Bill Amendment: IL HB0862 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE GOVERNMENT-TECH

Status: 2026-06-16 - Public Act . . . . . . . . . 104-0465 [HB0862 Detail]

Download: Illinois-2025-HB0862-Senate_Amendment_001.html

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Sen. Julie A. Morrison

Filed: 5/29/2026

 

 

 

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AMENDMENT TO HOUSE BILL 862
AMENDMENT NO. ______. Amend House Bill 862 by replacing
everything after the enacting clause with the following:
"Article 5.
Section 5-5. The Election Code is amended by changing
Section 12A-10 as follows:
(10 ILCS 5/12A-10)
Sec. 12A-10. Candidate statements and photographs in the
Internet Guide.
(a) Any candidate whose name appears in the Internet Guide
may submit a written statement and a photograph to appear in
the Internet Guide, provided that:
(1) No personal statement may exceed a brief biography
(name, age, education, and current employment) and an
additional 400 words.

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(2) Personal statements may include contact
information for the candidate, including the address and
phone number of the campaign headquarters, and the
candidate's website.
(3) Personal statements may not mention a candidate's
opponents by name.
(4) No personal statement may include language that
may not be legally sent through the mail.
(5) The photograph shall be a conventional photograph
with a plain background and show only the face, or the
head, neck, and shoulders, of the candidate.
(6) The photograph shall not (i) show the candidate's
hands, anything in the candidate's hands, or the candidate
wearing a judicial robe, a hat, or a military, police, or
fraternal uniform or (ii) include the uniform or insignia
of any organization.
(b) The Board must note in the text of the Internet Guide
that personal statements were submitted by the candidate or
his or her designee and were not edited by the Board.
(c) Where a candidate declines to submit a statement, the
Board may note that the candidate declined to submit a
statement.
(d) (Blank). (Blank.)
(e) Anyone other than the candidate submitting a statement
or photograph from a candidate must attest that he or she is
doing so on behalf and at the direction of the candidate. The

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Board may assess a civil fine of no more than $1,000 against a
person or entity who falsely submits a statement or photograph
not authorized by the candidate.
(f) Nothing in this Article makes the author of any
statement exempt from any civil or criminal action because of
any defamatory statements offered for posting or contained in
the Internet Guide. The persons writing, signing, or offering
a statement for inclusion in the Internet Guide are deemed to
be its authors and publishers, and the Board shall not be
liable in any case or action relating to the content of any
material submitted by any candidate.
(g) The Board may set reasonable deadlines for the
submission of personal statements and photographs.
(h) The Board may set formats for the submission of
statements and photographs. The Board may require that
statements and photographs are submitted in an electronic
format.
(i) Fines collected pursuant to subsection (e) of this
Section shall be deposited into the Elections Special Projects
Fund Voters' Guide Fund, a special fund created in the State
treasury. Moneys in the Voters' Guide Fund shall be
appropriated solely to the State Board of Elections for use in
the implementation and administration of this Article 12A.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
Section 5-10. The Accessible Electronic Information Act is

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amended by changing Sections 15 and 20 as follows:
(15 ILCS 323/15)
Sec. 15. Accessible electronic information service
program. The Director by rule shall develop and implement a
program of grants to qualified entities for the provision of
accessible electronic information service to blind persons and
persons with disabilities throughout Illinois. The grants
shall be funded through appropriations from the Accessible
Electronic Information Service Fund established in Section 20.
(Source: P.A. 99-143, eff. 7-27-15.)
(15 ILCS 323/20)
Sec. 20. Accessible Electronic Information Service Fund.
(a) Before July 1 of each year through 2025, the Illinois
Commerce Commission, in consultation with the Director, shall
determine the amount of funding necessary to support the
program described in Section 15 during the next fiscal year
and shall certify that amount to the State Treasurer.
(b) Each month, the State Treasurer shall transfer 1/12th
of the amount determined under subsection (a) from the Digital
Divide Elimination Infrastructure Fund into the Accessible
Electronic Information Service Fund, a special fund created in
the State treasury that may be appropriated only for the
purposes of this Act. If moneys in the Digital Divide
Elimination Infrastructure Fund are insufficient to meet the

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transfer requirements of this subsection, the Illinois
Commerce Commission shall direct the Illinois
Telecommunications Access Corporation, or its successor, to
remit the amount of any insufficiency to the Director for
deposit into the Accessible Electronic Information Service
Fund from surcharges collected by the Corporation, or its
successor, under Section 13-703 of the Public Utilities Act.
(c) On July 1, 2026 or as soon thereafter as practical, the
State Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Accessible Electronic
Information Service Fund into the General Revenue Fund. Upon
completion of the transfer, the Accessible Electronic
Information Service Fund is dissolved, and any future deposits
due to that Fund and any outstanding obligations or
liabilities of that Fund pass to the General Revenue Fund.
This Section is repealed on January 1, 2027.
(Source: P.A. 93-797, eff. 7-22-04.)
Section 5-15. The State Fair Act is amended by adding
Section 10.5 as follows:
(20 ILCS 210/10.5 new)
Sec. 10.5. Transfer of moneys into the Illinois State Fair
Fund. Notwithstanding any other provision of law, on July 1,
2026 or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the

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remaining balance from the State Fair Promotional Activities
Fund and the Watershed Park Fund into the Illinois State Fair
Fund. Upon completion of the transfers, the State Fair
Promotional Activities Fund and the Watershed Park Fund are
dissolved, and any future deposits due to those funds and any
outstanding obligations or liabilities of those funds shall
pass to the Illinois State Fair Fund. This Section is repealed
on January 1, 2027.
(20 ILCS 605/605-1085 rep.)
Section 5-20. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by repealing Section 605-1085.
Section 5-25. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois is amended by changing Section 805-420 as follows:
(20 ILCS 805/805-420) (was 20 ILCS 805/63a36)
Sec. 805-420. Appropriations from Park and Conservation
Fund. The Department has the power to expend moneys monies
appropriated to the Department from the Park and Conservation
Fund in the State treasury for conservation and park purposes.
All Eighty percent of the revenue derived from fees paid
for certificates of title, duplicate certificates of title and
corrected certificates of title and deposited into in the Park

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and Conservation Fund, as provided for in Section 2-119 of the
Illinois Vehicle Code, shall be expended solely by the
Department pursuant to an appropriation for acquisition,
development, and maintenance of bike paths, including grants
for the acquisition and development of bike paths. All and 20%
of the revenue derived from fees paid for certificates of
title, duplicate certificates of title and corrected
certificates of title and shall be deposited into the Illinois
Fisheries Management Fund, a special fund created in the State
treasury, as provided for in Section 2-119 of the Illinois
Vehicle Code, shall Treasury to be used for the operation of
the Division of Fisheries within the Department.
Revenue derived from fees paid for the registration of
motor vehicles of the first division and deposited into in the
Park and Conservation Fund, as provided for in Section 3-806
of the Illinois Vehicle Code, shall be expended by the
Department for the following purposes:
(A) Fifty percent of funds derived from the vehicle
registration fee shall be used by the Department for
normal operations.
(B) Fifty percent of funds derived from the vehicle
registration fee shall be used by the Department for
construction and maintenance of State owned, leased, and
managed sites.
The moneys monies deposited into the Park and Conservation
Fund and the Illinois Fisheries Management Fund under this

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Section shall not be subject to administrative charges or
chargebacks unless otherwise authorized by this Act.
(Source: P.A. 97-1136, eff. 1-1-13.)
Section 5-30. The Department of Human Services Act is
amended by changing Section 10-50 as follows:
(20 ILCS 1305/10-50)
Sec. 10-50. Illinois Steps for Attaining Higher Education
through Academic Development Program established. The Illinois
Steps for Attaining Higher Education through Academic
Development ("Illinois Steps AHEAD") program is established in
the Illinois Department of Human Services. Illinois Steps
AHEAD shall provide educational services and post-secondary
educational scholarships for low-income middle and high school
students. Program components shall include increased parent
involvement, creative and engaging academic support for
students, career exploration programs, college preparation,
and increased collaboration with local schools. The Illinois
Department of Human Services shall administer the program. The
Department shall implement the program only if federal funding
is made available for that purpose. All moneys received
pursuant to the federal Gaining Early Awareness and Readiness
for Undergraduate Programs shall be deposited into the Gaining
Early Awareness and Readiness for Undergraduate Programs Fund,
a special fund hereby created in the State treasury. Moneys in

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this fund shall be appropriated to the Department of Human
Services and expended for the purposes and activities
specified by the federal agency making the grant. All interest
earnings on amounts in the Gaining Early Awareness and
Readiness for Undergraduate Programs Fund shall accrue to the
Gaining Early Awareness and Readiness for Undergraduate
Programs Fund and be used in accordance with 34 CFR C.F.R.
75.703. Notwithstanding any other provision of law, on July 1,
2026 or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the Gaining Early Awareness and
Readiness for Undergraduate Programs Fund into the General
Revenue Fund. Upon completion of the transfers, the Gaining
Early Awareness and Readiness for Undergraduate Programs Fund
is dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund shall pass
to the General Revenue Fund. This Section is repealed on
January 1, 2027.
(Source: P.A. 94-1043, eff. 7-24-06.)
Section 5-35. The Domestic Violence Shelters Act is
amended by adding Section 3.5 as follows:
(20 ILCS 1310/3.5 new)
Sec. 3.5. Domestic Violence Shelter and Service Fund.
There is created in the State treasury a special fund known as

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the Domestic Violence Shelter and Service Fund. The State
Treasurer shall deposit into the Domestic Violence Shelter and
Service Fund each assessment received under the Criminal and
Traffic Assessment Act. Moneys deposited into the Fund shall
be appropriated to the Department of Human Services for the
purpose of providing services specified by this Act.
(20 ILCS 1310/3.2 rep.)
Section 5-40. The Domestic Violence Shelters Act is
amended by repealing Section 3.2.
Section 5-45. The Department of Human Services (Mental
Health and Developmental Disabilities) Law of the Civil
Administrative Code of Illinois is amended by changing Section
1710-100 as follows:
(20 ILCS 1710/1710-100) (was 20 ILCS 1710/53d)
Sec. 1710-100. Grants to Special Olympics Illinois. The
Department shall make grants to Special Olympics Illinois for
area and statewide athletic competitions from appropriations
to the Department from the Special Olympics Illinois Fund, a
special fund created in the State treasury. Notwithstanding
any other provision of law, on July 1, 2027 or as soon
thereafter as practical, the State Comptroller shall direct
and the State Treasurer shall transfer the remaining balance
from the Special Olympics Illinois Fund into the Special

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Olympics Illinois and Special Children's Charities Fund. Upon
completion of the transfers, the Special Olympics Illinois
Fund is dissolved, and any future deposits due to that Fund and
any outstanding obligations or liabilities of that Fund shall
pass to the Special Olympics Illinois and Special Children's
Charities Fund. This Section is repealed on January 1, 2028.
(Source: P.A. 95-523, eff. 6-1-08; 95-876, eff. 8-21-08.)
Section 5-50. The Department of Professional Regulation
Law of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 and by adding Section 2105-15.2 as
follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers
and duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.

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(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations;
provided, that no school, college, or university, or
department of a university, or other institution that
refuses admittance to applicants solely on account of
race, color, creed, sex, sexual orientation, or national
origin shall be considered reputable and in good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard
to licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the

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Department with regard to those licenses, certificates, or
authorities.
The Department shall issue a monthly disciplinary
report.
The Department shall refuse to issue or renew a
license to, or shall suspend or revoke a license of, any
person who, after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or child
support proceeding. However, the Department may issue a
license or renewal upon compliance with the subpoena or
warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified
by a court as being in violation of the Non-Support
Punishment Act for more than 60 days. The Department may,
however, issue a license or renewal if the person has
established a satisfactory repayment record as determined
by the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) or if the
person is determined by the court to be in compliance with
the Non-Support Punishment Act. The Department may

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implement this paragraph as added by Public Act 89-6
through the use of emergency rules in accordance with
Section 5-45 of the Illinois Administrative Procedure Act.
For purposes of the Illinois Administrative Procedure Act,
the adoption of rules to implement this paragraph shall be
considered an emergency and necessary for the public
interest, safety, and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands
when the transfer, acquisition, or acceptance is
advantageous to the State and is approved in writing by
the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to
the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act
of 1984, or the Illinois Parentage Act of 2015.
Notwithstanding any provisions in this Code to the
contrary, the Department of Financial and Professional

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Regulation shall not be liable under any federal or State
law to any person for any disclosure of information to the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) under this paragraph
(8) or for any other action taken in good faith to comply
with the requirements of this paragraph (8).
(8.3) To exchange information with the Department of
Human Rights regarding recommendations received under
paragraph (B) of Section 8-109 of the Illinois Human
Rights Act regarding a licensee or candidate for licensure
who has committed a civil rights violation that may lead
to the refusal, suspension, or revocation of a license
from the Department.
(8.5) To accept continuing education credit for
mandated reporter training on how to recognize and report
child abuse offered by the Department of Children and
Family Services and completed by any person who holds a
professional license issued by the Department and who is a
mandated reporter under the Abused and Neglected Child
Reporting Act. The Department shall adopt any rules
necessary to implement this paragraph.
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving delinquency in complying
with a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person

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or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
(b) (Blank).
(c) For the purpose of securing and preparing evidence,
and for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the General Professions Dedicated
Professional Regulation Evidence Fund that the Director deems
necessary from the amounts appropriated for that purpose.
Those sums may be advanced to the agent when the Director deems
that procedure to be in the public interest. Sums for the
purchase of controlled substances, professional services, and
equipment necessary for enforcement activities and other
activities as set forth in this Section shall be advanced to
the agent who is to make the purchase from the General
Professions Dedicated Professional Regulation Evidence Fund on
vouchers signed by the Director. The Director and those agents
are authorized to maintain one or more commercial checking

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accounts with any State banking corporation or corporations
organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used for the purposes
set forth in this Section; provided, that no check may be
written nor any withdrawal made from any such account except
upon the written signatures of 2 persons designated by the
Director to write those checks and make those withdrawals.
Vouchers for those expenditures must be signed by the
Director. All such expenditures shall be audited by the
Director, and the audit shall be submitted to the Department
of Central Management Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of
the Private Business and Vocational Schools Act of 2012.
(f) (Blank).
(f-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the

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Department shall allow an applicant to provide his or her
individual taxpayer identification number as an alternative to
providing a social security number when applying for a
license.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirement of
any such tax Act are satisfied; however, the Department may
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the Illinois
Department of Revenue. For the purpose of this Section,
"satisfactory repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,

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immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall
advise the licensee that the suspension shall be effective 60
days after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a
hearing before the Department to dispute the matters contained
in the order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department may promulgate rules for the administration
of this subsection (g).
(g-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall refuse the issuance or renewal of a license
to, or suspend or revoke the license of, any individual,
corporation, partnership, or other business entity that has
been found by the Illinois Workers' Compensation Commission or
the Department of Insurance to have failed to (i) secure
workers' compensation obligations in the manner required by

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subsections (a) and (b) of Section 4 of the Workers'
Compensation Act, (ii) pay in full a fine or penalty imposed
due to a failure to secure workers' compensation obligations
in the manner required by subsections (a) and (b) of Section 4
of the Workers' Compensation Act, or (iii) fulfill all
obligations assumed pursuant to a settlement reached with the
Illinois Workers' Compensation Commission or the Department of
Insurance relating to a failure to secure workers'
compensation obligations in the manner required by subsections
(a) and (b) of Section 4 of the Workers' Compensation Act. No
initial or renewal license shall be issued, and no suspended
license shall be reinstated, until such time that the
Department is notified by the Illinois Workers' Compensation
Commission or the Department of Insurance that the licensee's
or applicant's failure to comply with subsections (a) and (b)
of Section 4 of the Workers' Compensation Act has been
corrected or otherwise resolved to satisfaction of the
Illinois Workers' Compensation Commission or the Department of
Insurance.
In addition, a complaint filed with the Department by the
Illinois Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman, or the Director or Chairman's designee,
attesting to a finding of the failure to secure workers'
compensation obligations in the manner required by subsections
(a) and (b) of Section 4 of the Workers' Compensation Act or

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the failure to pay any fines or penalties or to discharge any
obligation under a settlement relating to the failure to
secure workers' compensation obligations in the manner
required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act is prima facie evidence of the
licensee's or applicant's failure to comply with subsections
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
receipt of that certification, the Department shall, without a
hearing, immediately suspend all licenses held by the licensee
or the processing of any application from the applicant.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall
advise the licensee that the suspension shall be effective 60
days after the issuance of the Department's order unless the
Department receives from the licensee or applicant a request
for a hearing before the Department to dispute the matters
contained in the order.
Any suspension imposed under this subsection shall be
terminated by the Department upon notification from the
Illinois Workers' Compensation Commission or the Department of
Insurance that the licensee's or applicant's failure to comply
with subsections (a) and (b) of Section 4 of the Workers'
Compensation Act has been corrected or otherwise resolved to

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the satisfaction of the Illinois Workers' Compensation
Commission or the Department of Insurance.
No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Illinois Workers' Compensation
Commission or the Department of Insurance.
The Department may adopt rules for the administration of
this subsection.
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
(i) The Department shall make available on its website
general information explaining how the Department utilizes
criminal history information in making licensure application
decisions, including a list of enumerated offenses that serve
as a statutory bar to licensure.
(Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24;
103-605, eff. 7-1-24.)

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(20 ILCS 2105/2105-15.2 new)
Sec. 2105-15.2. Professional Regulation Evidence Fund;
dissolution. On July 1, 2026 or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the remaining balance from the
Professional Regulation Evidence Fund into the General
Professions Dedicated Fund. Upon completion of the transfer,
the Professional Regulation Evidence Fund is dissolved, and
any future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund shall pass to the
General Professions Dedicated Fund. This Section is repealed
on January 1, 2027.
Section 5-60. The State Finance Act is amended by changing
Sections 5.02, 5.212, 5.229, 5.361, 5.488, 5.546, 5.629,
5.632, 5.674, 5.739, 5.757, 5.913, 6m, 6z-39, 6z-131, 8.14-1,
and 8.30 as follows:
(30 ILCS 105/5.02) (from Ch. 127, par. 141.02)
Sec. 5.02. The Air Transportation Revolving Fund. This
Section is repealed on January 1, 2028.
(Source: Laws 1919, p. 946.)
(30 ILCS 105/5.212) (from Ch. 127, par. 141.212)
Sec. 5.212. The Professional Regulation Evidence Fund.

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This Section is repealed on January 1, 2027.
(Source: P.A. 85-4.)
(30 ILCS 105/5.229) (from Ch. 127, par. 141.229)
Sec. 5.229. The Fish and Wildlife Endowment Fund. This
Section is repealed on January 1, 2027.
(Source: P.A. 85-1209.)
(30 ILCS 105/5.361)
Sec. 5.361. The Special Olympics Illinois Fund. This
Section is repealed on January 1, 2028.
(Source: Repealed by P.A. 95-331, eff. 8-21-07. Reenacted and
changed by P.A. 95-523, eff. 6-1-08.)
(30 ILCS 105/5.488)
Sec. 5.488. The Port Development Revolving Loan Fund. This
Section is repealed on January 1, 2027.
(Source: P.A. 99-933, eff. 1-27-17.)
(30 ILCS 105/5.546)
Sec. 5.546. The Digital Divide Elimination Infrastructure
Fund. This Section is repealed on January 1, 2027.
(Source: P.A. 92-22, eff. 6-30-01; 92-651, eff. 7-11-02.)
(30 ILCS 105/5.629)
Sec. 5.629. The Accessible Electronic Information Service

10400HB0862sam001 - 25 - LRB104 04759 JDS 38476 a
Fund. This Section is repealed on January 1, 2027.
(Source: P.A. 95-331, eff. 8-21-07.)
(30 ILCS 105/5.632)
Sec. 5.632. The Safe Bottled Water Fund. This Section is
repealed on January 1, 2028.
(Source: P.A. 95-331, eff. 8-21-07.)
(30 ILCS 105/5.674)
Sec. 5.674. The Gaining Early Awareness and Readiness for
Undergraduate Programs Fund. This Section is repealed on
January 1, 2027.
(Source: P.A. 94-1043, eff. 7-24-06; 95-331, eff. 8-21-07.)
(30 ILCS 105/5.739)
Sec. 5.739. The Roadside Memorial Fund. This Section is
repealed on January 1, 2027.
(Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.)
(30 ILCS 105/5.757)
Sec. 5.757. The Employment of Illinois Workers on Public
Works Projects Fund. This Section is repealed on January 1,
2027.
(Source: P.A. 96-929, eff. 6-16-10; 97-333, eff. 8-12-11.)
(30 ILCS 105/5.913)

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Sec. 5.913. The School STEAM Grant Program Fund. This
Section is repealed on January 1, 2027.
(Source: P.A. 101-561, eff. 8-23-19; 102-558, eff. 8-20-21.)
(30 ILCS 105/6m) (from Ch. 127, par. 142m)
Sec. 6m. All fees and other moneys received by the
Department of Transportation from any officer, department or
agency of the State for providing air transportation to or for
such officer, department or agency shall be paid (i) through
June 30, 2027 into the Air Transportation Revolving Fund and
(ii) beginning July 1, 2027 into the Aeronautics Fund. The
moneys in the Air Transportation Revolving Fund this fund
shall be used by the Department of Transportation only for
equipment, personnel, operational expenses and such other
expenses as may be incidental to providing air transportation
for officers, departments or agencies of the State Government.
On July 1, 2027 or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Air Transportation
Revolving Fund into the Aeronautics Fund. Upon completion of
the transfer, the Air Transportation Revolving Fund is
dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund shall pass
to the Aeronautics Fund.
(Source: P.A. 81-840.)

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(30 ILCS 105/6z-39)
Sec. 6z-39. Federal Financing Cost Reimbursement Fund. The
Governor's Office of Management and Budget shall be the State
coordinator and representative with the United States
Department of the Treasury for purposes of implementing the
federal Cash Management Improvement Act of 1990.
The Governor's Office of Management and Budget shall:
negotiate Treasury-State agreements; develop and file annual
reports; establish the net State liability; determine State
agency shares of the net State liability; direct State
agencies to pay or transfer moneys into the Federal Financing
Cost Reimbursement Fund, a State trust fund in the State
treasury; and initiate payments of the net State liability to
the U.S. Treasury out of the Federal Financing Cost
Reimbursement Fund. Agencies shall make payments or transfers
to the Federal Financing Cost Reimbursement Fund as directed
by the Governor's Office of Management and Budget and shall
otherwise cooperate with the Governor's Office of Management
and Budget to implement the federal Cash Management
Improvement Act of 1990.
(Source: P.A. 94-793, eff. 5-19-06.)
(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

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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. Notwithstanding any
other provision of law, on July 1, 2026 or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the remaining balance from the
Federal Agricultural Marketing Services Fund into the
Agriculture Federal Projects Fund. Upon completion of the
transfer, the Federal Agricultural Marketing Services Fund is
dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund shall pass
to the Agriculture Federal Projects Fund.
(Source: P.A. 102-699, eff. 4-19-22; 103-154, eff. 6-30-23.)
(30 ILCS 105/8.14-1) (from Ch. 127, par. 144.14-1)
Sec. 8.14-1. Appropriations for equipment, personnel,
operational expenses and such other expenses incident to
providing air transportation for officers, departments or

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agencies of the State government may be payable from the Air
Transportation Revolving Fund or, beginning in State fiscal
year 2028, the Aeronautics Fund.
(Source: Laws 1968, p. 474.)
(30 ILCS 105/8.30) (from Ch. 127, par. 144.30)
Sec. 8.30. All moneys received from the issuance of
Lifetime Hunting, Fishing or Sportsmen's Combination Licenses
under Section 20-45 of the Fish and Aquatic Life Code shall be
deposited into the Fish and Wildlife Endowment Fund. All
interest earned and accrued from moneys monies deposited into
in the Fish and Wildlife Endowment Fund shall be deposited
monthly by the State Treasurer in the Fish and Wildlife
Endowment Fund. The Treasurer upon request of the Director of
the Department of Natural Resources from time to time may
transfer amounts from the Fish and Wildlife Endowment Fund to
the Wildlife and Fish Fund, but the annual transfers shall not
exceed the annual interest accrued to the Fish and Wildlife
Endowment Fund.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on July 1,
2026 or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the Fish and Wildlife Endowment Fund
into the Wildlife and Fish Fund. Upon completion of the
transfer, the Fish and Wildlife Endowment Fund is dissolved,

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and any future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund pass to the Wildlife
and Fish Fund.
This Section is repealed on January 1, 2027.
(Source: P.A. 89-445, eff. 2-7-96.)
(30 ILCS 105/5.408 rep.)
(30 ILCS 105/5.700 rep.)
(30 ILCS 105/5.704 rep.)
(30 ILCS 105/5.774 rep.)
(30 ILCS 105/5.829 rep.)
(30 ILCS 105/5.959 rep.)
(30 ILCS 105/5.992 rep.)
(30 ILCS 105/5.997 rep.)
(30 ILCS 105/5.1010 rep.)
(30 ILCS 105/5.1030 rep.)
(30 ILCS 105/6b-4 rep.)
(30 ILCS 105/6z-136 rep.)
(30 ILCS 105/6z-137 rep.)
Section 5-65. The State Finance Act is amended by
repealing Sections 5.408, 5.700, 5.704, 5.774, 5.829, 5.959,
5.992, 5.997, 5.1010, 5.1030 as added by Public Act 104-259,
6b-4, 6z-136, and 6z-137.
Section 5-70. The Employment of Illinois Workers on Public
Works Act is amended by changing Section 7.10 as follows:

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(30 ILCS 570/7.10)
Sec. 7.10. Disposition of proceeds Employment of Illinois
Workers on Public Works Projects Fund. All moneys received by
the Department as civil penalties under this Act shall be
deposited into the Employee Classification Fund Employment of
Illinois Workers on Public Works Projects Fund and shall be
used, subject to appropriation by the General Assembly, by the
Department for administration, investigation, and other
expenses incurred in carrying out its powers and duties under
this Act. The Department shall hire as many investigators and
other personnel as may be necessary to carry out the purposes
of this Act. Notwithstanding any other provision of law, in
addition to any other transfers that may be provided by law, on
July 1, 2026 or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Employment of Illinois
Workers on Public Works Projects Fund into the Employee
Classification Fund. Upon completion of the transfer, the
Employment of Illinois Workers on Public Works Projects Fund
is dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund pass to
the Employee Classification Fund Any moneys in the Fund at the
end of a fiscal year in excess of those moneys necessary for
the Department to carry out its powers and duties under this
Act shall be available for appropriation to the Department for

10400HB0862sam001 - 32 - LRB104 04759 JDS 38476 a
the next fiscal year for any of the Department's duties.
(Source: P.A. 96-929, eff. 6-16-10.)
Section 5-75. The Build Illinois Act is amended by
changing Section 9-11 as follows:
(30 ILCS 750/9-11)
Sec. 9-11. Port Development Revolving Loan Program.
(1) There is created in the State treasury Treasury the
Port Development Revolving Loan Fund, referred to in this
Section as the Fund. Moneys in the Fund may be appropriated for
the purposes of the Port Development Revolving Loan Program
created by this Section to be administered by the Department
of Commerce and Economic Opportunity in order to facilitate
and enhance the utilization of Illinois' navigable waterways
or the development of inland intermodal freight facilities or
both. The Department may adopt rules for the administration of
the Program.
The General Assembly may make appropriations for the
purposes of the Program. Repayment of loans made to individual
port districts shall be paid back into the Fund to establish an
ongoing revolving loan fund to facilitate continuing port
development activities in the State.
(2) Loan funds from the Program shall be made available to
Illinois port districts on a competitive basis. In order to
obtain assistance under the Program, a port district must

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submit a comprehensive application to the Department for
consideration.
Projects eligible for funding under the Program must be
intermodal facilities and within the scope of powers and
responsibilities as granted in each port district's enabling
legislation. Loan funds shall not be used for working capital
or administrative purposes by the port district.
(3) The maximum amount which may be loaned from the
Program to fund any one project is $3,000,000. Program funds
may be used for up to 50% of an individual project financing.
The balance of financing for an individual project must be
secured by the respective district.
The maximum loan term shall be for 20 years with an
interest rate of 5% per annum. Principal and interest payments
shall be made on a semi-annual basis.
(4) In order to receive a loan from the Program, a port
district must:
(a) demonstrate that the proposed project shall
generate sufficient revenue to support amortization of the
loan and be willing to pledge revenues from the project to
loan repayment or
(b) demonstrate that the port district can financially
support debt service payments through general revenue
sources of the port district and pledge the full faith and
credit of the port district to loan repayment.
In order to achieve the requirement of paragraph (a) of

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this subsection (4), the port district may use guarantees
provided under facility operating agreements or guaranteed
facility use agreements from private concerns to demonstrate
loan repayment ability.
Certain infrastructure facilities developed under the
Program may be general use public facilities where there is
not a definitive and guaranteed revenue stream to support the
project, nevertheless the facilities are important to
facilitate overall long term port development objectives. In
such cases, the full faith and credit of the port district may
be used as loan collateral.
(5) A loan agreement shall be executed between the port
district and the State stipulating all of the terms and
conditions of the loan. The Department shall release funds on
a reimbursement basis for eligible costs of the project as
incurred. The port district shall certify to the Department
that expenses incurred during construction are in accordance
with plans and specifications as approved by the Department.
Funds may be drawn once per month during construction of the
project.
(6) The loan agreement shall contain customary and usual
loan default provisions in the event the port district fails
to make the required payments. The loan agreement shall
stipulate the State's recourse in curing any default.
In the event a port district becomes delinquent in
payments to the State, that port district shall not be

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eligible for any future loans until the delinquency is
remedied.
(7) Individual port district project applications shall
include the following:
(a) Statement of purpose. A description of the project
shall be submitted along with the project's anticipated
overall effect on meeting port district objectives.
(b) Project impact. The anticipated net effects of the
project shall be enumerated. These impacts may include the
economic impact to the State, employment impact,
intermodal freight impacts, and environmental impacts.
(c) Cost estimates and preliminary project layout. The
overall project development cost estimate and general site
and or facility drawings.
(d) Proposed loan amount. A statement as to the amount
proposed from the Program and the port district's
intentions as to the source of other financing for the
project.
(e) Business Pro Forma Proforma. A detailed business
pro forma proforma must be supplied which estimates
facility/project revenues as well as operating costs and
debt service.
(f) Loan collateral and guarantees. The port
district's intentions as to how it intends to
collateralize the loan amount, including third party
guarantees, pledging of project and facility revenue, or

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pledging general revenues of the district.
(8) The Department shall annually invite Illinois port
districts to submit projects for consideration under the
Program. The Department shall perform a cost/benefit analysis
of each project to determine if a project meets minimum
requirements for eligibility. Those applications which meet
minimum criteria shall then be ranked by the overall net
positive impact on the State.
(a) Minimum criteria shall include:
(i) positive cost/benefit ratio;
(ii) demonstrated economic feasibility of the
project; and
(iii) the ability of the port district to repay
the loan.
(b) Ranking criteria may include:
(i) a cost/benefit ratio of project in relation to
other projects;
(ii) product tonnage to be handled;
(iii) product value to be handled;
(iv) soundness of business proposition;
(v) positive intermodal impacts of Illinois
transportation system;
(vi) meets overall State transportation
objectives;
(vii) economic impact to the State; or
(viii) environmental benefits of the project.

