions of
this Act is are excepted from the Public Contract Fraud Act.

SB2437 - 1881 - LRB103 26700 AMC 53063 b
(Source: P.A. 102-1094, eff. 6-15-22; revised 8-19-22.)
(630 ILCS 10/20)
(Section scheduled to be repealed on July 1, 2032)
Sec. 20. Preconditions to commencement of procurement. If
the Transportation Agency determines to use the design-build
project delivery method or the Construction Manager/General
Contractor project delivery method for a particular
transportation facility, the Transportation Agency may not
commence a procurement for the transportation facility until
the Transportation Agency has satisfied the following
requirements:
(1) the Transportation Agency does one of the following:
(A) the Transportation Agency includes the
transportation facility in the Transportation Agency's
respective multi-year highway improvement program and
designates it as a design-build project delivery method
project or Construction Manager/General Contractor
project;
(B) the Transportation Agency issues a notice of
intent to receive qualifications, that includes a
description of the proposed procurement and transportation
facility, at least 28 days before the issuance of the
request for qualifications, and for a Department-issued
notice of intent publishes the notice in the Illinois
Transportation Procurement Bulletin and for an

SB2437 - 1882 - LRB103 26700 AMC 53063 b
Authority-issued notice of intent publishes the notice in
the Illinois Procurement Bulletin; or
(C) for a single-phase procurement authorized under
subsection (a) of Section 25 of this Act, the
Transportation Agency issues a notice of intent to receive
proposals, that includes a description of the proposed
procurement and transportation facility, at least 14 days
before the issuance of the request for proposals, and for
a Department-issued notice of intent publishes the notice
in the Illinois Transportation Procurement Bulletin and
for an Authority-issued notice of intent publishes the
notice in the Illinois Procurement Bulletin; and
(2) the Transportation Agency uses its best efforts to
ensure that the transportation facility is consistent with the
regional plan in existence at the time of any metropolitan
planning organization in which the boundaries of the
transportation facility is located, or any other publicly
approved publicly-approved plan.
(Source: P.A. 102-1094, eff. 6-15-22; revised 8-19-22.)
Section 675. The Juvenile Court Act of 1987 is amended by
changing Sections 2-28 and 5-915 as follows:
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian

SB2437 - 1883 - LRB103 26700 AMC 53063 b
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in 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
his stead or restore the minor to the custody of his 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

SB2437 - 1884 - LRB103 26700 AMC 53063 b
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 35 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 file a written report with the court and
send copies of the report to all parties. Within 20 days of the
filing of the report, 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

SB2437 - 1885 - LRB103 26700 AMC 53063 b
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

SB2437 - 1886 - LRB103 26700 AMC 53063 b
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,

SB2437 - 1887 - LRB103 26700 AMC 53063 b
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 his or her 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

SB2437 - 1888 - LRB103 26700 AMC 53063 b
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

SB2437 - 1889 - LRB103 26700 AMC 53063 b
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

SB2437 - 1890 - LRB103 26700 AMC 53063 b
the service plan.
(G) The minor will be in substitute care because he or
she cannot be provided for in a home environment due to
developmental disabilities or mental illness or because he
or she 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

SB2437 - 1891 - LRB103 26700 AMC 53063 b
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 his or her
relative or foster care placement;
(b) the child exhibits an extreme level of
need such that the removal of the child from his or
her 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

SB2437 - 1892 - LRB103 26700 AMC 53063 b
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.

SB2437 - 1893 - LRB103 26700 AMC 53063 b
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 his or her 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

SB2437 - 1894 - LRB103 26700 AMC 53063 b
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.

SB2437 - 1895 - LRB103 26700 AMC 53063 b
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

SB2437 - 1896 - LRB103 26700 AMC 53063 b
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 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

SB2437 - 1897 - LRB103 26700 AMC 53063 b
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 his 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

SB2437 - 1898 - LRB103 26700 AMC 53063 b
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 his or her health or safety and

SB2437 - 1899 - LRB103 26700 AMC 53063 b
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 his 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 his consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of

SB2437 - 1900 - LRB103 26700 AMC 53063 b
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 his or her health or safety and

SB2437 - 1901 - LRB103 26700 AMC 53063 b
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. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised
8-23-22.)
(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 subsection (0.1), all juvenile

SB2437 - 1902 - LRB103 26700 AMC 53063 b
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

SB2437 - 1903 - LRB103 26700 AMC 53063 b
State Police, the record will be maintained for a period of 5
years according to all other provisions in 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 his or her
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

SB2437 - 1904 - LRB103 26700 AMC 53063 b
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
his or her 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 his or her 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 his or her 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

SB2437 - 1905 - LRB103 26700 AMC 53063 b
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
his or her designee, certifies in writing that certain

SB2437 - 1906 - LRB103 26700 AMC 53063 b
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 his or her 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,

SB2437 - 1907 - LRB103 26700 AMC 53063 b
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 his or
her 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 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

SB2437 - 1908 - LRB103 26700 AMC 53063 b
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) The Illinois State Police shall allow a person to
use the Access and Review process, established in the Illinois
State Police, for verifying that his or her juvenile law
enforcement records relating to incidents occurring before his
or her 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 to expunge all juvenile
law enforcement records relating to any incidents occurring
before his or her 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

SB2437 - 1909 - LRB103 26700 AMC 53063 b
Criminal Code of 2012 if the person is required to register
under the Sex Offender Registration Act at the time he or she
petitions the court for expungement; provided that 2 years
have elapsed since all juvenile court proceedings relating to
him or her have been terminated and his or her 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
his or her 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

SB2437 - 1910 - LRB103 26700 AMC 53063 b
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) he or she may apply to have
petition fees waived, (iii) once he or she obtains an
expungement, he or she may not be required to disclose that he
or she had a juvenile law enforcement or juvenile court
record, and (iv) if petitioning he or she may file the petition
on his or her own or with the assistance of an attorney. The
failure of the judge to inform the delinquent minor of his or
her 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).

SB2437 - 1911 - LRB103 26700 AMC 53063 b
(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; revised 8-23-22.)
Section 680. The Criminal Code of 2012 is amended by
changing Sections 11-35 and 24-2 as follows:
(720 ILCS 5/11-35) (was 720 ILCS 5/11-7)
Sec. 11-35. Adultery.
(a) A person commits adultery when he or she has sexual
intercourse with another not his or her spouse, if the

SB2437 - 1912 - LRB103 26700 AMC 53063 b
behavior is open and notorious, and:
(1) the The person is married and knows the other
person involved in such intercourse is not his spouse; or
(2) the The person is not married and knows that the
other person involved in such intercourse is married.
A person shall be exempt from prosecution under this
Section if his liability is based solely on evidence he has
given in order to comply with the requirements of Section
4-1.7 of the "The Illinois Public Aid Code", approved April
11, 1967, as amended.
(b) Sentence.
Adultery is a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11; revised 3-16-22.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while

SB2437 - 1913 - LRB103 26700 AMC 53063 b
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance
of the duties of their employment or commuting between
their homes and places of employment; and watchmen while
actually engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their
homes and places of employment. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm

SB2437 - 1914 - LRB103 26700 AMC 53063 b
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor
agency and 28 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the private security contractor,
private detective, or private alarm contractor, or
employee of the licensed private security contractor,
private detective, or private alarm contractor agency at
all times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,

SB2437 - 1915 - LRB103 26700 AMC 53063 b
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than
48 hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 28 hours of
required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004. The firearm control card shall be carried by the
security guard at all times when he or she is in possession
of a concealable weapon permitted by his or her firearm
control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while

SB2437 - 1916 - LRB103 26700 AMC 53063 b
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department; provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 48 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if
he or she has completed the required 20 hours of training
for a security officer and 28 hours of required firearm
training, and has been issued a firearm control card by
the Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the security guard at all times
when he or she is in possession of a concealable weapon
permitted by his or her firearm control card. For purposes
of this subsection, "financial institution" means a bank,
savings and loan association, credit union or company

SB2437 - 1917 - LRB103 26700 AMC 53063 b
providing armored car services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of
the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed, if they
have received weapons training according to requirements
of the Peace Officer and Probation Officer Firearm
Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.

SB2437 - 1918 - LRB103 26700 AMC 53063 b
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect a qualified current or retired law enforcement
officer or a current or retired deputy, county correctional
officer, or correctional officer of the Department of
Corrections qualified under the laws of this State or under
the federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are

SB2437 - 1919 - LRB103 26700 AMC 53063 b
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers, or fishermen while engaged in
lawful hunting, trapping, or fishing under the provisions
of the Wildlife Code or the Fish and Aquatic Life Code.
(4) Transportation of weapons that are broken down in
a non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that
person's permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the

SB2437 - 1920 - LRB103 26700 AMC 53063 b
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the
lawful scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,
shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for

SB2437 - 1921 - LRB103 26700 AMC 53063 b
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling
the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or
(B) the person is an active member of a bona fide,
nationally recognized military re-enacting group and the
modification is required and necessary to accurately
portray the weapon for historical re-enactment purposes;
the re-enactor is in possession of a valid and current
re-enacting group membership credential; and the overall
length of the weapon as modified is not less than 26
inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a
peace officer.

SB2437 - 1922 - LRB103 26700 AMC 53063 b
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordnance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply
of those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased

SB2437 - 1923 - LRB103 26700 AMC 53063 b
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device
or attachment of any kind designed, used, or intended for use
in silencing the report of any firearm, firearms, or
ammunition for those firearms equipped with those devices, and
actually engaged in the business of manufacturing those
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,
such as the manufacture, transportation, or testing of those
devices, firearms, or ammunition. This exemption does not
authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession
and activities as are within the lawful scope of a licensed
manufacturing business described in this subsection (g-5).
During transportation, these devices shall be detached from
any weapon or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally

SB2437 - 1924 - LRB103 26700 AMC 53063 b
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) (Blank).
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall have
the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is engaged;
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the
subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;

SB2437 - 1925 - LRB103 26700 AMC 53063 b
102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
12-14-22.)
Section 685. The Illinois Controlled Substances Act is
amended by changing Section 312 as follows:
(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
Sec. 312. Requirements for dispensing controlled
substances.
(a) A practitioner, in good faith, may dispense a Schedule
II controlled substance, which is a narcotic drug listed in
Section 206 of this Act; or which contains any quantity of
amphetamine or methamphetamine, their salts, optical isomers
or salts of optical isomers; phenmetrazine and its salts; or
pentazocine; and Schedule III, IV, or V controlled substances
to any person upon a written or electronic prescription of any
prescriber, dated and signed by the person prescribing (or
electronically validated in compliance with Section 311.5) on
the day when issued and bearing the name and address of the
patient for whom, or the owner of the animal for which the
controlled substance is dispensed, and the full name, address
and registry number under the laws of the United States
relating to controlled substances of the prescriber, if he or
she is required by those laws to be registered. If the
prescription is for an animal it shall state the species of
animal for which it is ordered. The practitioner filling the

SB2437 - 1926 - LRB103 26700 AMC 53063 b
prescription shall, unless otherwise permitted, write the date
of filling and his or her own signature on the face of the
written prescription or, alternatively, shall indicate such
filling using a unique identifier as defined in paragraph (v)
of Section 3 of the Pharmacy Practice Act. The written
prescription shall be retained on file by the practitioner who
filled it or pharmacy in which the prescription was filled for
a period of 2 years, so as to be readily accessible for
inspection or removal by any officer or employee engaged in
the enforcement of this Act. Whenever the practitioner's or
pharmacy's copy of any prescription is removed by an officer
or employee engaged in the enforcement of this Act, for the
purpose of investigation or as evidence, such officer or
employee shall give to the practitioner or pharmacy a receipt
in lieu thereof. If the specific prescription is machine or
computer generated and printed at the prescriber's office, the
date does not need to be handwritten. A prescription for a
Schedule II controlled substance shall not be issued for more
than a 30 day supply, except as provided in subsection (a-5),
and shall be valid for up to 90 days after the date of
issuance. A written prescription for Schedule III, IV or V
controlled substances shall not be filled or refilled more
than 6 months after the date thereof or refilled more than 5
times unless renewed, in writing, by the prescriber. A
pharmacy shall maintain a policy regarding the type of
identification necessary, if any, to receive a prescription in

SB2437 - 1927 - LRB103 26700 AMC 53063 b
accordance with State and federal law. The pharmacy must post
such information where prescriptions are filled.
(a-5) Physicians may issue multiple prescriptions (3
sequential 30-day supplies) for the same Schedule II
controlled substance, authorizing up to a 90-day supply.
Before authorizing a 90-day supply of a Schedule II controlled
substance, the physician must meet the following conditions:
(1) Each separate prescription must be issued for a
legitimate medical purpose by an individual physician
acting in the usual course of professional practice.
(2) The individual physician must provide written
instructions on each prescription (other than the first
prescription, if the prescribing physician intends for the
prescription to be filled immediately) indicating the
earliest date on which a pharmacy may fill that
prescription.
(3) The physician shall document in the medical record
of a patient the medical necessity for the amount and
duration of the 3 sequential 30-day prescriptions for
Schedule II narcotics.
(a-10) Prescribers who issue a prescription for an opioid
shall inform the patient that opioids are addictive and that
opioid antagonists are available by prescription or from a
pharmacy.
(b) In lieu of a written prescription required by this
Section, a pharmacist, in good faith, may dispense Schedule

SB2437 - 1928 - LRB103 26700 AMC 53063 b
III, IV, or V substances to any person either upon receiving a
facsimile of a written, signed prescription transmitted by the
prescriber or the prescriber's agent or upon a lawful oral
prescription of a prescriber which oral prescription shall be
reduced promptly to writing by the pharmacist and such written
memorandum thereof shall be dated on the day when such oral
prescription is received by the pharmacist and shall bear the
full name and address of the ultimate user for whom, or of the
owner of the animal for which the controlled substance is
dispensed, and the full name, address, and registry number
under the law of the United States relating to controlled
substances of the prescriber prescribing if he or she is
required by those laws to be so registered, and the pharmacist
filling such oral prescription shall write the date of filling
and his or her own signature on the face of such written
memorandum thereof. The facsimile copy of the prescription or
written memorandum of the oral prescription shall be retained
on file by the proprietor of the pharmacy in which it is filled
for a period of not less than two years, so as to be readily
accessible for inspection by any officer or employee engaged
in the enforcement of this Act in the same manner as a written
prescription. The facsimile copy of the prescription or oral
prescription and the written memorandum thereof shall not be
filled or refilled more than 6 months after the date thereof or
be refilled more than 5 times, unless renewed, in writing, by
the prescriber.

SB2437 - 1929 - LRB103 26700 AMC 53063 b
(c) Except for any non-prescription targeted
methamphetamine precursor regulated by the Methamphetamine
Precursor Control Act, a controlled substance included in
Schedule V shall not be distributed or dispensed other than
for a medical purpose and not for the purpose of evading this
Act, and then:
(1) only personally by a person registered to dispense
a Schedule V controlled substance and then only to his or
her patients, or
(2) only personally by a pharmacist, and then only to
a person over 21 years of age who has identified himself or
herself to the pharmacist by means of 2 positive documents
of identification.
The (3) the dispenser shall record the name and address of
the purchaser, the name and quantity of the product, the date
and time of the sale, and the dispenser's signature.
No (4) no person shall purchase or be dispensed more than
120 milliliters or more than 120 grams of any Schedule V
substance which contains codeine, dihydrocodeine, or any salts
thereof, or ethylmorphine, or any salts thereof, in any
96-hour 96 hour period. The purchaser shall sign a form,
approved by the Department of Financial and Professional
Regulation, attesting that he or she has not purchased any
Schedule V controlled substances within the immediately
preceding 96 hours.
(5) (Blank).

SB2437 - 1930 - LRB103 26700 AMC 53063 b
All (6) all records of purchases and sales shall be
maintained for not less than 2 years.
No (7) no person shall obtain or attempt to obtain within
any consecutive 96-hour 96 hour period any Schedule V
substances of more than 120 milliliters or more than 120 grams
containing codeine, dihydrocodeine or any of its salts, or
ethylmorphine or any of its salts. Any person obtaining any
such preparations or combination of preparations in excess of
this limitation shall be in unlawful possession of such
controlled substance.
A (8) a person qualified to dispense controlled substances
under this Act and registered thereunder shall at no time
maintain or keep in stock a quantity of Schedule V controlled
substances in excess of 4.5 liters for each substance; a
pharmacy shall at no time maintain or keep in stock a quantity
of Schedule V controlled substances as defined in excess of
4.5 liters for each substance, plus the additional quantity of
controlled substances necessary to fill the largest number of
prescription orders filled by that pharmacy for such
controlled substances in any one week in the previous year.
These limitations shall not apply to Schedule V controlled
substances which Federal law prohibits from being dispensed
without a prescription.
No (9) no person shall distribute or dispense butyl
nitrite for inhalation or other introduction into the human
body for euphoric or physical effect.

SB2437 - 1931 - LRB103 26700 AMC 53063 b
(d) Every practitioner shall keep a record or log of
controlled substances received by him or her and a record of
all such controlled substances administered, dispensed or
professionally used by him or her otherwise than by
prescription. It shall, however, be sufficient compliance with
this paragraph if any practitioner utilizing controlled
substances listed in Schedules III, IV and V shall keep a
record of all those substances dispensed and distributed by
him or her other than those controlled substances which are
administered by the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any
other means to the body of a patient or research subject. A
practitioner who dispenses, other than by administering, a
controlled substance in Schedule II, which is a narcotic drug
listed in Section 206 of this Act, or which contains any
quantity of amphetamine or methamphetamine, their salts,
optical isomers or salts of optical isomers, pentazocine, or
methaqualone shall do so only upon the issuance of a written
prescription blank or electronic prescription issued by a
prescriber.
(e) Whenever a manufacturer distributes a controlled
substance in a package prepared by him or her, and whenever a
wholesale distributor distributes a controlled substance in a
package prepared by him or her or the manufacturer, he or she
shall securely affix to each package in which that substance
is contained a label showing in legible English the name and

SB2437 - 1932 - LRB103 26700 AMC 53063 b
address of the manufacturer, the distributor and the quantity,
kind and form of controlled substance contained therein. No
person except a pharmacist and only for the purposes of
filling a prescription under this Act, shall alter, deface or
remove any label so affixed.
(f) Whenever a practitioner dispenses any controlled
substance except a non-prescription Schedule V product or a
non-prescription targeted methamphetamine precursor regulated
by the Methamphetamine Precursor Control Act, he or she shall
affix to the container in which such substance is sold or
dispensed, a label indicating the date of initial filling, the
practitioner's name and address, the name of the patient, the
name of the prescriber, the directions for use and cautionary
statements, if any, contained in any prescription or required
by law, the proprietary name or names or the established name
of the controlled substance, and the dosage and quantity,
except as otherwise authorized by regulation by the Department
of Financial and Professional Regulation. No person shall
alter, deface or remove any label so affixed as long as the
specific medication remains in the container.
(g) A person to whom or for whose use any controlled
substance has been prescribed or dispensed by a practitioner,
or other persons authorized under this Act, and the owner of
any animal for which such substance has been prescribed or
dispensed by a veterinarian, may lawfully possess such
substance only in the container in which it was delivered to

SB2437 - 1933 - LRB103 26700 AMC 53063 b
him or her by the person dispensing such substance.
(h) The responsibility for the proper prescribing or
dispensing of controlled substances that are under the
prescriber's direct control is upon the prescriber. The
responsibility for the proper filling of a prescription for
controlled substance drugs rests with the pharmacist. An order
purporting to be a prescription issued to any individual,
which is not in the regular course of professional treatment
nor part of an authorized methadone maintenance program, nor
in legitimate and authorized research instituted by any
accredited hospital, educational institution, charitable
foundation, or federal, state or local governmental agency,
and which is intended to provide that individual with
controlled substances sufficient to maintain that individual's
or any other individual's physical or psychological addiction,
habitual or customary use, dependence, or diversion of that
controlled substance is not a prescription within the meaning
and intent of this Act; and the person issuing it, shall be
subject to the penalties provided for violations of the law
relating to controlled substances.
(i) A prescriber shall not pre-print or cause to be
pre-printed a prescription for any controlled substance; nor
shall any practitioner issue, fill or cause to be issued or
filled, a pre-printed prescription for any controlled
substance.
(i-5) A prescriber may use a machine or electronic device

SB2437 - 1934 - LRB103 26700 AMC 53063 b
to individually generate a printed prescription, but the
prescriber is still required to affix his or her manual
signature.
(j) No person shall manufacture, dispense, deliver,
possess with intent to deliver, prescribe, or administer or
cause to be administered under his or her direction any
anabolic steroid, for any use in humans other than the
treatment of disease in accordance with the order of a
physician licensed to practice medicine in all its branches
for a valid medical purpose in the course of professional
practice. The use of anabolic steroids for the purpose of
hormonal manipulation that is intended to increase muscle
mass, strength or weight without a medical necessity to do so,
or for the intended purpose of improving physical appearance
or performance in any form of exercise, sport, or game, is not
a valid medical purpose or in the course of professional
practice.
(k) Controlled substances may be mailed if all of the
following conditions are met:
(1) The controlled substances are not outwardly
dangerous and are not likely, of their own force, to cause
injury to a person's life or health.
(2) The inner container of a parcel containing
controlled substances must be marked and sealed as
required under this Act and its rules, and be placed in a
plain outer container or securely wrapped in plain paper.

SB2437 - 1935 - LRB103 26700 AMC 53063 b
(3) If the controlled substances consist of
prescription medicines, the inner container must be
labeled to show the name and address of the pharmacy or
practitioner dispensing the prescription.
(4) The outside wrapper or container must be free of
markings that would indicate the nature of the contents.
(l) Notwithstanding any other provision of this Act to the
contrary, emergency medical services personnel may administer
Schedule II, III, IV, or V controlled substances to a person in
the scope of their employment without a written, electronic,
or oral prescription of a prescriber.
(Source: P.A. 102-1040, eff. 1-1-23; revised 12-30-22.)
Section 690. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-1, 112A-5.5, and 115-11 as
follows:
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions. As used in this Article:
(a) (Blank).
(b) "Sureties" encompasses the nonmonetary requirements
set by the court as conditions for release either before or
after conviction.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which

SB2437 - 1936 - LRB103 26700 AMC 53063 b
a sentence of imprisonment in the Department of Corrections,
without probation, periodic imprisonment or conditional
discharge, is required by law upon conviction.
(d)(Blank).
(e) "Protective order" means any order of protection
issued under Section 112A-14 of this Code or the Illinois
Domestic Violence Act of 1986, a stalking no contact order
issued under Section 80 of the Stalking No Contact Order Act,
or a civil no contact order issued under Section 213 of the
Civil No Contact Order Act.
(f) "Willful flight" means intentional conduct with a
purpose to thwart the judicial process to avoid prosecution.
Isolated instances of nonappearance in court alone are not
evidence of the risk of willful flight. Reoccurrence and
patterns of intentional conduct to evade prosecution, along
with any affirmative steps to communicate or remedy any such
missed court date, may be considered as factors in assessing
future intent to evade prosecution.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1104, eff. 1-1-23; revised 12-13-22.)
(725 ILCS 5/112A-5.5)
Sec. 112A-5.5. Time for filing petition; service on
respondent, hearing on petition, and default orders.
(a) A petition for a protective order may be filed at any
time, in person in-person or online, after a criminal charge

SB2437 - 1937 - LRB103 26700 AMC 53063 b
or delinquency petition is filed and before the charge or
delinquency petition is dismissed, the defendant or juvenile
is acquitted, or the defendant or juvenile completes service
of his or her sentence.
(b) The request for an ex parte protective order may be
considered without notice to the respondent under Section
112A-17.5 of this Code.
(c) A summons shall be issued and served for a protective
order. The summons may be served by delivery to the respondent
personally in open court in the criminal or juvenile
delinquency proceeding, in the form prescribed by subsection
(d) of Supreme Court Rule 101, except that it shall require the
respondent to answer or appear within 7 days. Attachments to
the summons shall include the petition for protective order,
supporting affidavits, if any, and any ex parte protective
order that has been issued.
(d) The summons shall be served by the sheriff or other law
enforcement officer at the earliest time available and shall
take precedence over any other summons, except those of a
similar emergency nature. Attachments to the summons shall
include the petition for protective order, supporting
affidavits, if any, and any ex parte protective order that has
been issued. Special process servers may be appointed at any
time and their designation shall not affect the
responsibilities and authority of the sheriff or other
official process servers. In a county with a population over

SB2437 - 1938 - LRB103 26700 AMC 53063 b
3,000,000, a special process server may not be appointed if
the protective order grants the surrender of a child, the
surrender of a firearm or Firearm Owner's Identification Card,
or the exclusive possession of a shared residence.
(e) If the respondent is not served within 30 days of the
filing of the petition, the court shall schedule a court
proceeding on the issue of service. Either the petitioner, the
petitioner's counsel, or the State's Attorney shall appear and
the court shall either order continued attempts at personal
service or shall order service by publication, in accordance
with Sections 2-203, 2-206, and 2-207 of the Code of Civil
Procedure.
(f) The request for a final protective order can be
considered at any court proceeding in the delinquency or
criminal case after service of the petition. If the petitioner
has not been provided notice of the court proceeding at least
10 days in advance of the proceeding, the court shall schedule
a hearing on the petition and provide notice to the
petitioner.
(f-5) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a protective order. The court has the discretion to grant or
deny the request for a remote hearing. Each court shall
determine the procedure for a remote hearing. The petitioner
and respondent may appear remotely or in person in-person.
The court shall issue and publish a court order, standing

SB2437 - 1939 - LRB103 26700 AMC 53063 b
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(g) Default orders.
(1) A final domestic violence order of protection may
be entered by default:
(A) for any of the remedies sought in the
petition, if the respondent has been served with
documents under subsection (b) or (c) of this Section
and if the respondent fails to appear on the specified
return date or any subsequent hearing date agreed to
by the petitioner and respondent or set by the court;
or
(B) for any of the remedies provided under
paragraph (1), (2), (3), (5), (6), (7), (8), (9),
(10), (11), (14), (15), (17), or (18) of subsection
(b) of Section 112A-14 of this Code, or if the
respondent fails to answer or appear in accordance
with the date set in the publication notice or the
return date indicated on the service of a household
member.

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(2) A final civil no contact order may be entered by
default for any of the remedies provided in Section
112A-14.5 of this Code, if the respondent has been served
with documents under subsection (b) or (c) of this
Section, and if the respondent fails to answer or appear
in accordance with the date set in the publication notice
or the return date indicated on the service of a household
member.
(3) A final stalking no contact order may be entered
by default for any of the remedies provided by Section
112A-14.7 of this Code, if the respondent has been served
with documents under subsection (b) or (c) of this Section
and if the respondent fails to answer or appear in
accordance with the date set in the publication notice or
the return date indicated on the service of a household
member.
(Source: P.A. 102-853, eff. 1-1-23; revised 12-12-22.)
(725 ILCS 5/115-11) (from Ch. 38, par. 115-11)
Sec. 115-11. In a prosecution for a criminal offense
defined in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or the Criminal Code of 2012, when
the alleged victim of the offense was a minor under 18 years of
age at the time of the offense, the court may exclude from the
proceedings while the victim is testifying, regardless of the

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alleged victim's age at the time of the victim's courtroom
testimony, all persons, who, in the opinion of the court, do
not have a direct interest in the case, except the media. When
the court publishes to the trier of fact videos, photographs,
or any depiction of a minor under 18 years of age engaged in a
sex act, the court may exclude from the proceedings all
persons, who, in the opinion of the court, do not have a direct
interest in the case, except the media. The court shall enter
its finding that particular parties are disinterested and the
basis for that finding into the record.
(Source: P.A. 102-994, eff. 5-27-22; revised 8-19-22.)
Section 695. The Unified Code of Corrections is amended by
changing Sections 3-5-1, 3-6-3, 3-6-7.3, and 3-7-2 as follows:
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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;
(2) reception summary;

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(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; and
(13) other information that the respective Department
determines is relevant to the secure confinement and
rehabilitation of the committed person.
(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

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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

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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, 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.

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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.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
revised 12-14-22.)
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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

SB2437 - 1946 - LRB103 26700 AMC 53063 b
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,

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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

SB2437 - 1948 - LRB103 26700 AMC 53063 b
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;

SB2437 - 1949 - LRB103 26700 AMC 53063 b
(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

SB2437 - 1950 - LRB103 26700 AMC 53063 b
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 or a prisoner who has been sentenced to death
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

SB2437 - 1951 - LRB103 26700 AMC 53063 b
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

SB2437 - 1952 - LRB103 26700 AMC 53063 b
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

SB2437 - 1953 - LRB103 26700 AMC 53063 b
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; 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

SB2437 - 1954 - LRB103 26700 AMC 53063 b
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

SB2437 - 1955 - LRB103 26700 AMC 53063 b
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

SB2437 - 1956 - LRB103 26700 AMC 53063 b
(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

SB2437 - 1957 - LRB103 26700 AMC 53063 b
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).
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

SB2437 - 1958 - LRB103 26700 AMC 53063 b
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

SB2437 - 1959 - LRB103 26700 AMC 53063 b
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

SB2437 - 1960 - LRB103 26700 AMC 53063 b
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.

SB2437 - 1961 - LRB103 26700 AMC 53063 b
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) 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

SB2437 - 1962 - LRB103 26700 AMC 53063 b
engaged in activities described in this paragraph.
(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

SB2437 - 1963 - LRB103 26700 AMC 53063 b
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

SB2437 - 1964 - LRB103 26700 AMC 53063 b
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

SB2437 - 1965 - LRB103 26700 AMC 53063 b
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

SB2437 - 1966 - LRB103 26700 AMC 53063 b
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

SB2437 - 1967 - LRB103 26700 AMC 53063 b
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

SB2437 - 1968 - LRB103 26700 AMC 53063 b
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

SB2437 - 1969 - LRB103 26700 AMC 53063 b
in Section 5-8A-7 of this Code.
(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
5-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
(730 ILCS 5/3-6-7.3)
Sec. 3-6-7.3. Committed person post-partum recovery
requirements. The Department shall ensure that, for a period
of 72 hours after the birth of an infant by a an committed
person:
(1) the infant is allowed to remain with the committed
person, unless a medical professional determines doing so
would pose a health or safety risk to the committed person
or infant based on information only available to the
Department. The mental health professional shall make any
such determination on an individualized basis and in
consultation with the birthing team of the pregnant person
and the Chief of the Women's Division. The birthing team
shall include the committed person's perinatal care
providers and doula, if available; and
(2) the committed person has access to any nutritional
or hygiene-related products necessary to care for the
infant, including diapers.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 2-28-22.)

SB2437 - 1970 - LRB103 26700 AMC 53063 b
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
(Text of Section before amendment by P.A. 102-1111)
Sec. 3-7-2. Facilities.
(a) All institutions and facilities of the Department
shall provide every committed person with access to toilet
facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials
that the Director deems pornographic.
(b) (Blank).
(c) All institutions and facilities of the Department
shall provide facilities for every committed person to leave
his cell for at least one hour each day unless the chief
administrative officer determines that it would be harmful or
dangerous to the security or safety of the institution or
facility.
(d) All institutions and facilities of the Department
shall provide every committed person with a wholesome and
nutritional diet at regularly scheduled hours, drinking water,
clothing adequate for the season, bedding, soap and towels and
medical and dental care.
(e) All institutions and facilities of the Department
shall permit every committed person to send and receive an
unlimited number of uncensored letters, provided, however,
that the Director may order that mail be inspected and read for

SB2437 - 1971 - LRB103 26700 AMC 53063 b
reasons of the security, safety or morale of the institution
or facility.
(f) All of the institutions and facilities of the
Department shall permit every committed person to receive
in-person visitors and video contact, if available, except in
case of abuse of the visiting privilege or when the chief
administrative officer determines that such visiting would be
harmful or dangerous to the security, safety or morale of the
institution or facility. Each committed person is entitled to
7 visits per month. Every committed person may submit a list of
at least 30 persons to the Department that are authorized to
visit the committed person. The list shall be kept in an
electronic format by the Department beginning on August 1,
2019, as well as available in paper form for Department
employees. The chief administrative officer shall have the
right to restrict visitation to non-contact visits, video, or
other forms of non-contact visits for reasons of safety,
security, and order, including, but not limited to,
restricting contact visits for committed persons engaged in
gang activity. No committed person in a super maximum security
facility or on disciplinary segregation is allowed contact
visits. Any committed person found in possession of illegal
drugs or who fails a drug test shall not be permitted contact
visits for a period of at least 6 months. Any committed person
involved in gang activities or found guilty of assault
committed against a Department employee shall not be permitted

SB2437 - 1972 - LRB103 26700 AMC 53063 b
contact visits for a period of at least 6 months. The
Department shall offer every visitor appropriate written
information concerning HIV and AIDS, including information
concerning how to contact the Illinois Department of Public
Health for counseling information. The Department shall
develop the written materials in consultation with the
Department of Public Health. The Department shall ensure that
all such information and materials are culturally sensitive
and reflect cultural diversity as appropriate. Implementation
of the changes made to this Section by Public Act 94-629 is
subject to appropriation. The Department shall seek the lowest
possible cost to provide video calling and shall charge to the
extent of recovering any demonstrated costs of providing video
calling. The Department shall not make a commission or profit
from video calling services. Nothing in this Section shall be
construed to permit video calling instead of in-person
visitation.
(f-5) (Blank).
(f-10) The Department may not restrict or limit in-person
visits to committed persons due to the availability of
interactive video conferences.
(f-15)(1) The Department shall issue a standard written
policy for each institution and facility of the Department
that provides for:
(A) the number of in-person visits each committed
person is entitled to per week and per month including the

SB2437 - 1973 - LRB103 26700 AMC 53063 b
requirements of subsection (f) of this Section;
(B) the hours of in-person visits;
(C) the type of identification required for visitors
at least 18 years of age; and
(D) the type of identification, if any, required for
visitors under 18 years of age.
(2) This policy shall be posted on the Department website
and at each facility.
(3) The Department shall post on its website daily any
restrictions or denials of visitation for that day and the
succeeding 5 calendar days, including those based on a
lockdown of the facility, to inform family members and other
visitors.
(g) All institutions and facilities of the Department
shall permit religious ministrations and sacraments to be
available to every committed person, but attendance at
religious services shall not be required.
(h) Within 90 days after December 31, 1996, the Department
shall prohibit the use of curtains, cell-coverings, or any
other matter or object that obstructs or otherwise impairs the
line of vision into a committed person's cell.
(i) A point of contact person appointed under subsection
(u-6) of Section 3-2-2 of this Code shall promptly and
efficiently review suggestions, complaints, and other requests
made by visitors to institutions and facilities of the
Department and by other members of the public. Based on the

SB2437 - 1974 - LRB103 26700 AMC 53063 b
nature of the submission, the point of contact person shall
communicate with the appropriate division of the Department,
disseminate the concern or complaint, and act as liaison
between the parties to reach a resolution.
(1) The point of contact person shall maintain
information about the subject matter of each
correspondence, including, but not limited to, information
about the following subjects:
(A) the parties making the submission;
(B) any commissary-related concerns;
(C) any concerns about the institution or
facility's COVID protocols and mitigations;
(D) any concerns about mail, video, or electronic
messages or other communications with incarcerated
persons;
(E) any concerns about the institution or
facility;
(F) any discipline-related concerns;
(G) any concerns about earned sentencing credits;
(H) any concerns about educational opportunities
for incarcerated persons;
(I) any concerns about health-related matters;
(J) any mental health concerns;
(K) any concerns about personal property;
(L) any concerns about the records of the
incarcerated person;

SB2437 - 1975 - LRB103 26700 AMC 53063 b
(M) any concerns about recreational opportunities
for incarcerated persons;
(N) any staffing-related concerns;
(O) any concerns about the transfer of individuals
in custody;
(P) any concerns about visitation; and
(Q) any concerns about work opportunities for
incarcerated persons.
The information shall be maintained in accordance with
standards set by the Department of Corrections, and shall
be made available to the Department's Planning and
Research Division. The point of contact person shall
provide a summary of the results of the review, including
any resolution or recommendations made as a result of
correspondence with the Planning and Research Division of
the Department.
(2) The Department shall provide an annual written
report to the General Assembly and the Governor, with the
first report due no later than January 1, 2023, and
publish the report on its website within 48 hours after
the report is transmitted to the Governor and the General
Assembly. The report shall include a summary of activities
undertaken and completed as a result of submissions to the
point of contact person. The Department of Corrections
shall collect and report the following aggregated and
disaggregated data for each institution and facility and

SB2437 - 1976 - LRB103 26700 AMC 53063 b
describe:
(A) the work of the point of contact person;
(B) the general nature of suggestions, complaints,
and other requests submitted to the point of contact
person;
(C) the volume of emails, calls, letters, and
other correspondence received by the point of contact
person;
(D) the resolutions reached or recommendations
made as a result of the point of contact person's
review;
(E) whether, if an investigation is recommended, a
report of the complaint was forwarded to the Chief
Inspector of the Department or other Department
employee, and the resolution of the complaint, and if
the investigation has not concluded, a detailed status
report on the complaint; and
(F) any recommendations that the point of contact
person has relating to systemic issues in the
Department of Corrections, and any other matters for
consideration by the General Assembly and the
Governor.
The name, address, or other personally identifiable
information of a person who files a complaint, suggestion,
or other request with the point of contact person, and
confidential records shall be redacted from the annual

SB2437 - 1977 - LRB103 26700 AMC 53063 b
report and are not subject to disclosure under the Freedom
of Information Act. The Department shall disclose the
records only if required by a court order on a showing of
good cause.
(3) The Department must post in a conspicuous place in
the waiting area of every facility or institution a sign
that contains in bold, black type the following:
(A) a short statement notifying visitors of the
point of contact person and that person's duty to
receive suggestions, complaints, or other requests;
and
(B) information on how to submit suggestions,
complaints, or other requests to the point of contact
person.
(Source: P.A. 102-1082, eff. 6-10-22.)
(Text of Section after amendment by P.A. 102-1111)
Sec. 3-7-2. Facilities.
(a) All institutions and facilities of the Department
shall provide every committed person with access to toilet
facilities, barber facilities, bathing facilities at least
once each week, a library of legal materials and published
materials including newspapers and magazines approved by the
Director. A committed person may not receive any materials
that the Director deems pornographic.
(b) (Blank).