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Projects shall be selected according to their ranking up
to the limit of available funds. Selected projects shall be
invited to submit detailed plans, specifications, operating
agreements, environmental clearances, evidence of property
title, and other documentation as necessitated by the project.
When the Department determines all necessary requirements are
met and the remainder of the project financing is available, a
loan agreement shall be executed and project development may
commence.
(9) On July 1, 2026 or as soon thereafter as practical, the
State Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Port Development
Revolving Loan Fund into the Build Illinois Bond Retirement
and Interest Fund. Upon completion of the transfer, the Port
Development Revolving Loan Fund is dissolved, and any future
deposits due to that Fund and any outstanding obligations or
liabilities of that Fund pass to the Build Illinois Bond
Retirement and Interest Fund.
(10) This Section is repealed on January 1, 2027.
(Source: P.A. 94-793, eff. 5-19-06.)
(35 ILCS 717/Act rep.)
Section 5-80. The Reciprocal Tax Collection Act is
repealed.
Section 5-85. The Governmental Account Audit Act is

10400HB0862sam001 - 38 - LRB104 04759 JDS 38476 a
amended by changing Section 4.5 as follows:
(50 ILCS 310/4.5)
Sec. 4.5. Comptroller's Audit Expense Revolving Fund.
There is created the Comptroller's Audit Expense Revolving
Fund as a special fund to be held by the State Treasurer, ex
officio, as custodian, but separate and apart from the funds
in the State treasury. The following moneys shall be deposited
into that Fund:
(1) All moneys received by the Comptroller for
reimbursement of the Comptroller's cost of performing
audits and preparing or completing reports under Section 4
of this Act, Section 6-31004 of the Counties Code, or
Section 8-8-4 of the Illinois Municipal Code.
(2) All moneys appropriated to that Fund by the
General Assembly.
Expenditures from the Fund shall be made on vouchers
signed by the Comptroller, for the sole purpose of paying the
Comptroller's cost of performing audits and preparing or
completing reports under Section 4 of this Act, Section
6-31004 of the Counties Code, or Section 8-8-4 of the Illinois
Municipal Code.
The State Treasurer shall invest moneys in the Fund in the
same manner and subject to the same restrictions as moneys in
the State treasury.
On July 1, 2026 or as soon thereafter as practical, the

10400HB0862sam001 - 39 - LRB104 04759 JDS 38476 a
State Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Comptroller's Audit
Expense Revolving Fund into the Comptroller's Administrative
Fund. Upon completion of the transfer, the Comptroller's Audit
Expense Revolving Fund is dissolved, and any future deposits
due to that Fund and any outstanding obligations or
liabilities of that Fund shall pass to the Comptroller's
Administrative Fund.
This Section is repealed on January 1, 2027.
(Source: P.A. 88-280.)
Section 5-90. The Counties Code is amended by changing
Section 6-31008 as follows:
(55 ILCS 5/6-31008) (from Ch. 34, par. 6-31008)
Sec. 6-31008. Expenses of audit. The expenses of
conducting the audit and making the required audit report or
financial statement for each county, whether ordered by the
county board or the Comptroller, shall be paid by the county
and the county board shall make provisions for such payment.
If the audit is made by an auditor or auditors retained by the
Comptroller, the county, through the county board, shall pay
to the Comptroller reasonable compensation and expenses to
reimburse him for the cost of making such audit. Moneys paid to
the Comptroller pursuant to the preceding sentence shall be
deposited into the Comptroller's Administrative Audit Expense

10400HB0862sam001 - 40 - LRB104 04759 JDS 38476 a
Revolving Fund.
Such expenses shall be paid from the general corporate
fund of the county.
Contracts for the performance of audits required by this
Division may be entered into without competitive bidding.
(Source: P.A. 101-419, eff. 1-1-20.)
Section 5-95. The Illinois Municipal Code is amended by
changing Sections 8-8-3.5 and 8-8-4 as follows:
(65 ILCS 5/8-8-3.5)
Sec. 8-8-3.5. Tax Increment Financing Report. The reports
filed under subsection (d) of Section 11-74.4-5 of the Tax
Increment Allocation Redevelopment Act and the reports filed
under subsection (d) of Section 11-74.6-22 of the Industrial
Jobs Recovery Law in the Illinois Municipal Code must be
separate from any other annual report filed with the
Comptroller. The Comptroller must, in cooperation with
reporting municipalities, create a format for the reporting of
information described in paragraphs (1.5), (5), and (8) and in
subparagraph (G) of paragraph (7) of subsection (d) of Section
11-74.4-5 of the Tax Increment Allocation Redevelopment Act
and the information described in paragraphs (1.5), (5), and
(8) and in subparagraph (G) of paragraph (7) of subsection (d)
of Section 11-74.6-22 of the Industrial Jobs Recovery Law that
facilitates consistent reporting among the reporting

10400HB0862sam001 - 41 - LRB104 04759 JDS 38476 a
municipalities. The Comptroller may allow these reports to be
filed electronically and may display the report, or portions
of the report, electronically via the Internet. All reports
filed under this Section must be made available for
examination and copying by the public at all reasonable times.
A Tax Increment Financing Report must be filed electronically
with the Comptroller within 180 days after the close of the
municipal fiscal year or as soon thereafter as the audit for
the redevelopment project area for that fiscal year becomes
available. If the Tax Increment Finance administrator provides
the Comptroller's office with sufficient evidence that the
report is in the process of being completed by an auditor, the
Comptroller may grant an extension. If the required report is
not filed within the time extended by the Comptroller, the
Comptroller shall notify the corporate authorities of that
municipality that the audit report is past due. The
Comptroller may charge a municipality a fee of $5 per day for
the first 15 days past due, $10 per day for 16 through 30 days
past due, $15 per day for 31 through 45 days past due, and $20
per day for the 46th day and every day thereafter. These
amounts may be reduced at the Comptroller's discretion. In the
event the required audit report is not filed within 60 days of
such notice, the Comptroller shall cause such audit to be made
by an auditor or auditors. The Comptroller may decline to
order an audit and the preparation of an audit report if an
initial examination of the books and records of the

10400HB0862sam001 - 42 - LRB104 04759 JDS 38476 a
municipality indicates that books and records of the
municipality are inadequate or unavailable to support the
preparation of the audit report or the supplemental report due
to the passage of time or the occurrence of a natural disaster.
All fees collected pursuant to this Section shall be deposited
into the Comptroller's Administrative Fund. In the event the
Comptroller causes an audit to be made in accordance with the
requirements of this Section, the municipality shall pay to
the Comptroller reasonable compensation and expenses to
reimburse her for the cost of preparing or completing such
report. Moneys paid to the Comptroller pursuant to the
preceding sentence shall be deposited into the Comptroller's
Administrative Audit Expense Revolving Fund.
(Source: P.A. 101-419, eff. 1-1-20; 102-127, eff. 7-23-21.)
(65 ILCS 5/8-8-4) (from Ch. 24, par. 8-8-4)
Sec. 8-8-4. Overdue reports.
(a) In the event the required audit report for a
municipality is not filed with the Comptroller in accordance
with Section 8-8-7 within 180 days after the close of the
fiscal year of the municipality, the Comptroller shall notify
the corporate authorities of that municipality in writing that
the audit report is due, and may also grant an extension of
time of 60 days, for the filing of the audit report. In the
event the required audit report is not filed within the time
specified in such written notice, the Comptroller shall cause

10400HB0862sam001 - 43 - LRB104 04759 JDS 38476 a
such audit to be made by an auditor or auditors. In the event
the required annual or supplemental report for a municipality
is not filed within 6 months after the close of the fiscal year
of the municipality, the Comptroller shall notify the
corporate authorities of that municipality in writing that the
annual or supplemental report is due and may grant an
extension in time of 60 days for the filing of such annual or
supplemental report.
(b) In the event the annual or supplemental report is not
filed within the time extended by the Comptroller, the
Comptroller shall cause such annual or supplemental report to
be prepared or completed, and the municipality shall pay to
the Comptroller reasonable compensation and expenses to
reimburse him for the cost of preparing or completing such
annual or supplemental report. Moneys paid to the Comptroller
pursuant to the preceding sentence shall be deposited into the
Comptroller's Administrative Audit Expense Revolving Fund.
(c) The Comptroller may decline to order an audit or the
completion of the supplemental report if an initial
examination of the books and records of the municipality
indicates that books and records of the municipality are
inadequate or unavailable to support the preparation of the
audit report or the supplemental report due to the passage of
time or the occurrence of a natural disaster.
(d) The State Comptroller may grant extensions for
delinquent audits or reports. The Comptroller may charge a

10400HB0862sam001 - 44 - LRB104 04759 JDS 38476 a
municipality a fee for a delinquent audit or report of $5 per
day for the first 15 days past due, $10 per day for 16 through
30 days past due, $15 per day for 31 through 45 days past due,
and $20 per day for the 46th day and every day thereafter.
These amounts may be reduced at the Comptroller's discretion.
All fees collected under this subsection (d) shall be
deposited into the Comptroller's Administrative Fund.
(Source: P.A. 101-419, eff. 1-1-20.)
(65 ILCS 115/10-15 rep.)
Section 5-100. The River Edge Redevelopment Zone Act is
amended by repealing Section 10-15.
Section 5-105. The School Code is amended by changing
Sections 2-3.127a, 3-12, 3-15.12, 21B-40, and 22-110 as
follows:
(105 ILCS 5/2-3.127a)
Sec. 2-3.127a. The State Board of Education Special
Purpose Trust Fund. The State Board of Education Special
Purpose Trust Fund is created as a special fund in the State
treasury. The State Board of Education shall deposit all
indirect costs recovered from federal programs into the State
Board of Education Special Purpose Trust Fund. These funds may
be used by the State Board of Education for its ordinary and
contingent expenses. Additionally and unless specifically

10400HB0862sam001 - 45 - LRB104 04759 JDS 38476 a
directed to be deposited into other funds, all moneys received
by the State Board of Education from gifts, grants, royalty
payments, or donations from any source, public or private,
shall be deposited into the State Board of Education Special
Purpose Trust Fund. These funds shall be used, subject to
appropriation by the General Assembly, by the State Board of
Education for the purposes established by the gifts, grants,
royalty payments, or donations. Any royalty payments received
by the State Board of Education as a result of licensing
agreements or any other agreements entered into by the State
Board of Education, regardless of the original fund source,
shall be deposited into the State Board of Education Special
Purpose Trust Fund and, subject to appropriation by the
General Assembly, shall be expended in a manner consistent
with law.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on July 1,
2026 or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the School STEAM Grant Program Fund
into the State Board of Education Special Purpose Trust Fund.
Upon completion of the transfer, the School STEAM Grant
Program Fund is dissolved, and any future deposits due to that
Fund and any outstanding obligations or liabilities of that
Fund pass to the State Board of Education Special Purpose
Trust Fund.

10400HB0862sam001 - 46 - LRB104 04759 JDS 38476 a
(Source: P.A. 102-792, eff. 5-13-22.)
(105 ILCS 5/3-12) (from Ch. 122, par. 3-12)
Sec. 3-12. ISBE Teacher Certificate Institute Fund
Institute fund.
(a) All license registration fees and a portion of renewal
and duplicate fees shall be kept by the regional
superintendent as described in Section 21-16 or 21B-40 of this
Code, together with a record of the names of the persons paying
them. Such fees shall be deposited into the ISBE Teacher
Certificate Institute Fund institute fund and shall be used by
the regional superintendent to defray expenses associated with
the work of the regional professional development review
committees established pursuant to paragraph (2) of subsection
(g) of Section 21-14 of this Code to advise the regional
superintendent, upon his or her request, and to hear appeals
relating to the renewal of teaching licenses, in accordance
with Section 21-14 of this Code; to defray expenses connected
with improving the technology necessary for the efficient
processing of licenses; to defray all costs associated with
the administration of teaching licenses; to defray expenses
incidental to teachers' institutes, workshops or meetings of a
professional nature that are designed to promote the
professional growth of teachers or for the purpose of
defraying the expense of any general or special meeting of
teachers or school personnel of the region, which has been

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approved by the regional superintendent.
(b) In addition to the use of moneys in the ISBE Teacher
Certificate Institute Fund institute fund to defray expenses
under subsection (a) of this Section, the State Superintendent
of Education, as authorized under Section 2-3.105 of this
Code, shall use moneys in the ISBE Teacher Certificate
Institute Fund institute fund to defray all costs associated
with the administration of teaching licenses within a city
having a population exceeding 500,000. Moneys in the ISBE
Teacher Certificate Institute Fund institute fund may also be
used by the State Superintendent of Education to support
educator recruitment and retention programs within a city
having a population exceeding 500,000, to support educator
preparation programs within a city having a population
exceeding 500,000 as those programs seek national
accreditation, and to provide professional development aligned
with the requirements set forth in Section 21B-45 of this Code
within a city having a population exceeding 500,000. A
majority of the moneys in the ISBE Teacher Certificate
Institute Fund institute fund must be dedicated to the timely
and efficient processing of applications and for the renewal
of licenses.
(c) The regional superintendent shall on or before January
1 of each year post on the regional office of education's
website (1) the balance on hand in the ISBE Teacher
Certificate Institute Fund institute fund at the beginning of

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the previous year; (2) all receipts within the previous year
deposited into in the fund, with the sources from which they
were derived; (3) the amount distributed from the fund and the
purposes for which such distributions were made; and (4) the
balance on hand in the fund.
(Source: P.A. 103-110, eff. 6-29-23.)
(105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
Sec. 3-15.12. High school equivalency. The regional
superintendent of schools and the Illinois Community College
Board shall make available for qualified individuals residing
within the region a High School Equivalency Testing Program
and alternative methods of credentialing, as identified under
this Section. For that purpose the regional superintendent
alone or with other regional superintendents may establish and
supervise a testing center or centers to administer the secure
forms for high school equivalency testing to qualified
persons. Such centers shall be under the supervision of the
regional superintendent in whose region such centers are
located, subject to the approval of the Executive Director of
the Illinois Community College Board. The Illinois Community
College Board shall also establish criteria and make available
alternative methods of credentialing throughout the State.
An individual is eligible to apply to the regional
superintendent of schools for the region in which he or she
resides if he or she is: (a) a person who is 17 years of age or

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older, has maintained residence in the State of Illinois, and
is not a high school graduate; (b) a person who is successfully
completing an alternative education program under Section
2-3.81, Article 13A, or Article 13B; or (c) a person who is
enrolled in a youth education program sponsored by the
Illinois National Guard. For purposes of this Section,
residence is that abode which the applicant considers his or
her home. Applicants may provide as sufficient proof of such
residence and as an acceptable form of identification a
driver's license, valid passport, military ID, or other form
of government-issued national or foreign identification that
shows the applicant's name, address, date of birth, signature,
and photograph or other acceptable identification as may be
allowed by law or as regulated by the Illinois Community
College Board. Such regional superintendent shall determine if
the applicant meets statutory and regulatory state standards.
If qualified, the applicant shall at the time of such
application pay a fee established by the Illinois Community
College Board, which fee shall be paid into a special fund
under the control and supervision of the regional
superintendent to be used for administration of high school
equivalency testing. Such moneys received by the regional
superintendent shall be used, first, for the expenses incurred
in administering and scoring the examination, and next for
other educational programs that are developed and designed by
the regional superintendent of schools to assist those who

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successfully complete high school equivalency testing or meet
the criteria for alternative methods of credentialing in
furthering their academic development or their ability to
secure and retain gainful employment, including programs for
the competitive award based on test scores of college or adult
education scholarship grants or similar educational
incentives. Any excess moneys shall be paid into the ISBE
Teacher Certificate Institute Fund institute fund.
Any applicant who has achieved the minimum passing
standards as established by the Illinois Community College
Board shall be notified in writing by the regional
superintendent and shall be issued a State of Illinois High
School Diploma on the forms provided by the Illinois Community
College Board. The regional superintendent shall then certify
to the Illinois Community College Board the score of the
applicant and such other and additional information that may
be required by the Illinois Community College Board. The
moneys received therefrom shall be used in the same manner as
provided for in this Section.
The Illinois Community College Board shall establish
alternative methods of credentialing for the issuance of a
State of Illinois High School Diploma. In addition to high
school equivalency testing, the following alternative methods
of receiving a State of Illinois High School Diploma shall be
made available to qualified individuals on or after January 1,
2018:

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(A) High School Equivalency based on High School
Credit. A qualified candidate may petition to have his or
her high school transcripts evaluated to determine what
the candidate needs to meet criteria as established by the
Illinois Community College Board.
(B) High School Equivalency based on Post-Secondary
Credit. A qualified candidate may petition to have his or
her post-secondary transcripts evaluated to determine what
the candidate needs to meet criteria established by the
Illinois Community College Board.
(C) High School Equivalency based on a Foreign
Diploma. A qualified candidate may petition to have his or
her foreign high school or post-secondary transcripts
evaluated to determine what the candidate needs to meet
criteria established by the Illinois Community College
Board.
(D) High School Equivalency based on Completion of a
Competency-Based Program as approved by the Illinois
Community College Board. The Illinois Community College
Board shall establish guidelines for competency-based high
school equivalency programs.
Any applicant who has attained the age of 17 years and
maintained residence in the State of Illinois and is not a high
school graduate, any person who has enrolled in a youth
education program sponsored by the Illinois National Guard, or
any person who has successfully completed an alternative

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education program under Section 2-3.81, Article 13A, or
Article 13B is eligible to apply for a State of Illinois High
School Diploma (if he or she meets the requirements prescribed
by the Illinois Community College Board) upon showing evidence
that he or she has completed, successfully, high school
equivalency testing, administered by the United States Armed
Forces Institute, official high school equivalency testing
centers established in other states, Veterans' Administration
Hospitals, or the office of the State Superintendent of
Education for the Illinois State Penitentiary System and the
Department of Corrections. Such applicant shall apply to the
regional superintendent of the region wherein he or she has
maintained residence, and, upon payment of a fee established
by the Illinois Community College Board, the regional
superintendent shall issue a State of Illinois High School
Diploma and immediately thereafter certify to the Illinois
Community College Board the score of the applicant and such
other and additional information as may be required by the
Illinois Community College Board.
Notwithstanding the provisions of this Section, any
applicant who has been out of school for at least one year may
request the regional superintendent of schools to administer
restricted high school equivalency testing upon written
request of: the director of a program who certifies to the
Chief Examiner of an official high school equivalency testing
center that the applicant has completed a program of

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instruction provided by such agencies as the Job Corps, the
Postal Service Academy, or an apprenticeship training program;
an employer or program director for purposes of entry into
apprenticeship programs; another state's department of
education in order to meet regulations established by that
department of education; or a post high school educational
institution for purposes of admission, the Department of
Financial and Professional Regulation for licensing purposes,
or the Armed Forces for induction purposes. The regional
superintendent shall administer such testing, and the
applicant shall be notified in writing that he or she is
eligible to receive a State of Illinois High School Diploma
upon reaching age 17, provided he or she meets the standards
established by the Illinois Community College Board.
Any test administered under this Section to an applicant
who does not speak and understand English may at the
discretion of the administering agency be given and answered
in any language in which the test is printed. The regional
superintendent of schools may waive any fees required by this
Section in case of hardship. The regional superintendent of
schools and the Illinois Community College Board shall waive
any fees required by this Section for an applicant who meets
all of the following criteria:
(1) The applicant qualifies as a homeless person,
child, or youth as defined in the Education for Homeless
Children Act.

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(2) The applicant has not attained 25 years of age as
of the date of the scheduled test.
(3) The applicant can verify his or her status as a
homeless person, child, or youth. A homeless services
provider that is qualified to verify an individual's
housing status, as determined by the Illinois Community
College Board, and that has knowledge of the applicant's
housing status may verify the applicant's status for
purposes of this subdivision (3).
(4) The applicant has completed a high school
equivalency preparation course through an Illinois
Community College Board-approved provider.
(5) The applicant is taking the test at a testing
center operated by a regional superintendent of schools or
the Cook County High School Equivalency Office.
In counties of over 3,000,000 population, a State of
Illinois High School Diploma shall contain the signatures of
the Executive Director of the Illinois Community College Board
and the superintendent, president, or other chief executive
officer of the institution where high school equivalency
testing instruction occurred and any other signatures
authorized by the Illinois Community College Board.
The regional superintendent of schools shall furnish the
Illinois Community College Board with any information that the
Illinois Community College Board requests with regard to
testing and diplomas under this Section.

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A State of Illinois High School Diploma is a recognized
high school equivalency certificate for purposes of
reciprocity with other states. A high school equivalency
certificate from another state is equivalent to a State of
Illinois High School Diploma.
(Source: P.A. 102-1100, eff. 1-1-23; 103-940, eff. 8-9-24.)
(105 ILCS 5/21B-40)
Sec. 21B-40. Fees.
(a) Beginning with the start of the new licensure system
established pursuant to this Article, the following fees shall
be charged to applicants:
(1) A $100 application fee for a Professional Educator
License or an Educator License with Stipulations.
(1.5) A $50 application fee for a Substitute Teaching
License. If the application for a Substitute Teaching
License is made and granted after July 1, 2017, the
licensee may apply for a refund of the application fee
within 18 months of issuance of the new license and shall
be issued that refund by the State Board of Education if
the licensee provides evidence to the State Board of
Education that the licensee has taught pursuant to the
Substitute Teaching License at least 10 full school days
within one year of issuance.
(1.7) A $25 application fee for a Short-Term
Substitute Teaching License. The Short-Term Substitute

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Teaching License must be registered in at least one region
in this State, but does not require a registration fee.
The licensee may apply for a refund of the application fee
within 18 months of issuance of the new license and shall
be issued that refund by the State Board of Education if
the licensee provides evidence to the State Board of
Education that the licensee has taught pursuant to the
Short-Term Substitute Teaching License at least 10 full
school days within one year of issuance. The application
fee for a Short-Term Substitute Teaching License shall be
waived when the Governor has declared a disaster due to a
public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act.
(2) A $150 application fee for individuals who have
not been entitled by an Illinois-approved educator
preparation program at an Illinois institution of higher
education and are seeking any of the licenses set forth in
subdivision (1) of this subsection (a).
(3) A $50 application fee for each endorsement or
approval.
(4) A $10 per year registration fee for the course of
the validity cycle to register the license, which shall be
paid to the regional office of education having
supervision and control over the school in which the
individual holding the license is to be employed. If the
individual holding the license is not yet employed, then

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the license may be registered in any county in this State.
The registration fee must be paid in its entirety the
first time the individual registers the license for a
particular validity period in a single region. No
additional fee may be charged for that validity period
should the individual subsequently register the license in
additional regions. An individual must register the
license (i) immediately after initial issuance of the
license and (ii) at the beginning of each renewal cycle if
the individual has satisfied the renewal requirements
required under this Code.
Beginning on July 1, 2017, at the beginning of each
renewal cycle, individuals who hold a Substitute Teaching
License may apply for a reimbursement of the registration
fee within 18 months of renewal and shall be issued that
reimbursement by the State Board of Education from funds
appropriated for that purpose if the licensee provides
evidence to the State Board of Education that the licensee
has taught pursuant to the Substitute Teaching License at
least 10 full school days within one year of renewal.
(5) The license renewal fee for an Educator License
with Stipulations with a paraprofessional educator
endorsement is $25.
(b) All application fees paid pursuant to subdivisions (1)
through (3) of subsection (a) of this Section shall be
deposited into the Teacher Certificate Fee Revolving Fund and

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shall be used, subject to appropriation, by the State Board of
Education to provide the technology and human resources
necessary for the timely and efficient processing of
applications and for the renewal of licenses. Funds available
from the Teacher Certificate Fee Revolving Fund may also be
used by the State Board of Education to support the
recruitment and retention of educators, to support educator
preparation programs as they seek national accreditation, and
to provide professional development aligned with the
requirements set forth in Section 21B-45 of this Code. A
majority of the funds in the Teacher Certificate Fee Revolving
Fund must be dedicated to the timely and efficient processing
of applications and for the renewal of licenses. The Teacher
Certificate Fee Revolving Fund is not subject to
administrative charge transfers, authorized under Section 8h
of the State Finance Act, from the Teacher Certificate Fee
Revolving Fund into any other fund of this State, and moneys in
the Teacher Certificate Fee Revolving Fund shall not revert
back to the General Revenue Fund at any time.
The regional superintendent of schools shall deposit the
registration fees paid pursuant to subdivision (4) of
subsection (a) of this Section into the ISBE Teacher
Certificate Institute Fund institute fund established pursuant
to Section 3-12 3-11 of this Code.
(c) The State Board of Education and each regional office
of education are authorized to charge a service or convenience

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fee for the use of credit cards for the payment of license
fees. This service or convenience fee shall not exceed the
amount required by the credit card processing company or
vendor that has entered into a contract with the State Board or
regional office of education for this purpose, and the fee
must be paid to that company or vendor.
(d) If, at the time a certificate issued under Article 21
of this Code is exchanged for a license issued under this
Article, a person has paid registration fees for any years of
the validity period of the certificate and these years have
not expired when the certificate is exchanged, then those fees
must be applied to the registration of the new license.
(Source: P.A. 101-81, eff. 7-12-19; 101-570, eff. 8-23-19;
102-867, eff. 5-13-22.)
(105 ILCS 5/22-110) (was 105 ILCS 5/27-23.7)
(Text of Section before amendment by P.A. 104-338)
Sec. 22-110. Bullying prevention.
(a) The General Assembly finds that a safe and civil
school environment is necessary for students to learn and
achieve and that bullying causes physical, psychological, and
emotional harm to students and interferes with students'
ability to learn and participate in school activities. The
General Assembly further finds that bullying has been linked
to other forms of antisocial behavior, such as vandalism,
shoplifting, skipping and dropping out of school, fighting,

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using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with
bullying in schools, the General Assembly finds that school
districts, charter schools, and non-public, non-sectarian
elementary and secondary schools should educate students,
parents, and school district, charter school, or non-public,
non-sectarian elementary or secondary school personnel about
what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color,
religion, sex, national origin, ancestry, physical appearance,
socioeconomic status, academic status, pregnancy, parenting
status, homelessness, age, marital status, physical or mental
disability, military status, sexual orientation,
gender-related identity or expression, unfavorable discharge
from military service, association with a person or group with
one or more of the aforementioned actual or perceived
characteristics, or any other distinguishing characteristic is
prohibited in all school districts, charter schools, and
non-public, non-sectarian elementary and secondary schools. No
student shall be subjected to bullying:
(1) during any school-sponsored education program or
activity;
(2) while in school, on school property, on school
buses or other school vehicles, at designated school bus
stops waiting for the school bus, or at school-sponsored
or school-sanctioned events or activities;

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(3) through the transmission of information from a
school computer, a school computer network, or other
similar electronic school equipment; or
(4) through the transmission of information from a
computer that is accessed at a nonschool-related location,
activity, function, or program or from the use of
technology or an electronic device that is not owned,
leased, or used by a school district or school if the
bullying causes a substantial disruption to the
educational process or orderly operation of a school. This
item (4) applies only in cases in which a school
administrator or teacher receives a report that bullying
through this means has occurred and does not require a
district or school to staff or monitor any
nonschool-related activity, function, or program.
(a-5) Nothing in this Section is intended to infringe upon
any right to exercise free expression or the free exercise of
religion or religiously based views protected under the First
Amendment to the United States Constitution or under Section 3
of Article I of the Illinois Constitution.
(b) In this Section:
"Bullying" includes "cyber-bullying" and means any severe
or pervasive physical or verbal act or conduct, including
communications made in writing or electronically, directed
toward a student or students that has or can be reasonably
predicted to have the effect of one or more of the following:

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(1) placing the student or students in reasonable fear
of harm to the student's or students' person or property;
(2) causing a substantially detrimental effect on the
student's or students' physical or mental health;
(3) substantially interfering with the student's or
students' academic performance; or
(4) substantially interfering with the student's or
students' ability to participate in or benefit from the
services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take
various forms, including, without limitation, one or more of
the following: harassment, threats, intimidation, stalking,
physical violence, sexual harassment, sexual violence, theft,
public humiliation, destruction of property, or retaliation
for asserting or alleging an act of bullying. This list is
meant to be illustrative and non-exhaustive.
"Cyber-bullying" means bullying through the use of
technology or any electronic communication, including, without
limitation, any transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic system,
photoelectronic system, or photooptical system, including,
without limitation, electronic mail, Internet communications,
instant messages, or facsimile communications.
"Cyber-bullying" includes the creation of a webpage or weblog
in which the creator assumes the identity of another person or

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the knowing impersonation of another person as the author of
posted content or messages if the creation or impersonation
creates any of the effects enumerated in the definition of
bullying in this Section. "Cyber-bullying" also includes the
distribution by electronic means of a communication to more
than one person or the posting of material on an electronic
medium that may be accessed by one or more persons if the
distribution or posting creates any of the effects enumerated
in the definition of bullying in this Section.
"Policy on bullying" means a bullying prevention policy
that meets the following criteria:
(1) Includes the bullying definition provided in this
Section.
(2) Includes a statement that bullying is contrary to
State law and the policy of the school district, charter
school, or non-public, non-sectarian elementary or
secondary school and is consistent with subsection (a-5)
of this Section.
(3) Includes procedures for promptly reporting
bullying, including, but not limited to, identifying and
providing the school e-mail address (if applicable) and
school telephone number for the staff person or persons
responsible for receiving such reports and a procedure for
anonymous reporting; however, this shall not be construed
to permit formal disciplinary action solely on the basis
of an anonymous report.

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(4) Consistent with federal and State laws and rules
governing student privacy rights, includes procedures for
informing parents or guardians of all students involved in
the alleged incident of bullying within 24 hours after the
school's administration is made aware of the students'
involvement in the incident and discussing, as
appropriate, the availability of social work services,
counseling, school psychological services, other
interventions, and restorative measures. The school shall
make diligent efforts to notify a parent or legal
guardian, utilizing all contact information the school has
available or that can be reasonably obtained by the school
within the 24-hour period.
(5) Contains procedures for promptly investigating and
addressing reports of bullying, including the following:
(A) Making all reasonable efforts to complete the
investigation within 10 school days after the date the
report of the incident of bullying was received and
taking into consideration additional relevant
information received during the course of the
investigation about the reported incident of bullying.
(B) Involving appropriate school support personnel
and other staff persons with knowledge, experience,
and training on bullying prevention, as deemed
appropriate, in the investigation process.
(C) Notifying the principal or school

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administrator or his or her designee of the report of
the incident of bullying as soon as possible after the
report is received.
(D) Consistent with federal and State laws and
rules governing student privacy rights, providing
parents and guardians of the students who are parties
to the investigation information about the
investigation and an opportunity to meet with the
principal or school administrator or his or her
designee to discuss the investigation, the findings of
the investigation, and the actions taken to address
the reported incident of bullying.
(6) Includes the interventions that can be taken to
address bullying, which may include, but are not limited
to, school social work services, restorative measures,
social-emotional skill building, counseling, school
psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or
retaliation against any person who reports an act of
bullying and the consequences and appropriate remedial
actions for a person who engages in reprisal or
retaliation.
(8) Includes consequences and appropriate remedial
actions for a person found to have falsely accused another
of bullying as a means of retaliation or as a means of
bullying.