SB2437 - 1978 - LRB103 26700 AMC 53063 b
(c) All institutions and facilities of the Department
shall provide facilities for every committed person to leave
his cell for at least one hour each day unless the chief
administrative officer determines that it would be harmful or
dangerous to the security or safety of the institution or
facility.
(d) All institutions and facilities of the Department
shall provide every committed person with a wholesome and
nutritional diet at regularly scheduled hours, drinking water,
clothing adequate for the season, including underwear,
bedding, soap and towels and medical and dental care.
Underwear provided to each committed person in all
institutions and facilities of the Department shall be free of
charge and shall be provided at any time upon request,
including multiple requests, of the committed person or as
needed by the committed person.
(e) All institutions and facilities of the Department
shall permit every committed person to send and receive an
unlimited number of uncensored letters, provided, however,
that the Director may order that mail be inspected and read for
reasons of the security, safety or morale of the institution
or facility.
(f) All of the institutions and facilities of the
Department shall permit every committed person to receive
in-person visitors and video contact, if available, except in
case of abuse of the visiting privilege or when the chief

SB2437 - 1979 - LRB103 26700 AMC 53063 b
administrative officer determines that such visiting would be
harmful or dangerous to the security, safety or morale of the
institution or facility. Each committed person is entitled to
7 visits per month. Every committed person may submit a list of
at least 30 persons to the Department that are authorized to
visit the committed person. The list shall be kept in an
electronic format by the Department beginning on August 1,
2019, as well as available in paper form for Department
employees. The chief administrative officer shall have the
right to restrict visitation to non-contact visits, video, or
other forms of non-contact visits for reasons of safety,
security, and order, including, but not limited to,
restricting contact visits for committed persons engaged in
gang activity. No committed person in a super maximum security
facility or on disciplinary segregation is allowed contact
visits. Any committed person found in possession of illegal
drugs or who fails a drug test shall not be permitted contact
visits for a period of at least 6 months. Any committed person
involved in gang activities or found guilty of assault
committed against a Department employee shall not be permitted
contact visits for a period of at least 6 months. The
Department shall offer every visitor appropriate written
information concerning HIV and AIDS, including information
concerning how to contact the Illinois Department of Public
Health for counseling information. The Department shall
develop the written materials in consultation with the

SB2437 - 1980 - LRB103 26700 AMC 53063 b
Department of Public Health. The Department shall ensure that
all such information and materials are culturally sensitive
and reflect cultural diversity as appropriate. Implementation
of the changes made to this Section by Public Act 94-629 is
subject to appropriation. The Department shall seek the lowest
possible cost to provide video calling and shall charge to the
extent of recovering any demonstrated costs of providing video
calling. The Department shall not make a commission or profit
from video calling services. Nothing in this Section shall be
construed to permit video calling instead of in-person
visitation.
(f-5) (Blank).
(f-10) The Department may not restrict or limit in-person
visits to committed persons due to the availability of
interactive video conferences.
(f-15)(1) The Department shall issue a standard written
policy for each institution and facility of the Department
that provides for:
(A) the number of in-person visits each committed
person is entitled to per week and per month including the
requirements of subsection (f) of this Section;
(B) the hours of in-person visits;
(C) the type of identification required for visitors
at least 18 years of age; and
(D) the type of identification, if any, required for
visitors under 18 years of age.

SB2437 - 1981 - LRB103 26700 AMC 53063 b
(2) This policy shall be posted on the Department website
and at each facility.
(3) The Department shall post on its website daily any
restrictions or denials of visitation for that day and the
succeeding 5 calendar days, including those based on a
lockdown of the facility, to inform family members and other
visitors.
(g) All institutions and facilities of the Department
shall permit religious ministrations and sacraments to be
available to every committed person, but attendance at
religious services shall not be required.
(h) Within 90 days after December 31, 1996, the Department
shall prohibit the use of curtains, cell-coverings, or any
other matter or object that obstructs or otherwise impairs the
line of vision into a committed person's cell.
(i) A point of contact person appointed under subsection
(u-6) of Section 3-2-2 of this Code shall promptly and
efficiently review suggestions, complaints, and other requests
made by visitors to institutions and facilities of the
Department and by other members of the public. Based on the
nature of the submission, the point of contact person shall
communicate with the appropriate division of the Department,
disseminate the concern or complaint, and act as liaison
between the parties to reach a resolution.
(1) The point of contact person shall maintain
information about the subject matter of each

SB2437 - 1982 - LRB103 26700 AMC 53063 b
correspondence, including, but not limited to, information
about the following subjects:
(A) the parties making the submission;
(B) any commissary-related concerns;
(C) any concerns about the institution or
facility's COVID protocols and mitigations;
(D) any concerns about mail, video, or electronic
messages or other communications with incarcerated
persons;
(E) any concerns about the institution or
facility;
(F) any discipline-related concerns;
(G) any concerns about earned sentencing credits;
(H) any concerns about educational opportunities
for incarcerated persons;
(I) any concerns about health-related matters;
(J) any mental health concerns;
(K) any concerns about personal property;
(L) any concerns about the records of the
incarcerated person;
(M) any concerns about recreational opportunities
for incarcerated persons;
(N) any staffing-related concerns;
(O) any concerns about the transfer of individuals
in custody;
(P) any concerns about visitation; and

SB2437 - 1983 - LRB103 26700 AMC 53063 b
(Q) any concerns about work opportunities for
incarcerated persons.
The information shall be maintained in accordance with
standards set by the Department of Corrections, and shall
be made available to the Department's Planning and
Research Division. The point of contact person shall
provide a summary of the results of the review, including
any resolution or recommendations made as a result of
correspondence with the Planning and Research Division of
the Department.
(2) The Department shall provide an annual written
report to the General Assembly and the Governor, with the
first report due no later than January 1, 2023, and
publish the report on its website within 48 hours after
the report is transmitted to the Governor and the General
Assembly. The report shall include a summary of activities
undertaken and completed as a result of submissions to the
point of contact person. The Department of Corrections
shall collect and report the following aggregated and
disaggregated data for each institution and facility and
describe:
(A) the work of the point of contact person;
(B) the general nature of suggestions, complaints,
and other requests submitted to the point of contact
person;
(C) the volume of emails, calls, letters, and

SB2437 - 1984 - LRB103 26700 AMC 53063 b
other correspondence received by the point of contact
person;
(D) the resolutions reached or recommendations
made as a result of the point of contact person's
review;
(E) whether, if an investigation is recommended, a
report of the complaint was forwarded to the Chief
Inspector of the Department or other Department
employee, and the resolution of the complaint, and if
the investigation has not concluded, a detailed status
report on the complaint; and
(F) any recommendations that the point of contact
person has relating to systemic issues in the
Department of Corrections, and any other matters for
consideration by the General Assembly and the
Governor.
The name, address, or other personally identifiable
information of a person who files a complaint, suggestion,
or other request with the point of contact person, and
confidential records shall be redacted from the annual
report and are not subject to disclosure under the Freedom
of Information Act. The Department shall disclose the
records only if required by a court order on a showing of
good cause.
(3) The Department must post in a conspicuous place in
the waiting area of every facility or institution a sign

SB2437 - 1985 - LRB103 26700 AMC 53063 b
that contains in bold, black type the following:
(A) a short statement notifying visitors of the
point of contact person and that person's duty to
receive suggestions, complaints, or other requests;
and
(B) information on how to submit suggestions,
complaints, or other requests to the point of contact
person.
(j) (i) Menstrual hygiene products shall be available, as
needed, free of charge, at all institutions and facilities of
the Department for all committed persons who menstruate. In
this subsection (j) (i), "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23;
revised 1-8-23.)
Section 700. The Illinois Substance Abuse Treatment
Program is amended by changing Section 1 as follows:
(730 ILCS 145/1) (from Ch. 38, par. 1531)
Sec. 1. Short Title. This Act shall be known and may be
cited as the Illinois Substance Abuse Treatment Program Act.
(Source: P.A. 86-1320; revised 2-28-22.)
Section 705. The Veterans and Servicemembers Court

SB2437 - 1986 - LRB103 26700 AMC 53063 b
Treatment Act is amended by changing Section 20 as follows:
(730 ILCS 167/20)
Sec. 20. Eligibility. Veterans and servicemembers are
eligible for veterans and servicemembers courts, provided the
following:
(a) A defendant may be admitted into a veterans and
servicemembers court program only upon the consent of the
defendant and with the approval of the court. A defendant
agrees to be admitted when a written consent to
participate is provided to the court in open court and the
defendant acknowledges understanding of its contents.
(a-5) Each veterans and servicemembers court shall
have a target population defined in its written policies
and procedures. The policies and procedures shall define
that court's eligibility and exclusionary criteria.
(b) A defendant shall be excluded from a veterans
Veterans and servicemembers court Servicemembers Court
program if any of one of the following applies:
(1) The crime is a crime of violence as set forth
in paragraph (3) of this subsection (b).
(2) The defendant does not demonstrate a
willingness to participate in a treatment program.
(3) The defendant has been convicted of a crime of
violence within the past 5 years excluding
incarceration time, parole, and periods of mandatory

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supervised release. As used in this paragraph, "crime
of violence" means: first degree murder, second degree
murder, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual
assault, armed robbery, aggravated arson, arson,
aggravated kidnapping and kidnapping, aggravated
battery resulting in great bodily harm or permanent
disability, aggravated domestic battery resulting in
great bodily harm or permanent disability, aggravated
criminal sexual abuse by a person in a position of
trust or authority over a child, stalking, aggravated
stalking, home invasion, aggravated vehicular
hijacking, or any offense involving the discharge of a
firearm.
(4) The defendant is charged with a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code in which
an individual is charged with aggravated driving under
the influence that resulted in the death of another
person or when the violation was a proximate cause of
the death, unless, pursuant to subparagraph (G) of
paragraph (1) of subsection (d) of Section 11-501 of
the Illinois Vehicle Code, the court determines that
extraordinary circumstances exist and require
probation.
(5) (Blank).

SB2437 - 1988 - LRB103 26700 AMC 53063 b
(6) (Blank).
(c) Notwithstanding subsection (a), the defendant may
be admitted into a veterans and servicemembers court
program only upon the agreement of the prosecutor if the
defendant is charged with a Class 2 or greater felony
violation of:
(1) Section 401, 401.1, 405, or 405.2 of the
Illinois Controlled Substances Act;
(2) Section 5, 5.1, or 5.2 of the Cannabis Control
Act; or
(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
or 65 of the Methamphetamine Control and Community
Protection Act.
(Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22;
revised 8-19-22.)
Section 710. The Eminent Domain Act is amended by changing
Sections 15-5-35 and 15-5-48 as follows:
(735 ILCS 30/15-5-35)
Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605
through 630 625. The following provisions of law may include
express grants of the power to acquire property by
condemnation or eminent domain:
(605 ILCS 5/4-501); Illinois Highway Code; Department of

SB2437 - 1989 - LRB103 26700 AMC 53063 b
Transportation and counties; for highway purposes.
(605 ILCS 5/4-502); Illinois Highway Code; Department of
Transportation; for ditches and drains.
(605 ILCS 5/4-505); Illinois Highway Code; Department of
Transportation; for replacement of railroad and public
utility property taken for highway purposes.
(605 ILCS 5/4-509); Illinois Highway Code; Department of
Transportation; for replacement of property taken for
highway purposes.
(605 ILCS 5/4-510); Illinois Highway Code; Department of
Transportation; for rights-of-way for future highway
purposes.
(605 ILCS 5/4-511); Illinois Highway Code; Department of
Transportation; for relocation of structures taken for
highway purposes.
(605 ILCS 5/5-107); Illinois Highway Code; counties; for
county highway relocation.
(605 ILCS 5/5-801); Illinois Highway Code; counties; for
highway purposes.
(605 ILCS 5/5-802); Illinois Highway Code; counties; for
ditches and drains.
(605 ILCS 5/6-309); Illinois Highway Code; highway
commissioners or county superintendents; for township or
road district roads.
(605 ILCS 5/6-801); Illinois Highway Code; highway
commissioners; for road district or township roads.

SB2437 - 1990 - LRB103 26700 AMC 53063 b
(605 ILCS 5/6-802); Illinois Highway Code; highway
commissioners; for ditches and drains.
(605 ILCS 5/8-102); Illinois Highway Code; Department of
Transportation, counties, and municipalities; for limiting
freeway access.
(605 ILCS 5/8-103); Illinois Highway Code; Department of
Transportation, counties, and municipalities; for freeway
purposes.
(605 ILCS 5/8-106); Illinois Highway Code; Department of
Transportation and counties; for relocation of existing
crossings for freeway purposes.
(605 ILCS 5/9-113); Illinois Highway Code; highway
authorities; for utility and other uses in rights-of-ways.
(605 ILCS 5/10-302); Illinois Highway Code; counties; for
bridge purposes.
(605 ILCS 5/10-602); Illinois Highway Code; municipalities;
for ferry and bridge purposes.
(605 ILCS 5/10-702); Illinois Highway Code; municipalities;
for bridge purposes.
(605 ILCS 5/10-901); Illinois Highway Code; Department of
Transportation; for ferry property.
(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway
Authority; for toll highway purposes.
(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll
Highway Authority; for its authorized purposes.
(605 ILCS 10/10); Toll Highway Act; Illinois State Toll

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Highway Authority; for property of a municipality or
political subdivision for toll highway purposes.
(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge
purposes.
(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose
of taking a toll bridge to make it a free bridge.
(605 ILCS 130/80); Public Private Agreements for the Illiana
Expressway Act; Department of Transportation; for the
Illiana Expressway project.
(610 ILCS 5/17); Railroad Incorporation Act; railroad
corporation; for real estate for railroad purposes.
(610 ILCS 5/18); Railroad Incorporation Act; railroad
corporations; for materials for railways.
(610 ILCS 5/19); Railroad Incorporation Act; railways; for
land along highways.
(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees
of railroad companies; for railroad purposes.
(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act;
street railroad companies; for street railroad purposes.
(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of
Natural Resources; for land along public waters for
pleasure, recreation, or sport purposes.
(615 ILCS 10/7.8); Illinois Waterway Act; Department of
Natural Resources; for waterways and appurtenances.
(615 ILCS 15/7); Flood Control Act of 1945; Department of
Natural Resources; for the purposes of the Act.

SB2437 - 1992 - LRB103 26700 AMC 53063 b
(615 ILCS 30/9); Illinois and Michigan Canal Management Act;
Department of Natural Resources; for dams, locks, and
improvements.
(615 ILCS 45/10); Illinois and Michigan Canal Development Act;
Department of Natural Resources; for development and
management of the canal.
(620 ILCS 5/72); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for
airport purposes.
(620 ILCS 5/73); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for
removal of airport hazards.
(620 ILCS 5/74); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for
airport purposes.
(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics
of the Department of Transportation; for air rights.
(620 ILCS 40/2 and 40/3); General County Airport and Landing
Field Act; counties; for airport purposes.
(620 ILCS 40/5); General County Airport and Landing Field Act;
counties; for removing hazards.
(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of
directors of airports and landing fields; for airport and
landing field purposes.
(620 ILCS 50/22 and 50/31); County Airports Act; counties; for
airport purposes.

SB2437 - 1993 - LRB103 26700 AMC 53063 b
(620 ILCS 50/24); County Airports Act; counties; for removal
of airport hazards.
(620 ILCS 50/26); County Airports Act; counties; for
acquisition of airport protection privileges.
(620 ILCS 52/15); County Air Corridor Protection Act;
counties; for airport zones.
(620 ILCS 55/1); East St. Louis Airport Act; Department of
Transportation; for airport in East St. Louis metropolitan
area.
(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the
O'Hare modernization program, including quick-take power.
(620 ILCS 75/2-15 and 75/2-90); Public-Private Agreements for
the South Suburban Airport Act; Department of
Transportation; for South Suburban Airport purposes.
(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State;
for general purposes.
(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers;
for railroad purposes, including quick-take power.
(630 ILCS 10/60); Innovations for Transportation
Infrastructure Act; for the purposes of constructing a
transportation facility under the Act.
(Source: P.A. 97-808, eff. 7-13-12; incorporates 98-109, eff.
7-25-13; 98-756, eff. 7-16-14; revised 9-12-22.)
(735 ILCS 30/15-5-48)
Sec. 15-5-48. Eminent domain powers in new Acts. The

SB2437 - 1994 - LRB103 26700 AMC 53063 b
following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
(Reserved). The Innovations for Transportation
Infrastructure Act; for the purposes of constructing a
transportation facility under the Act.
(Source: P.A. 102-1094, eff. 6-15-22; revised 9-12-22.)
Section 715. The Stalking No Contact Order Act is amended
by changing Sections 20 and 70 as follows:
(740 ILCS 21/20)
Sec. 20. Commencement of action; filing fees.
(a) An action for a stalking no contact order is
commenced:
(1) independently, by filing a petition for a stalking
no contact order in any civil court, unless specific
courts are designated by local rule or order; or
(2) in conjunction with a delinquency petition or a
criminal prosecution as provided in Article 112A of the
Code of Criminal Procedure of 1963.
(a-1) A petition for a stalking no contact order may be
filed in person in-person or online.
(a-5) When a petition for an emergency stalking no contact
order is filed, the petition and file shall not be public and
shall only be accessible to the court, law enforcement,
petitioner, victim advocate, counsel of record for either

SB2437 - 1995 - LRB103 26700 AMC 53063 b
party, and the State's Attorney for the county until the
petition is served on the respondent.
(b) Withdrawal or dismissal of any petition for a stalking
no contact order prior to adjudication where the petitioner is
represented by the State shall operate as a dismissal without
prejudice. No action for a stalking no contact order shall be
dismissed because the respondent is being prosecuted for a
crime against the petitioner. For any action commenced under
item (2) of subsection (a) of this Section, dismissal of the
conjoined case (or a finding of not guilty) shall not require
dismissal of the action for a stalking no contact order;
instead, it may be treated as an independent action and, if
necessary and appropriate, transferred to a different court or
division.
(c) No fee shall be charged by the clerk of the court for
filing petitions or modifying or certifying orders. No fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms for filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
102-853, eff. 1-1-23; revised 12-14-22.)
(740 ILCS 21/70)

SB2437 - 1996 - LRB103 26700 AMC 53063 b
Sec. 70. Hearings.
(a) A petition for a stalking no contact order shall be
treated as an expedited proceeding, and no court may transfer
or otherwise decline to decide all or part of such petition.
Nothing in this Section shall prevent the court from reserving
issues if jurisdiction or notice requirements are not met.
(b) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a stalking no contact order. The court has the discretion to
grant or deny the request for a remote hearing. Each court
shall determine the procedure for a remote hearing. The
petitioner and respondent may appear remotely or in person
in-person.
The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(Source: P.A. 102-853, eff. 1-1-23; revised 12-12-22.)
Section 720. The Civil No Contact Order Act is amended by
changing Sections 202 and 210 as follows:

SB2437 - 1997 - LRB103 26700 AMC 53063 b
(740 ILCS 22/202)
Sec. 202. Commencement of action; filing fees.
(a) An action for a civil no contact order is commenced:
(1) independently, by filing a petition for a civil no
contact order in any civil court, unless specific courts
are designated by local rule or order; or
(2) in conjunction with a delinquency petition or a
criminal prosecution as provided in Article 112A of the
Code of Criminal Procedure of 1963.
(a-1) A petition for a civil no contact order may be filed
in person in-person or online.
(a-5) When a petition for an emergency civil no contact
order is filed, the petition and file shall not be public and
shall only be accessible to the court, law enforcement,
petitioner, rape crisis advocate, counsel of record for either
party, and the State's Attorney for the county until the
petition is served on the respondent.
(b) Withdrawal or dismissal of any petition for a civil no
contact order prior to adjudication where the petitioner is
represented by the State shall operate as a dismissal without
prejudice. No action for a civil no contact order shall be
dismissed because the respondent is being prosecuted for a
crime against the petitioner. For any action commenced under
item (2) of subsection (a) of this Section, dismissal of the
conjoined case (or a finding of not guilty) shall not require

SB2437 - 1998 - LRB103 26700 AMC 53063 b
dismissal of the action for a civil no contact order; instead,
it may be treated as an independent action and, if necessary
and appropriate, transferred to a different court or division.
(c) No fee shall be charged by the clerk of the court for
filing petitions or modifying or certifying orders. No fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms for filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
102-853, eff. 1-1-23; revised 12-14-22.)
(740 ILCS 22/210)
Sec. 210. Hearings.
(a) A petition for a civil no contact order shall be
treated as an expedited proceeding, and no court may transfer
or otherwise decline to decide all or part of such petition.
Nothing in this Section shall prevent the court from reserving
issues if jurisdiction or notice requirements are not met.
(b) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a civil no contact order. The court has the discretion to grant
or deny the request for a remote hearing. Each court shall
determine the procedure for a remote hearing. The petitioner

SB2437 - 1999 - LRB103 26700 AMC 53063 b
and respondent may appear remotely or in person in-person.
The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(Source: P.A. 102-853, eff. 1-1-23; revised 12-12-22.)
Section 725. The Crime Victims Compensation Act is amended
by changing Section 2 as follows:
(740 ILCS 45/2)
(Text of Section before amendment by P.A. 102-982)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
or the Attorney General finds is entitled to compensation,
including the guardian of a minor or of a person under legal
disability. It includes any person who was a dependent of a
deceased victim of a crime of violence for his or her support
at the time of the death of that victim.

SB2437 - 2000 - LRB103 26700 AMC 53063 b
The changes made to this subsection by Public Act 101-652
this amendatory Act of the 101st General Assembly apply to
actions commenced or pending on or after January 1, 2022.
(b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
(c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
the Cemetery Protection Act, Section 125 of the Stalking No
Contact Order Act, Section 219 of the Civil No Contact Order
Act, driving under the influence as defined in Section 11-501
of the Illinois Vehicle Code, a violation of Section 11-401 of
the Illinois Vehicle Code, provided the victim was a
pedestrian or was operating a vehicle moved solely by human
power or a mobility device at the time of contact, and a
violation of Section 11-204.1 of the Illinois Vehicle Code; so
long as the offense did not occur during a civil riot,
insurrection or rebellion. "Crime of violence" does not
include any other offense or accident involving a motor

SB2437 - 2001 - LRB103 26700 AMC 53063 b
vehicle except those vehicle offenses specifically provided
for in this paragraph. "Crime of violence" does include all of
the offenses specifically provided for in this paragraph that
occur within this State but are subject to federal
jurisdiction and crimes involving terrorism as defined in 18
U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the spouse, parent, or child
of a person killed or injured in this State as a result of a
crime of violence perpetrated or attempted against the person,
or anyone living in the household of a person killed or injured
in a relationship that is substantially similar to that of a
parent, spouse, or child, (3) a person killed or injured in
this State while attempting to assist a person against whom a
crime of violence is being perpetrated or attempted, if that
attempt of assistance would be expected of a reasonable person
under the circumstances, (4) a person killed or injured in
this State while assisting a law enforcement official
apprehend a person who has perpetrated a crime of violence or
prevent the perpetration of any such crime if that assistance
was in response to the express request of the law enforcement
official, (5) a person who personally witnessed a violent
crime, (5.05) a person who will be called as a witness by the
prosecution to establish a necessary nexus between the
offender and the violent crime, (5.1) solely for the purpose

SB2437 - 2002 - LRB103 26700 AMC 53063 b
of compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any other person under the age of 18
who is the brother, sister, half brother, or half sister of a
person killed or injured in this State as a result of a crime
of violence, (6) an Illinois resident who is a victim of a
"crime of violence" as defined in this Act except, if the crime
occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon
a showing that the state, territory, country, or political
subdivision of a country in which the crime occurred does not
have a compensation of victims of crimes law for which that
Illinois resident is eligible, (7) a deceased person whose
body is dismembered or whose remains are desecrated as the
result of a crime of violence, or (8) solely for the purpose of
compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any parent, spouse, or child under
the age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
(e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
(f) "Relative" means a spouse, parent, grandparent,

SB2437 - 2003 - LRB103 26700 AMC 53063 b
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
living in the household of a person killed or injured in a
relationship that is substantially similar to that of a
parent, spouse, or child.
(g) "Child" means a son or daughter and includes a
stepchild, an adopted child or a child born out of wedlock.
(h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, appropriate expenses for
care or counseling by a licensed clinical psychologist,
licensed clinical social worker, licensed professional
counselor, or licensed clinical professional counselor and
expenses for treatment by Christian Science practitioners and
nursing care appropriate thereto; transportation expenses to
and from medical and counseling treatment facilities;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; expenses incurred for the
towing and storage of a victim's vehicle in connection with a
crime of violence, to a maximum of $1,000; costs associated
with trafficking tattoo removal by a person authorized or
licensed to perform the specific removal procedure;
replacement costs for clothing and bedding used as evidence;

SB2437 - 2004 - LRB103 26700 AMC 53063 b
costs associated with temporary lodging or relocation
necessary as a result of the crime, including, but not limited
to, the first month's rent and security deposit of the
dwelling that the claimant relocated to and other reasonable
relocation expenses incurred as a result of the violent crime;
locks or windows necessary or damaged as a result of the crime;
the purchase, lease, or rental of equipment necessary to
create usability of and accessibility to the victim's real and
personal property, or the real and personal property which is
used by the victim, necessary as a result of the crime; the
costs of appropriate crime scene clean-up; replacement
services loss, to a maximum of $1,250 per month; dependents
replacement services loss, to a maximum of $1,250 per month;
loss of tuition paid to attend grammar school or high school
when the victim had been enrolled as a student prior to the
injury, or college or graduate school when the victim had been
enrolled as a day or night student prior to the injury when the
victim becomes unable to continue attendance at school as a
result of the crime of violence perpetrated against him or
her; loss of earnings, loss of future earnings because of
disability resulting from the injury, and, in addition, in the
case of death, expenses for funeral, burial, and travel and
transport for survivors of homicide victims to secure bodies
of deceased victims and to transport bodies for burial all of
which may be awarded up to a maximum of $10,000 and loss of
support of the dependents of the victim; in the case of

SB2437 - 2005 - LRB103 26700 AMC 53063 b
dismemberment or desecration of a body, expenses for funeral
and burial, all of which may be awarded up to a maximum of
$10,000. Loss of future earnings shall be reduced by any
income from substitute work actually performed by the victim
or by income he or she would have earned in available
appropriate substitute work he or she was capable of
performing but unreasonably failed to undertake. Loss of
earnings, loss of future earnings and loss of support shall be
determined on the basis of the victim's average net monthly
earnings for the 6 months immediately preceding the date of
the injury or on $2,400 per month, whichever is less or, in
cases where the absences commenced more than 3 years from the
date of the crime, on the basis of the net monthly earnings for
the 6 months immediately preceding the date of the first
absence, not to exceed $2,400 per month. If a divorced or
legally separated applicant is claiming loss of support for a
minor child of the deceased, the amount of support for each
child shall be based either on the amount of support pursuant
to the judgment prior to the date of the deceased victim's
injury or death, or, if the subject of pending litigation
filed by or on behalf of the divorced or legally separated
applicant prior to the injury or death, on the result of that
litigation. Real and personal property includes, but is not
limited to, vehicles, houses, apartments, town houses, or
condominiums. Pecuniary loss does not include pain and
suffering or property loss or damage.

SB2437 - 2006 - LRB103 26700 AMC 53063 b
The changes made to this subsection by Public Act 101-652
this amendatory Act of the 101st General Assembly apply to
actions commenced or pending on or after January 1, 2022.
(i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians
of minor dependents after a victim's death in obtaining
ordinary and necessary services in lieu of those the victim
would have performed, not for income, but for their benefit,
if he or she had not been fatally injured.
(k) "Survivor" means immediate family including a parent,
stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent,
stepparent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
102-27, eff. 6-25-21; 102-905, eff. 1-1-23; revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 2. Definitions. As used in this Act, unless the

SB2437 - 2007 - LRB103 26700 AMC 53063 b
context otherwise requires:
(a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
or the Attorney General finds is entitled to compensation,
including the guardian of a minor or of a person under legal
disability. It includes any person who was a dependent of a
deceased victim of a crime of violence for his or her support
at the time of the death of that victim.
The changes made to this subsection by Public Act 101-652
this amendatory Act of the 101st General Assembly apply to
actions commenced or pending on or after January 1, 2022.
(b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
(c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
the Cemetery Protection Act, Section 125 of the Stalking No
Contact Order Act, Section 219 of the Civil No Contact Order
Act, driving under the influence as defined in Section 11-501

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of the Illinois Vehicle Code, a violation of Section 11-401 of
the Illinois Vehicle Code, provided the victim was a
pedestrian or was operating a vehicle moved solely by human
power or a mobility device at the time of contact, and a
violation of Section 11-204.1 of the Illinois Vehicle Code; so
long as the offense did not occur during a civil riot,
insurrection or rebellion. "Crime of violence" does not
include any other offense or crash involving a motor vehicle
except those vehicle offenses specifically provided for in
this paragraph. "Crime of violence" does include all of the
offenses specifically provided for in this paragraph that
occur within this State but are subject to federal
jurisdiction and crimes involving terrorism as defined in 18
U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the spouse, parent, or child
of a person killed or injured in this State as a result of a
crime of violence perpetrated or attempted against the person,
or anyone living in the household of a person killed or injured
in a relationship that is substantially similar to that of a
parent, spouse, or child, (3) a person killed or injured in
this State while attempting to assist a person against whom a
crime of violence is being perpetrated or attempted, if that
attempt of assistance would be expected of a reasonable person
under the circumstances, (4) a person killed or injured in

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this State while assisting a law enforcement official
apprehend a person who has perpetrated a crime of violence or
prevent the perpetration of any such crime if that assistance
was in response to the express request of the law enforcement
official, (5) a person who personally witnessed a violent
crime, (5.05) a person who will be called as a witness by the
prosecution to establish a necessary nexus between the
offender and the violent crime, (5.1) solely for the purpose
of compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any other person under the age of 18
who is the brother, sister, half brother, or half sister of a
person killed or injured in this State as a result of a crime
of violence, (6) an Illinois resident who is a victim of a
"crime of violence" as defined in this Act except, if the crime
occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon
a showing that the state, territory, country, or political
subdivision of a country in which the crime occurred does not
have a compensation of victims of crimes law for which that
Illinois resident is eligible, (7) a deceased person whose
body is dismembered or whose remains are desecrated as the
result of a crime of violence, or (8) solely for the purpose of
compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any parent, spouse, or child under

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the age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
(e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
(f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
living in the household of a person killed or injured in a
relationship that is substantially similar to that of a
parent, spouse, or child.
(g) "Child" means a son or daughter and includes a
stepchild, an adopted child or a child born out of wedlock.
(h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, appropriate expenses for
care or counseling by a licensed clinical psychologist,
licensed clinical social worker, licensed professional
counselor, or licensed clinical professional counselor and
expenses for treatment by Christian Science practitioners and
nursing care appropriate thereto; transportation expenses to

SB2437 - 2011 - LRB103 26700 AMC 53063 b
and from medical and counseling treatment facilities;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; expenses incurred for the
towing and storage of a victim's vehicle in connection with a
crime of violence, to a maximum of $1,000; costs associated
with trafficking tattoo removal by a person authorized or
licensed to perform the specific removal procedure;
replacement costs for clothing and bedding used as evidence;
costs associated with temporary lodging or relocation
necessary as a result of the crime, including, but not limited
to, the first month's rent and security deposit of the
dwelling that the claimant relocated to and other reasonable
relocation expenses incurred as a result of the violent crime;
locks or windows necessary or damaged as a result of the crime;
the purchase, lease, or rental of equipment necessary to
create usability of and accessibility to the victim's real and
personal property, or the real and personal property which is
used by the victim, necessary as a result of the crime; the
costs of appropriate crime scene clean-up; replacement
services loss, to a maximum of $1,250 per month; dependents
replacement services loss, to a maximum of $1,250 per month;
loss of tuition paid to attend grammar school or high school
when the victim had been enrolled as a student prior to the
injury, or college or graduate school when the victim had been
enrolled as a day or night student prior to the injury when the
victim becomes unable to continue attendance at school as a

SB2437 - 2012 - LRB103 26700 AMC 53063 b
result of the crime of violence perpetrated against him or
her; loss of earnings, loss of future earnings because of
disability resulting from the injury, and, in addition, in the
case of death, expenses for funeral, burial, and travel and
transport for survivors of homicide victims to secure bodies
of deceased victims and to transport bodies for burial all of
which may be awarded up to a maximum of $10,000 and loss of
support of the dependents of the victim; in the case of
dismemberment or desecration of a body, expenses for funeral
and burial, all of which may be awarded up to a maximum of
$10,000. Loss of future earnings shall be reduced by any
income from substitute work actually performed by the victim
or by income he or she would have earned in available
appropriate substitute work he or she was capable of
performing but unreasonably failed to undertake. Loss of
earnings, loss of future earnings and loss of support shall be
determined on the basis of the victim's average net monthly
earnings for the 6 months immediately preceding the date of
the injury or on $2,400 per month, whichever is less or, in
cases where the absences commenced more than 3 years from the
date of the crime, on the basis of the net monthly earnings for
the 6 months immediately preceding the date of the first
absence, not to exceed $2,400 per month. If a divorced or
legally separated applicant is claiming loss of support for a
minor child of the deceased, the amount of support for each
child shall be based either on the amount of support pursuant

SB2437 - 2013 - LRB103 26700 AMC 53063 b
to the judgment prior to the date of the deceased victim's
injury or death, or, if the subject of pending litigation
filed by or on behalf of the divorced or legally separated
applicant prior to the injury or death, on the result of that
litigation. Real and personal property includes, but is not
limited to, vehicles, houses, apartments, town houses, or
condominiums. Pecuniary loss does not include pain and
suffering or property loss or damage.
The changes made to this subsection by Public Act 101-652
this amendatory Act of the 101st General Assembly apply to
actions commenced or pending on or after January 1, 2022.
(i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians
of minor dependents after a victim's death in obtaining
ordinary and necessary services in lieu of those the victim
would have performed, not for income, but for their benefit,
if he or she had not been fatally injured.
(k) "Survivor" means immediate family including a parent,
stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent,
stepparent, or permanent legal guardian of another person.

SB2437 - 2014 - LRB103 26700 AMC 53063 b
(m) "Trafficking tattoo" is a tattoo which is applied to a
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
102-27, eff. 6-25-21; 102-905, eff. 1-1-23; 102-982, eff.
7-1-23; revised 12-14-22.)
Section 730. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 202, 212, and 217 as follows:
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
Sec. 202. Commencement of action; filing fees; dismissal.
(a) How to commence action. Actions for orders of
protection are commenced:
(1) Independently: By filing a petition for an order
of protection in any civil court, unless specific courts
are designated by local rule or order.
(2) In conjunction with another civil proceeding: By
filing a petition for an order of protection under the
same case number as another civil proceeding involving the
parties, including, but not limited to: (i) any proceeding
under the Illinois Marriage and Dissolution of Marriage
Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
and Children Act, or Revised Uniform Reciprocal
Enforcement of Support Act or an action for nonsupport
brought under Article X of the Illinois Public Aid Code,

SB2437 - 2015 - LRB103 26700 AMC 53063 b
provided that a petitioner and the respondent are a party
to or the subject of that proceeding or (ii) a
guardianship proceeding under the Probate Act of 1975, or
a proceeding for involuntary commitment under the Mental
Health and Developmental Disabilities Code, or any
proceeding, other than a delinquency petition, under the
Juvenile Court Act of 1987, provided that a petitioner or
the respondent is a party to or the subject of such
proceeding.
(3) In conjunction with a delinquency petition or a
criminal prosecution as provided in Section 112A-20 of the
Code of Criminal Procedure of 1963.
(a-1) A petition for an order of protection may be filed in
person in-person or online.
(a-5) When a petition for an emergency order of protection
is filed, the petition shall not be publicly available until
the petition is served on the respondent.
(b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or orders; or for
issuing alias summons; or for any related filing service. No
fee shall be charged by the sheriff for service by the sheriff
of a petition, rule, motion, or order in an action commenced
under this Section.
(c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to

SB2437 - 2016 - LRB103 26700 AMC 53063 b
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent
action and, if necessary and appropriate, transferred to a
different court or division. Dismissal of any conjoined case
shall not affect the validity of any previously issued order
of protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
(d) Pro se petitions. The court shall provide, through the
office of the clerk of the court, simplified forms and
clerical assistance to help with the writing and filing of a
petition under this Section by any person not represented by
counsel. In addition, that assistance may be provided by the
State's Attorney state's attorney.
(e) As provided in this subsection, the administrative
director of the Administrative Office of the Illinois Courts,
with the approval of the administrative board of the courts,
may adopt rules to establish and implement a pilot program to

SB2437 - 2017 - LRB103 26700 AMC 53063 b
allow the electronic filing of petitions for temporary orders
of protection and the issuance of such orders by audio-visual
means to accommodate litigants for whom attendance in court to
file for and obtain emergency relief would constitute an undue
hardship or would constitute a risk of harm to the litigant.
(1) As used in this subsection:
(A) "Electronic means" means any method of
transmission of information between computers or other
machines designed for the purpose of sending or
receiving electronic transmission and that allows for
the recipient of information to reproduce the
information received in a tangible medium of
expression.
(B) "Independent audio-visual system" means an
electronic system for the transmission and receiving
of audio and visual signals, including those with the
means to preclude the unauthorized reception and
decoding of the signals by commercially available
television receivers, channel converters, or other
available receiving devices.
(C) "Electronic appearance" means an appearance in
which one or more of the parties are not present in the
court, but in which, by means of an independent
audio-visual system, all of the participants are
simultaneously able to see and hear reproductions of
the voices and images of the judge, counsel, parties,

SB2437 - 2018 - LRB103 26700 AMC 53063 b
witnesses, and any other participants.
(2) Any pilot program under this subsection (e) shall
be developed by the administrative director or his or her
delegate in consultation with at least one local
organization providing assistance to domestic violence
victims. The program plan shall include, but not be
limited to:
(A) identification of agencies equipped with or
that have access to an independent audio-visual system
and electronic means for filing documents; and
(B) identification of one or more organizations
who are trained and available to assist petitioners in
preparing and filing petitions for temporary orders of
protection and in their electronic appearances before
the court to obtain such orders; and
(C) identification of the existing resources
available in local family courts for the
implementation and oversight of the pilot program; and
(D) procedures for filing petitions and documents
by electronic means, swearing in the petitioners and
witnesses, preparation of a transcript of testimony
and evidence presented, and a prompt transmission of
any orders issued to the parties; and
(E) a timeline for implementation and a plan for
informing the public about the availability of the
program; and

SB2437 - 2019 - LRB103 26700 AMC 53063 b
(F) a description of the data to be collected in
order to evaluate and make recommendations for
improvements to the pilot program.
(3) In conjunction with an electronic appearance, any
petitioner for an ex parte temporary order of protection
may, using the assistance of a trained advocate if
necessary, commence the proceedings by filing a petition
by electronic means.
(A) A petitioner who is seeking an ex parte
temporary order of protection using an electronic
appearance must file a petition in advance of the
appearance and may do so electronically.
(B) The petitioner must show that traveling to or
appearing in court would constitute an undue hardship
or create a risk of harm to the petitioner. In granting
or denying any relief sought by the petitioner, the
court shall state the names of all participants and
whether it is granting or denying an appearance by
electronic means and the basis for such a
determination. A party is not required to file a
petition or other document by electronic means or to
testify by means of an electronic appearance.
(C) Nothing in this subsection (e) affects or
changes any existing laws governing the service of
process, including requirements for personal service
or the sealing and confidentiality of court records in