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(9) Is based on the engagement of a range of school
stakeholders, including students and parents or guardians.
(10) Is posted on the school district's, charter
school's, or non-public, non-sectarian elementary or
secondary school's existing, publicly accessible Internet
website, is included in the student handbook, and, where
applicable, posted where other policies, rules, and
standards of conduct are currently posted in the school
and provided periodically throughout the school year to
students and faculty, and is distributed annually to
parents, guardians, students, and school personnel,
including new employees when hired.
(11) As part of the process of reviewing and
re-evaluating the policy under subsection (d) of this
Section, contains a policy evaluation process to assess
the outcomes and effectiveness of the policy that
includes, but is not limited to, factors such as the
frequency of victimization; student, staff, and family
observations of safety at a school; identification of
areas of a school where bullying occurs; the types of
bullying utilized; and bystander intervention or
participation. The school district, charter school, or
non-public, non-sectarian elementary or secondary school
may use relevant data and information it already collects
for other purposes in the policy evaluation. The
information developed as a result of the policy evaluation

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must be made available on the Internet website of the
school district, charter school, or non-public,
non-sectarian elementary or secondary school. If a an
Internet website is not available, the information must be
provided to school administrators, school board members,
school personnel, parents, guardians, and students.
(12) Is consistent with the policies of the school
board, charter school, or non-public, non-sectarian
elementary or secondary school.
(13) Requires all individual instances of bullying, as
well as all threats, suggestions, or instances of
self-harm determined to be the result of bullying, to be
reported to the parents or legal guardians of those
involved under the guidelines provided in paragraph (4) of
this definition.
"Restorative measures" means a continuum of school-based
alternatives to exclusionary discipline, such as suspensions
and expulsions, that: (i) are adapted to the particular needs
of the school and community, (ii) contribute to maintaining
school safety, (iii) protect the integrity of a positive and
productive learning climate, (iv) teach students the personal
and interpersonal skills they will need to be successful in
school and society, (v) serve to build and restore
relationships among students, families, schools, and
communities, (vi) reduce the likelihood of future disruption
by balancing accountability with an understanding of students'

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behavioral health needs in order to keep students in school,
and (vii) increase student accountability if the incident of
bullying is based on religion, race, ethnicity, or any other
category that is identified in the Illinois Human Rights Act.
"School personnel" means persons employed by, on contract
with, or who volunteer in a school district, charter school,
or non-public, non-sectarian elementary or secondary school,
including, without limitation, school and school district
administrators, teachers, school social workers, school
counselors, school psychologists, school nurses, cafeteria
workers, custodians, bus drivers, school resource officers,
and security guards.
(c) (Blank).
(d) Each school district, charter school, and non-public,
non-sectarian elementary or secondary school shall create,
maintain, and implement a policy on bullying, which policy
must be filed with the State Board of Education. The policy on
bullying shall be based on the State Board of Education's
template for a model bullying prevention policy under
subsection (h) and shall include the criteria set forth in the
definition of "policy on bullying". The policy or implementing
procedure shall include a process to investigate whether a
reported act of bullying is within the permissible scope of
the district's or school's jurisdiction and shall require that
the district or school provide the victim with information
regarding services that are available within the district and

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community, such as counseling, support services, and other
programs. School personnel available for help with a bully or
to make a report about bullying shall be made known to parents
or legal guardians, students, and school personnel. Every 2
years, each school district, charter school, and non-public,
non-sectarian elementary or secondary school shall conduct a
review and re-evaluation of its policy and make any necessary
and appropriate revisions. No later than September 30 of the
subject year, the policy must be filed with the State Board of
Education after being updated. The State Board of Education
shall monitor and provide technical support for the
implementation of policies created under this subsection (d).
In monitoring the implementation of the policies, the State
Board of Education shall review each filed policy on bullying
to ensure all policies meet the requirements set forth in this
Section, including ensuring that each policy meets the 12
criteria criterion identified within the definition of "policy
on bullying" set forth in this Section.
If a school district, charter school, or non-public,
non-sectarian elementary or secondary school fails to file a
policy on bullying by September 30 of the subject year, the
State Board of Education shall provide a written request for
filing to the school district, charter school, or non-public,
non-sectarian elementary or secondary school. If a school
district, charter school, or non-public, non-sectarian
elementary or secondary school fails to file a policy on

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bullying within 14 days of receipt of the aforementioned
written request, the State Board of Education shall publish
notice of the non-compliance on the State Board of Education's
website.
Each school district, charter school, and non-public,
non-sectarian elementary or secondary school may provide
evidence-based professional development and youth programming
on bullying prevention that is consistent with the provisions
of this Section.
(e) This Section shall not be interpreted to prevent a
victim from seeking redress under any other available civil or
criminal law.
(f) School districts, charter schools, and non-public,
non-sectarian elementary and secondary schools shall collect,
maintain, and submit to the State Board of Education
non-identifiable data regarding verified allegations of
bullying within the school district, charter school, or
non-public, non-sectarian elementary or secondary school.
School districts, charter schools, and non-public,
non-sectarian elementary and secondary schools must submit
such data in an annual report due to the State Board of
Education no later than August 15 of each year starting with
the 2024-2025 school year through the 2030-2031 school year.
The State Board of Education shall adopt rules for the
submission of data that includes, but is not limited to: (i) a
record of each verified allegation of bullying and action

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taken; and (ii) whether the instance of bullying was based on
actual or perceived characteristics identified in subsection
(a) and, if so, lists the relevant characteristics. The rules
for the submission of data shall be consistent with federal
and State laws and rules governing student privacy rights,
including, but not limited to, the federal Family Educational
Rights and Privacy Act of 1974 and the Illinois School Student
Records Act, which shall include, without limitation, a record
of each complaint and action taken. The State Board of
Education shall adopt rules regarding the notification of
school districts, charter schools, and non-public,
non-sectarian elementary and secondary schools that fail to
comply with the requirements of this subsection.
(g) Upon the request of a parent or legal guardian of a
child enrolled in a school district, charter school, or
non-public, non-sectarian elementary or secondary school
within this State, the State Board of Education must provide
non-identifiable data on the number of bullying allegations
and incidents in a given year in the school district, charter
school, or non-public, non-sectarian elementary or secondary
school to the requesting parent or legal guardian. The State
Board of Education shall adopt rules regarding (i) the
handling of such data, (ii) maintaining the privacy of the
students and families involved, and (iii) best practices for
sharing numerical data with parents and legal guardians.
(h) By January 1, 2024, the State Board of Education shall

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post on its Internet website a template for a model bullying
prevention policy.
(i) The Illinois Bullying and Cyberbullying Prevention
Fund is created as a special fund in the State treasury. Any
moneys appropriated to the Fund may be used, subject to
appropriation, by the State Board of Education for the
purposes of subsection (j).
(j) Subject to appropriation, the State Superintendent of
Education may provide a grant to a school district, charter
school, or non-public, non-sectarian elementary or secondary
school to support its anti-bullying programming. Grants may be
awarded from the Illinois Bullying and Cyberbullying
Prevention Fund. School districts, charter schools, and
non-public, non-sectarian elementary or secondary schools that
are not in compliance with subsection (f) are not eligible to
receive a grant from the Illinois Bullying and Cyberbullying
Prevention Fund.
(Source: P.A. 103-47, eff. 6-9-23; 104-391, eff. 8-15-25;
revised 9-24-25.)
(Text of Section after amendment by P.A. 104-338)
Sec. 22-110. Bullying prevention.
(a) The General Assembly finds that a safe and civil
school environment is necessary for students to learn and
achieve and that bullying causes physical, psychological, and
emotional harm to students and interferes with students'

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ability to learn and participate in school activities. The
General Assembly further finds that bullying has been linked
to other forms of antisocial behavior, such as vandalism,
shoplifting, skipping and dropping out of school, fighting,
using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with
bullying in schools, the General Assembly finds that school
districts, charter schools, and non-public, non-sectarian
elementary and secondary schools should educate students,
parents, and school district, charter school, or non-public,
non-sectarian elementary or secondary school personnel about
what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color,
religion, sex, national origin, ancestry, physical appearance,
socioeconomic status, academic status, pregnancy, parenting
status, homelessness, age, marital status, physical or mental
disability, military status, sexual orientation,
gender-related identity or expression, unfavorable discharge
from military service, association with a person or group with
one or more of the aforementioned actual or perceived
characteristics, or any other distinguishing characteristic is
prohibited in all school districts, charter schools, and
non-public, non-sectarian elementary and secondary schools. No
student shall be subjected to bullying:
(1) during any school-sponsored education program or
activity;

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(2) while in school, on school property, on school
buses or other school vehicles, at designated school bus
stops waiting for the school bus, or at school-sponsored
or school-sanctioned events or activities;
(3) through the transmission of information from a
school computer, a school computer network, or other
similar electronic school equipment; or
(4) through the transmission of information from a
computer that is accessed at a nonschool-related location,
activity, function, or program or from the use of
technology or an electronic device that is not owned,
leased, or used by a school district or school if the
bullying causes a substantial disruption to the
educational process or orderly operation of a school. This
item (4) applies only in cases in which a school
administrator or teacher receives a report that bullying
through this means has occurred and does not require a
district or school to staff or monitor any
nonschool-related activity, function, or program.
(a-5) Nothing in this Section is intended to infringe upon
any right to exercise free expression or the free exercise of
religion or religiously based views protected under the First
Amendment to the United States Constitution or under Section 3
of Article I of the Illinois Constitution.
(b) In this Section:
"Artificial intelligence" has the meaning given to that

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term in the Digital Voice and Likeness Protection Act.
"Bullying" includes "cyber-bullying" and means any severe
or pervasive physical or verbal act or conduct, including
communications made in writing or electronically, directed
toward a student or students that has or can be reasonably
predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable fear
of harm to the student's or students' person or property;
(2) causing a substantially detrimental effect on the
student's or students' physical or mental health;
(3) substantially interfering with the student's or
students' academic performance; or
(4) substantially interfering with the student's or
students' ability to participate in or benefit from the
services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take
various forms, including, without limitation, one or more of
the following: harassment, threats, intimidation, stalking,
physical violence, sexual harassment, sexual violence, posting
or distributing sexually explicit images, theft, public
humiliation, destruction of property, or retaliation for
asserting or alleging an act of bullying. This list is meant to
be illustrative and non-exhaustive.
"Cyber-bullying" means bullying through the use of
technology or any electronic communication, including, without
limitation, any transfer of signs, signals, writing, images,

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sounds, data, or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic system,
photoelectronic system, or photooptical system, including,
without limitation, electronic mail, Internet communications,
instant messages, or facsimile communications.
"Cyber-bullying" includes the creation of a webpage or weblog
in which the creator assumes the identity of another person or
the knowing impersonation of another person as the author of
posted content or messages if the creation or impersonation
creates any of the effects enumerated in the definition of
bullying in this Section. "Cyber-bullying" also includes the
distribution by electronic means of a communication to more
than one person or the posting of material on an electronic
medium that may be accessed by one or more persons if the
distribution or posting creates any of the effects enumerated
in the definition of bullying in this Section. Beginning with
the 2026-2027 school year, "cyber-bullying" also includes the
posting or distribution of an unauthorized digital replica by
electronic means if the posting or distribution creates any of
the effects enumerated in the definition of "bullying" in this
Section.
"Digital replica" has the meaning given to that term in
the Digital Voice and Likeness Protection Act.
"Policy on bullying" means a bullying prevention policy
that meets the following criteria:
(1) Includes the bullying definition provided in this

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Section.
(2) Includes a statement that bullying is contrary to
State law and the policy of the school district, charter
school, or non-public, non-sectarian elementary or
secondary school and is consistent with subsection (a-5)
of this Section.
(3) Includes procedures for promptly reporting
bullying, including, but not limited to, identifying and
providing the school e-mail address (if applicable) and
school telephone number for the staff person or persons
responsible for receiving such reports and a procedure for
anonymous reporting; however, this shall not be construed
to permit formal disciplinary action solely on the basis
of an anonymous report.
(4) Consistent with federal and State laws and rules
governing student privacy rights, includes procedures for
informing parents or guardians of all students involved in
the alleged incident of bullying within 24 hours after the
school's administration is made aware of the students'
involvement in the incident and discussing, as
appropriate, the availability of social work services,
counseling, school psychological services, other
interventions, and restorative measures. The school shall
make diligent efforts to notify a parent or legal
guardian, utilizing all contact information the school has
available or that can be reasonably obtained by the school

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within the 24-hour period.
(5) Contains procedures for promptly investigating and
addressing reports of bullying, including the following:
(A) Making all reasonable efforts to complete the
investigation within 10 school days after the date the
report of the incident of bullying was received and
taking into consideration additional relevant
information received during the course of the
investigation about the reported incident of bullying.
(B) Involving appropriate school support personnel
and other staff persons with knowledge, experience,
and training on bullying prevention, as deemed
appropriate, in the investigation process.
(C) Notifying the principal or school
administrator or his or her designee of the report of
the incident of bullying as soon as possible after the
report is received.
(D) Consistent with federal and State laws and
rules governing student privacy rights, providing
parents and guardians of the students who are parties
to the investigation information about the
investigation and an opportunity to meet with the
principal or school administrator or his or her
designee to discuss the investigation, the findings of
the investigation, and the actions taken to address
the reported incident of bullying.

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(6) Includes the interventions that can be taken to
address bullying, which may include, but are not limited
to, school social work services, restorative measures,
social-emotional skill building, counseling, school
psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or
retaliation against any person who reports an act of
bullying and the consequences and appropriate remedial
actions for a person who engages in reprisal or
retaliation.
(8) Includes consequences and appropriate remedial
actions for a person found to have falsely accused another
of bullying as a means of retaliation or as a means of
bullying.
(9) Is based on the engagement of a range of school
stakeholders, including students and parents or guardians.
(10) Is posted on the school district's, charter
school's, or non-public, non-sectarian elementary or
secondary school's existing, publicly accessible Internet
website, is included in the student handbook, and, where
applicable, posted where other policies, rules, and
standards of conduct are currently posted in the school
and provided periodically throughout the school year to
students and faculty, and is distributed annually to
parents, guardians, students, and school personnel,
including new employees when hired.

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(11) As part of the process of reviewing and
re-evaluating the policy under subsection (d) of this
Section, contains a policy evaluation process to assess
the outcomes and effectiveness of the policy that
includes, but is not limited to, factors such as the
frequency of victimization; student, staff, and family
observations of safety at a school; identification of
areas of a school where bullying occurs; the types of
bullying utilized; and bystander intervention or
participation. The school district, charter school, or
non-public, non-sectarian elementary or secondary school
may use relevant data and information it already collects
for other purposes in the policy evaluation. The
information developed as a result of the policy evaluation
must be made available on the Internet website of the
school district, charter school, or non-public,
non-sectarian elementary or secondary school. If a an
Internet website is not available, the information must be
provided to school administrators, school board members,
school personnel, parents, guardians, and students.
(12) Is consistent with the policies of the school
board, charter school, or non-public, non-sectarian
elementary or secondary school.
(13) Requires all individual instances of bullying, as
well as all threats, suggestions, or instances of
self-harm determined to be the result of bullying, to be

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reported to the parents or legal guardians of those
involved under the guidelines provided in paragraph (4) of
this definition.
"Restorative measures" means a continuum of school-based
alternatives to exclusionary discipline, such as suspensions
and expulsions, that: (i) are adapted to the particular needs
of the school and community, (ii) contribute to maintaining
school safety, (iii) protect the integrity of a positive and
productive learning climate, (iv) teach students the personal
and interpersonal skills they will need to be successful in
school and society, (v) serve to build and restore
relationships among students, families, schools, and
communities, (vi) reduce the likelihood of future disruption
by balancing accountability with an understanding of students'
behavioral health needs in order to keep students in school,
and (vii) increase student accountability if the incident of
bullying is based on religion, race, ethnicity, or any other
category that is identified in the Illinois Human Rights Act.
"School personnel" means persons employed by, on contract
with, or who volunteer in a school district, charter school,
or non-public, non-sectarian elementary or secondary school,
including, without limitation, school and school district
administrators, teachers, school social workers, school
counselors, school psychologists, school nurses, cafeteria
workers, custodians, bus drivers, school resource officers,
and security guards.

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"Unauthorized digital replica" means the use of a digital
replica of an individual without the consent of the depicted
individual.
(c) (Blank).
(d) Each school district, charter school, and non-public,
non-sectarian elementary or secondary school shall create,
maintain, and implement a policy on bullying, which policy
must be filed with the State Board of Education. The policy on
bullying shall be based on the State Board of Education's
template for a model bullying prevention policy under
subsection (h) and shall include the criteria set forth in the
definition of "policy on bullying". The policy or implementing
procedure shall include a process to investigate whether a
reported act of bullying is within the permissible scope of
the district's or school's jurisdiction and shall require that
the district or school provide the victim with information
regarding services that are available within the district and
community, such as counseling, support services, and other
programs. School personnel available for help with a bully or
to make a report about bullying shall be made known to parents
or legal guardians, students, and school personnel. Every 2
years, each school district, charter school, and non-public,
non-sectarian elementary or secondary school shall conduct a
review and re-evaluation of its policy and make any necessary
and appropriate revisions. No later than September 30 of the
subject year, the policy must be filed with the State Board of

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Education after being updated. The State Board of Education
shall monitor and provide technical support for the
implementation of policies created under this subsection (d).
In monitoring the implementation of the policies, the State
Board of Education shall review each filed policy on bullying
to ensure all policies meet the requirements set forth in this
Section, including ensuring that each policy meets the 13
criteria criterion identified within the definition of "policy
on bullying" set forth in this Section.
If a school district, charter school, or non-public,
non-sectarian elementary or secondary school fails to file a
policy on bullying by September 30 of the subject year, the
State Board of Education shall provide a written request for
filing to the school district, charter school, or non-public,
non-sectarian elementary or secondary school. If a school
district, charter school, or non-public, non-sectarian
elementary or secondary school fails to file a policy on
bullying within 14 days of receipt of the aforementioned
written request, the State Board of Education shall publish
notice of the non-compliance on the State Board of Education's
website.
Each school district, charter school, and non-public,
non-sectarian elementary or secondary school may provide
evidence-based professional development and youth programming
on bullying prevention that is consistent with the provisions
of this Section.

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(e) This Section shall not be interpreted to prevent a
victim from seeking redress under any other available civil or
criminal law.
(f) School districts, charter schools, and non-public,
non-sectarian elementary and secondary schools shall collect,
maintain, and submit to the State Board of Education
non-identifiable data regarding verified allegations of
bullying within the school district, charter school, or
non-public, non-sectarian elementary or secondary school.
School districts, charter schools, and non-public,
non-sectarian elementary and secondary schools must submit
such data in an annual report due to the State Board of
Education no later than August 15 of each year starting with
the 2024-2025 school year through the 2030-2031 school year.
The State Board of Education shall adopt rules for the
submission of data that includes, but is not limited to: (i) a
record of each verified allegation of bullying and action
taken; and (ii) whether the instance of bullying was based on
actual or perceived characteristics identified in subsection
(a) and, if so, lists the relevant characteristics. The rules
for the submission of data shall be consistent with federal
and State laws and rules governing student privacy rights,
including, but not limited to, the federal Family Educational
Rights and Privacy Act of 1974 and the Illinois School Student
Records Act, which shall include, without limitation, a record
of each complaint and action taken. The State Board of

10400HB0862sam001 - 85 - LRB104 04759 JDS 38476 a
Education shall adopt rules regarding the notification of
school districts, charter schools, and non-public,
non-sectarian elementary and secondary schools that fail to
comply with the requirements of this subsection.
(g) Upon the request of a parent or legal guardian of a
child enrolled in a school district, charter school, or
non-public, non-sectarian elementary or secondary school
within this State, the State Board of Education must provide
non-identifiable data on the number of bullying allegations
and incidents in a given year in the school district, charter
school, or non-public, non-sectarian elementary or secondary
school to the requesting parent or legal guardian. The State
Board of Education shall adopt rules regarding (i) the
handling of such data, (ii) maintaining the privacy of the
students and families involved, and (iii) best practices for
sharing numerical data with parents and legal guardians.
(h) By January 1, 2024, the State Board of Education shall
post on its Internet website a template for a model bullying
prevention policy.
(i) (Blank). The Illinois Bullying and Cyberbullying
Prevention Fund is created as a special fund in the State
treasury. Any moneys appropriated to the Fund may be used,
subject to appropriation, by the State Board of Education for
the purposes of subsection (j).
(j) Subject to appropriation, the State Superintendent of
Education may provide a grant to a school district, charter

10400HB0862sam001 - 86 - LRB104 04759 JDS 38476 a
school, or non-public, non-sectarian elementary or secondary
school to support its anti-bullying programming. Grants may be
awarded from the Illinois Bullying and Cyberbullying
Prevention Fund. School districts, charter schools, and
non-public, non-sectarian elementary or secondary schools that
are not in compliance with subsection (f) are not eligible to
receive a grant under this subsection from the Illinois
Bullying and Cyberbullying Prevention Fund.
(Source: P.A. 103-47, eff. 6-9-23; 104-338, eff. 7-1-26;
104-391, eff. 8-15-25; revised 9-24-25.)
Section 5-110. The Public Utilities Act is amended by
changing Sections 13-301.3, 13-305, 13-502.5, and 21-1101 as
follows:
(220 ILCS 5/13-301.3)
(Section scheduled to be repealed on January 1, 2030)
Sec. 13-301.3. Digital Divide Elimination Infrastructure
Program.
(a) The Digital Divide Elimination Infrastructure Fund is
created as a special fund in the State treasury. All moneys in
the Fund shall be used, subject to appropriation, by the
Commission to fund (i) the construction of facilities
specified in Commission rules adopted under this Section and
(ii) the accessible electronic information program, as
provided in Section 20 of the Accessible Electronic

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Information Act. The Commission may accept private and public
funds, including federal funds, for deposit into the Fund.
Earnings attributable to moneys in the Fund shall be deposited
into the Fund.
(b) The Commission shall adopt rules under which it will
make grants out of funds appropriated from the Digital Divide
Elimination Infrastructure Fund to eligible entities as
specified in the rules for the construction of high-speed data
transmission facilities in eligible areas of the State. For
purposes of determining whether an area is an eligible area,
the Commission shall consider, among other things, whether (i)
in such area, advanced telecommunications services, as defined
in subsection (c) of Section 13-517 of this Act, are
under-provided to residential or small business end users,
either directly or indirectly through an Internet Service
Provider, (ii) such area has a low population density, and
(iii) such area has not yet developed a competitive market for
advanced services. In addition, if an entity seeking a grant
of funds from the Digital Divide Elimination Infrastructure
Fund is an incumbent local exchange carrier having the duty to
serve such area, and the obligation to provide advanced
services to such area pursuant to Section 13-517 of this Act,
the entity shall demonstrate that it has sought and obtained
an exemption from such obligation pursuant to subsection (b)
of Section 13-517. Any entity seeking a grant of funds from the
Digital Divide Elimination Infrastructure Fund shall

10400HB0862sam001 - 88 - LRB104 04759 JDS 38476 a
demonstrate to the Commission that the grant shall be used for
the construction of high-speed data transmission facilities in
an eligible area and demonstrate that it satisfies all other
requirements of the Commission's rules. The Commission shall
determine the information that it deems necessary to award
grants pursuant to this Section.
(c) The rules of the Commission shall provide for the
competitive selection of recipients of grant funds available
from the Digital Divide Elimination Infrastructure Fund
pursuant to the Illinois Procurement Code. Grants shall be
awarded to bidders chosen on the basis of the criteria
established in such rules.
(d) All entities awarded grant moneys under this Section
shall maintain all records required by Commission rule for the
period of time specified in the rules. Such records shall be
subject to audit by the Commission, by any auditor appointed
by the State, or by any State officer authorized to conduct
audits.
(e) On July 1, 2026 or as soon thereafter as practical, the
State Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Digital Divide
Elimination Infrastructure Fund into the General Revenue Fund.
Upon completion of the transfer, the Digital Divide
Elimination Infrastructure Fund is dissolved, and any future
deposits due to that Fund and any outstanding obligations or
liabilities of that Fund pass to the General Revenue Fund.

10400HB0862sam001 - 89 - LRB104 04759 JDS 38476 a
This Section is repealed on January 1, 2027.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-305)
(Section scheduled to be repealed on January 1, 2030)
Sec. 13-305. Amount of civil penalty. A telecommunications
carrier, any corporation other than a telecommunications
carrier, or any person acting as a telecommunications carrier
that violates or fails to comply with any provisions of this
Act or that fails to obey, observe, or comply with any order,
decision, rule, regulation, direction, or requirement, or any
part or provision thereof, of the Commission, made or issued
under authority of this Act, in a case in which a civil penalty
is not otherwise provided for in this Act, but excepting
Section 5-202 of the Act, shall be subject to a civil penalty
imposed in the manner provided in Section 13-304 of no more
than $30,000 or 0.00825% of the carrier's gross intrastate
annual telecommunications revenue, whichever is greater, for
each offense unless the violator has fewer than 35,000
subscriber access lines, in which case the civil penalty may
not exceed $2,000 for each offense.
A telecommunications carrier subject to administrative
penalties resulting from a final Commission order approving an
intercorporate transaction entered pursuant to Section 7-204
of this Act shall be subject to penalties under this Section
imposed for the same conduct only to the extent that such

10400HB0862sam001 - 90 - LRB104 04759 JDS 38476 a
penalties exceed those imposed by the final Commission order.
Every violation of the provisions of this Act or of any
order, decision, rule, regulation, direction, or requirement
of the Commission, or any part or provision thereof, by any
corporation or person, is a separate and distinct offense.
Penalties under this Section shall attach and begin to accrue
from the day after written notice is delivered to such party or
parties that they are in violation of or have failed to comply
with this Act or an order, decision, rule, regulation,
direction, or requirement of the Commission, or part or
provision thereof. In case of a continuing violation, each
day's continuance thereof shall be a separate and distinct
offense.
In construing and enforcing the provisions of this Act
relating to penalties, the act, omission, or failure of any
officer, agent, or employee of any telecommunications carrier
or of any person acting within the scope of his or her duties
or employment shall in every case be deemed to be the act,
omission, or failure of such telecommunications carrier or
person.
If the party who has violated or failed to comply with this
Act or an order, decision, rule, regulation, direction, or
requirement of the Commission, or any part or provision
thereof, fails to seek timely review pursuant to Sections
10-113 and 10-201 of this Act, the party shall, upon
expiration of the statutory time limit, be subject to the

10400HB0862sam001 - 91 - LRB104 04759 JDS 38476 a
civil penalty provision of this Section.
All Twenty percent of all moneys collected under this
Section shall be deposited into the Digital Divide Elimination
Fund and 20% of all moneys collected under this Section shall
be deposited into the Digital Divide Elimination
Infrastructure Fund.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-502.5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 13-502.5. Services alleged to be improperly
classified.
(a) Any action or proceeding pending before the Commission
on June 30, 2001 ( upon the effective date of Public Act 92-22)
this amendatory Act of the 92nd General Assembly in which it is
alleged that a telecommunications carrier has improperly
classified services as competitive, other than a case
pertaining to Section 13-506.1, shall be abated and shall not
be maintained or continued.
(b) All retail telecommunications services provided to
business end users by any telecommunications carrier subject,
as of May 1, 2001, to alternative regulation under an
alternative regulation plan pursuant to Section 13-506.1 of
this Act shall be classified as competitive as of June 30, 2001
(the effective date of Public Act 92-22) this amendatory Act
of the 92nd General Assembly without further Commission

10400HB0862sam001 - 92 - LRB104 04759 JDS 38476 a
review. Rates for retail telecommunications services provided
to business end users with 4 or fewer access lines shall not
exceed the rates the carrier charged for those services on May
1, 2001. This restriction upon the rates of retail
telecommunications services provided to business end users
shall remain in force and effect through July 1, 2005;
provided, however, that nothing in this Section shall be
construed to prohibit reduction of those rates. Rates for
retail telecommunications services provided to business end
users with 5 or more access lines shall not be subject to the
restrictions set forth in this subsection.
(c) All retail vertical services, as defined herein, that
are provided by a telecommunications carrier subject, as of
May 1, 2001, to alternative regulation under an alternative
regulation plan pursuant to Section 13-506.1 of this Act shall
be classified as competitive as of June 1, 2003 without
further Commission review. Retail vertical services shall
include, for purposes of this Section, services available on a
subscriber's telephone line that the subscriber pays for on a
periodic or per use basis, but shall not include caller
identification and call waiting.
(d) Any action or proceeding before the Commission on June
30, 2001 ( upon the effective date of Public Act 92-22) this
amendatory Act of the 92nd General Assembly, in which it is
alleged that a telecommunications carrier has improperly
classified services as competitive, other than a case

10400HB0862sam001 - 93 - LRB104 04759 JDS 38476 a
pertaining to Section 13-506.1, shall be abated and the
services the classification of which is at issue shall be
deemed either competitive or noncompetitive as set forth in
this Section. Any telecommunications carrier subject to an
action or proceeding in which it is alleged that the
telecommunications carrier has improperly classified services
as competitive shall be deemed liable to refund, and shall
refund, the sum of $90,000,000 to that class or those classes
of its customers that were alleged to have paid rates in excess
of noncompetitive rates as the result of the alleged improper
classification. The telecommunications carrier shall make the
refund no later than 120 days after June 30, 2001 (the
effective date of Public Act 92-22) this amendatory Act of the
92nd General Assembly.
(e) Any telecommunications carrier subject to an action or
proceeding in which it is alleged that the telecommunications
carrier has improperly classified services as competitive
shall also pay the sum of $15,000,000 to the Digital Divide
Elimination Fund (now repealed) established pursuant to
Section 5-20 of the Eliminate the Digital Divide Law, and
shall further pay the sum of $15,000,000 to the Digital Divide
Elimination Infrastructure Fund established pursuant to
Section 13-301.3 of this Act. The telecommunications carrier
shall make each of these payments in 3 installments of
$5,000,000, payable on July 1 of 2002, 2003, and 2004. The
telecommunications carrier shall have no further accounting

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for these payments, which shall be used for the purposes
established in the Eliminate the Digital Divide Law.
(f) All other services shall be classified pursuant to
Section 13-502 of this Act.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/21-1101)
(Section scheduled to be repealed on January 1, 2030)
Sec. 21-1101. Requirements to provide video services.
(a) The holder of a State-issued authorization shall not
deny access to cable service or video service to any potential
residential subscribers because of the race or income of the
residents in the local area in which the potential subscribers
reside.
(b) (Blank).
(c)(1) If the holder of a State-issued authorization is
using telecommunications facilities to provide cable or video
service and has more than 1,000,000 telecommunications access
lines in this State, the holder shall provide access to its
cable or video service to a number of households equal to at
least 35% of the households in the holder's telecommunications
service area in the State within 3 years after the date a
holder receives a State-issued authorization from the
Commission and to a number not less than 50% of these
households within 5 years after the date a holder receives a
State-issued authorization from the Commission; provided that

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the holder of a State-issued authorization is not required to
meet the 50% requirement in this paragraph (1) until 2 years
after at least 15% of the households with access to the
holder's video service subscribe to the service for 6
consecutive months.
The holder's obligation to provide such access in the
State shall be distributed, as the holder determines, within 3
designated market areas, one in each of the northeastern,
central, and southwestern portions of the holder's
telecommunications service area in the State. The designated
market area for the northeastern portion shall consist of 2
separate and distinct reporting areas: (i) a city with more
than 1,000,000 inhabitants, and (ii) all other local units of
government on a combined basis within such designated market
area in which it offers video service.
If any state, in which a holder subject to this subsection
(c) or one of its affiliates provides or seeks to provide cable
or video service, adopts a law permitting state-issued
authorization or statewide franchises to provide cable or
video service that requires a cable or video provider to offer
service to more than 35% of the households in the cable or
video provider's service area in that state within 3 years,
holders subject to this subsection (c) shall provide service
in this State to the same percentage of households within 3
years of adoption of such law in that state.
Furthermore, if any state, in which a holder subject to

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this subsection (c) or one of its affiliates provides or seeks
to provide cable or video service, adopts a law requiring a
holder of a state-issued authorization or statewide franchises
to offer cable or video service to more than 35% of its
households if less than 15% of the households with access to
the holder's video service subscribe to the service for 6
consecutive months, then as a precondition to further
build-out, holders subject to this subsection (c) shall be
subject to the same percentage of service subscription in
meeting its obligation to provide service to 50% of the
households in this State.
(2) Within 3 years after the date a holder receives a
State-issued authorization from the Commission, at least 30%
of the total households with access to the holder's cable or
video service shall be low-income.
Within each designated market area listed in paragraph (1)
of this subsection (c), the holder's obligation to offer
service to low-income households shall be measured by each
exchange, as that term is defined in Section 13-206 of this Act
in which the holder chooses to provide cable or video service.
The holder is under no obligation to serve or provide access to
an entire exchange; however, in addition to the statewide
obligation to provide low-income access provided by this
Section, in each exchange in which the holder chooses to
provide cable or video service, the holder shall provide
access to a percentage of low-income households that is at

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least equal to the percentage of the total low-income
households within that exchange.
(d)(1) All other holders shall only provide access to one
or more exchanges, as that term is defined in Section 13-206 of
this Act, or to local units of government and shall provide
access to their cable or video service to a number of
households equal to 35% of the households in the exchange or
local unit of government within 3 years after the date a holder
receives a State-issued authorization from the Commission and
to a number not less than 50% of these households within 5
years after the date a holder receives a State-issued
authorization from the Commission, provided that if the holder
is an incumbent cable operator or any successor-in-interest
company, it shall be obligated to provide access to cable or
video services within the jurisdiction of a local unit of
government at the same levels required by the local
franchising authorities for that local unit of government on
June 30, 2007 (the effective date of Public Act 95-9).
(2) Within 3 years after the date a holder receives a
State-issued authorization from the Commission, at least 30%
of the total households with access to the holder's cable or
video service shall be low-income.
Within each designated exchange, as that term is defined
in Section 13-206 of this Act, or local unit of government
listed in paragraph (1) of this subsection (d), the holder's
obligation to offer service to low-income households shall be

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measured by each exchange or local unit of government in which
the holder chooses to provide cable or video service. Except
as provided in paragraph (1) of this subsection (d), the
holder is under no obligation to serve or provide access to an
entire exchange or local unit of government; however, in
addition to the statewide obligation to provide low-income
access provided by this Section, in each exchange or local
unit of government in which the holder chooses to provide
cable or video service, the holder shall provide access to a
percentage of low-income households that is at least equal to
the percentage of the total low-income households within that
exchange or local unit of government.
(e) A holder subject to subsection (c) of this Section
shall provide wireline broadband service, defined as wireline
service, capable of supporting, in at least one direction, a
speed in excess of 200 kilobits per second (kbps), to the
network demarcation point at the subscriber's premises, to a
number of households equal to 90% of the households in the
holder's telecommunications service area by December 31, 2008,
or shall pay within 30 days of December 31, 2008 a sum of
$15,000,000 to the Digital Divide Elimination Infrastructure
Fund (now repealed) established pursuant to Section 13-301.3
of this Act, or any successor fund established by the General
Assembly. In that event the holder is required to make a
payment pursuant to this subsection (e), the holder shall have
no further accounting for this payment, which shall be used in

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any part of the State for the purposes established in the
Digital Divide Elimination Infrastructure Fund or for
broadband deployment.
(f) The holder of a State-issued authorization may satisfy
the requirements of subsections (c) and (d) of this Section
through the use of any technology, which shall not include
direct-to-home satellite service, that offers service,
functionality, and content that is demonstrably similar to
that provided through the holder's video service system.
(g) In any investigation into or complaint alleging that
the holder of a State-issued authorization has failed to meet
the requirements of this Section, the following factors may be
considered in justification or mitigation or as justification
for an extension of time to meet the requirements of
subsections (c) and (d) of this Section:
(1) The inability to obtain access to public and
private rights-of-way under reasonable terms and
conditions.
(2) Barriers to competition arising from existing
exclusive service arrangements in developments or
buildings.
(3) The inability to access developments or buildings
using reasonable technical solutions under commercially
reasonable terms and conditions.
(4) Natural disasters.
(5) Other factors beyond the control of the holder.