SB2437 - 2020 - LRB103 26700 AMC 53063 b
court proceedings or access to court records by the
parties to the proceedings.
(4) Appearances.
(A) All electronic appearances by a petitioner
seeking an ex parte temporary order of protection
under this subsection (e) are strictly voluntary and
the court shall obtain the consent of the petitioner
on the record at the commencement of each appearance.
(B) Electronic appearances under this subsection
(e) shall be recorded and preserved for transcription.
Documentary evidence, if any, referred to by a party
or witness or the court may be transmitted and
submitted and introduced by electronic means.
(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23;
revised 12-13-22.)
(750 ILCS 60/212) (from Ch. 40, par. 2312-12)
Sec. 212. Hearings.
(a) A petition for an order of protection shall be treated
as an expedited proceeding, and no court shall transfer or
otherwise decline to decide all or part of such petition
except as otherwise provided herein. Nothing in this Section
shall prevent the court from reserving issues when
jurisdiction or notice requirements are not met.
(b) Any court or a division thereof which ordinarily does
not decide matters of child custody and family support may

SB2437 - 2021 - LRB103 26700 AMC 53063 b
decline to decide contested issues of physical care, custody,
visitation, or family support unless a decision on one or more
of those contested issues is necessary to avoid the risk of
abuse, neglect, removal from the State state or concealment
within the State state of the child or of separation of the
child from the primary caretaker. If the court or division
thereof has declined to decide any or all of these issues, then
it shall transfer all undecided issues to the appropriate
court or division. In the event of such a transfer, a
government attorney involved in the criminal prosecution may,
but need not, continue to offer counsel to the petitioner on
transferred matters.
(c) If the court transfers or otherwise declines to decide
any issue, judgment on that issue shall be expressly reserved
and ruling on other issues shall not be delayed or declined.
(d) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
an order of protection. The court has the discretion to grant
or deny the request for a remote hearing. Each court shall
determine the procedure for a remote hearing. The petitioner
and respondent may appear remotely or in person in-person.
The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs

SB2437 - 2022 - LRB103 26700 AMC 53063 b
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(Source: P.A. 102-853, eff. 1-1-23; revised 12-13-22.)
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
Sec. 217. Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, the petitioner shall establish that:
(1) The court has jurisdiction under Section 208;
(2) The requirements of Section 214 are satisfied; and
(3) There is good cause to grant the remedy,
regardless of prior service of process or of notice upon
the respondent, because:
(i) For the remedies of "prohibition of abuse"
described in Section 214(b)(1), "stay away order and
additional prohibitions" described in Section
214(b)(3), "removal or concealment of minor child"
described in Section 214(b)(8), "order to appear"
described in Section 214(b)(9), "physical care and
possession of the minor child" described in Section
214(b)(5), "protection of property" described in
Section 214(b)(11), "prohibition of entry" described

SB2437 - 2023 - LRB103 26700 AMC 53063 b
in Section 214(b)(14), "prohibition of firearm
possession" described in Section 214(b)(14.5),
"prohibition of access to records" described in
Section 214(b)(15), and "injunctive relief" described
in Section 214(b)(16), the harm which that remedy is
intended to prevent would be likely to occur if the
respondent were given any prior notice, or greater
notice than was actually given, of the petitioner's
efforts to obtain judicial relief;
(ii) For the remedy of "grant of exclusive
possession of residence" described in Section
214(b)(2), the immediate danger of further abuse of
the petitioner by the respondent, if the petitioner
chooses or had chosen to remain in the residence or
household while the respondent was given any prior
notice or greater notice than was actually given of
the petitioner's efforts to obtain judicial relief,
outweighs the hardships to the respondent of an
emergency order granting the petitioner exclusive
possession of the residence or household. This remedy
shall not be denied because the petitioner has or
could obtain temporary shelter elsewhere while prior
notice is given to the respondent, unless the
hardships to respondent from exclusion from the home
substantially outweigh those to the petitioner;
(iii) For the remedy of "possession of personal

SB2437 - 2024 - LRB103 26700 AMC 53063 b
property" described in Section 214(b)(10), improper
disposition of the personal property would be likely
to occur if the respondent were given any prior
notice, or greater notice than was actually given, of
the petitioner's efforts to obtain judicial relief, or
the petitioner has an immediate and pressing need for
possession of that property.
An emergency order may not include the counseling, legal
custody, payment of support, or monetary compensation
remedies.
(a-5) When a petition for an emergency order of protection
is granted, the order and file shall not be public and shall
only be accessible to the court, the petitioner, law
enforcement, a domestic violence advocate or counselor, the
counsel of record for either party, and the State's Attorney
for the county until the order is served on the respondent.
(b) Appearance by respondent. If the respondent appears in
court for this hearing for an emergency order, he or she may
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 218 have been met, the court may issue
a 30-day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at
the close of business, the petitioner may file a petition

SB2437 - 2025 - LRB103 26700 AMC 53063 b
for a 21-day emergency order before any available circuit
judge or associate judge who may grant relief under this
Act. If the judge finds that there is an immediate and
present danger of abuse to the petitioner and that the
petitioner has satisfied the prerequisites set forth in
subsection (a) of Section 217, that judge may issue an
emergency order of protection.
(1.5) Issuance of order. The chief judge of the
circuit court may designate for each county in the circuit
at least one judge to be reasonably available to issue
orally, by telephone, by facsimile, or otherwise, an
emergency order of protection at all times, whether or not
the court is in session.
(2) Certification and transfer. The judge who issued
the order under this Section shall promptly communicate or
convey the order to the sheriff to facilitate the entry of
the order into the Law Enforcement Agencies Data System by
the Illinois State Police pursuant to Section 302. Any
order issued under this Section and any documentation in
support thereof shall be certified on the next court day
to the appropriate court. The clerk of that court shall
immediately assign a case number, file the petition, order
and other documents with the court, and enter the order of
record and file it with the sheriff for service, in
accordance with Section 222. Filing the petition shall
commence proceedings for further relief under Section 202.

SB2437 - 2026 - LRB103 26700 AMC 53063 b
Failure to comply with the requirements of this subsection
shall not affect the validity of the order.
(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;
102-831, eff. 5-13-22; revised 7-29-22.)
Section 735. The Trusts for Employees Act is amended by
changing the title of the Act and Sections 1 and 2 as follows:
(760 ILCS 40/Act title)
An Act concerning trusts for employees employes, including
their beneficiaries.
(760 ILCS 40/1) (from Ch. 48, par. 39t)
Sec. 1. A trust created as a part of a plan for the benefit
of some or all of the employees employes of one or more
employers, including, but without limitation, a stock bonus,
pension, disability, death benefit, profit sharing,
unemployment benefit or other plan, for the purpose of
distributing for the benefit of the employees employes,
including their beneficiaries, the earnings or the principal,
or both earnings and principal, of the fund held in trust, may
continue in perpetuity or for such time as may be necessary to
accomplish the purpose for which it is created, and shall not
be invalid as violating any rule of law against perpetuities
or suspension of the power of alienation of the title to
property.

SB2437 - 2027 - LRB103 26700 AMC 53063 b
(Source: Laws 1957, p. 305; revised 8-23-22.)
(760 ILCS 40/2) (from Ch. 48, par. 39u)
Sec. 2. No rule of law against perpetuities or suspension
of the power of alienation of the title to property shall
operate to invalidate any trust heretofore created or
attempted to be created by an employer as part of a stock
bonus, pension, disability, death benefit, or profit sharing
plan for the benefit of some or all of his employees employes
to which contributions are made by the employer or employees
employes or both, for the purpose of distributing to the
employees employes earnings or principal or both earnings and
principal of the fund held in trust, unless the trust is
terminated by a court of competent jurisdiction in a suit
instituted within three years after the effective date of this
Act.
(Source: Laws 1945, p. 761; revised 8-23-22.)
Section 740. The Property Owned By Noncitizens Act is
amended by changing Section 8 as follows:
(765 ILCS 60/8) (from Ch. 6, par. 8)
Sec. 8. An act in regard to aliens noncitizens and to
restrict their right to acquire and hold real and personal
estate and to provide for the disposition of the lands now
owned by non-resident aliens noncitizens, approved June 16,

SB2437 - 2028 - LRB103 26700 AMC 53063 b
1887, and in force July 1, 1887, and all other acts and parts
of acts in conflict with this act, are hereby repealed.
(Source: P.A. 102-1030, eff. 5-27-22; revised 8-23-22.)
Section 745. The Illinois Human Rights Act is amended by
changing Section 1-103 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training
or apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;
(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the

SB2437 - 2029 - LRB103 26700 AMC 53063 b
Criminal Identification Act.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the
Department under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(G-5) Conviction record. "Conviction record" means
information indicating that a person has been convicted of a
felony, misdemeanor or other criminal offense, placed on
probation, fined, imprisoned, or paroled pursuant to any law
enforcement or military authority.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability.

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(1) "Disability" means a determinable physical or mental
characteristic of a person, including, but not limited to, a
determinable physical characteristic which necessitates the
person's use of a guide, hearing or support dog, the history of
such characteristic, or the perception of such characteristic
by the person complained against, which may result from
disease, injury, congenital condition of birth or functional
disorder and which characteristic:
(a) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(b) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(c) For purposes of Article 4, is unrelated to a
person's ability to repay;
(d) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(e) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(2) Discrimination based on disability includes unlawful
discrimination against an individual because of the

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individual's association with a person with a disability.
(J) Marital status. "Marital status" means the legal
status of being married, single, separated, divorced, or
widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve,
United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States
Coast Guard Reserve, or status as a current member or veteran
of the Illinois Army National Guard or Illinois Air National
Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection
issued pursuant to the Illinois Domestic Violence Act of 1986,
Article 112A of the Code of Criminal Procedure of 1963, the
Stalking No Contact Order Act, or the Civil No Contact Order
Act, or an order of protection issued by a court of another
state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,

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or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political
subdivisions, or any municipal corporation is a party.
(M-5) Race. "Race" includes traits associated with race,
including, but not limited to, hair texture and protective
hairstyles such as braids, locks, and twists.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2,
"religion" has the meaning ascribed to it in paragraph (F) of
Section 2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(O-5) Source of income. "Source of income" means the

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lawful manner by which an individual supports himself or
herself and his or her dependents.
(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the
equivalent thereof, but does not include those characterized
as RE-4 or "Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection
status, disability, military status, sexual orientation,
pregnancy, or unfavorable discharge from military service as
those terms are defined in this Section.
(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.
1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813,
eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23;
revised 12-14-22.)
Section 750. The Illinois Integrity, Notification, and
Fairness in Online Retail Marketplaces for Consumers (INFORM
Consumers) Act is amended by changing Section 1-10 as follows:
(815 ILCS 356/1-10)

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Sec. 1-10. Online marketplace verification.
(a) Online marketplaces shall require that any high-volume
third-party seller on the online marketplace's platform
provide the online marketplace with the following information
no later than 10 days after qualifying as a high-volume
third-party seller on the platform:
(1) A bank account number, or, if the high-volume
third-party seller does not have a bank account, the name
of the payee for payments issued by the online marketplace
to the high-volume third-party seller. The bank account or
payee information required may be provided by the seller
to the online marketplace or other third parties
contracted by the online marketplace to maintain the
information, so long as the online marketplace ensures
that it can obtain the information on demand from the
other third parties.
(2) The contact information for the high-volume
third-party seller. If the high-volume third-party seller
is an individual, the individual's name shall be provided.
If the high-volume third-party seller is not an
individual, a copy of a valid government-issued
identification for an individual acting on behalf of the
seller that includes the individual's name or a copy of a
valid government-issued record or tax document that
includes the business name and physical address of the
seller shall be provided.

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(3) A business tax identification number or, if the
high-volume third-party seller does not have a business
tax identification number, a taxpayer identification
number.
(4) A current working email address and phone number
for the high-volume third-party seller.
(b) An online marketplace shall periodically, but not less
than annually, notify any high-volume third-party seller on
the online marketplace's platform of the requirement to keep
any information collected under subsection (a) current and
require any high-volume third-party seller on the online
marketplace's platform to, not later than 10 days after
receiving the notice, electronically certify that:
(1) the high-volume third-party seller has provided
any changes to the information to the online marketplace,
if such changes have occurred;
(2) there have been no changes to the high-volume
third-party seller's information; or
(3) the high-volume third-party seller has provided
any changes to such information to the online marketplace.
(c) If a high-volume third-party seller does not provide
the information or certification required under this Section,
the online marketplace, after providing the seller with
written or electronic notice and an opportunity to provide the
information or certification not later than 10 days after the
issuance of the notice, shall suspend any future sales

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activity of the seller until the seller provides the
information or certification.
(d) An online marketplace shall verify the information
collected under subsection (a) no later than 10 days after the
collection and shall verify any change to the information not
later than 10 days after being notified of the change by a
high-volume third-party seller under subsection (b). If a
high-volume third-party seller provides a copy of a valid
government-issued tax document, any information contained in
the document shall be presumed to be verified as of the date of
issuance of the document.
(e) An online marketplace shall require any high-volume
third-party seller with an aggregate total of $20,000 or more
in annual gross revenues on the online marketplace, and that
uses the online marketplace's platform, to provide information
to the online marketplace that includes the identity of the
high-volume third-party seller, including:
(1) the full name of the seller or seller's company
name, or the name by which the seller or company operates
on the online marketplace;
(2) the physical address of the seller;
(3) the contact information of the seller including a
current working phone number; a current working email
address for the seller; or other means of direct
electronic messaging that may be provided to the
high-volume third-party seller by the online marketplace

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to allow for the direct, unhindered communication with
high-volume third-party sellers by users of the online
marketplace; and
(4) whether the high-volume third-party seller used a
different seller to supply consumer products to consumers
upon purchase, and, upon the request of a consumer, the
information described in paragraph (1) of this subsection
(e) relating to any such seller that supplied the consumer
product to the consumer, if the seller is different from
the high-volume third-party seller listed on the product
listing prior to purchase.
(f) An online marketplace shall provide to consumers the
information in subsection (e) in a conspicuous manner: (i) in
the order confirmation message or other document or
communication made to a consumer after a purchase is
finalized; and (ii) in the consumer's account transaction
history.
(g) Upon the request of a high-volume third-party seller,
an online marketplace may provide for partial disclosure of
the identity information required under subsection (e) as
follows:
(1) If the high-volume third-party seller certifies to
the online marketplace that the seller does not have a
business address and only has a residential street
address, or has a combined business and residential
address, the online marketplace may disclose only the

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country and, if applicable, the state in which the
high-volume third-party seller resides; and inform
consumers that there is no business address available for
the seller and that consumer inquiries should be submitted
to the seller by phone, email, or other means of
electronic messaging provided to the seller by the online
marketplace.
(2) If the high-volume third-party seller certifies to
the online marketplace that the seller is a business that
has a physical address for product returns, the online
marketplace may disclose the seller's physical address for
product returns.
(3) If a high-volume third-party seller certifies to
the online marketplace that the seller does not have a
phone number other than a personal phone number, the
online marketplace shall inform consumers that there is no
phone number available for the seller and that consumer
inquiries should be submitted to the seller's email
address or other means of electronic messaging provided to
the seller by the online marketplace.
(h) If an online marketplace becomes aware that a
high-volume third-party seller has made a false representation
to the online marketplace in order to justify the provision of
a partial disclosure under subsection (g) or that a
high-volume third-party seller who has requested and received
a provision for a partial disclosure under subsection (g) has

SB2437 - 2039 - LRB103 26700 AMC 53063 b
not provided responsive answers within a reasonable time to
consumer inquiries submitted to the seller by phone, email, or
other means of electronic messaging provided to the seller by
the online marketplace, the online marketplace shall, after
providing the seller with written or electronic notice and an
opportunity to respond not later than 10 days after the
issuance of the notice, suspend any future sales activity of
the seller unless the seller consents to the disclosure of the
identity information required under subsection (e).
(i) If a high-volume third-party seller does not comply
with the requirements to provide and disclose information
under this Section, the online marketplace, after providing
the seller with written or electronic notice and an
opportunity to provide or disclose the information not later
than 10 days after the issuance of the notice, shall suspend
any future sales activity of the seller until the seller
complies with the requirements.
(j) An online marketplace shall disclose to consumers in a
clear and conspicuous manner on the product listing of any
high-volume third-party seller a reporting mechanism that
allows for electronic and telephonic reporting of suspicious
marketplace activity to the online marketplace.
(k) Information collected solely to comply with the
requirements of this Section may not be used for any other
purpose unless required by law. An online marketplace shall
implement and maintain reasonable security procedures and

SB2437 - 2040 - LRB103 26700 AMC 53063 b
practices, including administrative, physical, and technical
safeguards, appropriate to the nature of the data and the
purposes for which the data will be used, to protect the data
collected under this Section from unauthorized use,
disclosure, access, destruction, or modification.
Notwithstanding anything to the contrary in this subsection,
the Attorney General may request, by subpoena or otherwise,
and use any information collected to comply with the
requirements of this Section to enforce the provisions of this
Act as set forth in subsection (l).
(l) If the Attorney General has reason to believe that any
person has violated this Act, the Attorney General may bring
an action in the name of the People of the State against the
person to restrain by preliminary or permanent injunction the
use of such a method, act, or practice. The court, in its
discretion, may exercise all powers necessary, including, but
not limited to: injunction; revocation, forfeiture, or
suspension of any license, charter, franchise, certificate, or
other evidence of authority of any person to do business in
this State; appointment of a receiver; dissolution of domestic
corporations or associations or suspension or termination of
the right of foreign corporations or associations to do
business in this State; and restitution. In the administration
of this Section, the Attorney General may accept an Assurance
of Voluntary Compliance with respect to any method, act, or
practice deemed to be violative of this Act from any person who

SB2437 - 2041 - LRB103 26700 AMC 53063 b
has engaged in, is engaging in, or was about ab to engage in
such a method, act, or practice. Evidence of a violation of an
Assurance of Voluntary Compliance shall be prima facie
evidence of a violation of this Act in any subsequent
proceeding brought by the Attorney General against the alleged
violator. The Attorney General shall be empowered to issue
subpoenas to or examine under oath any person alleged to have
participated in or to have knowledge of the alleged method,
act, or practice in violation of this Act. Nothing in this Act
creates or is intended to create a private right of action
against any high-volume third-party seller, online marketplace
seller, or third-party seller based upon compliance or
noncompliance with its provisions.
(m) To the extent that a substantially similar federal law
or regulation conflicts with this Act, the federal law or
regulation controls.
(Source: P.A. 102-757, eff. 1-1-23; revised 12-19-22.)
Section 755. The Animal Parts and Products Ban Act is
amended by changing the title of the Act as follows:
(815 ILCS 357/Act title)
An Act concerning animal parts and products ivory.
Section 760. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Sections 2AA and 2EE as

SB2437 - 2042 - LRB103 26700 AMC 53063 b
follows:
(815 ILCS 505/2AA)
Sec. 2AA. Immigration services.
(a) "Immigration matter" means any proceeding, filing, or
action affecting the nonimmigrant, immigrant or citizenship
status of any person that arises under immigration and
naturalization law, executive order or presidential
proclamation of the United States or any foreign country, or
that arises under action of the United States Citizenship and
Immigration Services, the United States Department of Labor,
or the United States Department of State.
"Immigration assistance service" means any information or
action provided or offered to customers or prospective
customers related to immigration matters, excluding legal
advice, recommending a specific course of legal action, or
providing any other assistance that requires legal analysis,
legal judgment, or interpretation of the law.
"Compensation" means money, property, services, promise of
payment, or anything else of value.
"Employed by" means that a person is on the payroll of the
employer and the employer deducts from the employee's paycheck
social security and withholding taxes, or receives
compensation from the employer on a commission basis or as an
independent contractor.
"Reasonable costs" means actual costs or, if actual costs