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(h) If the holder relies on the factors identified in
subsection (g) of this Section in response to an investigation
or complaint, the holder shall demonstrate the following:
(1) what substantial effort the holder of a
State-issued authorization has taken to meet the
requirements of subsection (a) or (c) of this Section;
(2) which portions of subsection (g) of this Section
apply; and
(3) the number of days it has been delayed or the
requirements it cannot perform as a consequence of
subsection (g) of this Section.
(i) The factors in subsection (g) of this Section may be
considered by the Attorney General or by a court of competent
jurisdiction in determining whether the holder is in violation
of this Article.
(j) Every holder of a State-issued authorization, no later
than April 1, 2009, and annually no later than April 1
thereafter, shall report to the Commission for each of the
service areas as described in subsections (c) and (d) of this
Section in which it provides access to its video service in the
State, the following information:
(1) Cable service and video service information:
(A) The number of households in the holder's
telecommunications service area within each designated
market area as described in subsection (c) of this
Section or exchange or local unit of government as

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described in subsection (d) of this Section in which
it offers video service.
(B) The number of households in the holder's
telecommunications service area within each designated
market area as described in subsection (c) of this
Section or exchange or local unit of government as
described in subsection (d) of this Section that are
offered access to video service by the holder.
(C) The number of households in the holder's
telecommunications service area in the State.
(D) The number of households in the holder's
telecommunications service area in the State that are
offered access to video service by the holder.
(2) Low-income household information:
(A) The number of low-income households in the
holder's telecommunications service area within each
designated market area as described in subsection (c)
of this Section, as further identified in terms of
exchanges, or exchange or local unit of government as
described in subsection (d) of this Section in which
it offers video service.
(B) The number of low-income households in the
holder's telecommunications service area within each
designated market area as described in subsection (c)
of this Section, as further identified in terms of
exchanges, or exchange or local unit of government as

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described in subsection (d) of this Section in the
State that are offered access to video service by the
holder.
(C) The number of low-income households in the
holder's telecommunications service area in the State.
(D) The number of low-income households in the
holder's telecommunications service area in the State
that are offered access to video service by the
holder.
(j-5) The requirements of subsection (c) of this Section
shall be satisfied upon the filing of an annual report with the
Commission in compliance with subsection (j) of this Section,
including an annual report filed prior to June 28, 2013 (the
effective date of Public Act 98-45) this amendatory Act of the
98th General Assembly, that demonstrates the holder of the
authorization has satisfied the requirements of subsection (c)
of this Section for each of the service areas in which it
provides access to its cable service or video service in the
State. Notwithstanding the continued application of this
Article to the holder, upon satisfaction of the requirements
of subsection (c) of this Section, only the requirements of
subsection (a) of this Section 21-1101 of this Act and the
following reporting requirements shall continue to apply to
such holder:
(1) Cable service and video service information:
(A) The number of households in the holder's

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telecommunications service area within each designated
market area in which it offers cable service or video
service.
(B) The number of households in the holder's
telecommunications service area within each designated
market area that are offered access to cable service
or video service by the holder.
(C) The number of households in the holder's
telecommunications service area in the State.
(D) The number of households in the holder's
telecommunications service area in the State that are
offered access to cable service or video service by
the holder.
(E) The exchanges or local units of government in
which the holder added cable service or video service
in the prior year.
(2) Low-income household information:
(A) The number of low-income households in the
holder's telecommunications service area within each
designated market area in which it offers video
service.
(B) The number of low-income households in the
holder's telecommunications service area within each
designated market area that are offered access to
video service by the holder.
(C) The number of low-income households in the

10400HB0862sam001 - 104 - LRB104 04759 JDS 38476 a
holder's telecommunications service area in the State.
(D) The number of low-income households in the
holder's telecommunications service area in the State
that are offered access to video service by the
holder.
(j-10) The requirements of subsection (d) of this Section
shall be satisfied upon the filing of an annual report with the
Commission in compliance with subsection (j) of this Section,
including an annual report filed prior to June 28, 2013 (the
effective date of Public Act 98-45) this amendatory Act of the
98th General Assembly, that demonstrates the holder of the
authorization has satisfied the requirements of subsection (d)
of this Section for each of the service areas in which it
provides access to its cable service or video service in the
State. Notwithstanding the continued application of this
Article to the holder, upon satisfaction of the requirements
of subsection (d) of this Section, only the requirements of
subsection (a) of this Section and the following reporting
requirements shall continue to apply to such holder:
(1) Cable service and video service information:
(A) The number of households in the holder's
footprint in which it offers cable service or video
service.
(B) The number of households in the holder's
footprint that are offered access to cable service or
video service by the holder.

10400HB0862sam001 - 105 - LRB104 04759 JDS 38476 a
(C) The exchanges or local units of government in
which the holder added cable service or video service
in the prior year.
(2) Low-income household information:
(A) The number of low-income households in the
holder's footprint in which it offers cable service or
video service.
(B) The number of low-income households in the
holder's footprint that are offered access to cable
service or video service by the holder.
(k) The Commission, within 30 days of receiving the first
report from holders under this Section, and annually no later
than July 1 thereafter, shall submit to the General Assembly a
report that includes, based on year-end data, the information
submitted by holders pursuant to subdivisions (1) and (2) of
subsections (j), (j-5), and (j-10) of this Section. The
Commission shall make this report available to any member of
the public or any local unit of government upon request. All
information submitted to the Commission and designated by
holders as confidential and proprietary shall be subject to
the disclosure provisions in subsection (c) of Section 21-401
of this Act. No individually identifiable customer information
shall be subject to public disclosure.
(Source: P.A. 100-20, eff. 7-1-17.)
Section 5-115. The Acupuncture Practice Act is amended by

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changing Section 135 as follows:
(225 ILCS 2/135)
(Section scheduled to be repealed on January 1, 2028)
Sec. 135. Criminal violations. Whoever knowingly practices
or offers to practice acupuncture in this State without being
licensed for that purpose shall be guilty of a Class A
misdemeanor and for each subsequent conviction shall be guilty
of a Class 4 felony. Notwithstanding any other provision of
this Act, all criminal fines, moneys, or other property
collected or received by the Department under this Section or
any other State or federal statute, including but not limited
to property forfeited to the Department under Section 505 of
the Illinois Controlled Substances Act or Section 85 of the
Methamphetamine Control and Community Protection Act, shall be
deposited into the General Professions Dedicated Professional
Regulation Evidence Fund.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 5-120. The Illinois Dental Practice Act is amended
by changing Section 38 as follows:
(225 ILCS 25/38) (from Ch. 111, par. 2338)
(Section scheduled to be repealed on January 1, 2031)
Sec. 38. Penalty of unlawful practice - second and
subsequent offenses. Any person who practices or offers to

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practice dentistry in this State without being licensed for
that purpose, or whose license has been suspended or revoked
or is inactive or non-renewed, or who violates any of the
provisions of this Act, for which no specific penalty has been
provided herein, is guilty of a Class A misdemeanor.
Any person who has been previously convicted under any of
the provisions of this Act and who subsequently violates any
of the provisions of this Act is guilty of a Class 4 felony. In
addition, whenever any person is punished as a subsequent
offender under this Section, the Secretary shall proceed to
obtain a permanent injunction against such person under
Section 37 of this Act. All fines collected under this Section
shall be deposited into in the General Professions Dedicated
Professional Regulation Evidence Fund.
(Source: P.A. 97-1013, eff. 8-17-12.)
Section 5-125. The Medical Practice Act of 1987 is amended
by changing Section 60 as follows:
(225 ILCS 60/60) (from Ch. 111, par. 4400-60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 60. All such fines shall be deposited into in the
General Professions Dedicated Professional Regulation Evidence
Fund.
(Source: P.A. 85-4.)

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Section 5-130. The Naprapathic Practice Act is amended by
changing Section 123 as follows:
(225 ILCS 63/123)
(Section scheduled to be repealed on January 1, 2028)
Sec. 123. Violation; penalty. Whoever knowingly practices
or offers to practice naprapathy in this State without being
licensed for that purpose shall be guilty of a Class A
misdemeanor and for each subsequent conviction shall be guilty
of a Class 4 felony. Notwithstanding any other provision of
this Act, all criminal fines, moneys, or other property
collected or received by the Department under this Section or
any other State or federal statute, including, but not limited
to, property forfeited to the Department under Section 505 of
the Illinois Controlled Substances Act or Section 85 of the
Methamphetamine Control and Community Protection Act, shall be
deposited into the General Professions Dedicated Professional
Regulation Evidence Fund.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 5-135. The Nurse Practice Act is amended by
changing Section 70-75 as follows:
(225 ILCS 65/70-75) (was 225 ILCS 65/20-75)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-75. Injunctive remedies.

10400HB0862sam001 - 109 - LRB104 04759 JDS 38476 a
(a) If any person violates the 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 any county in which the
action is brought, petition for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin such violation, and if it
is established that such 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 shall practice as a nurse or hold herself
or himself out as a nurse without being licensed under the
provisions of this Act, then any licensed nurse, 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.
(b-5) Whoever knowingly practices or offers to practice
nursing in this State without a license for that purpose shall
be guilty of a Class A misdemeanor and for each subsequent
conviction, shall be guilty of a Class 4 felony. All criminal
fines, moneys monies, or other property collected or received
by the Department under this Section or any other State or

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federal statute, including, but not limited to, property
forfeited to the Department under Section 505 of the Illinois
Controlled Substances Act or Section 85 of the Methamphetamine
Control and Community Protection Act, shall be deposited into
the General Professions Dedicated Professional Regulation
Evidence Fund.
(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 not
be entered against him. 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 order to cease
and desist to be issued forthwith.
(Source: P.A. 100-513, eff. 1-1-18.)
Section 5-140. The Podiatric Medical Practice Act of 1987
is amended by changing Section 41 as follows:
(225 ILCS 100/41) (from Ch. 111, par. 4841)
(Section scheduled to be repealed on January 1, 2028)
Sec. 41. Violations. Any person who is found to have
violated any provisions of this Act is guilty of a Class A
misdemeanor. All criminal fines, moneys monies, or other
property collected or received by the Department under this

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Section or any other State or federal statute, including, but
not limited to, property forfeited to the Department under
Section 505 of the Illinois Controlled Substances Act or
Section 85 of the Methamphetamine Control and Community
Protection Act, shall be deposited into the General
Professions Dedicated Professional Regulation Evidence Fund.
The Board, with the advice of the Secretary and attorneys
for the Department, may establish by rule a schedule of fines
payable by those who have violated any provisions of this Act.
Fines assessed and collected for violations of this Act
shall be deposited into in the Illinois State Podiatric
Medical Disciplinary Fund.
(Source: P.A. 94-556, eff. 9-11-05; 95-235, eff. 8-17-07.)
Section 5-145. The Veterinary Medicine and Surgery
Practice Act of 2004 is amended by changing Sections 25.16 and
25.18 as follows:
(225 ILCS 115/25.16) (from Ch. 111, par. 7025.16)
(Section scheduled to be repealed on January 1, 2029)
Sec. 25.16. Any person who is found to have violated any
provision of this Act is guilty of a Class A misdemeanor for
the first offense. On conviction of a second or subsequent
offense, the violator shall be guilty of a Class 4 felony. All
criminal fines, moneys monies, or other property collected or
received by the Department under this Section or any other

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State or federal statute, including, but not limited to,
property forfeited to the Department under Section 505 of the
Illinois Controlled Substances Act or Section 85 of the
Methamphetamine Control and Community Protection Act, shall be
deposited into the General Professions Dedicated Professional
Regulation Evidence Fund.
(Source: P.A. 98-339, eff. 12-31-13.)
(225 ILCS 115/25.18)
(Section scheduled to be repealed on January 1, 2029)
Sec. 25.18. Civil penalties for unlicensed practice.
(a) In addition to any other penalty provided by law, any
person who violates Section 5 of this Act or any other
provision of this Act shall, in addition to any other penalty
provided by law, pay a civil penalty to the Department in an
amount not to exceed $10,000 for each offense as determined by
the Department and the assessment of costs as provided for in
Section 25.3. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from

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any court of record.
(d) All moneys monies collected under this Section shall
be deposited into the General Professions Dedicated
Professional Regulation Evidence Fund.
(Source: P.A. 98-339, eff. 12-31-13.)
Section 5-150. The Wholesale Drug Distribution Licensing
Act is amended by changing Section 170 as follows:
(225 ILCS 120/170) (from Ch. 111, par. 8301-170)
(Section scheduled to be repealed on January 1, 2028)
Sec. 170. Penalties. Any person who is found to have
violated any provision of this Act is guilty of a Class A
misdemeanor. On conviction of a second or subsequent offense,
the violator shall be guilty of a Class 4 felony. All criminal
fines, moneys monies, or property collected or received by the
Department under this Section or any other State or federal
statute, including, but not limited to, property forfeited to
the Department under Section 505 of the Illinois Controlled
Substances Act or Section 85 of the Methamphetamine Control
and Community Protection Act, shall be deposited into the
General Professions Dedicated Professional Regulation Evidence
Fund.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 5-155. The Illinois Food, Drug and Cosmetic Act is

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amended by changing Section 22.4 as follows:
(410 ILCS 620/22.4) (from Ch. 56 1/2, par. 522.4)
Sec. 22.4. Food and Drug Safety Fund. There is created in
the State treasury Treasury a special fund to be known as the
Food and Drug Safety Fund. All subscription, fine, and permit
fees, certificate fees, and other moneys collected by the
Department of Public Health under this Act and, beginning July
1, 2027, the Safe Bottled Water Act shall be deposited into the
Fund. Subject to appropriation by the General Assembly, moneys
deposited into this Fund shall be made available to the
Department of Public Health to administer Department
activities related to food safety, drug safety, milk safety,
bottled water safety, or drug product selection. All interest
that accrues on the moneys in the Fund shall be deposited into
the Fund.
(Source: P.A. 92-769, eff. 1-1-03.)
Section 5-160. The Safe Bottled Water Act is amended by
changing Section 35 as follows:
(410 ILCS 655/35)
Sec. 35. Safe Bottled Water Fund. The Safe Bottled Water
Fund is established as a special fund in the State treasury.
All moneys received by the Department under this Act shall be
deposited into the fund. Moneys in the fund shall be used by

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the Department, upon appropriation, for the purpose of
administering this Act.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on July 1,
2027 or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the Safe Bottled Water Fund into the
Food and Drug Safety Fund. Upon completion of the transfers,
the Safe Bottled Water Fund is dissolved, and any future
deposits due to that Fund and any outstanding obligations or
liabilities of that Fund pass to the Food and Drug Safety Fund.
This Section is repealed on January 1, 2028.
(Source: P.A. 93-866, eff. 1-1-05.)
Section 5-165. 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
current fishing license fee for individuals age 65 or
older, and, commencing with the 2012 license year,

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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-3) 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, residents
of this State may obtain a 3-year fishing license. The fee
for a 3-year fishing license is 3 times the annual fee. For
residents age 65 or older, the fee is one half of the fee
charged for a 3-year fishing license. For resident
veterans of the United States Armed Forces after returning
from service abroad or mobilization by the President of
the United States, the fee is one-half of the fee charged
for a 3-year fishing license. Veterans must provide to the
Department, per administrative rule, verification of their
service. The Department shall establish what constitutes
suitable verification of service for the purpose of
issuing 3-year fishing licenses to resident veterans at a

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reduced fee.
(a-5) The fee for all sport fishing licenses shall be
$1 for an annual license and 3 times the annual fee for a
3-year license 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
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 this State may obtain a sportsmen's

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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 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.
(c-5) Residents of this State may obtain a 3-year

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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-3) 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. A 3-year sportsmen's
combination license shall not be issued to any individual
who would be ineligible for either the fishing or hunting
license separately. The 3-year sportsmen's combination
license fee shall be 3 times the annual fee. For residents
age 65 or older, the fee is one-half of the fee charged for
a 3-year 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, the fee is one-half of the fee charged
for a 3-year sportsmen's combination license. Veterans
must provide to the Department, per administrative rule,
verification of their service. The Department shall
establish what constitutes suitable verification of
service for the purpose of issuing 3-year 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

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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) or (a-3) 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
holder to the same non-commercial fishing privileges as
residents holding a license as described in subsection
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

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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,
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

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of lifetime licenses shall be deposited into in the Wildlife
and 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. Licenses issued under subsection (a-3) or (c-5)
shall expire on March 31 of the 2nd year after the year in
which the license is issued.
The Department shall by administrative rule provide for
the automatic renewal of a fishing license upon the request of
the applicant.
All individuals required to have and failing to have the
license provided for in subsection (a), (a-3), or (d) of this
Section shall be fined according to the provisions of Section
20-35 of 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

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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;
103-154, eff. 6-30-23; 103-456, eff. 1-1-24; revised 7-3-25.)
Section 5-170. The Roadside Memorial Act is amended by
changing Section 20 as follows:
(605 ILCS 125/20)
Sec. 20. DUI memorial markers.
(a) A DUI memorial marker erected before July 1, 2021
shall consist of a white on blue panel bearing the message
"Please Don't Drink and Drive". A DUI memorial marker erected
on or after July 1, 2021 shall consist of a white on blue panel
bearing the message "Don't Drive Under the Influence". At the
request of the qualified relative, a separate panel bearing

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the words "In Memory of (victim's name)", followed by the date
of the crash that was the proximate cause of the loss of the
victim's life, shall be mounted below the primary panel.
Public Act 102-60 This amendatory Act of the 102nd General
Assembly does not require the removal or replacement of any
memorial markers erected before July 1, 2021.
(b) A DUI memorial marker may memorialize more than one
victim who died as a result of the same DUI-related crash. If
one or more additional DUI crash deaths subsequently occur in
close proximity to an existing DUI memorial marker, the
supporting jurisdiction may use the same marker to memorialize
the subsequent death or deaths, by adding the names of the
additional persons.
(c) A DUI memorial marker shall be maintained for at least
4 years from the date the last person was memorialized on the
marker.
(d) The supporting jurisdiction has the right to install a
marker at a location other than the location of the crash or to
relocate a marker due to restricted room, property owner
complaints, interference with essential traffic control
devices, safety concerns, or other restrictions. In such
cases, the sponsoring jurisdiction may select an alternate
location.
(e) The Department shall secure the consent of any
municipality before placing a DUI memorial marker within the
corporate limits of the municipality.

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(f) A fee in an amount to be determined by the supporting
jurisdiction may be paid in whole or in part from the Roadside
Memorial Fund if moneys are made available by the Department
of Transportation from that Fund or may be charged to the
qualified relative to the extent moneys from that Fund are not
made available. The fee shall not exceed the costs associated
with the fabrication, installation, and maintenance of the DUI
memorial marker.
(Source: P.A. 102-60, eff. 7-9-21; 103-82, eff. 1-1-24.)
Section 5-175. The Illinois Aeronautics Act is amended by
changing Section 78 as follows:
(620 ILCS 5/78) (from Ch. 15 1/2, par. 22.78)
Sec. 78. Aeronautics Fund. All moneys hereafter received
by this State, or by the Department for and on its behalf,
under any of the laws of this State pertaining to aeronautics,
including, without limiting the generality of the foregoing,
all moneys obtained for certificates, permits or licenses,
except those funds which are held by the State Treasurer as
ex-officio custodian under the provisions of Section 40, shall
be deposited into in the State treasury and set apart as a
special fund to be known as the Aeronautics Fund. The
Aeronautics Fund shall be used, subject to appropriations made
from time to time, only for such purposes as may be specified
under the laws, if any, of the United States, heretofore or

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hereafter enacted or amended, providing for federal aid in the
establishment of public airports, and otherwise only for the
regulation and supervision of aeronautics in this State, and
the administration and enforcement of the laws of this State
pertaining to aeronautics. Beginning in State fiscal year
2028, subject to appropriation, the Aeronautics Fund may also
be used for equipment, personnel, operational expenses and
such other expenses incident to providing air transportation
for officers, departments or agencies of the State government.
(Source: Laws 1957, p. 2331.)
Section 5-180. The Illinois Vehicle Code is amended by
changing Section 3-679 as follows:
(625 ILCS 5/3-679)
Sec. 3-679. Law Enforcement Torch Run For Special Olympics
license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary of State, may issue
special registration plates designated to be Law Enforcement
Torch Run For Special Olympics license plates. The special
plates issued under this Section shall be affixed only to
passenger vehicles of the first division, motorcycles,
autocycles, motor vehicles of the second division weighing not
more than 8,000 pounds, and recreational vehicles as defined
by Section 1-169 of this Code. Plates issued under this

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Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly
within the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, shall accompany
the application. The Secretary may, in his or her discretion,
allow the plates to be issued as vanity or personalized plates
in accordance with Section 3-405.1 of this Code.
(c) An applicant shall be charged a $45 fee for original
issuance in addition to the appropriate registration fee, if
applicable. Of this fee, $30 shall be deposited into the
Special Olympics Illinois and Special Children's Charities
Fund and $15 shall be deposited into the Secretary of State
Special License Plate Fund. For each registration renewal
period, a $27 fee, in addition to the appropriate registration
fee, shall be charged. Of this fee, $25 shall be deposited into
the Special Olympics Illinois and Special Children's Charities
Fund and $2 shall be deposited into the Secretary of State
Special License Plate Fund.
(Source: P.A. 103-843, eff. 1-1-25.)
Section 5-185. The Cycle Rider Safety Training Act is
amended by changing Sections 6 and 7 as follows:
(625 ILCS 35/6) (from Ch. 95 1/2, par. 806)
Sec. 6. To finance the Cycle Rider Safety Training program

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and to pay the costs thereof, the Secretary of State shall will
hereafter deposit amounts with the State Treasurer an amount
equal to each annual fee and each reduced fee, for the
registration of each motorcycle, motor driven cycle and moped
processed by the Office of the Secretary of State during the
preceding quarter as required in subsection (d) of Section
2-119 of the Illinois Vehicle Code and subsection (c) of
Section 6-118 of the Illinois Vehicle Code into , which amount
the State Comptroller shall transfer quarterly to a trust fund
outside of the State treasury to be known as the Cycle Rider
Safety Training Fund, which is hereby created. In addition,
the Department may accept any federal, State, or private
moneys for deposit into the Fund and shall be used by the
Department only for the expenses of the Department in
administering the provisions of this Act, for funding of
contracts with approved Regional Cycle Rider Safety Training
Centers for the conduct of courses, or for any purpose related
or incident thereto and connected therewith.
(Source: P.A. 96-554, eff. 1-1-10.)
(625 ILCS 35/7) (from Ch. 95 1/2, par. 807)
Sec. 7. The Department is authorized to and shall award
contracts out of appropriations to the Department from the
"The Cycle Rider Safety Training Fund" to qualifying providers
for the conduct of approved Cycle Rider Safety Training
courses.

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(Source: P.A. 104-408, eff. 1-1-26.)
Section 5-190. The DUI Prevention and Education Commission
Act is amended by changing Section 20 as follows:
(625 ILCS 70/20)
Sec. 20. DUI Prevention and Education Fund; transfer of
funds.
(a) The DUI Prevention and Education Fund is created as a
special fund in the State treasury. Subject to appropriation,
all moneys in the DUI Prevention and Education Fund shall be
distributed by the Department of Transportation with approval
from the DUI Prevention and Education Commission for crash
victim programs and materials, impaired driving prevention
programs, law enforcement support, and other DUI-related
programs.
(b) As soon as practical after January 1, 2020 (the
effective date of Public Act 101-196) this Act, the State
Comptroller shall direct and the State Treasurer shall
transfer any remaining balance in excess of $30,000 from the
Roadside Memorial Fund to the DUI Prevention and Education
Fund. Starting in 2021 and continuing through 2025 every year
after, the cash balance in the Roadside Memorial Fund on June
30 shall be transferred to the DUI Prevention and Education
Fund as soon as practical. On the effective date of the changes
made to this Section by this amendatory Act of the 104th

10400HB0862sam001 - 130 - LRB104 04759 JDS 38476 a
General Assembly or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Roadside Memorial Fund
into the DUI Prevention and Education Fund. Upon completion of
the transfer, the Roadside Memorial Fund is dissolved, and any
future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund shall pass to the DUI
Prevention and Education Fund.
(Source: P.A. 102-60, eff. 7-9-21; 103-1047, eff. 1-1-25.)
Section 5-195. The Unified Code of Corrections is amended
by changing Sections 5-9-1.7 and 5-9-1.22 as follows:
(730 ILCS 5/5-9-1.7)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have
the following meanings ascribed to them:
(1) "Sexual assault" means the commission or attempted
commission of the following: sexual exploitation of a
child, criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
indecent solicitation of a child, public indecency, sexual
relations within families, promoting commercial sexual
exploitation of a child, soliciting for a sexually
exploited child, keeping a place of commercial sexual

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exploitation of a child, patronizing a sexually exploited
child, juvenile pimping, exploitation of a child,
obscenity, child sexual abuse material, aggravated child
pornography, harmful material, or ritualized abuse of a
child, as those offenses are defined in the Criminal Code
of 1961 or the Criminal Code of 2012.
(2) (Blank).
(3) "Sexual assault organization" means any
not-for-profit organization providing comprehensive,
community-based services to victims of sexual assault.
"Community-based services" include, but are not limited
to, direct crisis intervention through a 24-hour response,
medical and legal advocacy, counseling, information and
referral services, training, and community education.
(b) (Blank).
(c) Sexual Assault Services Fund; administration. There is
created in the State treasury a special fund known as the
Sexual Assault Services Fund. Moneys deposited into the Fund
under Sections 15-20, 15-40, and 15-70 of the Criminal and
Traffic Assessment Act and Section 6b-4 of the State Finance
Act shall be expended as provided in Section 10-5 of the
Criminal and Traffic Assessment Act.
(Source: P.A. 103-1071, eff. 7-1-25; 104-2, eff. 6-16-25;
104-245, eff. 1-1-26; revised 11-21-25.)
(730 ILCS 5/5-9-1.22)

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Sec. 5-9-1.22. Fee; DUI Prevention and Education Roadside
Memorial Fund. A person who is convicted or receives a
disposition of court supervision for a violation of Section
11-501 of the Illinois Vehicle Code shall, in addition to any
other disposition, penalty, or fine imposed, pay a fee of $50
which shall be collected by the clerk of the court and then
remitted to the State Treasurer for deposit into the DUI
Prevention and Education Fund Roadside Memorial Fund, a
special fund that is created in the State treasury. However,
the court may waive the fee if full restitution is complied
with. Subject to appropriation, all moneys in the Roadside
Memorial Fund shall be used by the Department of
Transportation to pay fees imposed under subsection (f) of
Section 20 of the Roadside Memorial Act.
Prior to the changes made by this amendatory Act of the
104th General Assembly, this This Section is substantially the
same as Section 5-9-1.18 of the Unified Code of Corrections,
which Section was repealed by Public Act 100-987, and shall be
construed as a continuation of the fee established by that
prior law, and not as a new or different fee.
(Source: P.A. 101-10, eff. 6-5-19; 102-278, eff. 8-6-21.)
(765 ILCS 77/80 rep.)
Section 5-200. The Residential Real Property Disclosure
Act is amended by repealing Section 80.

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Section 5-205. The Prevailing Wage Act is amended by
changing Section 2 as follows:
(820 ILCS 130/2)
Sec. 2. This Act applies to the wages of laborers,
mechanics, and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including, but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone

10400HB0862sam001 - 134 - LRB104 04759 JDS 38476 a
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes all federal construction projects
administered or controlled by a public body if the prevailing
rate of wages is equal to or greater than the prevailing wage
determination by the United States Secretary of Labor for the
same locality for the same type of construction used to
classify the federal construction project. "Public works" also
includes (i) all projects financed in whole or in part with
funds from the Environmental Protection Agency under the
Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the
Public-Private Agreements for the South Suburban Airport Act;
(iii) all projects undertaken under a public-private agreement
under the Public-Private Partnerships for Transportation Act
or the Department of Natural Resources World Shooting and
Recreational Complex Act; and (iv) all transportation
facilities undertaken under a design-build contract or a
Construction Manager/General Contractor contract under the

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Innovations for Transportation Infrastructure Act. "Public
works" also includes all projects at leased facility property
used for airport purposes under Section 35 of the Local
Government Facility Lease Act. "Public works" also includes
the construction of a new wind power facility by a business
designated as a High Impact Business under Section
5.5(a)(3)(E) of the Illinois Enterprise Zone Act, the
construction of a new utility-scale solar power facility by a
business designated as a High Impact Business under Section
5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act, the
construction of a new battery energy storage solution facility
by a business designated as a High Impact Business under
Section 5.5(a)(3)(I) of the Illinois Enterprise Zone Act, and
the construction of a high voltage direct current converter
station by a business designated as a High Impact Business
under Section 5.5(a)(3)(J) of the Illinois Enterprise Zone
Act. "Public works" also includes electric vehicle charging
station projects financed pursuant to the Electric Vehicle Act
and renewable energy projects required to pay the prevailing
wage pursuant to the Illinois Power Agency Act. "Public works"
also includes power washing projects by a public body or paid
for wholly or in part out of public funds in which steam or
pressurized water, with or without added abrasives or
chemicals, is used to remove paint or other coatings, oils or
grease, corrosion, or debris from a surface or to prepare a
surface for a coating. "Public works" also includes all

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electric transmission systems projects subject to the Electric
Transmission Systems Construction Standards Act. "Public
works" does not include work done directly by any public
utility company, whether or not done under public supervision
or direction, or paid for wholly or in part out of public
funds. "Public works" also includes construction projects
performed by a third party contracted by any public utility,
as described in subsection (a) of Section 2.1, in public
rights-of-way, as defined in Section 21-201 of the Public
Utilities Act, whether or not done under public supervision or
direction, or paid for wholly or in part out of public funds.
"Public works" also includes construction projects that exceed
15 aggregate miles of new fiber optic cable, performed by a
third party contracted by any public utility, as described in
subsection (b) of Section 2.1, in public rights-of-way, as
defined in Section 21-201 of the Public Utilities Act, whether
or not done under public supervision or direction, or paid for
wholly or in part out of public funds. "Public works" also
includes any corrective action performed pursuant to Title XVI
of the Environmental Protection Act for which payment from the
Underground Storage Tank Fund is requested. "Public works"
also includes all construction projects involving fixtures or
permanent attachments affixed to light poles that are owned by
a public body, including street light poles, traffic light
poles, and other lighting fixtures, whether or not done under
public supervision or direction, or paid for wholly or in part

10400HB0862sam001 - 137 - LRB104 04759 JDS 38476 a
out of public funds, unless the project is performed by
employees employed directly by the public body. "Public works"
also includes work performed subject to the Mechanical
Insulation Energy and Safety Assessment Act. "Public works"
also includes the removal, hauling, and transportation of
biosolids, lime sludge, and lime residue from a water
treatment plant or facility and the disposal of biosolids,
lime sludge, and lime residue removed from a water treatment
plant or facility at a landfill. "Public works" also includes
sewer inspection projects that use a closed-circuit television
to identify issues in a sewer system, such as cracks in pipes,
root intrusion, blockages, or other structural damage. "Public
works" does not include projects undertaken by the owner at an
owner-occupied single-family residence or at an owner-occupied
unit of a multi-family residence. "Public works" does not
include work performed for soil and water conservation
purposes on agricultural lands, whether or not done under
public supervision or paid for wholly or in part out of public
funds, done directly by an owner or person who has legal
control of those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not

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available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, and includes every county, city,
town, village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
"Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus

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full journeyman annualized fringe benefits for training and
apprenticeship programs registered with the Office of
Apprenticeship within the U.S. Department of Labor's
Employment and Training Administration with full journeymen
annualized fringe benefits for health and welfare, insurance,
vacations, and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 103-8, eff. 6-7-23; 103-327, eff. 1-1-24;
103-346, eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff.
8-4-23; 103-605, eff. 7-1-24; 103-1066, eff. 2-20-25; 104-17,
eff. 7-1-26 (see Section 35-5 of P.A. 104-434 for effective
date of P.A. 104-17); 104-23, eff. 6-30-25; 104-160, eff.
8-14-25; revised 12-2-25.)
Section 5-210. The Family Neonatal Intensive Care Leave
Act is amended by changing Section 20 as follows:
(820 ILCS 157/20)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 20. Department responsibilities.
(a) The Department shall administer and enforce this Act
and adopt rules under the Illinois Administrative Procedure
Act for the purpose of this Act. The Department shall have the
powers and the parties shall have the rights provided in the

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Illinois Administrative Procedure Act for contested cases. The
Department shall have the power to conduct investigations in
connection with the administration and enforcement of this
Act, including the power to conduct depositions and discovery
and to issue subpoenas. If the Department finds cause to
believe that this Act has been violated, the Department shall
notify the parties in writing and the matter shall be referred
to an administrative law judge to schedule a formal hearing in
accordance with hearing procedures established by rule.
(b) The Department is authorized to impose civil penalties
prescribed in Section 25 in administrative proceedings that
comply with the Illinois Administrative Procedure Act and to
supervise the payment of the unpaid wages and damages owing to
the employee or employees under this Act. The Department may
bring any legal action necessary to recover the amount of
unpaid wages, damages, and penalties, and the employer shall
be required to pay the costs. Any sums recovered by the
Department on behalf of an employee under this Act shall be
paid to the employee or employees affected. However, 20% of
any penalty collected from the employer for a violation of
this Act shall be deposited into the Paid Leave for All Workers
Fund for the purposes set forth in Section 35 of the Paid Leave
for All Workers Act Neonatal Intensive Care Leave Fund, a
special fund created in the State treasury, and used for the
enforcement of this Act.
(c) The Attorney General may bring an action to enforce

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the collection of any civil penalty imposed under this Act.
(Source: P.A. 104-259, eff. 6-1-26.)
Section 5-215. The Employee Classification Act is amended
by changing Section 50 as follows:
(820 ILCS 185/50)
Sec. 50. Employee Classification Fund. All moneys received
by the Department as fees and civil penalties under this Act
and all moneys owed to the Department under the Prevailing
Wage Act and the Employment of Illinois Workers on Public
Works Act shall be deposited into the Employee Classification
Fund and shall be used, subject to appropriation by the
General Assembly, by the Department for administration,
investigation, outreach, and educational activities related to
this Act and the Prevailing Wage Act and the Employment of
Illinois Workers on Public Works Act and other expenses
incurred in carrying out its powers and duties under this Act
and the Prevailing Wage Act and the Employment of Illinois
Workers on Public Works Act. The Department shall hire as many
investigators and other personnel as may be necessary to carry
out the purposes of this Act. Any moneys in the Fund at the end
of a fiscal year in excess of those moneys necessary for the
Department to carry out its powers and duties under this Act
shall be available to the Department for the next fiscal year
for any of the Department's duties.