SB2437 - 2043 - LRB103 26700 AMC 53063 b
cannot be calculated, reasonably estimated costs of such
things as photocopying, telephone calls, document requests,
and filing fees for immigration forms, and other nominal costs
incidental to assistance in an immigration matter.
(a-1) The General Assembly finds and declares that private
individuals who assist persons with immigration matters have a
significant impact on the ability of their clients to reside
and work within the United States and to establish and
maintain stable families and business relationships. The
General Assembly further finds that that assistance and its
impact also have a significant effect on the cultural, social,
and economic life of the State of Illinois and thereby
substantially affect the public interest. It is the intent of
the General Assembly to establish rules of practice and
conduct for those individuals to promote honesty and fair
dealing with residents and to preserve public confidence.
(a-5) The following persons are exempt from this Section,
provided they prove the exemption by a preponderance of the
evidence:
(1) An attorney licensed to practice law in any state
or territory of the United States, or of any foreign
country when authorized by the Illinois Supreme Court, to
the extent the attorney renders immigration assistance
service in the course of his or her practice as an
attorney.
(2) A legal intern, as described by the rules of the

SB2437 - 2044 - LRB103 26700 AMC 53063 b
Illinois Supreme Court, employed by and under the direct
supervision of a licensed attorney and rendering
immigration assistance service in the course of the
intern's employment.
(3) A not-for-profit organization recognized by the
Board of Immigration Appeals under 8 CFR 292.2(a) and
employees of those organizations accredited under 8 CFR
292.2(d).
(4) Any organization employing or desiring to employ a
documented or undocumented immigrant or nonimmigrant,
where the organization, its employees or its agents
provide advice or assistance in immigration matters to
documented or undocumented immigrant or nonimmigrant
employees or potential employees without compensation from
the individuals to whom such advice or assistance is
provided.
Nothing in this Section shall regulate any business to the
extent that such regulation is prohibited or preempted by
State or federal law.
All other persons providing or offering to provide
immigration assistance service shall be subject to this
Section.
(b) Any person who provides or offers to provide
immigration assistance service may perform only the following
services:
(1) Completing a government agency form, requested by

SB2437 - 2045 - LRB103 26700 AMC 53063 b
the customer and appropriate to the customer's needs, only
if the completion of that form does not involve a legal
judgment for that particular matter.
(2) Transcribing responses to a government agency form
which is related to an immigration matter, but not
advising a customer as to his or her answers on those
forms.
(3) Translating information on forms to a customer and
translating the customer's answers to questions posed on
those forms.
(4) Securing for the customer supporting documents
currently in existence, such as birth and marriage
certificates, which may be needed to be submitted with
government agency forms.
(5) Translating documents from a foreign language into
English.
(6) Notarizing signatures on government agency forms,
if the person performing the service is a notary public of
the State of Illinois.
(7) Making referrals, without fee, to attorneys who
could undertake legal representation for a person in an
immigration matter.
(8) Preparing or arranging for the preparation of
photographs and fingerprints.
(9) Arranging for the performance of medical testing
(including X-rays and AIDS tests) and the obtaining of

SB2437 - 2046 - LRB103 26700 AMC 53063 b
reports of such test results.
(10) Conducting English language and civics courses.
(11) Other services that the Attorney General
determines by rule may be appropriately performed by such
persons in light of the purposes of this Section.
Fees for a notary public, agency, or any other person who
is not an attorney or an accredited representative filling out
immigration forms shall be limited to the maximum fees set
forth in subsections (a) and (b) of Section 3-104 of the
Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee
schedule set forth in subsections (a) and (b) of Section 3-104
of the Illinois Notary Public Act shall apply to any person
that provides or offers to provide immigration assistance
service performing the services described therein. The
Attorney General may promulgate rules establishing maximum
fees that may be charged for any services not described in that
subsection. The maximum fees must be reasonable in light of
the costs of providing those services and the degree of
professional skill required to provide the services.
No person subject to this Act shall charge fees directly
or indirectly for referring an individual to an attorney or
for any immigration matter not authorized by this Article,
provided that a person may charge a fee for notarizing
documents as permitted by the Illinois Notary Public Act.
(c) Any person performing such services shall register
with the Illinois Attorney General and submit verification of

SB2437 - 2047 - LRB103 26700 AMC 53063 b
malpractice insurance or of a surety bond.
(d) Except as provided otherwise in this subsection,
before providing any assistance in an immigration matter a
person shall provide the customer with a written contract that
includes the following:
(1) An explanation of the services to be performed.
(2) Identification of all compensation and costs to be
charged to the customer for the services to be performed.
(3) A statement that documents submitted in support of
an application for nonimmigrant, immigrant, or
naturalization status may not be retained by the person
for any purpose, including payment of compensation or
costs.
This subsection does not apply to a not-for-profit
organization that provides advice or assistance in immigration
matters to clients without charge beyond a reasonable fee to
reimburse the organization's or clinic's reasonable costs
relating to providing immigration services to that client.
(e) Any person who provides or offers immigration
assistance service and is not exempted from this Section,
shall post signs at his or her place of business, setting forth
information in English and in every other language in which
the person provides or offers to provide immigration
assistance service. Each language shall be on a separate sign.
Signs shall be posted in a location where the signs will be
visible to customers. Each sign shall be at least 11 inches by

SB2437 - 2048 - LRB103 26700 AMC 53063 b
17 inches, and shall contain the following:
(1) The statement "I AM NOT AN ATTORNEY LICENSED TO
PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
FOR LEGAL ADVICE.".
(2) The statement "I AM NOT ACCREDITED TO REPRESENT
YOU BEFORE THE UNITED STATES IMMIGRATION AND
NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF
APPEALS.".
(3) The fee schedule.
(4) The statement that "You may cancel any contract
within 3 working days and get your money back for services
not performed.".
(5) Additional information the Attorney General may
require by rule.
Every person engaged in immigration assistance service who
is not an attorney who advertises immigration assistance
service in a language other than English, whether by radio,
television, signs, pamphlets, newspapers, or other written
communication, with the exception of a single desk plaque,
shall include in the document, advertisement, stationery,
letterhead, business card, or other comparable written
material the following notice in English and the language in
which the written communication appears. This notice shall be
of a conspicuous size, if in writing, and shall state: "I AM
NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY
NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". If

SB2437 - 2049 - LRB103 26700 AMC 53063 b
such advertisement is by radio or television, the statement
may be modified but must include substantially the same
message.
Any person who provides or offers immigration assistance
service and is not exempted from this Section shall not, in any
document, advertisement, stationery, letterhead, business
card, or other comparable written material, literally
translate from English into another language terms or titles
including, but not limited to, notary public, notary,
licensed, attorney, lawyer, or any other term that implies the
person is an attorney. To illustrate, the words "notario" and
"poder notarial" are prohibited under this provision.
If not subject to penalties under subsection (a) of
Section 3-103 of the Illinois Notary Public Act (5 ILCS
312/3-103), violations of this subsection shall result in a
fine of $1,000. Violations shall not preempt or preclude
additional appropriate civil or criminal penalties.
(f) The written contract shall be in both English and in
the language of the customer.
(g) A copy of the contract shall be provided to the
customer upon the customer's execution of the contract.
(h) A customer has the right to rescind a contract within
72 hours after his or her signing of the contract.
(i) Any documents identified in paragraph (3) of
subsection (c) shall be returned upon demand of the customer.
(j) No person engaged in providing immigration services

SB2437 - 2050 - LRB103 26700 AMC 53063 b
who is not exempted under this Section shall do any of the
following:
(1) Make any statement that the person can or will
obtain special favors from or has special influence with
the United States Immigration and Naturalization Service
or any other government agency.
(2) Retain any compensation for service not performed.
(2.5) Accept payment in exchange for providing legal
advice or any other assistance that requires legal
analysis, legal judgment, or interpretation of the law.
(3) Refuse to return documents supplied by, prepared
on behalf of, or paid for by the customer upon the request
of the customer. These documents must be returned upon
request even if there is a fee dispute between the
immigration assistant and the customer.
(4) Represent or advertise, in connection with the
provision of assistance in immigration matters, other
titles of credentials, including, but not limited to
"notary public" or "immigration consultant,", that could
cause a customer to believe that the person possesses
special professional skills or is authorized to provide
advice on an immigration matter; provided that a notary
public appointed by the Illinois Secretary of State may
use the term "notary public" if the use is accompanied by
the statement that the person is not an attorney; the term
"notary public" may not be translated to another language;

SB2437 - 2051 - LRB103 26700 AMC 53063 b
for example "notario" is prohibited.
(5) Provide legal advice, recommend a specific course
of legal action, or provide any other assistance that
requires legal analysis, legal judgment, or interpretation
of the law.
(6) Make any misrepresentation or of false statement,
directly or indirectly, to influence, persuade, or induce
patronage.
(k) (Blank).
(l) (Blank).
(m) Any person who violates any provision of this Section,
or the rules and regulations issued under this Section, shall
be guilty of a Class A misdemeanor for a first offense and a
Class 3 felony for a second or subsequent offense committed
within 5 years of a previous conviction for the same offense.
Upon his own information or upon the complaint of any
person, the Attorney General or any State's Attorney, or a
municipality with a population of more than 1,000,000, may
maintain an action for injunctive relief and also seek a civil
penalty not exceeding $50,000 in the circuit court against any
person who violates any provision of this Section. These
remedies are in addition to, and not in substitution for,
other available remedies.
If the Attorney General or any State's Attorney or a
municipality with a population of more than 1,000,000 fails to
bring an action as provided under this Section any person may

SB2437 - 2052 - LRB103 26700 AMC 53063 b
file a civil action to enforce the provisions of this Article
and maintain an action for injunctive relief, for compensatory
damages to recover prohibited fees, or for such additional
relief as may be appropriate to deter, prevent, or compensate
for the violation. In order to deter violations of this
Section, courts shall not require a showing of the traditional
elements for equitable relief. A prevailing plaintiff may be
awarded 3 times the prohibited fees or a minimum of $1,000 in
punitive damages, attorney's fees, and costs of bringing an
action under this Section. It is the express intention of the
General Assembly that remedies for violation of this Section
be cumulative.
(n) No unit of local government, including any home rule
unit, shall have the authority to regulate immigration
assistance services unless such regulations are at least as
stringent as those contained in Public Act 87-1211. It is
declared to be the law of this State, pursuant to paragraph (i)
of Section 6 of Article VII of the Illinois Constitution of
1970, that Public Act 87-1211 is a limitation on the authority
of a home rule unit to exercise powers concurrently with the
State. The limitations of this Section do not apply to a home
rule unit that has, prior to January 1, 1993 (the effective
date of Public Act 87-1211), adopted an ordinance regulating
immigration assistance services.
(o) This Section is severable under Section 1.31 of the
Statute on Statutes.

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(p) The Attorney General shall issue rules not
inconsistent with this Section for the implementation,
administration, and enforcement of this Section. The rules may
provide for the following:
(1) The content, print size, and print style of the
signs required under subsection (e). Print sizes and
styles may vary from language to language.
(2) Standard forms for use in the administration of
this Section.
(3) Any additional requirements deemed necessary.
(Source: P.A. 102-1030, eff. 5-27-22; revised 8-19-22.)
(815 ILCS 505/2EE)
Sec. 2EE. Alternative retail electric supplier selection.
(a) An alternative retail electric supplier shall not
submit or execute a change in a consumer's selection of a
provider of electric service unless and until:
(i) the alternative retail electric supplier first
discloses all material terms and conditions of the offer
to the consumer;
(ii) if the consumer is a small commercial retail
customer as that term is defined in subsection (c) of this
Section or a residential consumer, the alternative retail
electric supplier discloses the utility electric supply
price to compare, which shall be the sum of the electric
supply charge and the transmission services charge, and

SB2437 - 2054 - LRB103 26700 AMC 53063 b
shall not include the purchased electricity adjustment,
applicable at the time the offer is made to the consumer;
(iii) if the consumer is a small commercial retail
customer as that term is defined in subsection (c) of this
Section or a residential consumer, the alternative retail
electric provider discloses the following statement:
"(Name of the alternative retail electric
supplier) is not the same entity as your electric
delivery company. You are not required to enroll with
(name of alternative retail electric supplier). As of
(effective date), the electric supply price to compare
is currently (price in cents per kilowatt hour). The
electric utility electric supply price will expire on
(expiration date). The utility electric supply price
to compare does not include the purchased electricity
adjustment factor. For more information go to the
Illinois Commerce Commission's free website at
www.pluginillinois.org.".
If applicable, the statement shall include the
following statement:
"The purchased electricity adjustment factor may
range between +.5 cents and -.5 cents per kilowatt
hour.";
(iv) the alternative retail electric supplier has
obtained the consumer's express agreement to accept the
offer after the disclosure of all material terms and

SB2437 - 2055 - LRB103 26700 AMC 53063 b
conditions of the offer; and
(v) the alternative retail electric supplier has
confirmed the request for a change in accordance with one
of the following procedures:
(A) The new alternative retail electric supplier
has obtained the consumer's written or electronically
signed authorization in a form that meets the
following requirements:
(1) An alternative retail electric supplier
shall obtain any necessary written or
electronically signed authorization from a
consumer for a change in electric service by using
a letter of agency as specified in this Section.
Any letter of agency that does not conform with
this Section is invalid.
(2) The letter of agency shall be a separate
document (an easily separable document containing
only the authorization language described in
subparagraph (5)) whose sole purpose is to
authorize an electric service provider change. The
letter of agency must be signed and dated by the
consumer requesting the electric service provider
change.
(3) The letter of agency shall not be combined
with inducements of any kind on the same document.
(4) Notwithstanding subparagraphs (1) and (2),

SB2437 - 2056 - LRB103 26700 AMC 53063 b
the letter of agency may be combined with checks
that contain only the required letter of agency
language prescribed in subparagraph (5) and the
necessary information to make the check a
negotiable instrument. The letter of agency check
shall not contain any promotional language or
material. The letter of agency check shall contain
in easily readable, bold-face type on the face of
the check, a notice that the consumer is
authorizing an electric service provider change by
signing the check. The letter of agency language
also shall be placed near the signature line on
the back of the check.
(5) At a minimum, the letter of agency must be
printed with a print of sufficient size to be
clearly legible, and must contain clear and
unambiguous language that confirms:
(i) The consumer's billing name and
address;
(ii) The decision to change the electric
service provider from the current provider to
the prospective provider;
(iii) The terms, conditions, and nature of
the service to be provided to the consumer
must be clearly and conspicuously disclosed,
in writing, and an alternative retail electric

SB2437 - 2057 - LRB103 26700 AMC 53063 b
supplier must directly establish the rates for
the service contracted for by the consumer;
and
(iv) That the consumer understand that any
alternative retail electric supplier selection
the consumer chooses may involve a charge to
the consumer for changing the consumer's
electric service provider.
(6) Letters of agency shall not suggest or
require that a consumer take some action in order
to retain the consumer's current electric service
provider.
(7) If any portion of a letter of agency is
translated into another language, then all
portions of the letter of agency must be
translated into that language.
(B) An appropriately qualified independent third
party has obtained, in accordance with the procedures
set forth in this subsection (b), the consumer's oral
authorization to change electric suppliers that
confirms and includes appropriate verification data.
The independent third party (i) must not be owned,
managed, controlled, or directed by the supplier or
the supplier's marketing agent; (ii) must not have any
financial incentive to confirm supplier change
requests for the supplier or the supplier's marketing

SB2437 - 2058 - LRB103 26700 AMC 53063 b
agent; and (iii) must operate in a location physically
separate from the supplier or the supplier's marketing
agent.
Automated third-party verification systems and
3-way conference calls may be used for verification
purposes so long as the other requirements of this
subsection (b) are satisfied.
A supplier or supplier's sales representative
initiating a 3-way conference call or a call through
an automated verification system must drop off the
call once the 3-way connection has been established.
All third-party verification methods shall elicit,
at a minimum, the following information: (i) the
identity of the consumer; (ii) confirmation that the
person on the call is the account holder, has been
specifically and explicitly authorized by the account
holder, or possesses lawful authority to make the
supplier change; (iii) confirmation that the person on
the call wants to make the supplier change; (iv) the
names of the suppliers affected by the change; (v) the
service address of the supply to be switched; and (vi)
the price of the service to be supplied and the
material terms and conditions of the service being
offered, including whether any early termination fees
apply. Third-party verifiers may not market the
supplier's services by providing additional

SB2437 - 2059 - LRB103 26700 AMC 53063 b
information, including information regarding
procedures to block or otherwise freeze an account
against further changes.
All third-party verifications shall be conducted
in the same language that was used in the underlying
sales transaction and shall be recorded in their
entirety. Submitting suppliers shall maintain and
preserve audio records of verification of subscriber
authorization for a minimum period of 2 years after
obtaining the verification. Automated systems must
provide consumers with an option to speak with a live
person at any time during the call. Each disclosure
made during the third-party verification must be made
individually to obtain clear acknowledgment of each
disclosure. The alternative retail electric supplier
must be in a location where he or she cannot hear the
customer while the third-party verification is
conducted. The alternative retail electric supplier
shall not contact the customer after the third-party
verification for a period of 24 hours unless the
customer initiates the contact.
(C) When a consumer initiates the call to the
prospective alternative retail electric supplier, in
order to enroll the consumer as a customer, the
prospective alternative retail electric supplier must,
with the consent of the customer, make a date-stamped,

SB2437 - 2060 - LRB103 26700 AMC 53063 b
time-stamped audio recording that elicits, at a
minimum, the following information:
(1) the identity of the customer;
(2) confirmation that the person on the call
is authorized to make the supplier change;
(3) confirmation that the person on the call
wants to make the supplier change;
(4) the names of the suppliers affected by the
change;
(5) the service address of the supply to be
switched; and
(6) the price of the service to be supplied
and the material terms and conditions of the
service being offered, including whether any early
termination fees apply.
Submitting suppliers shall maintain and preserve
the audio records containing the information set forth
above for a minimum period of 2 years.
(b)(1) An alternative retail electric supplier shall not
utilize the name of a public utility in any manner that is
deceptive or misleading, including, but not limited to,
implying or otherwise leading a consumer to believe that an
alternative retail electric supplier is soliciting on behalf
of or is an agent of a utility. An alternative retail electric
supplier shall not utilize the name, or any other identifying
insignia, graphics, or wording that has been used at any time

SB2437 - 2061 - LRB103 26700 AMC 53063 b
to represent a public utility company or its services, to
identify, label, or define any of its electric power and
energy service offers. An alternative retail electric supplier
may state the name of a public electric utility in order to
accurately describe the electric utility service territories
in which the supplier is currently offering an electric power
and energy service. An alternative retail electric supplier
that is the affiliate of an Illinois public utility and that
was doing business in Illinois providing alternative retail
electric service on January 1, 2016 may continue to use that
public utility's name, logo, identifying insignia, graphics,
or wording in its business operations occurring outside the
service territory of the public utility with which it is
affiliated.
(2) An alternative retail electric supplier shall not
state or otherwise imply that the alternative retail electric
supplier is employed by, representing, endorsed by, or acting
on behalf of a utility or utility program, a consumer group or
consumer group program, or a governmental body, unless the
alternative retail electric supplier has entered into a
contractual arrangement with the governmental body and has
been authorized by the governmental body to make the
statements.
(c) An alternative retail electric supplier shall not
submit or execute a change in a consumer's selection of a
provider of electric service unless the alternative retail

SB2437 - 2062 - LRB103 26700 AMC 53063 b
electric supplier complies with the following requirements of
this subsection (c). It is a violation of this Section for an
alternative retail electric supplier to fail to comply with
this subsection (c). The requirements of this subsection (c)
shall only apply to residential and small commercial retail
customers. For purposes of this subsection (c) only, "small
commercial retail customer" has the meaning given to that term
in Section 16-102 of the Public Utilities Act.
(1) During a solicitation an alternative retail
electric supplier shall state that he or represents an
independent seller of electric power and energy service
certified by the Illinois Commerce Commission and that he
or she is not employed by, representing, endorsed by, or
acting on behalf of, a utility, or a utility program, a
consumer group or consumer group program, or a
governmental body, unless the alternative retail electric
supplier has entered into a contractual arrangement with
the governmental body and has been authorized with the
governmental body to make the statements.
(2) Alternative retail electric suppliers who engage
in in-person solicitation for the purpose of selling
electric power and energy service offered by the
alternative retail electric supplier shall display
identification on an outer garment. This identification
shall be visible at all times and prominently display the
following: (i) the alternative retail electric supplier

SB2437 - 2063 - LRB103 26700 AMC 53063 b
agent's full name in reasonable size font; (ii) an agent
identification number; (iii) a photograph of the
alternative retail electric supplier agent; and (iv) the
trade name and logo of the alternative retail electric
supplier the agent is representing. If the agent is
selling electric power and energy services from multiple
alternative retail electric suppliers to the consumer, the
identification shall display the trade name and logo of
the agent, broker, or consultant entity as that entity is
defined in Section 16-115C of the Public Utilities Act. An
alternative retail electric supplier shall leave the
premises at the consumer's, owner's, or occupant's
request. A copy of the Uniform Disclosure Statement
described in 83 Ill. Adm. Code 412.115 and 412.Appendix A
is to be left with the consumer, at the conclusion of the
visit unless the consumer refuses to accept a copy. An
alternative retail electric supplier may provide the
Uniform Disclosure Statement electronically instead of in
paper form to a consumer upon that customer's request. The
alternative retail electric supplier shall also offer to
the consumer, at the time of the initiation of the
solicitation, a business card or other material that lists
the agent's name, identification number and title, and the
alternative retail electric supplier's name and contact
information, including phone number. The alternative
retail electric supplier shall not conduct any in-person

SB2437 - 2064 - LRB103 26700 AMC 53063 b
solicitations of consumers at any building or premises
where any sign, notice, or declaration of any description
whatsoever is posted that prohibits sales, marketing, or
solicitations. The alternative retail electric supplier
shall obtain consent to enter multi-unit residential
dwellings. Consent obtained to enter a multi-unit dwelling
from one prospective customer or occupant of the dwelling
shall not constitute consent to market to any other
prospective consumers without separate consent.
(3) An alternative retail electric supplier who
contacts consumers by telephone for the purpose of selling
electric power and energy service shall provide the
agent's name and identification number. Any telemarketing
solicitations that lead to a telephone enrollment of a
consumer must be recorded and retained for a minimum of 2
years. All telemarketing calls of consumers that do not
lead to a telephone enrollment, but last at least 2
minutes, shall be recorded and retained for a minimum of 6
months.
(4) During an inbound enrollment call, an alternative
retail electric supplier shall state that he or she
represents an independent seller of electric power and
energy service certified by the Illinois Commerce
Commission. All inbound enrollment calls that lead to an
enrollment shall be recorded, and the recordings shall be
retained for a minimum of 2 years. An inbound enrollment

SB2437 - 2065 - LRB103 26700 AMC 53063 b
call that does not lead to an enrollment, but lasts at
least 2 minutes, shall be retained for a minimum of 6
months. The alternative retail electric supplier shall
send the Uniform Disclosure Statement and contract to the
customer within 3 business days after the electric
utility's confirmation to the alternative retail electric
supplier of an accepted enrollment.
(5) If a direct mail solicitation to a consumer
includes a written letter of agency, it shall include the
Uniform Disclosure Statement described in 83 Ill. Adm.
Code 412.115 and 412.Appendix A. The Uniform Disclosure
Statement shall be provided on a separate page from the
other marketing materials included in the direct mail
solicitation. If a written letter of agency is being used
to authorize a consumer's enrollment, the written letter
of agency shall comply with this Section. A copy of the
contract must be sent to the consumer within 3 business
days after the electric utility's confirmation to the
alternative retail electric supplier of an accepted
enrollment.
(6) Online Solicitation.
(A) Each alternative retail electric supplier
offering electric power and energy service to
consumers online shall clearly and conspicuously make
all disclosures for any services offered through
online enrollment before requiring the consumer to

SB2437 - 2066 - LRB103 26700 AMC 53063 b
enter any personal information other than zip code,
electric utility service territory, or type of service
sought.
(B) Notwithstanding any requirements in this
Section to the contrary, an alternative retail
electric supplier may secure consent from the consumer
to obtain customer-specific billing and usage
information for the sole purpose of determining and
pricing a product through a letter of agency or method
approved through an Illinois Commerce Commission
docket before making all disclosure for services
offered through online enrollment. It is a violation
of this Act for an alternative retail electric
supplier to use a consumer's utility account number to
execute or change a consumer's enrollment unless the
consumer expressly consents to that enrollment as
required by law.
(C) The enrollment website of the alternative
retail electric supplier shall, at a minimum, include:
(i) disclosure of all material terms and conditions of
the offer; (ii) a statement that electronic acceptance
of the terms and conditions is an agreement to
initiate service and begin enrollment; (iii) a
statement that the consumer shall review the contract
or contact the current supplier to learn if any early
termination fees are applicable; and (iv) an email

SB2437 - 2067 - LRB103 26700 AMC 53063 b
address and toll-free phone number of the alternative
retail electric supplier where the customer can
express a decision to rescind the contract.
(7)(A) Beginning January 1, 2020, an alternative
retail electric supplier shall not sell or offer to sell
any products or services to a consumer pursuant to a
contract in which the contract automatically renews,
unless an alternative retail electric supplier provides to
the consumer at the outset of the offer, in addition to
other disclosures required by law, a separate written
statement titled "Automatic Contract Renewal" that clearly
and conspicuously discloses in bold lettering in at least
12-point font the terms and conditions of the automatic
contract renewal provision, including: (i) the estimated
bill cycle on which the initial contract term expires and
a statement that it could be later based on when the
utility accepts the initial enrollment; (ii) the estimated
bill cycle on which the new contract term begins and a
statement that it will immediately follow the last billing
cycle of the current term; (iii) the procedure to
terminate the contract before the new contract term
applies; and (iv) the cancellation procedure. If the
alternative retail electric supplier sells or offers to
sell the products or services to a consumer during an
in-person solicitation or telemarketing solicitation, the
disclosures described in this subparagraph (A) shall also

SB2437 - 2068 - LRB103 26700 AMC 53063 b
be made to the consumer verbally during the solicitation.
Nothing in this subparagraph (A) shall be construed to
apply to contracts entered into before January 1, 2020.
(B) At least 30 days before, but not more than 60
days prior, to the end of the initial contract term, in
any and all contracts that automatically renew after
the initial term, the alternative retail electric
supplier shall send, in addition to other disclosures
required by law, a separate written notice of the
contract renewal to the consumer that clearly and
conspicuously discloses the following:
(i) a statement printed or visible from the
outside of the envelope or in the subject line of
the email, if the customer has agreed to receive
official documents by email, that states "Contract
Renewal Notice";
(ii) a statement in bold lettering, in at
least 12-point font, that the contract will
automatically renew unless the customer cancels
it;
(iii) the billing cycle in which service under
the current term will expire;
(iv) the billing cycle in which service under
the new term will begin;
(v) the process and options available to the
consumer to reject the new contract terms;

SB2437 - 2069 - LRB103 26700 AMC 53063 b
(vi) the cancellation process if the
consumer's contract automatically renews before
the consumer rejects the new contract terms;
(vii) the terms and conditions of the new
contract term;
(viii) for a fixed rate contract, a
side-by-side comparison of the current price and
the new price; for a variable rate contract or
time-of-use product in which the first month's
renewal price can be determined, a side-by-side
comparison of the current price and the price for
the first month of the new variable or time-of-use
price; or for a variable or time-of-use contract
based on a publicly available index, a
side-by-side comparison of the current formula and
the new formula; and
(ix) the phone number and Internet address to
submit a consumer inquiry or complaint to the
Illinois Commerce Commission and the Office of the
Attorney General.
(C) An alternative retail electric supplier shall
not automatically renew a consumer's enrollment after
the current term of the contract expires when the
current term of the contract provides that the
consumer will be charged a fixed rate and the renewed
contract provides that the consumer will be charged a

SB2437 - 2070 - LRB103 26700 AMC 53063 b
variable rate, unless: (i) the alternative retail
electric supplier complies with subparagraphs (A) and
(B); and (ii) the customer expressly consents to the
contract renewal in writing or by electronic signature
at least 30 days, but no more than 60 days, before the
contract expires.
(D) This paragraph (7) does not apply to customers
enrolled in a municipal aggregation program pursuant
to Section 1-92 of the Illinois Power Agency Act.
(8) All in-person and telephone solicitations shall be
conducted in, translated into, and provided in a language
in which the consumer subject to the marketing or
solicitation is able to understand and communicate. An
alternative retail electric supplier shall terminate a
solicitation if the consumer subject to the marketing or
communication is unable to understand and communicate in
the language in which the marketing or solicitation is
being conducted. An alternative retail electric supplier
shall comply with Section 2N of this Act.
(9) Beginning January 1, 2020, consumers shall have
the right to terminate their contract with the alternative
retail electric supplier at any time without any
termination fees or penalties.
(10) An alternative retail electric supplier shall not
submit a change to a customer's electric service provider
in violation of Section 16-115E of the Public Utilities

SB2437 - 2071 - LRB103 26700 AMC 53063 b
Act.
(d) Complaints may be filed with the Illinois Commerce
Commission under this Section by a consumer whose electric
service has been provided by an alternative retail electric
supplier in a manner not in compliance with this Section or by
the Illinois Commerce Commission on its own motion when it
appears to the Commission that an alternative retail electric
supplier has provided service in a manner not in compliance
with this Section. If, after notice and hearing, the
Commission finds that an alternative retail electric supplier
has violated this Section, the Commission may in its
discretion do any one or more of the following:
(1) Require the violating alternative retail electric
supplier to refund to the consumer charges collected in
excess of those that would have been charged by the
consumer's authorized electric service provider.
(2) Require the violating alternative retail electric
supplier to pay to the consumer's authorized electric
service provider the amount the authorized electric
service provider would have collected for the electric
service. The Commission is authorized to reduce this
payment by any amount already paid by the violating
alternative retail electric supplier to the consumer's
authorized provider for electric service.
(3) Require the violating alternative retail electric
supplier to pay a fine of up to $10,000 into the Public

SB2437 - 2072 - LRB103 26700 AMC 53063 b
Utility Fund for each violation of this Section.
(4) Issue a cease and desist order.
(5) For a pattern of violation of this Section or for
violations that continue after a cease and desist order,
revoke the violating alternative retail electric
supplier's certificate of service authority.
(e) For purposes of this Section:
"Electric service provider" shall have the meaning given
that phrase in Section 6.5 of the Attorney General Act.
"Alternative retail electric supplier" has the meaning
given to that term in Section 16-102 of the Public Utilities
Act.
(Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23;
revised 12-13-22.)
Section 765. The Employee Arbitration Act is amended by
changing Sections 2, 3, 5, 5a, 5b, 6, and 6a as follows:
(820 ILCS 35/2) (from Ch. 10, par. 20)
Sec. 2. When any controversy or difference not involving
questions which may be the subject of a civil action, exists
between an employer, whether an individual, copartnership or
corporation, employing not less than 25 persons, and his
employees employes in this State, the Department of Labor
shall upon application as herein provided, and as soon as
practicable thereafter, visit the locality of the dispute and

SB2437 - 2073 - LRB103 26700 AMC 53063 b
make a careful inquiry into the cause thereof, hear all
persons interested therein who may come before it, advise the
respective parties what, if anything ought to be done or
submitted to by both to adjust the dispute, and make a written
decision thereof. This decision shall at once be made public,
shall be recorded upon proper books of record kept by the
Department of Labor, and a short statement thereof published
in the annual report hereinafter provided for, and the
Department shall cause a copy thereof to be filed with the
clerk of the city, town or village where said business is
carried on.
(Source: P.A. 76-1403; revised 8-19-22.)
(820 ILCS 35/3) (from Ch. 10, par. 21)
Sec. 3. The application shall be signed by the employer or
by a majority of his or her employees employes in the
department of the business in which the controversy or
difference exists, or by both parties, and shall contain a
concise statement of the grievances complained of, and a
promise to continue on in business or at work without any
lockout or strike until the decision of said Department, if it
shall be made within 3 weeks of the date of filing said
application. As soon as may be after the receipt of the
application the Department shall cause public notice to be
given of the time and place of the hearing thereon; but public
notice need not be given when both parties to the controversy

SB2437 - 2074 - LRB103 26700 AMC 53063 b
join in the application and present therewith a written
request that no public notice be given. When such request is
made, notice shall be given to the parties interested in such
manner as the Department may order, and the Department may, at
any stage of the proceedings, cause public notice to be given,
notwithstanding such request. The Department may in all cases
summon as witnesses any operative or expert in the department
of business affected, and any person who keeps the records of
wages earned in those departments, or any other person, and
examine them under oath, and require the production of books
containing the records of wages paid, and such other books and
papers as may be deemed necessary to a full and fair
investigation of the matter in controversy. The Department may
issue subpoenas, and oath may be administered by the Director
of the Department or by any authorized officer or employee
thereof. If any person, having been served with a subpoena or
other process issued by the Department, shall willfully fail
or refuse to obey the same, or to answer such questions as may
be propounded touching the subject-matter of the inquiry or
investigation, the circuit court of the county in which the
hearing is being conducted, upon application by the
Department, duly attested by the Director thereof, shall issue
an attachment for such witness and compel him to appear before
the Department and give his or her testimony, or to produce
such books and papers as may be lawfully required by the
Department; and the court may punish for contempt, as in other

SB2437 - 2075 - LRB103 26700 AMC 53063 b
cases of refusal to obey the process and order of such court.
(Source: P.A. 83-334; revised 8-19-22.)
(820 ILCS 35/5) (from Ch. 10, par. 23)
Sec. 5. Said decision shall be binding upon the parties
who join in said application for six months or until either
party has given the other notice in writing of his or their
intention not to be bound by the same at the expiration of
sixty days therefrom. Said notice may be given to said
employees employes by posting in three conspicuous places in
the shop or factory where they work.
(Source: Laws 1895, p. 5; revised 8-19-22.)
(820 ILCS 35/5a) (from Ch. 10, par. 24)
Sec. 5a. In the event of a failure to abide by the
decisions of the Department of Labor in any case in which both
employer and employees employes shall have joined in the
application, any person or persons aggrieved thereby may file
with the clerk of the circuit court of the county in which the
offending party resides, or in the case of an employer in the
county in which the place of employment is located, a duly
authenticated copy of such decision, accompanied by a verified
petition reciting the fact that such decision has not been
complied with and stating by whom and in what respects it has
been disregarded. Thereupon the circuit court shall grant a
rule against the party or parties so charged to show cause

SB2437 - 2076 - LRB103 26700 AMC 53063 b
within 10 days why such decision has not been complied with,
which shall be served by the sheriff as other process. Upon
return made to the rule, the court shall hear and determine the
questions presented, and to secure a compliance with such
decision, may punish the offending party or parties for
contempt, but such punishment shall in no case extend to
imprisonment.
(Source: P.A. 83-334; revised 8-19-22.)
(820 ILCS 35/5b) (from Ch. 10, par. 25)
Sec. 5b. Whenever two or more employers engaged in the
same general line of business, employing in the aggregate not
less than twenty-five persons, and having a common difference
with their employees employes, shall, co-operating together,
make application for arbitration, or whenever such application
shall be made by the employees employes of two or more
employers engaged in the same general line of business, such
employees employes being not less than twenty-five in number,
and having a common difference with their employers, or
whenever the application shall be made jointly by the
employers and employees employes in such case, the Department
of Labor shall have the same powers and proceed in the same
manner as if the application had been made by one employer, or
by the employees employes of one employer, or by both.
(Source: Laws 1943, vol. 1, p. 207; revised 8-19-22.)

SB2437 - 2077 - LRB103 26700 AMC 53063 b
(820 ILCS 35/6) (from Ch. 10, par. 26)
Sec. 6. Whenever it shall come to the knowledge of the
Department of Labor that a strike or lockout is seriously
threatened in the State involving an employer and his
employees employes, if he is employing not less than
twenty-five persons, the Department shall communicate as soon
as may be with such employer or employees employes, and
endeavor by mediation to effect an amicable settlement, or
persuade them to submit the matters in dispute to the
Department.
(Source: Laws 1943, vol. 1, p. 207; revised 8-19-22.)
(820 ILCS 35/6a) (from Ch. 10, par. 27)
Sec. 6a. The Mayor of every City, and the President of
every incorporated town or village, whenever a strike or
lockout involving more than twenty-five employees employes
shall be threatened or has actually occurred within or near
such City, incorporated town or village shall immediately
communicate the fact to the Department of Labor, stating the
name or names of the employer or employers and of one or more
employees employes, with their post-office addresses, the
nature of the controversy or difference existing, the number
of employees employes involved and such other information as
may be required by the Department. The president or chief
executive officer of every labor organization, in case of a
strike or lockout, actual or threatened, involving the members

SB2437 - 2078 - LRB103 26700 AMC 53063 b
of the organization of which he is an officer, shall
immediately communicate the fact of such strike or lockout to
the Department, with such information as he may possess,
touching the difference or controversy, and the number of
employees employes involved.
(Source: Laws 1943, vol. 1, p. 207; revised 8-19-22.)
Section 770. The Equal Pay Act of 2003 is amended by
changing Section 90 as follows:
(820 ILCS 112/90)
Sec. 90. Severability. The provisions of this Act are
severable under Section 1.31 of the of the Statute on
Statutes.
(Source: P.A. 93-6, eff. 1-1-04; revised 2-28-22.)
Section 775. The One Day Rest In Seven Act is amended by
changing Section 2 as follows:
(820 ILCS 140/2) (from Ch. 48, par. 8b)
Sec. 2. Hours and days of rest in every consecutive
seven-day period calendar week.
(a) Every employer shall allow every employee except those
specified in this Section at least twenty-four consecutive
hours of rest in every consecutive seven-day period in
addition to the regular period of rest allowed at the close of

SB2437 - 2079 - LRB103 26700 AMC 53063 b
each working day.
A person employed as a domestic worker, as defined in
Section 10 of the Domestic Workers' Bill of Rights Act, shall
be allowed at least 24 consecutive hours of rest in every
consecutive seven-day period. This subsection (a) does not
prohibit a domestic worker from voluntarily agreeing to work
on such day of rest required by this subsection (a) if the
worker is compensated at the overtime rate for all hours
worked on such day of rest. The day of rest authorized under
this subsection (a) should, whenever possible, coincide with
the traditional day reserved by the domestic worker for
religious worship.
(b) Subsection (a) does not apply to the following:
(1) Part-time employees whose total work hours for one
employer during a calendar week do not exceed 20; and
(2) Employees needed in case of breakdown of machinery
or equipment or other emergency requiring the immediate
services of experienced and competent labor to prevent
injury to person, damage to property, or suspension of
necessary operation; and
(3) Employees employed in agriculture or coal mining;
and
(4) Employees engaged in the occupation of canning and
processing perishable agricultural products, if such
employees are employed by an employer in such occupation
on a seasonal basis and for not more than 20 weeks during

SB2437 - 2080 - LRB103 26700 AMC 53063 b
any calendar year or 12 month period; and
(5) Employees employed as watchmen or security guards;
and
(6) Employees who are employed in a bonafide
executive, administrative, or professional capacity or in
the capacity of an outside salesman, as defined in Section
12(a)(1) of the federal Fair Labor Standards Act, as
amended, and those employed as supervisors as defined in
Section 2(11) of the National Labor Relations Act, as
amended; and
(7) Employees who are employed as crew members of any
uninspected towing vessel, as defined by Section 2101(40)
of Title 46 of the United States Code, operating in any
navigable waters in or along the boundaries of the State
of Illinois; and
(8) Employees for whom work hours, days of work, and
rest periods are established through the collective
bargaining process.
(Source: P.A. 102-828, eff. 1-1-23; 102-1012, eff. 1-1-23;
revised 12-14-22.)
Section 780. The Occupational Safety and Health Act is
amended by changing Section 100 as follows:
(820 ILCS 219/100)
Sec. 100. Hearing.