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(Source: P.A. 104-23, eff. 6-30-25.)
Section 5-220. The Paid Leave for All Workers Act is
amended by changing Section 35 as follows:
(820 ILCS 192/35)
Sec. 35. Penalties and enforcement. An employer that
violates this Act or any rule adopted under this Act shall be
subject to a civil penalty of $2,500 for each separate
offense. An offense means any violation of this Act with the
exception of a violation of the notice requirement in
subsection (c) of Section 20. Any penalties collected from an
employer under this Section or under subsection (d) of Section
20 for violations of this Act shall be deposited into the Paid
Leave for All Workers Fund, a special fund created in the State
treasury that is dedicated to enforcing this Act and the
Family Neonatal Intensive Care Leave Act.
(Source: P.A. 102-1143, eff. 1-1-24.)
Article 10.
Section 10-1. Findings. The General Assembly finds that:
(1) Illinois law recognizes that individuals with
disabilities should have self-determination and retain the
right to make decisions about their own lives and care to the
maximum extent possible.

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(2) Illinois has established, as a bedrock principle of
public policy, that support and protection of persons with
disabilities should be unbiased and free from conflicts of
interest.
(3) Fifty years ago, the Governor's Commission for
Revision of the Mental Health Code of Illinois released its
report recommending revisions to the civil and criminal laws
that advance the rights and interests of persons with
disabilities. The report reflected the work of 36 Commission
members, 47 advisory members, consultants, and staff, engaged
in a process that presented a democratic forum that welded
together the input of many dedicated people into a cohesive
whole.
(4) In 1979, the General Assembly used the recommendations
to address the far-reaching and comprehensive need for
statutory reform that would reflect the historical and
continued progress in the capacity of our people to rise above
prejudice, superstition, and irrational fears, enabling
persons with disabilities to participate more fully in the
total life of our society.
(5) Part of the reform was the establishment of the
Guardianship and Advocacy Commission, which since then has
served as a national leader in protecting the rights and
advancing the rights and interests of persons with
disabilities.
(6) Today, the Guardianship and Advocacy Commission

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provides critical services to some of the most vulnerable
residents of this State in accordance with statutory mandates
that are unmatched by any other single agency in the United
States, including:
(A) serving as court-appointed guardian for nearly
5,000 adults with disabilities when no other suitable
person is available;
(B) providing constitutionally mandated, direct legal
representation in more than 7,000 involuntary mental
health and developmental disability proceedings annually;
and
(C) investigating allegations of disability rights
violations by public and private disability service
providers.
(7) Continued demographic pressures, including the aging
population of this State and the deepening understanding that
persons with disabilities are entitled to full human rights
and equal participation in society, require modernization of
the Guardianship and Advocacy Commission to respond to the
increasing need for its services and the evolving recognition
and affirmation of the inherent dignity, right, and societal
value of persons with disabilities.
Section 10-3. Purpose. It is the purpose of this Act to
support the modernization of the Guardianship and Advocacy
Commission by establishing the Department of Disability

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Advocacy and Guardianship as the successor agency to the
Guardianship and Advocacy Commission. The Department of
Disability Advocacy and Guardianship will maintain and
strengthen this State's commitment to protecting and advancing
the rights of persons with disabilities by retaining the core
statutory duties, authorities, and functions assigned to the
Guardianship and Advocacy Commission while adopting a
governance structure that balances direct accountability with
the independence necessary for effective advocacy.
Section 10-5. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section
50-28 as follows:
(15 ILCS 20/50-28)
Sec. 50-28. Youth Budget Commission.
(a) As used in this Section:
"Adolescent" or "youth" means a person between the ages of
8 and 25 years.
"Commission" means the Youth Budget Commission established
under this Section.
"Service models" include the following tiers of service
delivered to adolescents and their families:
(1) Prevention: support for at-risk youth (deterrence,
prevention of harm, extra supports).
(2) Treatment/intervention: respond to significant

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challenges in need of direct intervention to change,
resolve or reverse behaviors, conditions, or both.
(3) Corrective/rehabilitation: correct or
rehabilitate acute behaviors or conditions that pose a
physical or psychological danger or threat to adolescents.
(4) Positive Youth Development: build individual
assets and increase competencies.
"Youth developmental goals" are defined as the outcomes of
stable, safe, healthy, educated, employable, and connected,
which align with the following Budgeting for Results goals:
(1) Stable: meeting the needs of the most vulnerable;
increasing individual and family stability and
self-sufficiency.
(2) Safe: creating safer communities.
(3) Healthy: improving the overall health of
Illinoisans.
(4) Educated: improving school readiness and student
success for all.
(5) Employable: increasing employment and attracting,
retaining and growing businesses.
(6) Connected: strengthening cultural and
environmental vitality.
(b) Subject to appropriation, the Governor shall establish
the Youth Budget Commission with the goal of producing an
annual fiscal scan. The fiscal scan, under the direction of
the Commission, shall be used to advise the Governor and

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General Assembly, as well as State agencies, on ways to
improve and expand existing policies, services, programs, and
opportunities for adolescents. The Governor's Office of
Management and Budget shall post a link to the fiscal scan on
its website. For fiscal year 2019 and each fiscal year
thereafter, the Commission established under this Section,
shall complete an analysis of enacted State budget items which
directly impact adolescents. This analysis will categorize
budget items by the 6 identified youth developmental goals and
4 service models. The analysis will include State agency
expenditures associated with these categories. General State
Aid and federal funds such as Medicaid will be excluded from
the analysis.
The Commission shall also be responsible for: (1)
monitoring and commenting on existing and proposed legislation
and programs designed to address the needs of adolescents; (2)
assisting State agencies in developing programs, services,
public policies, and research strategies that will expand and
enhance the well-being of adolescents; (3) facilitating the
participation of and representation of adolescents in the
development, implementation, and planning of policies,
programs, and community-based services; and (4) promoting
research efforts to document the impact of policies and
programs on adolescents.
(c) The Commission shall collaborate with State agencies,
including the Illinois State Board of Education, the

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Department of Human Services, the Department of Children and
Family Services, the Department of Commerce and Economic
Opportunity, the Illinois Student Assistance Commission, the
Department of Healthcare and Family Services, the Department
of Public Health, the Illinois Community College Board, the
Department of Juvenile Justice, the Illinois Criminal Justice
Information Authority, the Department of Military Affairs, the
Illinois Arts Council, the Department of Corrections, the
Board of Higher Education, Department of Disability Advocacy
and Illinois Guardianship and Advocacy Commission, Department
on Aging, and others.
(d) The Commission shall be comprised of 15 members
appointed by the Governor. Each member shall have a working
knowledge of youth development, human services, and economic
public policy in Illinois. One chairperson shall be a
representative of a statewide nonprofit children and family
services organization who has previously completed a similar
analysis of the Illinois State budget. The other chairperson
shall be a member of the General Assembly. Of the remaining
members:
(1) at least one member representing an organization
that has expertise in the needs of low-income youth;
(2) at least one member representing an organization
that has expertise in the needs of youth of color;
(3) at least one member representing an organization
that has expertise in the needs of youth who are

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immigrants or are children of immigrants;
(4) at least one member representing an organization
that has expertise in the needs of youth who identify as
LGBTQ, gender non-conforming, or both;
(5) at least one member representing an organization
that has expertise in the needs of youth who are
disconnected from traditional educational systems;
(6) at least one member representing an organization
that has expertise in the needs of youth who are
experiencing homelessness; and
(7) at least one member representing an organization
that has expertise in the needs of youth and young adults
involved with the justice system.
Commission members shall reflect regional representation
to ensure that the needs of adolescents throughout the State
of Illinois are met. Members will serve without compensation,
but shall be reimbursed for Commission-related expenses. Of
the initial members appointed under this Section: 5 members
shall serve for a 3-year term; 5 members shall serve for a
4-year term; and 5 members shall serve for a 5-year term. Their
successors shall serve for 5-year terms.
(e) The Governor's Office of Management and Budget shall
provide administrative support to the Commission.
(Source: P.A. 100-818, eff. 8-13-18.)
Section 10-10. The Youth Homelessness Prevention

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Subcommittee Act is amended by changing Section 20 as follows:
(15 ILCS 60/20)
Sec. 20. Membership. The Youth Homelessness Prevention
Subcommittee shall include the following members:
(1) One representative from the Governor's office.
(2) The Director of the Department of Children and
Family Services.
(3) The Director of the Department of Healthcare and
Family Services.
(4) The Secretary of the Department of Human Services.
(5) The Director of the Department of Juvenile
Justice.
(6) The Director of the Department of Corrections.
(7) The Director of the Department of Public Health.
(8) The Director of the Department of Disability
Advocacy and Guardianship and Advocacy Commission.
(9) Four representatives from agencies serving
homeless youth.
(10) One representative from a homeless advocacy
organization.
(11) One representative from a juvenile justice
advocacy organization.
(12) Four youth who have a lived experience with
homelessness.
(Source: P.A. 101-98, eff. 1-1-20.)

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Section 10-15. The Civil Administrative Code of Illinois
is amended by changing Sections 5-15 and 5-20 and by adding
Sections 5-218, 5-348, and 5-543 as follows:
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Disability Advocacy and
Guardianship.
The Department of Early Childhood.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional
Regulation.
The Department of Healthcare and Family Services.
The Department of Human Rights.
The Department of Human Services.
The Department of Innovation and Technology.
The Department of Insurance.

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The Department of Juvenile Justice.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Revenue.
The Illinois State Police.
The Department of Transportation.
The Department of Veterans Affairs.
(Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall
have an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the
Civil Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.

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Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of Disability Advocacy and Guardianship, for
the Department of Disability Advocacy and Guardianship.
Director of the Illinois Emergency Management Agency,
for the Illinois Emergency Management Agency.
Secretary of Early Childhood, for the Department of
Early Childhood.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation,
for the Department of Financial and Professional
Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of
Human Services.
Secretary of Innovation and Technology, for the
Department of Innovation and Technology.
Director of Insurance, for the Department of
Insurance.
Director of Juvenile Justice, for the Department of

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Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the
Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of
Public Health.
Director of Revenue, for the Department of Revenue.
Director of the Illinois State Police, for the
Illinois State Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans Affairs, for the Department of
Veterans Affairs.
(Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)
(20 ILCS 5/5-218 new)
Sec. 5-218. Director of Disability Advocacy and
Guardianship. The Director of Disability Advocacy and
Guardianship shall be a person thoroughly conversant with the
purposes of the Guardianship and Advocacy Act, actively
interested in the development of programs to advocate for
individuals with disabilities, and not affiliated with any
entity that provides services to individuals with
disabilities.

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(20 ILCS 5/5-348 new)
Sec. 5-348. In the Department of Disability Advocacy and
Guardianship. For terms beginning on or after July 1, 2027,
the Director of Disability Advocacy and Guardianship shall
receive an annual salary of $197,000 or as set by the Governor,
whichever is higher. On each July 1 thereafter, the Director
shall receive an increase in salary based on a cost-of-living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly.
(20 ILCS 5/5-543 new)
Sec. 5-543. In the Department of Disability Advocacy and
Guardianship. A Disability Advocacy and Guardianship Advisory
Council composed and appointed as provided in the Guardianship
and Advocacy Act.
Section 10-20. The Department of Innovation and Technology
Act is amended by changing Section 1-5 as follows:
(20 ILCS 1370/1-5)
Sec. 1-5. Definitions. In this Act:
"Dedicated unit" means the dedicated bureau, division,
office, or other unit within a transferred agency that is
responsible for the information technology functions of the
transferred agency.

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"Department" means the Department of Innovation and
Technology.
"Information technology" means technology,
infrastructure, equipment, systems, software, networks, and
processes used to create, send, receive, and store electronic
or digital information, including, without limitation,
computer systems and telecommunication services and systems.
"Information technology" shall be construed broadly to
incorporate future technologies that change or supplant those
in effect as of the effective date of this Act.
"Information technology functions" means the development,
procurement, installation, retention, maintenance, operation,
possession, storage, and related functions of all information
technology.
"Secretary" means the Secretary of Innovation and
Technology.
"State agency" means each State agency, department, board,
and commission under the jurisdiction of the Governor to which
the Department provides services.
"Transferred agency" means the Department on Aging; the
Departments of Agriculture, Central Management Services,
Children and Family Services, Commerce and Economic
Opportunity, Corrections, Employment Security, Financial and
Professional Regulation, Healthcare and Family Services, Human
Rights, Human Services, Insurance, Juvenile Justice, Labor,
Lottery, Military Affairs, Natural Resources, Public Health,

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Revenue, Transportation, and Veterans' Affairs; the Illinois
State Police; the Capital Development Board; the Deaf and Hard
of Hearing Commission; the Environmental Protection Agency;
the Governor's Office of Management and Budget; the Department
of Disability Advocacy and Guardianship and Advocacy
Commission; the Abraham Lincoln Presidential Library and
Museum; the Illinois Arts Council; the Illinois Council on
Developmental Disabilities; the Illinois Emergency Management
Agency; the Illinois Gaming Board; the Illinois Liquor Control
Commission; the Office of the State Fire Marshal; the Prisoner
Review Board; and the Department of Early Childhood.
(Source: P.A. 103-588, eff. 6-5-24; 104-195, eff. 1-1-26.)
Section 10-25. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 4.3 and 14 as follows:
(20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)
Sec. 4.3. Site visits and inspections.
(a) (Blank).
(b) The Department shall establish a system of regular and
ongoing on-site inspections that shall occur at least annually
of each facility under its jurisdiction. The inspections shall
be conducted by the Department's central office to:
(1) Determine facility compliance with Department
policies and procedures;

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(2) Determine facility compliance with audit
recommendations;
(3) Evaluate facility compliance with applicable
federal standards;
(4) Review and follow up on complaints made by
community mental health agencies and advocates, and on
findings of the Division of Disability Human Rights and
Protections Authority division of the Department of
Disability Advocacy and Guardianship and Advocacy
Commission;
(5) Review administrative and management problems
identified by other sources; and
(6) Identify and prevent abuse and neglect.
(Source: P.A. 95-427, eff. 1-1-08.)
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
Sec. 14. Chester Mental Health Center. To maintain and
operate a facility for the care, custody, and treatment of
persons with mental illness or habilitation of persons with
developmental disabilities hereinafter designated, to be known
as the Chester Mental Health Center.
Within the Chester Mental Health Center there shall be
confined the following classes of persons, whose history, in
the opinion of the Department, discloses dangerous or violent
tendencies and who, upon examination under the direction of
the Department, have been found a fit subject for confinement

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in that facility:
(a) Any male person who is charged with the commission
of a crime but has been acquitted by reason of insanity as
provided in Section 5-2-4 of the Unified Code of
Corrections.
(b) Any male person who is charged with the commission
of a crime but has been found unfit under Article 104 of
the Code of Criminal Procedure of 1963.
(c) Any male person with mental illness or
developmental disabilities or person in need of mental
treatment now confined under the supervision of the
Department or hereafter admitted to any facility thereof
or committed thereto by any court of competent
jurisdiction.
If and when it shall appear to the facility director of the
Chester Mental Health Center that it is necessary to confine
persons in order to maintain security or provide for the
protection and safety of recipients and staff, the Chester
Mental Health Center may confine all persons on a unit to their
rooms. This period of confinement shall not exceed 10 hours in
a 24-hour 24 hour period, including the recipient's scheduled
hours of sleep, unless approved by the Secretary of the
Department. During the period of confinement, the persons
confined shall be observed at least every 15 minutes. A record
shall be kept of the observations. This confinement shall not
be considered seclusion as defined in the Mental Health and

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Developmental Disabilities Code.
The facility director of the Chester Mental Health Center
may authorize the temporary use of handcuffs on a recipient
for a period not to exceed 10 minutes when necessary in the
course of transport of the recipient within the facility to
maintain custody or security. Use of handcuffs is subject to
the provisions of Section 2-108 of the Mental Health and
Developmental Disabilities Code. The facility shall keep a
monthly record listing each instance in which handcuffs are
used, circumstances indicating the need for use of handcuffs,
and time of application of handcuffs and time of release
therefrom. The facility director shall allow the Department of
Disability Advocacy and Illinois Guardianship and Advocacy
Commission, the agency designated by the Governor under
Section 1 of the Protection and Advocacy for Persons with
Developmental Disabilities Act, and the Department to examine
and copy such record upon request.
The facility director of the Chester Mental Health Center
may authorize the temporary use of transport devices on a
civil recipient when necessary in the course of transport of
the civil recipient outside the facility to maintain custody
or security. The decision whether to use any transport devices
shall be reviewed and approved on an individualized basis by a
physician, an advanced practice registered nurse, or a
physician assistant based upon a determination of the civil
recipient's: (1) history of violence, (2) history of violence

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during transports, (3) history of escapes and escape attempts,
(4) history of trauma, (5) history of incidents of restraint
or seclusion and use of involuntary medication, (6) current
functioning level and medical status, and (7) prior experience
during similar transports, and the length, duration, and
purpose of the transport. The least restrictive transport
device consistent with the individual's need shall be used.
Staff transporting the individual shall be trained in the use
of the transport devices, recognizing and responding to a
person in distress, and shall observe and monitor the
individual while being transported. The facility shall keep a
monthly record listing all transports, including those
transports for which use of transport devices was not sought,
those for which use of transport devices was sought but
denied, and each instance in which transport devices are used,
circumstances indicating the need for use of transport
devices, time of application of transport devices, time of
release from those devices, and any adverse events. The
facility director shall allow the Department of Disability
Advocacy and Illinois Guardianship and Advocacy Commission,
the agency designated by the Governor under Section 1 of the
Protection and Advocacy for Persons with Developmental
Disabilities Act, and the Department to examine and copy the
record upon request. This use of transport devices shall not
be considered restraint as defined in the Mental Health and
Developmental Disabilities Code. For the purpose of this

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Section "transport device" means ankle cuffs, handcuffs, waist
chains or wrist-waist devices designed to restrict an
individual's range of motion while being transported. These
devices must be approved by the Division of Mental Health,
used in accordance with the manufacturer's instructions, and
used only by qualified staff members who have completed all
training required to be eligible to transport patients and all
other required training relating to the safe use and
application of transport devices, including recognizing and
responding to signs of distress in an individual whose
movement is being restricted by a transport device.
If and when it shall appear to the satisfaction of the
Department that any person confined in the Chester Mental
Health Center is not or has ceased to be such a source of
danger to the public as to require his subjection to the
regimen of the center, the Department is hereby authorized to
transfer such person to any State facility for treatment of
persons with mental illness or habilitation of persons with
developmental disabilities, as the nature of the individual
case may require.
Subject to the provisions of this Section, the Department,
except where otherwise provided by law, shall, with respect to
the management, conduct and control of the Chester Mental
Health Center and the discipline, custody and treatment of the
persons confined therein, have and exercise the same rights
and powers as are vested by law in the Department with respect

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to any and all of the State facilities for treatment of persons
with mental illness or habilitation of persons with
developmental disabilities, and the recipients thereof, and
shall be subject to the same duties as are imposed by law upon
the Department with respect to such facilities and the
recipients thereof.
The Department may elect to place persons who have been
ordered by the court to be detained under the Sexually Violent
Persons Commitment Act in a distinct portion of the Chester
Mental Health Center. The persons so placed shall be separated
and shall not commingle comingle with the recipients of the
Chester Mental Health Center. The portion of Chester Mental
Health Center that is used for the persons detained under the
Sexually Violent Persons Commitment Act shall not be a part of
the mental health facility for the enforcement and
implementation of the Mental Health and Developmental
Disabilities Code nor shall their care and treatment be
subject to the provisions of the Mental Health and
Developmental Disabilities Code. The changes added to this
Section by this amendatory Act of the 98th General Assembly
are inoperative on and after June 30, 2015.
(Source: P.A. 99-143, eff. 7-27-15; 99-581, eff. 1-1-17;
100-513, eff. 1-1-18.)
Section 10-30. The Guardianship and Advocacy Act is
amended by changing the title of the Act and Sections 2, 3, 4,

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5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 30, 31, 32, 33.5, 34, and 36 as
follows:
(20 ILCS 3955/Act title)
An Act concerning the Department of Disability Advocacy
and Guardianship, created to safeguard the rights of and
advocate for persons with disabilities to create the
Guardianship and Advocacy Commission, to safeguard the rights
and to provide legal counsel and representation for eligible
persons and to create the Office of State Guardian for persons
with disabilities.
(20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)
Sec. 2. As used in this Act, unless the context requires
otherwise:
"Advisory Council" means the Disability Advocacy and
Guardianship Advisory Council created by Section 5-543 of the
Civil Administrative Code of Illinois.
(a) "Authority" means a Human Rights Authority.
(b) "Department Commission" means the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
(c) "Director" means the Director of the Department
Guardianship and Advocacy Commission.
(d) "Guardian" means a court-appointed court appointed
guardian for an adult or conservator.

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(e) "Services" includes but is not limited to examination,
diagnosis, evaluation, treatment, care, training,
psychotherapy, pharmaceuticals, after-care, habilitation, and
rehabilitation provided for an eligible person.
(f) "Person" means an individual, corporation,
partnership, association, unincorporated organization, or a
government or any subdivision, agency, or instrumentality
thereof.
(g) "Eligible persons" means individuals who have
received, are receiving, have requested, or may be in need of
mental health services, or are "persons with a "developmental
disability" as defined in the federal Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002(8)) Services and Facilities Construction Act
(Public Law 94-103, Title II), as now or hereafter amended, or
"persons "with one or more disabilities" as defined in the
Rehabilitation of Persons with Disabilities Act.
"Regional board" means a regional board of the Division of
Disability Rights and Protections.
(h) "Rights" includes but is not limited to all rights,
benefits, and privileges guaranteed by law, the Constitution
of the State of Illinois, and the Constitution of the United
States.
(i) "Legal Advocacy Service attorney" means an attorney
employed by or under contract with the Division of Legal
Advocacy Service.

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(j) "Service provider" means any public or private
facility, center, hospital, clinic, program, or any other
person devoted in whole or in part to providing services to
eligible persons.
(k) "State Guardian" means the Division Office of State
Guardian.
(l) "Ward" means a ward as defined by the Probate Act of
1975, as now or hereafter amended, who is at least 18 years of
age.
(Source: P.A. 99-143, eff. 7-27-15.)
(20 ILCS 3955/3) (from Ch. 91 1/2, par. 703)
Sec. 3. The Department of Disability Advocacy and
Guardianship and Advocacy Commission is hereby created as an
executive agency of state government. The Division of Legal
Advocacy Service, the Division of Disability Rights and
Protections, Human Rights Authority and the Division Office of
State Guardian shall be established as divisions of the
Department Commission.
(Source: P.A. 80-1487.)
(20 ILCS 3955/4) (from Ch. 91 1/2, par. 704)
Sec. 4. (a) The Advisory Council Commission shall consist
of 11 members, one of whom shall be a senior citizen age 60 or
over, who shall be appointed by the Governor, with the advice
and consent of the Senate, taking into account the

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requirements of State and federal statutes. At least one
member of the Advisory Council shall be a senior citizen age 60
or older. At least one member shall be a person with one or
more disabilities or members of their families who receive
services and support as required under Section 15 of the
Persons with Disabilities on State Agency Boards Act. All
appointments shall be filed with the Secretary of State by the
appointing authority , with the advice and consent of the
Senate.
All appointments shall be filed with the Secretary of
State by the appointing authority.
(b) The terms of the original members of the Advisory
Council shall be the immediate former members of the
Guardianship and Advocacy Commission serving an unexpired term
on the Guardianship and Advocacy Commission on the day before
the effective date of the changes made to this Section by this
amendatory Act of the 104th General Assembly, who shall
continue to serve out their immediate terms on the Advisory
Council and may serve up to 2 full consecutive terms
thereafter. Any terms as a member of the Guardianship and
Advocacy Commission immediately preceding the creation of the
Department shall be considered in determining term limits. The
terms shall be 3 years beginning on July 1, with each member
serving no more than 2 full consecutive terms. All terms shall
continue until a successor is appointed 3 one year terms, 3 two
year terms, and 3 three year terms, all terms to continue until

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a successor is appointed and qualified. The length of the
terms of the original members shall be drawn by lot of the
first meeting held by the Commission. The members first
appointed under this amendatory Act of 1984 shall serve for a
term of 3 years. Thereafter all terms shall be for 3 years,
with each member serving no more than 2 consecutive terms.
Vacancies in the membership are to be filled in the same manner
as original appointments. Appointments to fill vacancies
occurring before the expiration of a term are for the
remainder of the unexpired term. A member of the Commission
shall serve for a term ending on June 30 and until his
successor is appointed and qualified.
(c) The Advisory Council Commission shall annually elect a
Chair and a Vice-Chair Chairman and any other officers it
deems necessary. The Advisory Council Commission shall meet at
least once every 3 times annually. A majority of the members of
the Advisory Council, excluding vacancies, constitutes a
quorum months with the times and places of meetings determined
by the Chairman. Additional meetings may be called by the
Chairman upon written notice 7 days before the meeting or by
written petition of 5 members to the Chairman. Six members of
the Commission constitute a quorum.
(d) Members of the Advisory Council Commission are not
entitled to compensation but shall receive reimbursement for
actual expenses incurred in the performance of their duties.
(e) The Advisory Council shall advise and make

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recommendations to the Department for the development of
policies and operations that will aid in carrying out the
purposes of this Act.
(Source: P.A. 83-1538.)
(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
Sec. 5. (a) The Department Commission shall establish
throughout the State such regions as it considers appropriate
to effectuate the purposes of the Division of Disability
Rights and Protections Authority under this Act, taking into
account the requirements of State and federal statutes;
population; civic, health and social service boundaries; and
other pertinent factors.
(b) The Department may Commission shall act through its
divisions as provided in this Act.
(c) The Department Commission shall establish general
policy guidelines for the operation of the Division of Legal
Advocacy Service, the Division of Disability Human Rights and
Protections, Authority and the Division of State Guardian in
furtherance of this Act. The policy guidelines shall ensure
that each division makes decisions with an appropriate level
of independence. Any action taken by a regional board
authority is subject to the review and approval of the
Director Commission. The Director Commission, acting on a
request from the Director, may disapprove any action of a
regional board authority, in which case the regional board

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authority shall cease such action.
(d) The Director Commission shall hire a Director and
staff to carry out the powers and duties of the Department
Commission and its divisions pursuant to this Act and the
rules and regulations promulgated by the Department
Commission. All staff, other than the Director, shall be
subject to the Personnel Code.
(e) (Blank). The Commission shall review and evaluate the
operations of the divisions.
(f) The Department Commission shall operate subject to the
provisions of the Illinois Procurement Code.
(g) The Department Commission shall prepare its budget.
(h) The Department Commission shall prepare an annual
report on its operations and submit the report to the Governor
and 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.
(i) The Department Commission shall establish rules and
regulations for the conduct of the work of its divisions,
including rules and regulations for the Division of Legal
Advocacy Service and the Division of State Guardian in
evaluating an eligible person's or ward's financial resources

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for the purpose of determining whether the eligible person or
ward has the ability to pay for legal or guardianship services
received. The determination of the eligible person's financial
ability to pay for legal services shall be based upon the
number of dependents in the eligible person's family unit and
the income, liquid assets and necessary expenses, as
prescribed by rule of the Department Commission of: (1) the
eligible person; (2) the eligible person's spouse; and (3) the
parents of minor eligible persons. The determination of a
ward's ability to pay for guardianship services shall be based
upon the ward's estate. An eligible person or ward found to
have sufficient financial resources shall be required to pay
the Department Commission in accordance with standards
established by the Department Commission. No fees may be
charged for legal services given unless the eligible person is
given notice at the start of such services that such fees might
be charged. No fees may be charged for guardianship services
given unless the ward is given notice of the request for fees
filed with the probate court and the court approves the amount
of fees to be assessed. All fees collected shall be deposited
with the State Treasurer and placed in the Guardianship and
Advocacy Fund. The Department Commission shall establish rules
and regulations regarding the procedures of appeal for clients
prior to termination or suspension of legal services. Such
rules and regulations shall include, but not be limited to,
client notification procedures prior to the actual

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termination, the scope of issues subject to appeal, and
procedures specifying when a final administrative decision is
made.
(j) The Department Commission shall take such actions as
it deems necessary and appropriate to receive private, federal
and other public funds to help support the divisions and to
safeguard the rights of eligible persons. Private funds and
property may be accepted, held, maintained, administered and
disposed of by the Department Commission, as trustee, for such
purposes for the benefit of the People of the State of Illinois
pursuant to the terms of the instrument granting the funds or
property to the Department Commission.
(k) The Department Commission may expend funds under the
State's plan to protect and advocate the rights of persons
with a developmental disability established under the federal
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 Services and Facilities Construction Act (Public Law
94-103, Title II). If the Governor designates the Department
Commission to be the organization or agency to provide the
services called for in the State plan, the Department
Commission shall make these protection and advocacy services
available to persons with a developmental disability by
referral or by contracting for these services to the extent
practicable. If the Department Commission is unable to so make
available such protection and advocacy services, it shall
provide them through persons in its own employ.

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(l) The Department Commission shall, to the extent funds
are available, monitor issues concerning the rights of
eligible persons and the care and treatment provided to those
persons, including but not limited to the incidence of abuse
or neglect of eligible persons. For purposes of that
monitoring the Department Commission shall have access to
reports of suspected abuse or neglect and information
regarding the disposition of such reports, subject to the
provisions of the Mental Health and Developmental Disabilities
Confidentiality Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(20 ILCS 3955/6) (from Ch. 91 1/2, par. 706)
Sec. 6. (a) The Department Commission may recommend to any
State agency or service provider regulations or procedures for
the purpose of safeguarding the rights of eligible persons.
The State agency or service provider shall notify the
Department Commission, within 60 days of the receipt of the
recommendations, of the action taken thereon and the reason
therefor. The Department Commission shall not make
recommendations that which interfere with the proper practice
of medical or other professions.
(b) The Department Commission may recommend to the General
Assembly legislation for the purpose of safeguarding the
rights of eligible persons.
(c) The Department Commission may take any other action as

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may be reasonable to carry out the purposes of this Act.
(Source: P.A. 80-1487.)
(20 ILCS 3955/7) (from Ch. 91 1/2, par. 707)
Sec. 7. The Director shall:
(1) carry out the policies and programs of the
Department; Commission and
(2) coordinate the activities of the its divisions of
the Department; and may delegate to the Human Rights
Authority Director any duties described in Sections 14,
15, and 16 of this Act.
(3) organize and administer programs to provide legal
counsel and representation for eligible persons to ensure
that their legal rights are protected;
(4) examine and delineate the needs of eligible
persons for legal counsel and representation and the
resources necessary to meet those needs, subject to the
approval of the Department; and
(5) institute or cause to be instituted legal
proceedings as may be necessary to enforce and give effect
to any of the duties or powers of the Department or its
divisions.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/8) (from Ch. 91 1/2, par. 708)
Sec. 8. The Director may delegate to employees of the

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Department any of the duties described in Section 7 of this
Act. shall:
(1) Organize and administer programs to provide legal
counsel and representation for eligible persons so as to
ensure that their legal rights are protected;
(2) Examine and delineate the needs of eligible persons
for legal counsel and representation and the resources
necessary to meet those needs, subject to the approval of the
Commission; and
(3) Institute or cause to be instituted such legal
proceedings as may be necessary to enforce and give effect to
any of the duties or powers of the Commission or its divisions.
(Source: P.A. 80-1487.)
(20 ILCS 3955/10) (from Ch. 91 1/2, par. 710)
Sec. 10. The Division of Legal Advocacy Service shall:
(1) Make available legal counsel to eligible persons in
judicial proceedings arising out of the "Mental Health and
Developmental Disabilities Code", enacted by the Eightieth
General Assembly, as now or hereafter amended, including but
not limited to admission, civil commitment, involuntary
treatment, legal competency and discharge;
(2) Make available or provide legal counsel and
representation to eligible persons to enforce rights or duties
arising out of any mental health or related laws, local, State
or federal.