SB2437 - 2081 - LRB103 26700 AMC 53063 b
(a) If a public employer or the employer's representative
notifies the Director that the employer intends to contest a
citation and notice of penalty or if, within 15 business days
after the issuance of the citation, an employee or
representative of employees files a notice with the Director
alleging that the period of time fixed in the citation for the
abatement of the violation is unreasonable, the Director shall
afford an opportunity for a hearing before an Administrative
Law Judge designated by the Director.
(b) At the hearing, the employer or employee shall state
his or her objections to the citation and provide evidence why
the citation should not stand as issued. The Director or his or
her representative shall be given the opportunity to state his
or her reasons for issuing the citation. Affected employees
shall be provided an opportunity to participate as parties to
hearings under the rules of procedure prescribed by the
Director (56 Ill. Adm. Admin. Code, Part 120).
(c) The Director, or the Administrative Law Judge on
behalf of the Director, has the power to do the following:
(1) Issue subpoenas for and compel the attendance of
witnesses.
(2) Hear testimony and receive evidence.
(3) Order testimony of a witness residing within or
without this State to be taken by deposition in the manner
prescribed by law for depositions in civil cases in the
circuit court in any proceeding pending before him or her

SB2437 - 2082 - LRB103 26700 AMC 53063 b
at any stage of such proceeding.
(d) Subpoenas and commissions to take testimony shall be
issued by the Director. Service of subpoenas may be made by a
sheriff or any other person.
(e) The circuit court for the county where any hearing is
pending may compel the attendance of witnesses, the production
of pertinent books, papers, records, or documents, and the
giving of testimony before the Director or an Administrative
Law Judge by an attachment proceeding, as for contempt, in the
same manner as the production of evidence may be compelled
before the court.
(f) The Administrative Law Judge on behalf of the
Director, after considering the evidence presented at the
formal hearing, in accordance with the Director's rules, shall
enter a final decision and order within a reasonable time
affirming, modifying, or vacating the citation or proposed
assessment of a civil penalty, or directing other appropriate
relief.
(Source: P.A. 102-705, eff. 1-1-23; revised 12-13-22.)
Section 785. The Employee Washroom Act is amended by
changing the title of the Act as follows:
(820 ILCS 230/Act title)
An Act to provide for washrooms with toilet facilities in
certain employments to protect the health of employees

SB2437 - 2083 - LRB103 26700 AMC 53063 b
employes and secure public comfort.
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.
SB2437 - 2084 - LRB103 26700 AMC 53063 b
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.38
5 ILCS 80/7 from Ch. 127, par. 1907
5 ILCS 80/4.33 rep.
5 ILCS 100/5-45.21
5 ILCS 100/5-45.22
5 ILCS 100/5-45.23
5 ILCS 100/5-45.28
5 ILCS 100/5-45.29
5 ILCS 100/5-45.30
5 ILCS 100/5-45.31
5 ILCS 100/5-45.32
5 ILCS 100/5-45.33
5 ILCS 140/7
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 420/2-104 from Ch. 127, par. 602-104
5 ILCS 805/10
5 ILCS 805/15
5 ILCS 840/40
10 ILCS 5/7-13 from Ch. 46, par. 7-13
10 ILCS 5/7-16 from Ch. 46, par. 7-16
10 ILCS 5/7-42 from Ch. 46, par. 7-42
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-59 from Ch. 46, par. 7-59
SB2437 - 2085 - LRB103 26700 AMC 53063 b
10 ILCS 5/7-61 from Ch. 46, par. 7-61
10 ILCS 5/8-8 from Ch. 46, par. 8-8
10 ILCS 5/10-14 from Ch. 46, par. 10-14
10 ILCS 5/16-3 from Ch. 46, par. 16-3
10 ILCS 5/16-5.01 from Ch. 46, par. 16-5.01
15 ILCS 30/1 from Ch. 127, par. 293.1
15 ILCS 55/10
15 ILCS 505/20
20 ILCS 65/20-15
20 ILCS 505/5.26
20 ILCS 505/5.27
20 ILCS 505/5.46
20 ILCS 505/5.47
20 ILCS 505/7.4
20 ILCS 505/8 from Ch. 23, par. 5008
20 ILCS 505/35.10
20 ILCS 605/605-503
20 ILCS 605/605-1095
20 ILCS 605/605-1096
20 ILCS 627/45
20 ILCS 687/6-5
20 ILCS 1205/6
20 ILCS 1305/1-17
20 ILCS 1305/1-75
20 ILCS 1305/1-80
20 ILCS 1705/74
SB2437 - 2086 - LRB103 26700 AMC 53063 b
20 ILCS 2310/2310-434
20 ILCS 2310/2310-436
20 ILCS 2310/2310-437
20 ILCS 2310/2310-710
20 ILCS 2310/2310-715
20 ILCS 2610/9 from Ch. 121, par. 307.9
20 ILCS 2610/12.6
20 ILCS 2610/46
20 ILCS 2630/5.2
20 ILCS 3305/23
20 ILCS 3420/5 from Ch. 127, par. 133c25
20 ILCS 3855/1-10
20 ILCS 3903/5
20 ILCS 4005/8.5
20 ILCS 4005/8.6
20 ILCS 4119/10
25 ILCS 150/3 from Ch. 63, par. 106
30 ILCS 105/5.935
30 ILCS 105/5.965
30 ILCS 105/5.966
30 ILCS 105/5.967
30 ILCS 105/5.968
30 ILCS 105/5.969
30 ILCS 105/5.970
30 ILCS 105/5.971
30 ILCS 105/5.972
SB2437 - 2087 - LRB103 26700 AMC 53063 b
30 ILCS 105/5.973
30 ILCS 105/5.974
30 ILCS 105/5.975
30 ILCS 105/5.976
30 ILCS 105/5.977
30 ILCS 105/5.978
30 ILCS 105/5.979
30 ILCS 105/5.980
30 ILCS 105/5.981
30 ILCS 105/5.982
30 ILCS 105/5.983
30 ILCS 105/5.984
30 ILCS 105/5.985
30 ILCS 105/5.986
30 ILCS 105/5.987
30 ILCS 105/6z-18 from Ch. 127, par. 142z-18
30 ILCS 105/6z-64
30 ILCS 105/6z-126
30 ILCS 105/6z-130
30 ILCS 105/6z-131
30 ILCS 105/6z-135
30 ILCS 105/6z-136
30 ILCS 105/6z-137
30 ILCS 105/29a from Ch. 127, par. 165a
30 ILCS 500/35-40
30 ILCS 500/45-23
SB2437 - 2088 - LRB103 26700 AMC 53063 b
30 ILCS 732/5
30 ILCS 740/2-7 from Ch. 111 2/3, par. 667
30 ILCS 805/8.45
35 ILCS 5/212.1
35 ILCS 5/232
35 ILCS 5/233
35 ILCS 5/901
35 ILCS 5/917 from Ch. 120, par. 9-917
35 ILCS 31/5
35 ILCS 40/40
35 ILCS 105/3-5
35 ILCS 105/3-10
35 ILCS 105/9 from Ch. 120, par. 439.9
35 ILCS 110/3-5
35 ILCS 110/3-10 from Ch. 120, par. 439.33-10
35 ILCS 115/3-5
35 ILCS 115/3-10 from Ch. 120, par. 439.103-10
35 ILCS 120/2-5
35 ILCS 120/2-10
35 ILCS 120/3 from Ch. 120, par. 442
35 ILCS 200/10-390
35 ILCS 200/10-800
35 ILCS 200/15-168
35 ILCS 200/15-169
35 ILCS 200/18-185
35 ILCS 200/18-190.7
SB2437 - 2089 - LRB103 26700 AMC 53063 b
35 ILCS 200/22-10
35 ILCS 200/22-25
35 ILCS 525/10-20
40 ILCS 5/7-144 from Ch. 108 1/2, par. 7-144
40 ILCS 5/16-203
40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149
50 ILCS 20/3 from Ch. 85, par. 1033
50 ILCS 705/7
50 ILCS 705/8.1 from Ch. 85, par. 508.1
50 ILCS 705/10.6
50 ILCS 705/10.19
50 ILCS 727/1-10
50 ILCS 750/15.4a
55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
55 ILCS 5/Div. 4-13
heading
55 ILCS 5/5-1006.7
55 ILCS 5/5-1182
55 ILCS 5/5-45025
55 ILCS 5/6-30002 from Ch. 34, par. 6-30002
65 ILCS 5/8-4-27
65 ILCS 5/8-10-17 from Ch. 24, par. 8-10-17
65 ILCS 5/8-10-18 from Ch. 24, par. 8-10-18
65 ILCS 5/9-2-119 from Ch. 24, par. 9-2-119
65 ILCS 5/9-2-127 from Ch. 24, par. 9-2-127
65 ILCS 5/10-1-29 from Ch. 24, par. 10-1-29
SB2437 - 2090 - LRB103 26700 AMC 53063 b
65 ILCS 5/10-1-31 from Ch. 24, par. 10-1-31
65 ILCS 5/11-1.5-5
65 ILCS 5/Art. 11 Div. 31
heading
65 ILCS 5/11-92-1 from Ch. 24, par. 11-92-1
70 ILCS 860/25
70 ILCS 1215/23 from Ch. 24 1/2, par. 136
70 ILCS 1505/14 from Ch. 105, par. 333.14
70 ILCS 1825/7 from Ch. 19, par. 257
70 ILCS 2605/11.19 from Ch. 42, par. 331.19
75 ILCS 5/5-2 from Ch. 81, par. 5-2
105 ILCS 5/2-3.195
105 ILCS 5/10-20.13
105 ILCS 5/10-20.83
105 ILCS 5/10-20.84
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
105 ILCS 5/10-22.24b
105 ILCS 5/13-40 from Ch. 122, par. 13-40
105 ILCS 5/13B-20.5
105 ILCS 5/18-8.15
105 ILCS 5/21B-20
105 ILCS 5/21B-45
105 ILCS 5/24-6
105 ILCS 5/26-2 from Ch. 122, par. 26-2
105 ILCS 5/27-22 from Ch. 122, par. 27-22
105 ILCS 5/27A-5
SB2437 - 2091 - LRB103 26700 AMC 53063 b
105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
105 ILCS 5/34-18.78
105 ILCS 5/34-18.79
105 ILCS 5/34-18.80
105 ILCS 5/34-18.81
105 ILCS 5/34-21.6 from Ch. 122, par. 34-21.6
105 ILCS 128/5
105 ILCS 128/45
105 ILCS 230/5-15
105 ILCS 426/37
105 ILCS 426/70
105 ILCS 426/75
110 ILCS 27/20
110 ILCS 205/9.16 from Ch. 144, par. 189.16
110 ILCS 220/4 from Ch. 144, par. 284
110 ILCS 305/160
110 ILCS 305/170
110 ILCS 520/135
110 ILCS 520/145
110 ILCS 660/5-245
110 ILCS 660/5-255
110 ILCS 665/10-245
110 ILCS 665/10-260
110 ILCS 670/15-245
110 ILCS 670/15-255
110 ILCS 675/20-250
SB2437 - 2092 - LRB103 26700 AMC 53063 b
110 ILCS 675/20-265
110 ILCS 680/25-245
110 ILCS 680/25-260
110 ILCS 685/30-255
110 ILCS 685/30-270
110 ILCS 690/35-250
110 ILCS 690/35-265
110 ILCS 805/3-29.20
110 ILCS 805/3-29.23
110 ILCS 932/10
110 ILCS 947/52
110 ILCS 975/5 from Ch. 144, par. 2755
110 ILCS 975/6.5
205 ILCS 5/48
205 ILCS 305/8 from Ch. 17, par. 4409
205 ILCS 305/19 from Ch. 17, par. 4420
205 ILCS 305/20 from Ch. 17, par. 4421
205 ILCS 305/59 from Ch. 17, par. 4460
205 ILCS 635/7-7
210 ILCS 9/77
210 ILCS 9/78
210 ILCS 45/3-202.2b
210 ILCS 45/3-613
210 ILCS 45/3-614
210 ILCS 45/3-702 from Ch. 111 1/2, par. 4153-702
210 ILCS 46/3-613
SB2437 - 2093 - LRB103 26700 AMC 53063 b
210 ILCS 46/3-614
210 ILCS 47/3-613
210 ILCS 47/3-614
210 ILCS 49/4-105
215 ILCS 5/143a
215 ILCS 5/229.4a
215 ILCS 5/356z.14
215 ILCS 5/356z.53
215 ILCS 5/356z.54
215 ILCS 5/356z.55
215 ILCS 5/356z.56
215 ILCS 5/356z.57
215 ILCS 5/356z.58
215 ILCS 5/356z.59
215 ILCS 5/364.01
215 ILCS 5/513b1
215 ILCS 93/25
215 ILCS 125/4.5-1
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
215 ILCS 134/15
215 ILCS 134/45.1
215 ILCS 159/20
220 ILCS 5/7-213
220 ILCS 5/8-103B
220 ILCS 5/8-201.4
220 ILCS 5/14-102 from Ch. 111 2/3, par. 14-102
SB2437 - 2094 - LRB103 26700 AMC 53063 b
220 ILCS 5/14-103 from Ch. 111 2/3, par. 14-103
220 ILCS 5/14-104 from Ch. 111 2/3, par. 14-104
220 ILCS 5/16-108.5
220 ILCS 80/15
225 ILCS 5/4 from Ch. 111, par. 7604
225 ILCS 30/100 from Ch. 111, par. 8401-100
225 ILCS 30/105 from Ch. 111, par. 8401-105
225 ILCS 64/10
225 ILCS 65/50-10 was 225 ILCS 65/5-10
225 ILCS 85/9
225 ILCS 85/25.10
225 ILCS 107/20
225 ILCS 107/50
225 ILCS 120/15 from Ch. 111, par. 8301-15
225 ILCS 120/21
225 ILCS 120/35 from Ch. 111, par. 8301-35
225 ILCS 120/110 from Ch. 111, par. 8301-110
225 ILCS 230/1011
225 ILCS 310/3 from Ch. 111, par. 8203
225 ILCS 310/4.1
225 ILCS 310/4.2
225 ILCS 320/5 from Ch. 111, par. 1104
225 ILCS 422/35
225 ILCS 454/5-10
225 ILCS 705/2.14 from Ch. 96 1/2, par. 314
225 ILCS 705/8.11 from Ch. 96 1/2, par. 811
SB2437 - 2095 - LRB103 26700 AMC 53063 b
230 ILCS 10/7.2
235 ILCS 5/1-3.43
235 ILCS 5/5-3 from Ch. 43, par. 118
235 ILCS 5/6-9.15
235 ILCS 5/6-38
235 ILCS 5/10-5 from Ch. 43, par. 187
305 ILCS 5/5-3 from Ch. 23, par. 5-3
305 ILCS 5/5-5 from Ch. 23, par. 5-5
305 ILCS 5/5-5.01b
305 ILCS 5/5-45
305 ILCS 5/5-46
305 ILCS 5/Art. V-G
heading
305 ILCS 5/Art. V-H
heading
305 ILCS 5/Art. X heading
305 ILCS 5/Art. XIV
heading
305 ILCS 5/14-12
305 ILCS 5/Art. XV heading
305 ILCS 66/20-10
325 ILCS 5/4
330 ILCS 61/1-10
405 ILCS 20/5 from Ch. 91 1/2, par. 305
405 ILCS 49/5
405 ILCS 140/10
SB2437 - 2096 - LRB103 26700 AMC 53063 b
405 ILCS 145/1-5
410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a
410 ILCS 70/1a-1
410 ILCS 70/2-1
410 ILCS 70/5-1
410 ILCS 70/5.4
410 ILCS 70/7
410 ILCS 70/7-1
410 ILCS 70/9.5
410 ILCS 535/18 from Ch. 111 1/2, par. 73-18
410 ILCS 650/2 from Ch. 56 1/2, par. 68
410 ILCS 650/8 from Ch. 56 1/2, par. 74
410 ILCS 720/25
415 ILCS 5/10 from Ch. 111 1/2, par. 1010
415 ILCS 5/22.15
415 ILCS 5/22.59
415 ILCS 60/4 from Ch. 5, par. 804
415 ILCS 135/45
420 ILCS 5/8 from Ch. 111 1/2, par. 4308
430 ILCS 65/1.1
430 ILCS 65/8.3
430 ILCS 65/9.5
430 ILCS 175/25
510 ILCS 68/100-10
515 ILCS 5/20-45 from Ch. 56, par. 20-45
520 ILCS 5/1.2t from Ch. 61, par. 1.2t
SB2437 - 2097 - LRB103 26700 AMC 53063 b
520 ILCS 5/2.33
520 ILCS 20/20 from Ch. 61, par. 237
605 ILCS 5/2-201 from Ch. 121, par. 2-201
605 ILCS 140/5
610 ILCS 5/13a from Ch. 114, par. 13a
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
625 ILCS 5/5-101.1
625 ILCS 5/6-107
625 ILCS 5/6-206
625 ILCS 5/6-514
625 ILCS 5/7-328 from Ch. 95 1/2, par. 7-328
625 ILCS 5/7-329 from Ch. 95 1/2, par. 7-329
625 ILCS 5/11-208.6
625 ILCS 5/11-208.9
625 ILCS 5/11-506
625 ILCS 5/11-605 from Ch. 95 1/2, par. 11-605
625 ILCS 5/12-215
630 ILCS 10/15
630 ILCS 10/20
705 ILCS 405/2-28 from Ch. 37, par. 802-28
705 ILCS 405/5-915
720 ILCS 5/11-35 was 720 ILCS 5/11-7
720 ILCS 5/24-2
720 ILCS 570/312 from Ch. 56 1/2, par. 1312
725 ILCS 5/110-1 from Ch. 38, par. 110-1
725 ILCS 5/112A-5.5
SB2437 - 2098 - LRB103 26700 AMC 53063 b
725 ILCS 5/115-11 from Ch. 38, par. 115-11
730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/3-6-7.3
730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
730 ILCS 145/1 from Ch. 38, par. 1531
730 ILCS 167/20
735 ILCS 30/15-5-35
735 ILCS 30/15-5-48
740 ILCS 21/20
740 ILCS 21/70
740 ILCS 22/202
740 ILCS 22/210
740 ILCS 45/2
750 ILCS 60/202 from Ch. 40, par. 2312-2
750 ILCS 60/212 from Ch. 40, par. 2312-12
750 ILCS 60/217 from Ch. 40, par. 2312-17
760 ILCS 40/Act title
760 ILCS 40/1 from Ch. 48, par. 39t
760 ILCS 40/2 from Ch. 48, par. 39u
765 ILCS 60/8 from Ch. 6, par. 8
775 ILCS 5/1-103 from Ch. 68, par. 1-103
815 ILCS 356/1-10
815 ILCS 357/Act title
815 ILCS 505/2AA
815 ILCS 505/2EE
SB2437 - 2099 - LRB103 26700 AMC 53063 b