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(Source: P.A. 80-1487.)
(20 ILCS 3955/11) (from Ch. 91 1/2, par. 711)
Sec. 11. The Division of Legal Advocacy Service shall make
available counsel for eligible persons by referral or by
contracting for legal services to the extent practicable. The
Division of Legal Advocacy Service shall make a good faith
effort to assist eligible persons to engage private counsel,
and to contact private counsel for eligible persons whose
disabilities limit their capacity to independently contact
private counsel. If the Division of Legal Advocacy Service is
unable to so make available counsel, it shall provide
attorneys in its own employ. Taking into consideration the
availability of private counsel in the eligible person's local
area, the Department Commission shall establish, by rule, the
standards and procedures by which it will attempt to assist
eligible persons to engage private counsel.
(Source: P.A. 84-1358.)
(20 ILCS 3955/12) (from Ch. 91 1/2, par. 712)
Sec. 12. A Legal Advocacy Service attorney shall:
(1) have ready access to view and copy all mental health
records pertaining to his client, as provided in the "Mental
Health and Developmental Disabilities Confidentiality Act",
enacted by the Eightieth General Assembly, as now or hereafter
amended, and such other records to which he is permitted

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access; and
(2) have the opportunity to consult with his client
whenever necessary for the performance of his duties. Service
providers shall provide adequate space and privacy for the
purpose of attorney-client consultation. No attorney shall
have the right to visit eligible persons or look at their
records for the purpose of soliciting cases for
representation.
(Source: P.A. 80-1487.)
(20 ILCS 3955/13) (from Ch. 91 1/2, par. 713)
Sec. 13. Nothing in this Act shall be construed to
prohibit an eligible person from being represented by
privately retained counsel or from waiving his right to an
attorney in proceedings under the "Mental Health and
Developmental Disabilities Code", approved by the Eightieth
General Assembly, as now or hereafter amended, or as otherwise
provided by law. If a Legal Advocacy Service attorney has been
appointed by a court and the eligible person secures his own
counsel or is permitted to self-represent, the court shall
discharge the Legal Advocacy Service attorney.
(Source: P.A. 80-1487.)
(20 ILCS 3955/14) (from Ch. 91 1/2, par. 714)
Sec. 14. Each regional board authority shall consist of at
least 7 members and no more than 9 members appointed by the

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Director, in accordance with this Section. Each regional board
authority shall include insofar as possible one professionally
knowledgeable and broadly experienced employee or officer of a
provider of each of the following services: mental health,
developmental disabilities, and vocational rehabilitation. No
other employee or officer of a service provider shall be
appointed to a regional board authority. In making
appointments, the Director shall strive to ensure
representation of minority groups and of eligible persons, and
shall give due consideration to recommendations of persons and
groups assisting eligible persons. The Director may remove for
incompetence, neglect of duty, or malfeasance in office any
member of a regional board authority. Each member of a
regional board shall become a member of a regional board while
retaining the existing end date of the member's current term.
All terms shall be for 3 years, with each member serving no
more than 2 consecutive terms, including terms as a member of a
regional authority of the Guardianship and Advocacy Commission
immediately preceding the creation of the Department. No
member shall serve for more than 2 full consecutive 3-year
terms. A quorum shall consist of a majority of appointed
members, excluding vacancies All actions taken by the Director
to appoint or remove members shall be reported to the
Commission at the next scheduled Commission meeting.
Each regional board authority shall annually elect a Chair
chairman and any other officers it deems necessary. Members of

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the regional authorities shall serve for a term of 3 years,
except that the terms of the first appointees shall be as
follows: 3 members serving for a 1 year term; 3 members serving
for a 2 year term; and 3 members serving for a 3 year term.
Assignment of terms of such first appointees shall be by lot.
No member shall serve for more than 2 consecutive 3 year terms.
A quorum shall consist of a majority of appointed members.
Vacancies in the regional board authorities shall be
filled by the Director. Appointments to fill vacancies
occurring before the expiration of a term are for the
remainder of the unexpired term in the same manner as original
appointments.
Members of the regional board authorities shall serve
without compensation but shall be reimbursed for actual
expenses incurred in the performance of their duties.
Each regional board authority shall meet not less than
once every 2 months. Meetings may also be held upon call of the
Regional Chair Chairman or upon written request of a majority
of the appointed any 5 members of the regional board,
excluding vacancies authority.
(Source: P.A. 104-273, eff. 1-1-26.)
(20 ILCS 3955/15) (from Ch. 91 1/2, par. 715)
Sec. 15. A regional board that authority which receives a
complaint alleging that the rights of an eligible person have
been violated in the region in which the regional board

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authority sits, shall conduct an investigation unless it
determines that the complaint is frivolous or beyond the scope
of its authority or competence, or unless the Director finds
that a conflict of interest exists and directs another
regional board authority to conduct the investigation. The
regional board authority shall inform the complainant of
whether it will conduct an investigation, and if not, the
reason therefor. The regional board authority may advise a
complainant as to other remedies which may be available.
Reassignments of investigations for conflicts of interest and
refusals to investigate shall be reviewed and approved by the
Director and the Director may seek direction from the
Commission.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/16) (from Ch. 91 1/2, par. 716)
Sec. 16. A regional board authority may conduct
investigations upon its own initiative if it has reason to
believe that the rights of an eligible person have been
violated in the region in which the regional board authority
sits, unless the Director finds that a conflict of interest
exists and directs another regional board authority to conduct
the investigation.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/17) (from Ch. 91 1/2, par. 717)

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Sec. 17. In the course of an investigation, a regional
board authority may enter and inspect the premises of a
service provider or State agency and question privately any
person therein within reasonable limits and in a reasonable
manner. Whenever possible, prior notice shall be given the
parties regarding the nature, location, and persons involved
in a particular investigation.
(Source: P.A. 80-1416.)
(20 ILCS 3955/18) (from Ch. 91 1/2, par. 718)
Sec. 18. In the course of an investigation, a regional
board authority may inspect and copy any materials relevant to
the investigation in the possession of a service provider or
state agency. However, a regional board authority may not
inspect or copy materials containing personally identifiable
data which cannot can not be removed without imposing an
unreasonable burden on the service provider or State agency,
except as provided herein. The regional board authority shall
give written notice to the person entitled to give consent for
the identifiable eligible person under Section 5 of the
"Mental Health and Developmental Disabilities Confidentiality
Act", enacted by the Eightieth General Assembly, as now or
hereafter amended, or under any other relevant law, that it is
conducting an investigation and indicating the nature and
purpose of the investigation and the need to inspect and copy
materials containing data that identifies the eligible person.

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If the person notified objects in writing to such inspection
and copying, the regional board authority may not inspect or
copy such materials. The service provider or State agency may
not object on behalf of an eligible person.
(Source: P.A. 80-1487.)
(20 ILCS 3955/19) (from Ch. 91 1/2, par. 719)
Sec. 19. No regional board authority may disclose to any
person any materials which identify an eligible person unless
the eligible person or legally authorized person consents to
such disclosure, except if and to the extent that disclosure
may be necessary for the appointment of a guardian for such
eligible person.
(Source: P.A. 80-1487.)
(20 ILCS 3955/20) (from Ch. 91 1/2, par. 720)
Sec. 20. A regional board authority may conduct hearings
and compel by subpoena the attendance and testimony of such
witnesses and the production of such materials as are
necessary or desirable for its investigation.
(Source: P.A. 80-1487.)
(20 ILCS 3955/21) (from Ch. 91 1/2, par. 721)
Sec. 21. A regional board authority may, subject to the
provisions of the Open Meetings Act, conduct closed meetings
and hearings when necessary to ensure confidentiality or to

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protect the rights of any eligible person or provider of
services or other person. However, it shall make public a
summary of business conducted during any such meeting or
hearing. Such summary shall not contain personally
identifiable data.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/22) (from Ch. 91 1/2, par. 722)
Sec. 22. During the course of an investigation, the
regional board authority shall periodically inform the
complainant, or provider and any eligible person involved of
the status of the investigation.
(Source: P.A. 80-1487.)
(20 ILCS 3955/23) (from Ch. 91 1/2, par. 723)
Sec. 23. If a regional board authority finds that:
A. a matter should be further considered;
B. an act investigated should be modified or cancelled;
C. a statute or regulation should be altered;
D. reasons should be given for an act; or
E. any other action should be taken;
it shall report its recommendations to the State agency,
service provider or other person investigated. Such person
investigated shall notify the regional board authority, within
30 days of the receipt of such recommendations, of the action
taken thereon and the reason therefor.

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(Source: P.A. 80-1416.)
(20 ILCS 3955/24) (from Ch. 91 1/2, par. 724)
Sec. 24. If a regional board authority determines that
further action is required, it may refer a matter to the
Director Commission or another division of the Department
thereof, and any federal, State, or local agency, or other
persons, as it may deem appropriate and as approved by the
Director , as it may deem appropriate and as approved by the
Director.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/25) (from Ch. 91 1/2, par. 725)
Sec. 25. Within 10 days of the completion of its
investigation, the regional board authority shall inform the
complainant and the eligible person involved of the outcome of
its investigation and of any action taken thereon.
(Source: P.A. 80-1487.)
(20 ILCS 3955/26) (from Ch. 91 1/2, par. 726)
Sec. 26. Subject to the provisions of Section 19, a
regional board authority may make public its findings and
recommendations. It shall include in any such public statement
any reply made by the State agency, service provider, or other
person investigated that has requested that the reply be so
included. The State agency, service provider, or other person

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investigated provider or person shall have opportunity to
review and object to any proposed public findings and
recommendations. If the State agency, service provider, or
other person investigated requests, the objections shall be
included with public findings and recommendations issued by
the regional board authority in the this matter.
(Source: P.A. 80-1416.)
(20 ILCS 3955/27) (from Ch. 91 1/2, par. 727)
Sec. 27. A regional board authority may, by acting through
the Director, propose to the Department Commission legislation
for the purpose of safeguarding the rights of eligible
persons.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/28) (from Ch. 91 1/2, par. 728)
Sec. 28. A regional board authority may take such other
action as may be reasonable and appropriate to carry out the
purposes of this Act.
(Source: P.A. 80-1416.)
(20 ILCS 3955/30) (from Ch. 91 1/2, par. 730)
Sec. 30. When appointed by the court pursuant to the
"Probate Act of 1975", approved August 7, 1975, as now or
hereafter amended, the Division of State Guardian shall serve
as guardian, either plenary or limited; temporary guardian;

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testamentary guardian; or successor guardian; of the person or
the estate, or both, of a ward. If nomination is testamentary
the Division of State Guardian shall be notified in writing at
the time of the death of the testator. The Division Office of
State Guardian may file a petition for its own appointment, or
for the appointment of any other person, if the Division of
State Guardian determines that the filing of the petition may
avoid the need for State guardianship. In addition, the
Division of State Guardian may assist the court, as the court
may request, in proceedings for the appointment of a guardian
and in the supervision of persons and agencies which have been
appointed as guardians.
(Source: P.A. 89-396, eff. 8-20-95.)
(20 ILCS 3955/31) (from Ch. 91 1/2, par. 731)
Sec. 31. Appointment; availability of Division of State
Guardian; available private guardian.
(a) The Division of State Guardian shall not be appointed
if another suitable person is available and willing to accept
the guardianship appointment. In all cases where a court
appoints the Division of State Guardian, the court shall
indicate in the order appointing the guardian as a finding of
fact that no other suitable and willing person could be found
to accept the guardianship appointment. On and after the
effective date of the this amendatory Act of the 97th General
Assembly, the court shall also indicate in the order, as a

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finding of fact, the reasons that the Division of State
Guardian appointment, rather than the appointment of another
interested party, is required. This requirement shall be
waived where the Division Office of State Guardian petitions
for its own appointment as guardian.
(b) In all cases in which the Division of State Guardian
has been appointed to prior to or after the effective date of
the changes made to this Section by this amendatory Act of the
104th General Assembly, the Division of State Guardian shall
be recognized as a division of the Department. Any reference
in law, regulation, order, or appointment to the State
Guardian or Office of State Guardian as a division of the
Guardianship and Advocacy Commission shall be deemed to refer
to the State Guardian as a division of the Department of
Disability Advocacy and Guardianship. This subsection applies
retroactively and prospectively to all appointments, actions,
and proceedings involving the State Guardian or its wards.
(Source: P.A. 97-1093, eff. 1-1-13.)
(20 ILCS 3955/32) (from Ch. 91 1/2, par. 732)
Sec. 32. The Division of State Guardian shall have the
same powers and duties as a private guardian as provided in
Article XIa of the Probate Act of 1975, approved August 7,
1975. The State Guardian shall not provide direct residential
services to its wards. The State Guardian shall visit and
consult with its wards at least four times a year for as long

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as the guardianship continues.
(Source: P.A. 80-1416.)
(20 ILCS 3955/33.5)
Sec. 33.5. Guardianship training program. The State
Guardian shall provide a training program that outlines the
duties and responsibilities of guardians appointed under
Article XIa of the Probate Act of 1975. The training program
shall be offered to courts at no cost, and shall outline the
duties responsibilities of a guardian and the rights of a
person under guardianship. The training program shall have 2
components: one for guardians of the person and another for
guardians of the estate. The State Guardian shall determine
the content of the training. The component for guardians of
the person shall include content regarding Alzheimer's disease
and dementia, including, but not limited to, the following
topics: effective communication strategies; best practices for
interacting with people living with Alzheimer's disease or
related forms of dementia; and strategies for supporting
people living with Alzheimer's disease or related forms of
dementia in exercising their rights. In developing the
training program content, the State Guardian shall consult
with the courts, State and national guardianship
organizations, public guardians, advocacy organizations, and
persons and family members with direct experience with adult
guardianship. In the preparation and dissemination of training

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materials, the State Guardian shall give due consideration to
making the training materials accessible to persons with
disabilities.
(Source: P.A. 103-64, eff. 1-1-24; 104-237, eff. 1-1-26.)
(20 ILCS 3955/34) (from Ch. 91 1/2, par. 734)
Sec. 34. A person, including a private citizen or employee
of a service provider, who, in good faith, files a complaint
with or provides information to the Department or any of its
divisions Commission or any division thereof, including
private citizens and employees of service providers, shall not
be subject to any penalties, sanctions, or restrictions as a
consequence of filing the complaint or providing the
information.
(Source: P.A. 80-1416.)
(20 ILCS 3955/36) (from Ch. 91 1/2, par. 736)
Sec. 36. Rules and regulations adopted by the Department
Commission pursuant to authority granted under this Act shall
be subject to the provisions of the Illinois Administrative
Procedure Act.
(Source: P.A. 84-1358.)
(20 ILCS 3955/35 rep.)
Section 10-33. The Guardianship and Advocacy Act is
amended by repealing Section 35.

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Section 10-35. The Persons with Disabilities on State
Agency Boards Act is amended by changing Section 10 as
follows:
(20 ILCS 4007/10)
Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
"Disability" means a physical or mental characteristic
resulting from disease, injury, congenital condition of birth,
or functional disorder, the history of such a characteristic,
or the perception of such a characteristic, when the
characteristic results in substantial functional limitations
in 3 or more of the following areas of major life activity:
self care, fine motor skills, mobility, vision, respiration,
learning, work, receptive and expressive language (hearing and
speaking), self direction, capacity for independent living,
and economic sufficiency.
"State human services agency" means the following:
(1) The Citizens Council on Mental Health and
Developmental Disabilities created under Article 11A of
the Legislative Commission Reorganization Act of 1984.
(2) Advisory councils created by the Department of
Human Rights under Section 7-107 of the Illinois Human
Rights Act.
(3) The Department of Disability Advocacy and

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Guardianship and Advocacy Commission created under the
Guardianship and Advocacy Act.
(4) (Blank).
(Source: P.A. 100-866, eff. 8-14-18.)
Section 10-45. The State Finance Act is amended by
changing Section 6z-22 as follows:
(30 ILCS 105/6z-22) (from Ch. 127, par. 142z-22)
Sec. 6z-22. All fees or other monies received by the
Department of Disability Advocacy and Guardianship and
Advocacy Commission incident to the provision of legal or
guardianship services to eligible persons or wards pursuant to
subsection (i) of Section 5 of the Guardianship and Advocacy
Act shall be paid into the Guardianship and Advocacy Fund.
Appropriations for the improvement, development, addition
or expansion of legal and guardianship services for eligible
persons or wards pursuant to Section 5 of the Guardianship and
Advocacy Act or for the financing of any program designed to
provide such improvement, development, addition or expansion
of services or for expenses incurred in administering the
Division of Human Rights Authority, Legal Advocacy, the
Division of Disability Rights and Protections, and the
Division Service and Office of State Guardian are payable from
the Guardianship and Advocacy Fund.
(Source: P.A. 86-448; 86-1028.)

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Section 10-50. The Public Interest Attorney Assistance Act
is amended by changing Section 15 as follows:
(110 ILCS 916/15)
Sec. 15. Definitions. For the purposes of this Act:
"Assistant State's Attorney" means a full-time employee of
a State's Attorney in Illinois or the State's Attorneys
Appellate Prosecutor who is continually licensed to practice
law and prosecutes or defends cases on behalf of the State or a
county.
"Assistant Attorney General" means a full-time employee of
the Illinois Attorney General who is continually licensed to
practice law and prosecutes or defends cases on behalf of the
State.
"Assistant Public Defender" means a full-time employee of
a Public Defender in Illinois or the State Appellate Defender
who is continually licensed to practice law and provides legal
representation to indigent persons, as provided by statute.
"Assistant public guardian" means a full-time employee of
a public guardian in Illinois who is continually licensed to
practice law and provides legal representation pursuant to
court appointment.
"Civil legal aid" means free or reduced-cost legal
representation or advice to low-income clients in non-criminal
matters.

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"Civil legal aid attorney" means an attorney who is
continually licensed to practice law and is employed full time
as an attorney at a civil legal aid organization in Illinois.
"Civil legal aid organization" means a not-for-profit
corporation in Illinois that (i) is exempt from the payment of
federal income tax pursuant to Section 501(c)(3) of the
Internal Revenue Code, (ii) is established for the purpose of
providing legal services that include civil legal aid, (iii)
employs 2 or more full-time attorneys who are licensed to
practice law in this State and who directly provide civil
legal aid, and (iv) is in compliance with registration and
filing requirements that are applicable under the Charitable
Trust Act and the Solicitation for Charity Act.
"Commission" means the Illinois Student Assistance
Commission.
"Committee" means the advisory committee created under
Section 20 of this Act.
"Eligible debt" means outstanding principal, interest, and
related fees from loans obtained for undergraduate, graduate,
or law school educational expenses made by government or
commercial lending institutions or educational institutions.
"Eligible debt" excludes loans made by a private individual or
family member.
"Department of Disability Advocacy and Guardianship IGAC
attorney" means a full-time employee of the Department of
Disability Illinois Guardianship and Advocacy and Guardianship

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Commission, including the Division Office of State Guardian,
the Division of Legal Advocacy Service, and the Division of
Disability Human Rights and Protections Authority, who is
continually licensed to practice law and provides legal
representation to carry out the responsibilities of the
Department of Disability Advocacy and Illinois Guardianship
and Advocacy Commission.
"Legislative attorney" means a full-time employee of the
Illinois Senate, the Illinois House of Representatives, or the
Illinois Legislative Reference Bureau who is continually
licensed to practice law and provides legal advice to members
of the General Assembly.
"Program" means the Public Interest Attorney Loan
Repayment Assistance Program.
"Public interest attorney" means an attorney practicing in
Illinois who is an assistant State's Attorney, assistant
Public Defender, civil legal aid attorney, assistant Attorney
General, assistant public guardian, Department of Disability
Advocacy and Guardianship IGAC attorney, or legislative
attorney.
"Qualifying employer" means (i) an Illinois State's
Attorney or the State's Attorneys Appellate Prosecutor, (ii)
an Illinois Public Defender or the State Appellate Defender,
(iii) an Illinois civil legal aid organization, (iv) the
Illinois Attorney General, (v) an Illinois public guardian,
(vi) the Department of Disability Advocacy and Illinois

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Guardianship and Advocacy Commission, (vii) the Illinois
Senate, (viii) the Illinois House of Representatives, or (ix)
the Illinois Legislative Reference Bureau.
(Source: P.A. 96-615, eff. 1-1-10; 96-768, eff. 1-1-10.)
Section 10-55. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Sections 4 and 6 as follows:
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Any long term care facility administrator, agent
or employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatric physician, accredited
religious practitioner who provides treatment by spiritual
means alone through prayer in accordance with the tenets and
practices of the accrediting church, coroner, social worker,
social services administrator, registered nurse, law
enforcement officer, field personnel of the Department of
Healthcare and Family Services, field personnel of the
Illinois Department of Public Health and County or Municipal
Health Departments, personnel of the Department of Human
Services (acting as the successor to the Department of Mental
Health and Developmental Disabilities or the Department of
Public Aid), personnel of the Department of Disability
Advocacy and Guardianship (acting as the successor to the
Guardianship and Advocacy Commission), personnel of the State

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Fire Marshal, local fire department inspectors or other
personnel, or personnel of the Illinois Department on Aging,
or its subsidiary Agencies on Aging, or employee of a facility
licensed under the Assisted Living and Shared Housing Act,
having reasonable cause to believe any resident with whom they
have direct contact has been subjected to abuse or neglect
shall immediately report or cause a report to be made to the
Department. Persons required to make reports or cause reports
to be made under this Section include all employees of the
State of Illinois who are involved in providing services to
residents, including professionals providing medical or
rehabilitation services and all other persons having direct
contact with residents; and further include all employees of
community service agencies who provide services to a resident
of a public or private long term care facility outside of that
facility. Any long term care surveyor of the Illinois
Department of Public Health who has reasonable cause to
believe in the course of a survey that a resident has been
abused or neglected and initiates an investigation while on
site at the facility shall be exempt from making a report under
this Section but the results of any such investigation shall
be forwarded to the central register in a manner and form
described by the Department.
The requirement of this Act shall not relieve any
long-term long term care facility administrator, agent or
employee of responsibility to report the abuse or neglect of a

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resident under Section 3-610 of the Nursing Home Care Act or
under Section 3-610 of the ID/DD Community Care Act or under
Section 3-610 of the MC/DD Act or under Section 2-107 of the
Specialized Mental Health Rehabilitation Act of 2013.
In addition to the above persons required to report
suspected resident abuse and neglect, any other person may
make a report to the Department, or to any law enforcement
officer, if such person has reasonable cause to suspect a
resident has been abused or neglected.
This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.
A person required to make reports or cause reports to be
made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long-term long term care

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facility administrator, agent or employee, or any other
person, shall screen reports or otherwise withhold any reports
from the Department, and no long-term long term care facility,
department of State government, or other agency shall
establish any rules, criteria, standards or guidelines to the
contrary. Every long-term long term care facility, department
of State government and other agency whose employees are
required to make or cause to be made reports under Section 4
shall notify its employees of the provisions of that Section
and of this Section, and provide to the Department
documentation that such notification has been given. The
Department of Human Services shall train all of its mental
health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities 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. All reports
received through offices of the Department shall be forwarded
to the central register, in a manner and form described by the
Department. The Department shall be capable of receiving
reports of suspected abuse and neglect 24 hours a day, 7 days a
week. Reports shall also be made in writing deposited in the

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U.S. mail, postage prepaid, within 24 hours after having
reasonable cause to believe that the condition of the resident
resulted from abuse or neglect. Such reports may in addition
be made to the local law enforcement agency in the same manner.
However, in the event a report is made to the local law
enforcement agency, the reporter also shall immediately so
inform the Department. The Department shall initiate an
investigation of each report of resident abuse and neglect
under this Act, whether oral or written, as provided for in
Section 3-702 of the Nursing Home Care Act, Section 2-208 of
the Specialized Mental Health Rehabilitation Act of 2013,
Section 3-702 of the ID/DD Community Care Act, or Section
3-702 of the MC/DD Act, except that reports of abuse which
indicate that a resident's life or safety is in imminent
danger shall be investigated within 24 hours of such report.
The Department may delegate to law enforcement officials or
other public agencies the duty to perform such investigation.
With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall
transmit copies of such reports to the Illinois State Police,
the Department of Human Services, and the Inspector General
appointed under Section 1-17 of the Department of Human
Services Act. If the Department receives a report of suspected
abuse or neglect of a recipient of services as defined in

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Section 1-123 of the Mental Health and Developmental
Disabilities Code, the Department shall transmit copies of
such report to the Inspector General and the Director
Directors of the Disability Advocacy and Guardianship and
Advocacy Commission and the agency designated by the Governor
pursuant to the Protection and Advocacy for Persons with
Developmental Disabilities Act. When requested by the Director
of the Disability Advocacy and Guardianship and Advocacy
Commission, the agency designated by the Governor pursuant to
the Protection and Advocacy for Persons with Developmental
Disabilities Act, or the Department of Financial and
Professional Regulation, the Department, the Department of
Human Services and the Illinois State Police shall make
available a copy of the final investigative report regarding
investigations conducted by their respective agencies on
incidents of suspected abuse or neglect of residents of mental
health and developmental disabilities institutions or
individuals receiving services at community agencies under the
jurisdiction of the Department of Human Services. Such final
investigative report shall not contain witness statements,
investigation notes, draft summaries, results of lie detector
tests, investigative files or other raw data which was used to
compile the final investigative report. Specifically, the
final investigative report of the Illinois State Police shall
mean the Director's final transmittal letter. The Department
of Human Services shall also make available a copy of the

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results of disciplinary proceedings of employees involved in
incidents of abuse or neglect to the Directors. All
identifiable information in reports provided shall not be
further disclosed except as provided by the Mental Health and
Developmental Disabilities Confidentiality Act. Nothing in
this Section is intended to limit or construe the power or
authority granted to the agency designated by the Governor
pursuant to the Protection and Advocacy for Persons with
Developmental Disabilities Act, pursuant to any other State or
federal statute.
With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with
appropriate law enforcement agencies, the Department may
request information with respect to whether the person or
persons set forth in this paragraph have ever been charged
with a crime and if so, the disposition of those charges.
Unless the criminal histories of the subjects involved crimes
of violence or resident abuse or neglect, the Department shall
be entitled only to information limited in scope to charges

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and their dispositions. In cases where prior crimes of
violence or resident abuse or neglect are involved, a more
detailed report can be made available to authorized
representatives of the Department, pursuant to the agreements
entered into with appropriate law enforcement agencies. Any
criminal charges and their disposition information obtained by
the Department shall be confidential and may not be
transmitted outside the Department, except as required herein,
to authorized representatives or delegates of the Department,
and may not be transmitted to anyone within the Department who
is not duly authorized to handle resident abuse or neglect
investigations.
The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.
The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of

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the final determination of any investigation and the final
disposition of all reports.
The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are persons with mental disabilities. The report shall
include but not be limited to data on the number and source of
reports of suspected abuse or neglect filed under this Act,
the nature of any injuries to residents, the final
determination of investigations, the type and number of cases
where abuse or neglect is determined to exist, and the final
disposition of cases.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 10-60. The Community Living Facilities Licensing
Act is amended by changing Section 5 as follows:
(210 ILCS 35/5) (from Ch. 111 1/2, par. 4185)
Sec. 5. Licensing standards. The Department shall
promulgate rules and regulations establishing minimum
standards for licensing of Community Living Facilities. These
rules shall regulate:
(1) The location of Community Living Facilities. These
provisions shall insure that the Community Living Facilities
are in appropriate neighborhoods and shall prohibit
concentration of these housing programs in communities.

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(2) The operation and conduct of Community Living
Facilities.
(3) The general financial ability, competence, character
and qualifications of the applicant to provide appropriate
care and comply with this Act.
(4) The appropriateness, safety, cleanliness and general
adequacy of the premises, including maintenance of adequate
fire protection and health standards, conforming to State laws
and municipal codes, to provide for the physical comfort,
well-being, care and protection of the residents.
(5) The number, character, training and qualifications of
personnel directly responsible for the residents.
(6) Provisions for food, clothing, educational
opportunities, social activities, home furnishings and
personal property to insure the healthy physical, emotional
and mental development of residents.
(7) Implementation of habilitation plans for each
resident.
(8) Provisions for residents to receive appropriate
programming and support services commensurate with their
individual needs, and to participate in decisions regarding
their use of programs and support services.
Such services should include educational opportunities,
vocational training and other day activities aimed at
promoting independence and improving basic living skills.
(9) Provisions and criteria for admission, discharge and

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transfers at Community Living Facilities.
(10) Provisions specifying the role and responsibilities
of residents for upkeep of their rooms and the overall
maintenance and care of the Community Living Facilities. These
provisions shall allow the residents to participate in normal,
daily activities associated with community living.
(11) Provisions to insure that residents are notified of
their legal rights, as defined in the rules promulgated
pursuant to subsection (12) of this Section and to assist them
in exercising these rights. Upon admission to a Community
Living Facility, residents shall be provided a copy of their
rights and related rules, regulations and policies, and the
name, address, and telephone number of the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
(12) Resident rights, which shall include, but need not be
limited to, those guaranteed by the "Mental Health and
Developmental Disabilities Code", as amended.
(13) Maintenance of records pertaining to the admission,
habilitation, and discharge of residents, and to the general
operation of Community Living Facilities.
(Source: P.A. 82-567.)
Section 10-65. The Nursing Home Care Act is amended by
changing Sections 2-106 and 2-201 as follows:
(210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)

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Sec. 2-106. Restraints.
(a) For purposes of this Act, a physical restraint is any
manual method or physical or mechanical device, material, or
equipment attached or adjacent to a resident's body that the
resident cannot remove easily and restricts freedom of
movement or normal access to one's body, and a chemical
restraint is any drug used for discipline or convenience and
not required to treat medical symptoms.
Devices used for positioning, including, but not limited
to, bed rails and gait belts, shall not be considered to be
physical restraints for purposes of this Act unless the device
is used to restrain or otherwise limit the patient's freedom
to move. A device used for positioning must be requested by the
resident or, if the resident is unable to consent, the
resident's guardian or authorized representative, or the need
for that device must be physically demonstrated by the
resident and documented in the resident's care plan. The
physically demonstrated need of the resident for a device used
for positioning must be revisited in every comprehensive
assessment of the resident.
The Department shall by rule, designate certain devices as
restraints, including at least all those devices which have
been determined to be restraints by the United States
Department of Health and Human Services in interpretive
guidelines issued for the purposes of administering Titles
XVIII and XIX of the Social Security Act.

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(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any
facility personnel. No restraints or confinements shall be
employed except as ordered by a physician who documents the
need for such restraints or confinements in the resident's
clinical record.
(c) A restraint may be used only with the informed consent
of the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific
periods, if it is the least restrictive means necessary to
attain and maintain the resident's highest practicable
physical, mental or psychosocial well-being, including brief
periods of time to provide necessary life-saving treatment. A
restraint may be used only after consultation with appropriate
health professionals, such as occupational or physical
therapists, and a trial of less restrictive measures has led
to the determination that the use of less restrictive measures
would not attain or maintain the resident's highest
practicable physical, mental or psychosocial well-being.
However, if the resident needs emergency care, restraints may
be used for brief periods to permit medical treatment to
proceed unless the facility has notice that the resident has
previously made a valid refusal of the treatment in question.
(d) A restraint may be applied only by a person trained in
the application of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated,

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the resident shall be advised of his or her right to have a
person or organization of his or her choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, notified of the use of the restraint. A
recipient who is under guardianship may request that a person
or organization of his or her choosing be notified of the
restraint, whether or not the guardian approves the notice. If
the resident so chooses, the facility shall make the
notification within 24 hours, including any information about
the period of time that the restraint is to be used. Whenever
the Department of Disability Advocacy and Guardianship and
Advocacy Commission is notified that a resident has been
restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is
warranted.
(f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from restraint
for brief periods each hour, except when this freedom may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 103-489, eff. 1-1-24.)

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(210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)
Sec. 2-201. To protect the residents' funds, the facility:
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), (b) their obligation to comply with the asset and
income disclosure requirements of Title XIX of the federal
Social Security Act and the regulations duly promulgated
thereunder, except that this item (b) does not apply to
facilities operated by the Illinois Department of Veterans
Affairs that do not participate in Medicaid, and (c) the
resident's rights regarding personal funds and listing the
services for which the resident will be charged. The facility
shall obtain a signed acknowledgment from each resident or the
resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any,
that such person has received the statement and understands
that failure to comply with asset and income disclosure
requirements may result in the denial of Medicaid eligibility.
(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order

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of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide
assurance satisfactory to the Departments of Public Health and
Insurance that all residents' personal funds deposited with
the facility are secure against loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for

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any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his allowance, or to
make any other payment authorized by the resident or any other
person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest bearing account insured by
agencies of, or corporations chartered by, the State or
federal government. The account shall be in a form which
clearly indicates that the facility has only a fiduciary
interest in the funds and any interest from the account shall
accrue to the resident. The facility may keep up to $100 of a
resident's money in a non-interest bearing account or petty
cash fund, to be readily available for the resident's current
expenditures.
(8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a

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personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for
the benefit of the resident, and (c) where such funds are
withdrawn from the resident's personal account by any person
other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance
are released, to execute an affidavit that such funds shall be
used exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the
death of a resident, shall provide the executor or
administrator of the resident's estate with a complete
accounting of all the resident's personal property, including
any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his
funds and does not have a resident's representative, guardian,
or an immediate family member, shall notify the Division
Office of the State Guardian of the Department of Disability
Advocacy and Guardianship and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all
residents' monies and properties being transferred, and obtain
a signed receipt from the new owner.
(Source: P.A. 104-234, eff. 8-15-25.)
Section 10-67. The Community-Integrated Living
Arrangements Licensure and Certification Act is amended by

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changing Section 9.1 as follows:
(210 ILCS 135/9.1)
Sec. 9.1. Recipient's funds; protection.
(a) To protect a recipient's funds, a service provider:
(1) May accept funds from a recipient for safekeeping
and management if the service provider receives written
authorization from the recipient or the recipient's
guardian.
(2) Shall maintain a written record of all financial
arrangements and transactions involving each individual
recipient's funds and shall allow each recipient, or the
recipient's guardian, access to that written record.
(3) Shall provide, in order of priority, each
recipient, or the recipient's guardian, if any, or the
recipient's immediate family member, if any, with a
written itemized statement of all financial transactions
involving the recipient's funds or a copy of the
recipient's checking or savings account register for the
period. This information shall be provided at least
quarterly.
(4) Shall purchase and maintain a surety bond or other
commercial policy with crime coverage in an amount equal
to or greater than all of the recipient's personal funds
deposited with the service provider to which employees of
the service provider have access to secure against loss,

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theft, and insolvency. The insurance company that provides
the surety bond or commercial policy with crime coverage
shall inform the Division of Developmental Disabilities of
the Department of Human Services of any reduction or
cancellation of the surety bond or commercial policy with
crime coverage.
(5) Shall keep any funds received from a recipient in
an account separate from the service provider's funds for
safekeeping, and shall not withdraw all or any part of the
recipient's funds unless the service provider is (i)
returning the funds to the recipient upon the request of
the recipient or any other person entitled to make the
request, (ii) paying the recipient his or her allowance,
or (iii) making any other payment authorized by the
recipient or any other person entitled to make that
authorization.
(6) Shall deposit any funds received from a recipient
in excess of $100 in an interest-bearing account insured
by agencies of, or corporations chartered by, the State or
the federal government. The account shall be in a form
that clearly indicates that the service provider has only
a fiduciary interest in the funds and that any interest
earned on funds in the account shall accrue to the
recipient. The service provider may keep up to $100 of a
recipient's funds in a non-interest-bearing account or
petty cash fund, to be readily available for the

10400HB0862sam001 - 215 - LRB104 04759 JDS 38476 a
recipient's current expenditures.
(7) Shall, upon written request of a recipient or the
recipient's guardian, return to the recipient or the
recipient's guardian of the estate all or any part of the
recipient's funds given to the service provider for
safekeeping, including the accrued interest earned on the
deposits of the recipient's funds.
(8) Shall (i) place any monthly allowance that a
recipient is entitled to in the recipient's personal
account or give the monthly allowance directly to the
recipient, unless the service provider has written
authorization from the recipient, the recipient's
guardian, or the recipient's parent if the recipient is a
minor, to handle the monthly allowance differently, (ii)
take all steps necessary to ensure that a monthly
allowance that is placed in a recipient's personal account
is used exclusively by the recipient or for the
recipient's benefit, and (iii) require any person other
than the recipient who withdraws funds from the
recipient's personal account that constitute any portion
of the recipient's monthly allowance to execute an
affidavit that the funds will be used exclusively for the
benefit of the recipient.
(9) If an adult recipient is incapable of managing his
or her funds and does not have a guardian or immediate
family member, the service provider shall notify the

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Division Office of the State Guardian of the Guardianship
and Advocacy Commission.
(b) Upon the death of a recipient, unless otherwise
provided by State law, the service provider shall provide the
executor or administrator of the recipient's estate with a
complete accounting of all the recipient's personal property,
including any funds of the recipient being held by the service
provider.
(c) If a recipient changes service providers, the former
service provider shall provide the new service provider with a
written verification by a public accountant of all the
recipient's money and property being transferred and shall
obtain a signed receipt for the money and property from the new
service provider upon transfer of the recipient's money and
property.
(d) If a service provider is sold, the service provider
shall provide the new owner with a written verification by a
public accountant of all the recipient's money and property
being transferred and shall obtain a signed receipt for the
money and property from the new owner upon transfer of the
recipient's money and property.
(Source: P.A. 98-1073, eff. 8-26-14.)
Section 10-70. The MC/DD Act is amended by changing
Sections 2-106 and 2-201 as follows:

10400HB0862sam001 - 217 - LRB104 04759 JDS 38476 a
(210 ILCS 46/2-106)
Sec. 2-106. Restraints and confinements.
(a) For purposes of this Act:
(i) A physical restraint is any manual method or
physical or mechanical device, material, or equipment
attached or adjacent to a resident's body that the
resident cannot remove easily and restricts freedom of
movement or normal access to one's body. Devices used for
positioning, including but not limited to bed rails, gait
belts, and cushions, shall not be considered to be
restraints for purposes of this Section.
(ii) A chemical restraint is any drug used for
discipline or convenience and not required to treat
medical symptoms. The Department shall by rule, designate
certain devices as restraints, including at least all
those devices which have been determined to be restraints
by the United States Department of Health and Human
Services in interpretive guidelines issued for the
purposes of administering Titles XVIII and XIX of the
Social Security Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any
facility personnel. No restraints or confinements shall be
employed except as ordered by a physician who documents the
need for such restraints or confinements in the resident's
clinical record. Each facility licensed under this Act must

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have a written policy to address the use of restraints and
seclusion. The Department shall establish by rule the
provisions that the policy must include, which, to the extent
practicable, should be consistent with the requirements for
participation in the federal Medicare program. Each policy
shall include periodic review of the use of restraints.
(c) A restraint may be used only with the informed consent
of the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific
periods, if it is the least restrictive means necessary to
attain and maintain the resident's highest practicable
physical, mental or psychosocial well-being well being,
including brief periods of time to provide necessary
lifesaving life saving treatment. A restraint may be used only
after consultation with appropriate health professionals, such
as occupational or physical therapists, and a trial of less
restrictive measures has led to the determination that the use
of less restrictive measures would not attain or maintain the
resident's highest practicable physical, mental or
psychosocial well-being well being. However, if the resident
needs emergency care, restraints may be used for brief periods
to permit medical treatment to proceed unless the facility has
notice that the resident has previously made a valid refusal
of the treatment in question.
(d) A restraint may be applied only by a person trained in
the application of the particular type of restraint.

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(e) Whenever a period of use of a restraint is initiated,
the resident shall be advised of his or her right to have a
person or organization of his or her choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, notified of the use of the restraint. A
recipient who is under guardianship may request that a person
or organization of his or her choosing be notified of the
restraint, whether or not the guardian approves the notice. If
the resident so chooses, the facility shall make the
notification within 24 hours, including any information about
the period of time that the restraint is to be used. Whenever
the Department of Disability Advocacy and Guardianship and
Advocacy Commission is notified that a resident has been
restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is
warranted.
(f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from restraint
for brief periods each hour, except when this freedom may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 99-180, eff. 7-29-15.)

10400HB0862sam001 - 220 - LRB104 04759 JDS 38476 a
(210 ILCS 46/2-201)
Sec. 2-201. Residents' funds. To protect the residents'
funds, the facility:
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), and (b) the resident's rights regarding personal
funds and listing the services for which the resident will be
charged. The facility shall obtain a signed acknowledgment
from each resident or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate
family member, if any, that such person has received the
statement.
(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way

10400HB0862sam001 - 221 - LRB104 04759 JDS 38476 a
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide
assurance satisfactory to the Departments of Public Health and
Financial and Professional Regulation that all residents'
personal funds deposited with the facility are secure against
loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his or her allowance, or
to make any other payment authorized by the resident or any

10400HB0862sam001 - 222 - LRB104 04759 JDS 38476 a
other person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest-bearing interest bearing account
insured by agencies of, or corporations chartered by, the
State or federal government. The account shall be in a form
which clearly indicates that the facility has only a fiduciary
interest in the funds and any interest from the account shall
accrue to the resident. The facility may keep up to $100 of a
resident's money in a non-interest-bearing account or petty
cash fund, to be readily available for the resident's current
expenditures.
(8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for
the benefit of the resident, and (c) where such funds are
withdrawn from the resident's personal account by any person

10400HB0862sam001 - 223 - LRB104 04759 JDS 38476 a
other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance
are released, to execute an affidavit that such funds shall be
used exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the
death of a resident, shall provide the executor or
administrator of the resident's estate with a complete
accounting of all the resident's personal property, including
any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his or
her funds and does not have a resident's representative,
guardian, or an immediate family member, shall notify the
Division Office of the State Guardian of the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all
residents' monies and properties being transferred, and obtain
a signed receipt from the new owner.
(Source: P.A. 99-180, eff. 7-29-15.)
Section 10-75. The ID/DD Community Care Act is amended by
changing Sections 2-106 and 2-201 as follows:
(210 ILCS 47/2-106)
Sec. 2-106. Restraints and confinements.
(a) For purposes of this Act:

10400HB0862sam001 - 224 - LRB104 04759 JDS 38476 a
(i) A physical restraint is any manual method or
physical or mechanical device, material, or equipment
attached or adjacent to a resident's body that the
resident cannot remove easily and restricts freedom of
movement or normal access to one's body. Devices used for
positioning, including but not limited to bed rails, gait
belts, and cushions, shall not be considered to be
restraints for purposes of this Section.
(ii) A chemical restraint is any drug used for
discipline or convenience and not required to treat
medical symptoms. The Department shall by rule, designate
certain devices as restraints, including at least all
those devices which have been determined to be restraints
by the United States Department of Health and Human
Services in interpretive guidelines issued for the
purposes of administering Titles XVIII and XIX of the
Social Security Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any
facility personnel. No restraints or confinements shall be
employed except as ordered by a physician who documents the
need for such restraints or confinements in the resident's
clinical record. Each facility licensed under this Act must
have a written policy to address the use of restraints and
seclusion. The Department shall establish by rule the
provisions that the policy must include, which, to the extent

10400HB0862sam001 - 225 - LRB104 04759 JDS 38476 a
practicable, should be consistent with the requirements for
participation in the federal Medicare program. Each policy
shall include periodic review of the use of restraints.
(c) A restraint may be used only with the informed consent
of the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific
periods, if it is the least restrictive means necessary to
attain and maintain the resident's highest practicable
physical, mental or psychosocial well-being well being,
including brief periods of time to provide necessary
lifesaving life saving treatment. A restraint may be used only
after consultation with appropriate health professionals, such
as occupational or physical therapists, and a trial of less
restrictive measures has led to the determination that the use
of less restrictive measures would not attain or maintain the
resident's highest practicable physical, mental or
psychosocial well-being well being. However, if the resident
needs emergency care, restraints may be used for brief periods
to permit medical treatment to proceed unless the facility has
notice that the resident has previously made a valid refusal
of the treatment in question.
(d) A restraint may be applied only by a person trained in
the application of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated,
the resident shall be advised of his or her right to have a
person or organization of his or her choosing, including the

10400HB0862sam001 - 226 - LRB104 04759 JDS 38476 a
Department of Disability Advocacy and Guardianship and
Advocacy Commission, notified of the use of the restraint. A
recipient who is under guardianship may request that a person
or organization of his or her choosing be notified of the
restraint, whether or not the guardian approves the notice. If
the resident so chooses, the facility shall make the
notification within 24 hours, including any information about
the period of time that the restraint is to be used. Whenever
the Department of Disability Advocacy and Guardianship and
Advocacy Commission is notified that a resident has been
restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is
warranted.
(f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from restraint
for brief periods each hour, except when this freedom may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 96-339, eff. 7-1-10.)
(210 ILCS 47/2-201)
Sec. 2-201. Residents' funds. To protect the residents'

10400HB0862sam001 - 227 - LRB104 04759 JDS 38476 a
funds, the facility:
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), and (b) the resident's rights regarding personal
funds and listing the services for which the resident will be
charged. The facility shall obtain a signed acknowledgment
from each resident or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate
family member, if any, that such person has received the
statement.
(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each

10400HB0862sam001 - 228 - LRB104 04759 JDS 38476 a
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide
assurance satisfactory to the Departments of Public Health and
Financial and Professional Regulation that all residents'
personal funds deposited with the facility are secure against
loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his or her allowance, or
to make any other payment authorized by the resident or any
other person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest-bearing interest bearing account

10400HB0862sam001 - 229 - LRB104 04759 JDS 38476 a
insured by agencies of, or corporations chartered by, the
State or federal government. The account shall be in a form
which clearly indicates that the facility has only a fiduciary
interest in the funds and any interest from the account shall
accrue to the resident. The facility may keep up to $100 of a
resident's money in a non-interest-bearing account or petty
cash fund, to be readily available for the resident's current
expenditures.
(8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for
the benefit of the resident, and (c) where such funds are
withdrawn from the resident's personal account by any person
other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance
are released, to execute an affidavit that such funds shall be

10400HB0862sam001 - 230 - LRB104 04759 JDS 38476 a
used exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the
death of a resident, shall provide the executor or
administrator of the resident's estate with a complete
accounting of all the resident's personal property, including
any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his or
her funds and does not have a resident's representative,
guardian, or an immediate family member, shall notify the
Division Office of the State Guardian of the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all
residents' monies and properties being transferred, and obtain
a signed receipt from the new owner.
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
Section 10-80. The Hospital Licensing Act is amended by
changing Section 9.6 as follows:
(210 ILCS 85/9.6)
Sec. 9.6. Patient protection from abuse.
(a) No administrator, agent, or employee of a hospital or
a hospital affiliate, or a member of a hospital's medical
staff, may abuse a patient in the hospital or in a facility
operated by a hospital affiliate.

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(b) Any hospital administrator, agent, employee, or
medical staff member, or an administrator, employee, or
physician employed by a hospital affiliate, who has reasonable
cause to believe that any patient with whom he or she has
direct contact has been subjected to abuse in the hospital or
hospital affiliate shall promptly report or cause a report to
be made to a designated hospital administrator responsible for
providing such reports to the Department as required by this
Section.
(c) Retaliation against a person who lawfully and in good
faith makes a report under this Section is prohibited.
(d) Upon receiving a report under subsection (b) of this
Section, the hospital or hospital affiliate shall submit the
report to the Department within 24 hours of obtaining such
report. In the event that the hospital receives multiple
reports involving a single alleged instance of abuse, the
hospital shall submit one report to the Department.
(e) Upon receiving a report under this Section, the
hospital or hospital affiliate shall promptly conduct an
internal review to ensure the alleged victim's safety.
Measures to protect the alleged victim shall be taken as
deemed necessary by the hospital's administrator and may
include, but are not limited to, removing suspected violators
from further patient contact during the hospital's or hospital
affiliate's internal review. If the alleged victim lacks
decision-making capacity under the Health Care Surrogate Act

10400HB0862sam001 - 232 - LRB104 04759 JDS 38476 a
and no health care surrogate is available, the hospital or
hospital affiliate may contact the Department of Disability
Advocacy and Illinois Guardianship and Advocacy Commission to
determine the need for a temporary guardian of that person.
(f) All internal hospital and hospital affiliate reviews
shall be conducted by a designated employee or agent who is
qualified to detect abuse and is not involved in the alleged
victim's treatment. All internal review findings must be
documented and filed according to hospital or hospital
affiliate procedures and shall be made available to the
Department upon request.
(g) Any other person may make a report of patient abuse to
the Department if that person has reasonable cause to believe
that a patient has been abused in the hospital or hospital
affiliate.
(h) The report required under this Section shall include:
the name of the patient; the name and address of the hospital
or hospital affiliate treating the patient; the age of the
patient; the nature of the patient's condition, including any
evidence of previous injuries or disabilities; and any other
information that the reporter believes might be helpful in
establishing the cause of the reported abuse and the identity
of the person believed to have caused the abuse.
(i) Except for willful or wanton misconduct, any
individual, person, institution, or agency participating in
good faith in the making of a report under this Section, or in

10400HB0862sam001 - 233 - LRB104 04759 JDS 38476 a
the investigation of such a report or in making a disclosure of
information concerning reports of abuse under this Section,
shall have immunity from any liability, whether civil,
professional, or criminal, that otherwise might result by
reason of such actions. For the purpose of any proceedings,
whether civil, professional, or criminal, the good faith of
any persons required to report cases of suspected abuse under
this Section or who disclose information concerning reports of
abuse in compliance with this Section, shall be presumed.
(j) No administrator, agent, or employee of a hospital or
hospital affiliate shall adopt or employ practices or
procedures designed to discourage good faith reporting of
patient abuse under this Section.
(k) Every hospital and hospital affiliate shall ensure
that all new and existing employees are trained in the
detection and reporting of abuse of patients and retrained at
least every 2 years thereafter.
(l) The Department shall investigate each report of
patient abuse made under this Section according to the
procedures of the Department, except that a report of abuse
which indicates that a patient's life or safety is in imminent
danger shall be investigated within 24 hours of such report.
Under no circumstances may a hospital's or hospital
affiliate's internal review of an allegation of abuse replace
an investigation of the allegation by the Department.
(m) The Department shall keep a continuing record of all

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reports made pursuant to this Section, including indications
of the final determination of any investigation and the final
disposition of all reports. The Department shall inform the
investigated hospital or hospital affiliate and any other
person making a report under subsection (g) of its final
determination or disposition in writing.
(n) The Department shall not disclose to the public any
information regarding any reports and investigations under
this Section unless and until the report of abuse is
substantiated following a full and proper investigation.
(o) All patient identifiable information in any report or
investigation under this Section shall be confidential and
shall not be disclosed except as authorized by this Act or
other applicable law.
(p) Nothing in this Section relieves a hospital or
hospital affiliate administrator, employee, agent, or medical
staff member from contacting appropriate law enforcement
authorities as required by law.
(q) Nothing in this Section shall be construed to mean
that a patient is a victim of abuse because of health care
services provided or not provided by health care
professionals.
(r) Nothing in this Section shall require a hospital or
hospital affiliate, including its employees, agents, and
medical staff members, to provide any services to a patient in
contravention of his or her stated or implied objection

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thereto upon grounds that such services conflict with his or
her religious beliefs or practices, nor shall such a patient
be considered abused under this Section for the exercise of
such beliefs or practices.
(s) The Department's implementation of this Section is
subject to appropriations to the Department for that purpose.
(t) As used in this Section, the following terms have the
following meanings:
"Abuse" means any physical or mental injury or sexual
abuse intentionally inflicted by a hospital or hospital
affiliate employee, agent, or medical staff member on a
patient of the hospital or hospital affiliate and does not
include any hospital or hospital affiliate, medical, health
care, or other personal care services done in good faith in the
interest of the patient according to established medical and
clinical standards of care.
"Hospital affiliate" has the meaning given to that term in
Section 10.8.
"Mental injury" means intentionally caused emotional
distress in a patient from words or gestures that would be
considered by a reasonable person to be humiliating,
harassing, or threatening and which causes observable and
substantial impairment.
"Sexual abuse" means any intentional act of sexual contact
or sexual penetration of a patient in the hospital.
"Substantiated", with respect to a report of abuse, means

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that a preponderance of the evidence indicates that abuse
occurred.
(Source: P.A. 103-803, eff. 1-1-25.)
Section 10-85. The Illinois Public Aid Code is amended by
changing Section 3-1.2 as follows:
(305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
Sec. 3-1.2. Need.
(a) Income available to the person, when added to
contributions in money, substance, or services from other
sources, including contributions from legally responsible
relatives, must be insufficient to equal the grant amount
established by Department regulation for such person. In
determining earned income to be taken into account,
consideration shall be given to any expenses reasonably
attributable to the earning of such income. If federal law or
regulations permit or require exemption of earned or other
income and resources, the Illinois Department shall provide by
rule and regulation that the amount of income to be
disregarded be increased (1) to the maximum extent so required
and (2) to the maximum extent permitted by federal law or
regulation in effect as of the date this amendatory Act
becomes law. The Illinois Department may also provide by rule
and regulation that the amount of resources to be disregarded
be increased to the maximum extent so permitted or required.

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(b) Subject to federal approval, resources (for example,
land, buildings, equipment, supplies, or tools), including
farmland property and personal property used in the
income-producing operations related to the farmland (for
example, equipment and supplies, motor vehicles, or tools),
necessary for self-support, up to $6,000 of the person's
equity in the income-producing property, provided that the
property produces a net annual income of at least 6% of the
excluded equity value of the property, are exempt. Equity
value in excess of $6,000 shall not be excluded. If the
activity produces income that is less than 6% of the exempt
equity due to reasons beyond the person's control (for
example, the person's illness or crop failure) and there is a
reasonable expectation that the property will again produce
income equal to or greater than 6% of the equity value (for
example, a medical prognosis that the person is expected to
respond to treatment or that drought-resistant corn will be
planted), the equity value in the property up to $6,000 is
exempt. If the person owns more than one piece of property and
each produces income, each piece of property shall be looked
at to determine whether the 6% rule is met, and then the
amounts of the person's equity in all of those properties
shall be totaled to determine whether the total equity is
$6,000 or less. The total equity value of all properties that
is exempt shall be limited to $6,000.
(c) In determining the resources of an individual or any

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dependents, the Department shall exclude from consideration
the value of funeral and burial spaces, funeral and burial
insurance the proceeds of which can only be used to pay the
funeral and burial expenses of the insured and funds
specifically set aside for the funeral and burial arrangements
of the individual or his or her dependents, including prepaid
funeral and burial plans, to the same extent that such items
are excluded from consideration under the federal Supplemental
Security Income program (SSI). At any time prior to or after
submitting an application for medical assistance and before a
final determination of eligibility has been made by the
Department, an applicant may use available resources to
purchase one of the prepaid funeral or burial contracts
exempted under this Section.
Prepaid funeral or burial contracts are exempt to the
following extent:
(1) Funds in a revocable prepaid funeral or burial
contract are exempt up to $1,500, except that any portion
of a contract that clearly represents the purchase of
burial space, as that term is defined for purposes of the
Supplemental Security Income program, is exempt regardless
of value.
(2) Funds in an irrevocable prepaid funeral or burial
contract are exempt up to $7,248, except that any portion
of a contract that clearly represents the purchase of
burial space, as that term is defined for purposes of the

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Supplemental Security Income program, is exempt regardless
of value. This amount shall be adjusted annually for any
increase in the Consumer Price Index. The amount exempted
shall be limited to the price of the funeral goods and
services to be provided upon death. The contract must
provide a complete description of the funeral goods and
services to be provided and the price thereof. Any amount
in the contract not so specified shall be treated as a
transfer of assets for less than fair market value.
(3) A prepaid, guaranteed-price funeral or burial
contract, funded by an irrevocable assignment of a
person's life insurance policy to a trust or a funeral
home, is exempt. The amount exempted shall be limited to
the amount of the insurance benefit designated for the
cost of the funeral goods and services to be provided upon
the person's death. The contract must provide a complete
description of the funeral goods and services to be
provided and the price thereof. Any amount in the contract
not so specified shall be treated as a transfer of assets
for less than fair market value. The trust must include a
statement that, upon the death of the person, the State
will receive all amounts remaining in the trust, including
any remaining payable proceeds under the insurance policy
up to an amount equal to the total medical assistance paid
on behalf of the person. The trust is responsible for
ensuring that the provider of funeral services under the

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contract receives the proceeds of the policy when it
provides the funeral goods and services specified under
the contract. The irrevocable assignment of ownership of
the insurance policy must be acknowledged by the insurance
company.
(4) Existing life insurance policies are exempt if
there has been an irrevocable assignment in compliance
with Section 2b of the Illinois Funeral or Burial Funds
Act. A person shall sign a contract with a funeral home,
which is licensed under the Illinois Funeral or Burial
Funds Act, that describes the cost of the funeral goods
and services to be provided upon the person's death, up to
$7,248, except that any portion of a contract that clearly
represents the purchase of burial space, as that term is
defined for purposes of the Supplemental Security Income
program, is exempt regardless of value. This amount shall
be adjusted annually for any increase in the Consumer
Price Index. The contract must provide a complete
description of the goods and services and any cash
advances to be provided and the price thereof. The person
shall sign an irrevocable designation of beneficiary form
declaring that any amounts payable from the policies not
used for goods and services and any cash advances as set
forth in the contract shall be received by the State, up to
an amount equal to the total medical assistance paid on
behalf of the person; any funds remaining after payment to

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the State shall be paid to a secondary beneficiary (if
any) listed on the policy, or to the estate of the
purchaser if no secondary beneficiary is named on the
policy in the event the proceeds exceed the prearranged
costs of merchandise and services and any cash advances
and the total medical assistance paid on behalf of the
insured. More than one policy may be subject to this
subsection if the total face value of the policies is
necessary to pay the amount described in the contract with
the funeral home; policies that are not necessary to pay
the amount described in the contract are not exempt. The
licensed funeral home to which the life insurance policy
benefits have been irrevocably assigned shall retain
copies for inspection by the Comptroller and shall report
annually to the Comptroller the following: the name of the
insured, the name of the insurance company and policy
number, an itemized account of the amount of the contract
for goods and services and any cash advances provided, and
the current value of the policy of benefits designated
with a record of all amounts paid back to the State or
other beneficiary. The Department of Healthcare and Family
Services shall adopt rules and forms to implement this
Section.
(d) Notwithstanding any other provision of this Code to
the contrary, an irrevocable trust containing the resources of
a person who is determined to have a disability shall be

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considered exempt from consideration. A pooled trust must be
established and managed by a non-profit association that pools
funds but maintains a separate account for each beneficiary.
The trust may be established by the person, a parent,
grandparent, legal guardian, or court. It must be established
for the sole benefit of the person and language contained in
the trust shall stipulate that any amount remaining in the
trust (up to the amount expended by the Department on medical
assistance) that is not retained by the trust for reasonable
administrative costs related to wrapping up the affairs of the
subaccount shall be paid to the Department upon the death of
the person. After a person reaches age 65, any funding by or on
behalf of the person to the trust shall be treated as a
transfer of assets for less than fair market value unless the
person is a ward of a county public guardian or the Division of
State Guardian pursuant to Section 13-5 of the Probate Act of
1975 or Section 30 of the Guardianship and Advocacy Act and
lives in the community, or the person is a ward of a county
public guardian or the Division of State Guardian pursuant to
Section 13-5 of the Probate Act of 1975 or Section 30 of the
Guardianship and Advocacy Act and a court has found that any
expenditures from the trust will maintain or enhance the
person's quality of life. If the trust contains proceeds from
a personal injury settlement, any Department charge must be
satisfied in order for the transfer to the trust to be treated
as a transfer for fair market value.

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(e) The homestead shall be exempt from consideration
except to the extent that it meets the income and shelter needs
of the person. "Homestead" means the dwelling house and
contiguous real estate owned and occupied by the person,
regardless of its value. Subject to federal approval, a person
shall not be eligible for long-term care services, however, if
the person's equity interest in his or her homestead exceeds
the minimum home equity as allowed and increased annually
under federal law. Subject to federal approval, on and after
the effective date of this amendatory Act of the 97th General
Assembly, homestead property transferred to a trust shall no
longer be considered homestead property.
(f) Occasional or irregular gifts in cash, goods or
services from persons who are not legally responsible
relatives which are of nominal value or which do not have
significant effect in meeting essential requirements shall be
disregarded.
(g) The eligibility of any applicant for or recipient of
public aid under this Article is not affected by the payment of
any grant under the "Senior Citizens and Disabled Persons
Property Tax Relief Act" or any distributions or items of
income described under subparagraph (X) of paragraph (2) of
subsection (a) of Section 203 of the Illinois Income Tax Act.
(h) The Illinois Department may, after appropriate
investigation, establish and implement a consolidated standard
to determine need and eligibility for and amount of benefits

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under this Article or a uniform cash supplement to the federal
Supplemental Security Income program for all or any part of
the then current recipients under this Article; provided,
however, that the establishment or implementation of such a
standard or supplement shall not result in reductions in
benefits under this Article for the then current recipients of
such benefits.
(i) The provisions under paragraph (4) of subsection (c)
are subject to federal approval. The Department of Healthcare
and Family Services shall apply for any necessary federal
waivers or approvals to implement by January 1, 2023 the
changes made to this Section by this amendatory Act of the
102nd General Assembly.
(Source: P.A. 102-959, eff. 5-27-22.)
Section 10-90. The Adult Protective Services Act is
amended by changing Sections 2 and 3.5 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abandonment" means the desertion or willful forsaking
of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an

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eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care
professionals.
(a-1) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources, and abandonment or subjecting an
eligible adult to an environment which creates a likelihood of
harm to the eligible adult's health, physical and emotional
well-being, or welfare.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, neglect, or
self-neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse in cases of criminal
activity by strangers, telemarketing scams, consumer fraud,
internet fraud, home repair disputes, complaints against a
homeowners' association, or complaints between landlords and
tenants.
(a-5) "Abuser" means a person who is a family member,

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caregiver, or another person who has a continuing relationship
with the eligible adult and abuses, abandons, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and
whose disability as defined in subsection (c-5) impairs his or
her ability to seek or obtain protection from abuse,
abandonment, neglect, or exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily
living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where
the eligible adult at the time of the report lives alone or
with his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:

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(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment

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as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, abandoned, neglected, or financially
exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through
(9) of subsection (d), if either: (i) the alleged abuse,
abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.

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(f-1) "Financial exploitation" means the use of an
eligible adult's resources by another to the disadvantage of
that adult or the profit or advantage of a person other than
that adult.
(f-3) "Investment advisor" means any person required to
register as an investment adviser or investment adviser
representative under Section 8 of the Illinois Securities Law
of 1953, which for purposes of this Act excludes any bank,
trust company, savings bank, or credit union, or their
respective employees.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Behavior Analyst Licensing Act, the
Clinical Psychologist Licensing Act, the Clinical Social
Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the
Marriage and Family Therapy Licensing Act, the Medical
Practice Act of 1987, the Naprapathic Practice Act, the
Nurse Practice Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act

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of 1987, the Pharmacy Practice Act, the Illinois Physical
Therapy Act, the Physician Assistant Practice Act of 1987,
the Podiatric Medical Practice Act of 1987, the
Respiratory Care Practice Act, the Professional Counselor
and Clinical Professional Counselor Licensing and Practice
Act, the Illinois Speech-Language Pathology and Audiology
Practice Act, the Veterinary Medicine and Surgery Practice
Act of 2004, and the Illinois Public Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare
and Family Services, Department of Public Health, and

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Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, the State Fire Marshal, local fire
departments, the Department on Aging and its subsidiary
Area Agencies on Aging and provider agencies, except the
State Long Term Care Ombudsman and any of his or her
representatives or volunteers where prohibited from making
such a report pursuant to 45 CFR 1324.11(e)(3)(iv);
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner;
(9) a person who performs the duties of a paramedic or
an emergency medical technician; or
(10) a person who performs the duties of an investment
advisor.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide

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support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, abandonment,
neglect, or financial exploitation. A provider agency is also
referenced as a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on
Aging in that planning and service area is deemed by the
Department to be unwilling or unable to provide those
functions, the Department may serve as the regional
administrative agency or designate another qualified entity to
serve as the regional administrative agency; any such
designation shall be subject to terms set forth by the
Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental

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impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, neglect, or financial exploitation has
occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
(320 ILCS 20/3.5)
Sec. 3.5. Other responsibilities. The Department shall

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also be responsible for the following activities, contingent
upon adequate funding; implementation shall be expanded to
adults with disabilities upon the effective date of this
amendatory Act of the 98th General Assembly, except those
responsibilities under subsection (a), which shall be
undertaken as soon as practicable:
(a) promotion of a wide range of endeavors for the
purpose of preventing abuse, abandonment, neglect,
financial exploitation, and self-neglect, including, but
not limited to, promotion of public and professional
education to increase awareness of abuse, abandonment,
neglect, financial exploitation, and self-neglect; to
increase reports; to establish access to and use of the
Registry established under Section 7.5; and to improve
response by various legal, financial, social, and health
systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Administrative Office of the Illinois Courts, the
Office of the Attorney General, the Illinois State Police,
the Illinois Law Enforcement Training Standards Board, the
State Triad, the Illinois Criminal Justice Information
Authority, the Departments of Public Health, Healthcare
and Family Services, and Human Services, the Department of
Disability Advocacy and Illinois Guardianship and Advocacy
Commission, the Family Violence Coordinating Council, the

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Illinois Violence Prevention Authority, and other entities
which may impact awareness of, and response to, abuse,
abandonment, neglect, financial exploitation, and
self-neglect;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and adult protective services
agencies;
(e) promotion of prevention activities;
(f) establishing and coordinating an aggressive
training program on the unique nature of adult abuse cases
with other agencies, councils, and like entities, to
include but not be limited to the Office of the Attorney
General, the Illinois State Police, the Illinois Law
Enforcement Training Standards Board, the State Triad, the
Illinois Criminal Justice Information Authority, the State
Departments of Public Health, Healthcare and Family
Services, and Human Services, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, the agency designated by the Governor under
Section 1 of the Protection and Advocacy for Persons with
Developmental Disabilities Act, and other entities that
may impact awareness of and response to abuse,
abandonment, neglect, financial exploitation, and
self-neglect;
(g) solicitation of financial institutions for the

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purpose of making information available to the general
public warning of financial exploitation of adults and
related financial fraud or abuse, including such
information and warnings available through signage or
other written materials provided by the Department on the
premises of such financial institutions, provided that the
manner of displaying or distributing such information is
subject to the sole discretion of each financial
institution; and
(g-1) developing by joint rulemaking with the
Department of Financial and Professional Regulation
minimum training standards which shall be used by
financial institutions for their current and new employees
with direct customer contact; the Department of Financial
and Professional Regulation shall retain sole visitation
and enforcement authority under this subsection (g-1); the
Department of Financial and Professional Regulation shall
provide bi-annual reports to the Department setting forth
aggregate statistics on the training programs required
under this subsection (g-1).
(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-626, eff. 1-1-25.)
Section 10-95. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-103,
2-108, 2-109, 2-114, 2-200, 2-201, 3-206, 3-405, 3-805, 3-910,

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4-201.1, 4-203, 4-605, and 5-100 as follows:
(405 ILCS 5/2-103) (from Ch. 91 1/2, par. 2-103)
Sec. 2-103. Except as provided in this Section, a
recipient who resides in a mental health or developmental
disabilities facility shall be permitted unimpeded, private,
and uncensored communication with persons of his choice by
mail, telephone and visitation.
(a) The facility director shall ensure that correspondence
can be conveniently received and mailed, that telephones are
reasonably accessible, and that space for visits is available.
Writing materials, postage and telephone usage funds shall be
provided in reasonable amounts to recipients who reside in
Department facilities and who are unable to procure such
items.
(b) Reasonable times and places for the use of telephones
and for visits may be established in writing by the facility
director.
(c) Unimpeded, private and uncensored communication by
mail, telephone, and visitation may be reasonably restricted
by the facility director only in order to protect the
recipient or others from harm, harassment or intimidation,
provided that notice of such restriction shall be given to all
recipients upon admission. When communications are restricted,
the facility shall advise the recipient that he has the right
to require the facility to notify the affected parties of the

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restriction, and to notify such affected party when the
restrictions are no longer in effect. However, all letters
addressed by a recipient to the Governor, members of the
General Assembly, Attorney General, judges, state's attorneys,
the Department of Disability Advocacy and Guardianship and
Advocacy Commission, or the Agency designated pursuant to "An
Act in relation to the protection and advocacy of the rights of
persons with developmental disabilities, and amending Acts
therein named", approved September 20, 1985, officers of the
Department, or licensed attorneys at law must be forwarded at
once to the persons to whom they are addressed without
examination by the facility authorities. Letters in reply from
the officials and attorneys mentioned above must be delivered
to the recipient without examination by the facility
authorities.
(d) No facility shall prevent any attorney who represents
a recipient or who has been requested to do so by any relative
or family member of the recipient, from visiting a recipient
during normal business hours, unless that recipient refuses to
meet with the attorney.
(e) Whenever, as the result of the closing or the
reduction in the number of units or available beds of any
mental health facility operated by the Department of Human
Services, the State determines to enter into a contract with
any mental health facility to provide hospitalization to
persons who would otherwise be served by the State-operated

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mental health facility, the resident shall be entitled to the
same rights under this Section.
(Source: P.A. 97-1007, eff. 8-17-12.)
(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
Sec. 2-108. Use of restraint. Restraint may be used only
as a therapeutic measure to prevent a recipient from causing
physical harm to himself or physical abuse to others.
Restraint may only be applied by a person who has been trained
in the application of the particular type of restraint to be
utilized. In no event shall restraint be utilized to punish or
discipline a recipient, nor is restraint to be used as a
convenience for the staff.
(a) Except as provided in this Section, restraint shall be
employed only upon the written order of a physician, clinical
psychologist, clinical social worker, clinical professional
counselor, advanced practice psychiatric nurse, or registered
nurse with supervisory responsibilities. No restraint shall be
ordered unless the physician, clinical psychologist, clinical
social worker, clinical professional counselor, advanced
practice psychiatric nurse, or registered nurse with
supervisory responsibilities, after personally observing and
examining the recipient, is clinically satisfied that the use
of restraint is justified to prevent the recipient from
causing physical harm to himself or others. In no event may
restraint continue for longer than 2 hours unless within that

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time period a nurse with supervisory responsibilities,
advanced practice psychiatric nurse, or a physician confirms,
in writing, following a personal examination of the recipient,
that the restraint does not pose an undue risk to the
recipient's health in light of the recipient's physical or
medical condition. The order shall state the events leading up
to the need for restraint and the purposes for which restraint
is employed. The order shall also state the length of time
restraint is to be employed and the clinical justification for
that length of time. No order for restraint shall be valid for
more than 16 hours. If further restraint is required, a new
order must be issued pursuant to the requirements provided in
this Section.
(b) In the event there is an emergency requiring the
immediate use of restraint, it may be ordered temporarily by a
qualified person only where a physician, clinical
psychologist, clinical social worker, clinical professional
counselor, advanced practice psychiatric nurse, or registered
nurse with supervisory responsibilities is not immediately
available. In that event, an order by a nurse, clinical
psychologist, clinical social worker, clinical professional
counselor, advanced practice psychiatric nurse, or physician
shall be obtained pursuant to the requirements of this Section
as quickly as possible, and the recipient shall be examined by
a physician or supervisory nurse within 2 hours after the
initial employment of the emergency restraint. Whoever orders

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restraint in emergency situations shall document its necessity
and place that documentation in the recipient's record.
(c) The person who orders restraint shall inform the
facility director or his designee in writing of the use of
restraint within 24 hours.
(d) The facility director shall review all restraint
orders daily and shall inquire into the reasons for the orders
for restraint by any person who routinely orders them.
(e) Restraint may be employed during all or part of one
24-hour 24 hour period, the period commencing with the initial
application of the restraint. However, once restraint has been
employed during one 24-hour 24 hour period, it shall not be
used again on the same recipient during the next 48 hours
without the prior written authorization of the facility
director.
(f) Restraint shall be employed in a humane and
therapeutic manner and the person being restrained shall be
observed by a qualified person as often as is clinically
appropriate but in no event less than once every 15 minutes.
The qualified person shall maintain a record of the
observations. Specifically, unless there is an immediate
danger that the recipient will physically harm himself or
others, restraint shall be loosely applied to permit freedom
of movement. Further, the recipient shall be permitted to have
regular meals and toilet privileges free from the restraint,
except when freedom of action may result in physical harm to

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the recipient or others.
(g) Every facility that employs restraint shall provide
training in the safe and humane application of each type of
restraint employed. The facility shall not authorize the use
of any type of restraint by an employee who has not received
training in the safe and humane application of that type of
restraint. Each facility in which restraint is used shall
maintain records detailing which employees have been trained
and are authorized to apply restraint, the date of the
training and the type of restraint that the employee was
trained to use.
(h) Whenever restraint is imposed upon any recipient whose
primary mode of communication is sign language, the recipient
shall be permitted to have his hands free from restraint for
brief periods each hour, except when freedom may result in
physical harm to the recipient or others.
(i) A recipient who is restrained may only be secluded at
the same time pursuant to an explicit written authorization as
provided in Section 2-109 of this Code. Whenever a recipient
is restrained, a member of the facility staff shall remain
with the recipient at all times unless the recipient has been
secluded. A recipient who is restrained and secluded shall be
observed by a qualified person as often as is clinically
appropriate but in no event less than every 15 minutes.
(j) Whenever restraint is used, the recipient shall be
advised of his right, pursuant to Sections 2-200 and 2-201 of

10400HB0862sam001 - 263 - LRB104 04759 JDS 38476 a
this Code, to have any person of his choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission or the agency designated pursuant to the
Protection and Advocacy for Persons with Developmental
Disabilities Act notified of the restraint. A recipient who is
under guardianship may request that any person of his choosing
be notified of the restraint whether or not the guardian
approves of the notice. Whenever the Department of Disability
Advocacy and Guardianship and Advocacy Commission is notified
that a recipient has been restrained, it shall contact that
recipient to determine the circumstances of the restraint and
whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/2-109) (from Ch. 91 1/2, par. 2-109)
Sec. 2-109. Seclusion. Seclusion may be used only as a
therapeutic measure to prevent a recipient from causing
physical harm to himself or physical abuse to others. In no
event shall seclusion be utilized to punish or discipline a
recipient, nor is seclusion to be used as a convenience for the
staff.
(a) Seclusion shall be employed only upon the written
order of a physician, clinical psychologist, clinical social
worker, clinical professional counselor, advanced practice
psychiatric nurse, or registered nurse with supervisory
responsibilities. No seclusion shall be ordered unless the

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physician, clinical psychologist, clinical social worker,
clinical professional counselor, advanced practice psychiatric
nurse, or registered nurse with supervisory responsibilities,
after personally observing and examining the recipient, is
clinically satisfied that the use of seclusion is justified to
prevent the recipient from causing physical harm to himself or
others. In no event may seclusion continue for longer than 2
hours unless within that time period a nurse with supervisory
responsibilities, advanced practice psychiatric nurse, or a
physician confirms in writing, following a personal
examination of the recipient, that the seclusion does not pose
an undue risk to the recipient's health in light of the
recipient's physical or medical condition. The order shall
state the events leading up to the need for seclusion and the
purposes for which seclusion is employed. The order shall also
state the length of time seclusion is to be employed and the
clinical justification for the length of time. No order for
seclusion shall be valid for more than 16 hours. If further
seclusion is required, a new order must be issued pursuant to
the requirements provided in this Section.
(b) The person who orders seclusion shall inform the
facility director or his designee in writing of the use of
seclusion within 24 hours.
(c) The facility director shall review all seclusion
orders daily and shall inquire into the reasons for the orders
for seclusion by any person who routinely orders them.

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(d) Seclusion may be employed during all or part of one
16-hour 16 hour period, that period commencing with the
initial application of the seclusion. However, once seclusion
has been employed during one 16-hour 16 hour period, it shall
not be used again on the same recipient during the next 48
hours without the prior written authorization of the facility
director.
(e) The person who ordered the seclusion shall assign a
qualified person to observe the recipient at all times. A
recipient who is restrained and secluded shall be observed by
a qualified person as often as is clinically appropriate but
in no event less than once every 15 minutes.
(f) Safety precautions shall be followed to prevent
injuries to the recipient in the seclusion room. Seclusion
rooms shall be adequately lighted, heated, and furnished. If a
door is locked, someone with a key shall be in constant
attendance nearby.
(g) Whenever seclusion is used, the recipient shall be
advised of his right, pursuant to Sections 2-200 and 2-201 of
this Code, to have any person of his choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission notified of the seclusion. A person who is
under guardianship may request that any person of his choosing
be notified of the seclusion whether or not the guardian
approves of the notice. Whenever the Department of Disability
Advocacy and Guardianship and Advocacy Commission is notified

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that a recipient has been secluded, it shall contact that
recipient to determine the circumstances of the seclusion and
whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
Sec. 2-114. (a) Whenever an attorney or other advocate
from the Department of Disability Advocacy and Guardianship
and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for
Persons with Developmental Disabilities Act or any other
attorney advises a facility in which a recipient is receiving
inpatient mental health services that he is presently
representing the recipient, or has been appointed by any court
or administrative agency to do so or has been requested to
represent the recipient by a member of the recipient's family,
the facility shall, subject to the provisions of Section 2-113
of this Code, disclose to the attorney or advocate whether the
recipient is presently residing in the facility and, if so,
how the attorney or advocate may communicate with the
recipient.
(b) The facility may take reasonable precautions to
identify the attorney or advocate. No further information
shall be disclosed to the attorney or advocate except in
conformity with the authorization procedures contained in the
Mental Health and Developmental Disabilities Confidentiality

10400HB0862sam001 - 267 - LRB104 04759 JDS 38476 a
Act.
(c) Whenever the location of the recipient has been
disclosed to an attorney or advocate, the facility director
shall inform the recipient of that fact and shall note this
disclosure in the recipient's records.
(d) An attorney or advocate who receives any information
under this Section may not disclose this information to anyone
else without the written consent of the recipient obtained
pursuant to Section 5 of the Mental Health and Developmental
Disabilities Confidentiality Act.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
Sec. 2-200. (a) Upon commencement of services, or as soon
thereafter as the condition of the recipient permits, every
adult recipient, as well as the recipient's guardian or
substitute decision maker, and every recipient who is 12 years
of age or older and the parent or guardian of a minor or person
under guardianship shall be informed orally and in writing of
the rights guaranteed by this Chapter which are relevant to
the nature of the recipient's services program. The notice
shall include, if applicable, the recipient's right to request
a transfer to a different Department facility under Section
3-908. Every facility shall also post conspicuously in public
areas a summary of the rights which are relevant to the
services delivered by that facility as well as contact

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information for the Department of Disability Advocacy and
Guardianship and Advocacy Commission and the agency designated
by the Governor under Section 1 of the Protection and Advocacy
for Persons with Developmental Disabilities Act.
(b) A recipient who is 12 years of age or older and the
parent or guardian of a minor or person under guardianship at
any time may designate, and upon commencement of services
shall be informed of the right to designate, a person or agency
to receive notice under Section 2-201 or to direct that no
information about the recipient be disclosed to any person or
agency.
(c) Upon commencement of services, or as soon thereafter
as the condition of the recipient permits, the facility shall
ask the adult recipient or minor recipient admitted pursuant
to Section 3-502 whether the recipient wants the facility to
contact the recipient's spouse, parents, guardian, close
relatives, friends, attorney, advocate from the Department of
Disability Advocacy and Guardianship and Advocacy Commission
or the agency designated by the Governor under Section 1 of the
Protection and Advocacy for Persons with Developmental
Disabilities Act, or others and inform them of the recipient's
presence at the facility. The facility shall by phone or by
mail contact at least two of those people designated by the
recipient and shall inform them of the recipient's location.
If the recipient so requests, the facility shall also inform
them of how to contact the recipient.

10400HB0862sam001 - 269 - LRB104 04759 JDS 38476 a
(d) Upon commencement of services, or as soon thereafter
as the condition of the recipient permits, the facility shall
advise the recipient as to the circumstances under which the
law permits the use of emergency forced medication or
electroconvulsive therapy under subsection (a) of Section
2-107, restraint under Section 2-108, or seclusion under
Section 2-109. At the same time, the facility shall inquire of
the recipient which form of intervention the recipient would
prefer if any of these circumstances should arise. The
recipient's preference shall be noted in the recipient's
record and communicated by the facility to the recipient's
guardian or substitute decision maker, if any, and any other
individual designated by the recipient. If any such
circumstances subsequently do arise, the facility shall give
due consideration to the preferences of the recipient
regarding which form of intervention to use as communicated to
the facility by the recipient or as stated in the recipient's
advance directive.
(Source: P.A. 102-593, eff. 8-27-21.)
(405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201)
Sec. 2-201. (a) Whenever any rights of a recipient of
services that are specified in this Chapter are restricted,
the professional responsible for overseeing the implementation
of the recipient's services plan shall be responsible for
promptly giving notice of the restriction or use of restraint

10400HB0862sam001 - 270 - LRB104 04759 JDS 38476 a
or seclusion and the reason therefor to:
(1) the recipient and, if such recipient is a minor or
under guardianship, his parent or guardian;
(2) a person designated under subsection (b) of
Section 2-200 upon commencement of services or at any
later time to receive such notice;
(3) the facility director;
(4) the Department of Disability Advocacy and
Guardianship and Advocacy Commission, or the agency
designated under "An Act in relation to the protection and
advocacy of the rights of persons with developmental
disabilities, and amending Acts therein named", approved
September 20, 1985, if either is so designated; and
(5) the recipient's substitute decision maker, if any.
The professional shall also be responsible for promptly
recording such restriction or use of restraint or seclusion
and the reason therefor in the recipient's record.
(b) The facility director shall maintain a file of all
notices of restrictions of rights, or the use of restraint or
seclusion for the past 3 years. The facility director shall
allow the Department of Disability Advocacy and Guardianship
and Advocacy Commission, the agency designated by the Governor
under Section 1 of "An Act in relation to the protection and
advocacy of the rights of persons with developmental
disabilities, and amending Acts therein named," approved
September 20, 1985, and the Department to examine and copy

10400HB0862sam001 - 271 - LRB104 04759 JDS 38476 a
such records upon request. Records obtained under this Section
shall not be further disclosed except pursuant to written
authorization of the recipient under Section 5 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-206) (from Ch. 91 1/2, par. 3-206)
Sec. 3-206. Whenever a person is admitted or objects to
admission, and whenever a recipient is notified that his legal
status is to be changed, the facility director of the mental
health facility shall provide the person, if he is 12 or older,
with the address and phone number of the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
If the person requests, the facility director shall assist him
in contacting the Department of Disability Advocacy and
Guardianship Commission.
(Source: P.A. 88-380.)
(405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)
Sec. 3-405. (a) If the facility director of a Department
mental health facility declines to admit a person seeking
admission under Articles III or IV of this Chapter, a review of
the denial may be requested by the person seeking admission
or, with his consent, by an interested person on his behalf.
Such a request may be made on behalf of a minor presented for
admission under Section 3-502, 3-503 or 3-504 by the minor's

10400HB0862sam001 - 272 - LRB104 04759 JDS 38476 a
attorney, by the parent, guardian or person in loco parentis
who executed the application for his admission, or by the
minor himself if he is 16 years of age or older. Whenever
admission to a Department facility is denied, the person
seeking admission shall immediately be given written notice of
the right to request review of the denial under this Section
and shall be provided, if he is 12 or older, with the address
and phone number of the Department of Disability Advocacy and
Guardianship and Advocacy Commission. If the person requests,
the facility director shall assist him in contacting the
Department of Disability Advocacy and Guardianship Commission.
A written request for review shall be submitted to the
director of the facility that denied admission within 14 days
of the denial. Upon receipt of the request, the facility
director shall promptly schedule a hearing to be held at the
denying facility within 7 days pursuant to Section 3-207.
(b) At the hearing the Department shall have the burden of
proving that the person denied admission does not meet the
standard set forth in the Section under which admission is
sought or that an appropriate alternative community treatment
program was available to meet the person's needs and was
offered. If the utilization review committee finds that the
decision denying admission is based upon substantial evidence,
it shall recommend that the denial of admission be upheld.
However, if it finds that the facility to which admission is
sought can provide adequate and appropriate treatment for the

10400HB0862sam001 - 273 - LRB104 04759 JDS 38476 a
person and no appropriate community alternative treatment is
available, it shall recommend that the person denied admission
be admitted. If it determines that another facility can
provide treatment appropriate to the clinical condition and
needs of the person denied admission, it may recommend that
the Department or other agency assist the person in obtaining
such treatment.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805)
Sec. 3-805. Every respondent alleged to be subject to
involuntary admission on an inpatient or outpatient basis
shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time
the matter is set for hearing, the court shall appoint counsel
for him. A hearing shall not proceed when a respondent is not
represented by counsel unless, after conferring with counsel,
the respondent requests to represent himself and the court is
satisfied that the respondent has the capacity to make an
informed waiver of his right to counsel. Counsel shall be
allowed time for adequate preparation and shall not be
prevented from conferring with the respondent at reasonable
times nor from making an investigation of the matters in issue
and presenting such relevant evidence as he believes is
necessary.
1. If the court determines that the respondent is unable

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to obtain counsel, the court shall appoint as counsel an
attorney employed by or under contract with the Department of
Disability Advocacy and Guardianship and Mental Health
Advocacy Commission, if available.
2. If an attorney from the Department of Disability
Advocacy and Guardianship and Mental Health Advocacy
Commission is not available, the court shall appoint as
counsel the public defender or, only if no public defender is
available, an attorney licensed to practice law in this State.
3. Upon filing with the court of a verified statement of
legal services rendered by the private attorney appointed
pursuant to paragraph (2) of this Section, the court shall
determine a reasonable fee for such services. If the
respondent is unable to pay the fee, the court shall enter an
order upon the county to pay the entire fee or such amount as
the respondent is unable to pay.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
(405 ILCS 5/3-910) (from Ch. 91 1/2, par. 3-910)
Sec. 3-910. (a) Whenever a recipient who has been in a
Department facility for more than 7 days is to be transferred
to another facility under Section 3-908, the facility director
of the facility shall give written notice at least 14 days
before the transfer to the recipient, his attorney, guardian,
if any, and responsible relative. In the case of a minor,
notice shall be given to his attorney, to the parent,

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guardian, or person in loco parentis who executed the
application for his admission, and to the minor himself if he
is 12 years of age or older. The notice shall include the
reasons for transfer, a statement of the right to object and
the address and phone number of the Department of Disability
Advocacy and Guardianship and Advocacy Commission. If the
recipient requests, the facility director shall assist him in
contacting the Department of Disability Advocacy and
Guardianship Commission.
(b) In an emergency, when the health of the recipient or
the physical safety of the recipient or others is imminently
imperiled and appropriate care is not available where the
recipient is located, a recipient may be immediately
transferred to another facility provided that notice of the
transfer is given as soon as possible but not more than 48
hours after transfer. The reason for the emergency shall be
noted in the recipient's record and specified in the notice.
(c) A recipient may object to his transfer or his
attorney, guardian, or responsible relative may object on his
behalf. In the case of a minor, his attorney, the person who
executed the application for admission, or the minor himself
if he is 12 years of age or older, may object to the transfer.
Prior to transfer or within 14 days after an emergency
transfer, a written objection shall be submitted to the
facility director of the facility where the recipient is
located. Upon receipt of an objection, the facility director

10400HB0862sam001 - 276 - LRB104 04759 JDS 38476 a
shall promptly schedule a hearing to be held within 7 days
pursuant to Section 3-207. The hearing shall be held at the
transferring facility except that when an emergency transfer
has taken place the hearing may be held at the receiving
facility. Except in an emergency, no transfer shall proceed
pending hearing on an objection.
(d) At the hearing the Department shall have the burden of
proving that the standard for transfer under Section 3-908 is
met. If the transfer is to a facility which is substantially
more physically restrictive than the transferring facility,
the Department shall also prove that the transfer is
reasonably required for the safety of the recipient or others.
If the utilization review committee finds that the Department
has sustained its burden and the decision to transfer is based
upon substantial evidence, it shall recommend that the
transfer proceed. If it does not so find, it shall recommend
that the recipient not be transferred.
(Source: P.A. 88-380.)
(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
Sec. 4-201.1. (a) A person residing in a Department mental
health facility who is evaluated as having a mild or moderate
intellectual disability, an attorney or advocate representing
the person, or a guardian of such person may object to the
Department facility director's certification required in
Section 4-201, the treatment and habilitation plan, or

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appropriateness of setting, and obtain an administrative
decision requiring revision of a treatment or habilitation
plan or change of setting, by utilization review as provided
in Sections 3-207 and 4-209 of this Code. As part of this
utilization review, the Committee shall include as one of its
members a qualified intellectual disabilities professional.
(b) The mental health facility director shall give written
notice to each person evaluated as having a mild or moderate
intellectual disability, the person's attorney and guardian,
if any, or in the case of a minor, to his or her attorney, to
the parent, guardian or person in loco parentis and to the
minor if 12 years of age or older, of the person's right to
request a review of the facility director's initial or
subsequent determination that such person is appropriately
placed or is receiving appropriate services. The notice shall
also provide the address and phone number of the Division of
Legal Advocacy Service of the Department of Disability
Advocacy and Guardianship and Advocacy Commission, which the
person or guardian can contact for legal assistance. If
requested, the facility director shall assist the person or
guardian in contacting the Division of Legal Advocacy Service.
This notice shall be given within 24 hours of Department's
evaluation by the Department of Human Services that the person
has a mild or moderate intellectual disability.
(c) Any recipient of services who successfully challenges
a final decision of the Secretary of the Department (or his or

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her designee) reviewing an objection to the certification
required under Section 4-201, the treatment and habilitation
plan, or the appropriateness of the setting shall be entitled
to recover reasonable attorney's fees incurred in that
challenge, unless the Department's position was substantially
justified.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 5/4-203) (from Ch. 91 1/2, par. 4-203)
Sec. 4-203. (a) Every developmental disabilities facility
shall maintain adequate records which shall include the
Section of this Act under which the client was admitted, any
subsequent change in the client's status, and requisite
documentation for such admission and status.
(b) The Department shall ensure that a monthly report is
maintained for each Department mental health facility, and
each unit of a Department developmental disability facility
for dually diagnosed persons, which lists (1) initials of
persons admitted to, residing at, or discharged from a
Department mental health facility or unit for dually diagnosed
persons of Department developmental disability facility during
that month with a primary or secondary diagnosis of
intellectual disability, (2) the date and facility and unit of
admission or continuing, care, (3) the legal admission status,
(4) the recipient's diagnosis, (5) the date and facility and
unit of transfer or discharge, (6) whether or not there is a

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public or private guardian, (7) whether the facility director
has certified that appropriate treatment and habilitation are
available for and being provided to such person pursuant to
Section 4-203 of this Chapter, and (8) whether the person or a
guardian has requested review as provided in Section 4-209 of
this Chapter and, if so, the outcome of the review. The
Secretary of the Department shall furnish a copy of each
monthly report upon request to the Department of Disability
Advocacy and Guardianship and Advocacy Commission and the
agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of
persons with developmental disabilities, and amending certain
Acts therein named", approved September 20, 1985, and under
Section 1 of "An Act for the protection and advocacy of
mentally ill persons", approved September 20, 1987.
(c) Nothing contained in this Chapter shall be construed
to limit or otherwise affect the power of any developmental
disabilities facility to determine the qualifications of
persons permitted to admit clients to such facility. This
subsection shall not affect or limit the powers of any court to
order admission to a developmental disabilities facility as
set forth in this Chapter.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605)
Sec. 4-605. Every respondent alleged to meet the standard

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for judicial admission shall be represented by counsel. If the
respondent is indigent or an appearance has not been entered
on his behalf at the time the matter is set for hearing, the
court shall appoint counsel for him. A hearing shall not
proceed when a respondent is not represented by counsel
unless, after conferring with counsel, the respondent requests
to represent himself and the court is satisfied that the
respondent has the capacity to make an informed waiver of his
right to counsel. Counsel shall be allowed time for adequate
preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an
investigation of the matters in issue and presenting such
relevant evidence as he believes is necessary.
1. If the court determines that the respondent is unable
to obtain counsel, the court shall appoint as counsel an
attorney employed by or under contract with the Department of
Disability Advocacy and Guardianship and Advocacy Commission,
if available.
2. If an attorney from the Department of Disability
Advocacy and Guardianship and Advocacy Commission is not
available, the court shall appoint as counsel the public
defender or, only if no public defender is available, an
attorney licensed to practice law in this State.
3. Upon filing with the court of a verified statement of
legal services rendered by the private attorney appointed
pursuant to paragraph (2) of this Section, the court shall

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determine a reasonable fee for such services. If the
respondent is unable to pay the fee, the court shall enter an
order upon the county to pay the entire fee or such amount as
the respondent is unable to pay.
(Source: P.A. 85-1247.)
(405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100)
Sec. 5-100. Written notice of the death of a recipient of
services which occurs at a mental health or developmental
disabilities facility, or the death of a recipient of services
who has not been discharged from a mental health or
developmental disabilities facility but whose death occurs
elsewhere, shall within 10 days of the death of a recipient be
mailed to the Department of Public Health which, for the
primary purpose of monitoring patterns of abuse and neglect of
recipients of services, shall make such notices available to
the Department of Disability Advocacy and Guardianship and
Advocacy Commission and to the agency designated by the
Governor under Section 1 of "An Act in relation to the
protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named",
approved September 20, 1985. Such notice shall include the
name of the recipient, the name and address of the facility at
which the death occurred, the recipient's age, the nature of
the recipient's condition, including any evidence of the
previous injuries or disabilities, or relevant medical

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conditions or any other information which might be helpful in
establishing the cause of death.
Written notice of the death of a recipient of services who
was admitted by court order, and the cause thereof shall, in
all cases, be mailed by the facility director to the court
entering the original admission order, and if possible, to the
same judge, and the time, place and alleged cause of such death
shall be entered upon the docket. Such notice must be mailed
within 10 days following the death of the recipient.
In the event of a sudden or mysterious death of any
recipient of services at any public or private facility, a
coroner's inquest shall be held as provided by law in other
cases.
In cases where the deceased person was a recipient or
client of any state facility, and the fees for holding an
inquest cannot be collected out of his estate, such fees shall
be paid by the Department.
(Source: P.A. 88-380.)
Section 10-100. The Alzheimer's Disease Assistance Act is
amended by changing Section 6 as follows:
(410 ILCS 405/6) (from Ch. 111 1/2, par. 6956)
Sec. 6. Alzheimer's Disease Advisory Committee.
(a) There is created the Alzheimer's Disease Advisory
Committee consisting of 17 voting members appointed by the

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Director of the Department, as well as 5 nonvoting members as
hereinafter provided in this Section. The Director or his
designee shall serve as one of the 17 voting members and as the
Chairman of the Committee. Those appointed as voting members
shall include persons who are experienced in research and the
delivery of services to individuals with Alzheimer's disease
or a related disorder and their families. Such members shall
include:
(1) one individual from a statewide association
dedicated to Alzheimer's care, support, and research;
(2) one individual from a non-governmental statewide
organization that advocates for seniors;
(3) the Dementia Coordinator of the Illinois
Department of Public Health, or the Dementia Coordinator's
designee;
(4) one individual representing the Community Care
Program's Home and Community Services Division;
(5) one individual representing the Adult Protective
Services Unit;
(6) 3 individuals from Alzheimer's Disease Assistance
Centers;
(7) one individual from a statewide association
representing an adult day service organization;
(8) one individual from a statewide association
representing home care providers;
(9) one individual from a statewide trade organization

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representing the interests of physicians licensed to
practice medicine in all of its branches in Illinois;
(10) one individual representing long-term care
facilities licensed under the Nursing Home Care Act, an
assisted living establishment licensed under the Assisted
Living and Shared Housing Act, or supportive living
facilities;
(11) one individual from a statewide association
representing the interests of social workers;
(12) one individual representing Area Agencies on
Aging;
(13) the Medicaid Director of the Department of
Healthcare and Family Services, or the Medicaid Director's
designee;
(14) one individual from a statewide association
representing health education and promotion and public
health advocacy; and
(15) one individual with medical or academic
experience with early onset Alzheimer's disease or related
disorders.
(b) In addition to the 17 voting members, the Directors of
the following State agencies or their designees who are
qualified to represent each Department's programs and services
for those with Alzheimer's disease or related disorders shall
serve as nonvoting members: Department on Aging, Department of
Healthcare and Family Services, Department of Public Health,

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Department of Human Services, and Department of Disability
Advocacy and Guardianship and Advocacy Commission.
Each voting member appointed by the Director of Public
Health shall serve for a term of 2 years, and until his
successor is appointed and qualified. Members of the Committee
shall not be compensated but shall be reimbursed for expenses
actually incurred in the performance of their duties.
Vacancies shall be filled in the same manner as original
appointments.
The Committee shall review all State programs and services
provided by State agencies that are directed toward persons
with Alzheimer's disease and related dementias, and by
consensus recommend changes to improve the State's response to
this serious health problem. Such recommendations shall be
included in the State plan described in this Act.
(Source: P.A. 101-588, eff. 1-1-20.)
Section 10-103. The Vital Records Act is amended by
changing Section 25.2 as follows:
(410 ILCS 535/25.2)
Sec. 25.2. Division Office of State Guardian birth record
request.
(a) For purposes of this Section, an individual's status
as a person under guardianship of with the Division Office of
State Guardian may be verified with a copy of the court order

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placing the individual under the guardianship of the Division
Office of State Guardian.
(b) The applicable fees under Section 17 for a new
certificate of birth and under Section 25 for a search for a
birth record or certified copy of a birth record shall be
waived for requests made by the Division Office of State
Guardian to the Office of the State Registrar of Vital Records
in Springfield for an individual under guardianship of the
Division Office of State Guardian, whose status is verified
under subsection (a) of this Section.
(c) The State Registrar of Vital Records shall establish
standards and procedures consistent with this Section for
waiver of the applicable fees.
(d) An individual under guardianship shall be provided no
more than 4 birth records annually under this Section.
(Source: P.A. 103-682, eff. 7-1-25.)
Section 10-105. The Clerks of Courts Act is amended by
changing Section 27.3f as follows:
(705 ILCS 105/27.3f)
Sec. 27.3f. Guardianship and advocacy operations fee.
(a) As used in this Section, "guardianship and advocacy"
means the guardianship and advocacy services provided by the
Department of Disability Advocacy and Guardianship and
Advocacy Commission and defined in the Guardianship and

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Advocacy Act. Viable public guardianship and advocacy
programs, including the public guardianship programs created
and supervised in probate proceedings in the Illinois courts,
are essential to the administration of justice and ensure that
incapacitated persons and their estates are protected. To
defray the expense of maintaining and operating the divisions
and programs of the Department of Disability Advocacy and
Guardianship and Advocacy Commission and to support viable
guardianship and advocacy programs throughout Illinois, each
circuit court clerk shall charge and collect a fee on all
matters filed in probate cases in accordance with this
Section, but no fees shall be assessed against the Division of
State Guardian, any State agency under the jurisdiction of the
Governor, any public guardian, or any State's Attorney.
(b) No fee specified in this Section shall be imposed in
any minor guardianship established under Article XI of the
Probate Act of 1975, or against an indigent person. An
indigent person shall include any person who meets one or more
of the following criteria:
(1) He or she is receiving assistance under one or
more of the following public benefits programs:
Supplemental Security Income (SSI), Aid to the Aged,
Blind, and Disabled (AABD), Temporary Assistance for Needy
Families (TANF), Supplemental Nutrition Assistance Program
(SNAP) (formerly Food Stamps), General Assistance, State
Transitional Assistance, or State Children and Family

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Assistance.
(2) His or her available income is 125% or less of the
current poverty level as established by the United States
Department of Health and Human Services, unless the
applicant's assets that are not exempt under Part 9 or 10
of Article XII of the Code of Civil Procedure are of a
nature and value that the court determines that the
applicant is able to pay the fees, costs, and charges.
(3) He or she is, in the discretion of the court,
unable to proceed in an action without payment of fees,
costs, and charges and whose payment of those fees, costs,
and charges would result in substantial hardship to the
person or his or her family.
(4) He or she is an indigent person pursuant to
Section 5-105.5 of the Code of Civil Procedure, providing
that an "indigent person" means a person whose income is
125% or less of the current official federal poverty
guidelines or who is otherwise eligible to receive civil
legal services under the Legal Services Corporation Act of
1974.
(c) The clerk is entitled to receive the fee specified in
this Section, which shall be paid in advance, and managed by
the clerk as set out in paragraph (2), except that, for good
cause shown, the court may suspend, reduce, or release the
costs payable under this Section:
(1) For administration of the estate of a decedent

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(whether testate or intestate) or of a missing person, a
fee of $100.
(2) The guardianship and advocacy operations fee, as
outlined in this Section, shall be in addition to all
other fees and charges and assessable as costs. Five
percent of the fee shall be retained by the clerk for
deposit into the Circuit Court Clerk Operation and
Administrative Fund to defray costs of collection and 95%
of the fee shall be disbursed within 60 days after receipt
by the circuit clerk to the State Treasurer for deposit by
the State Treasurer into the Guardianship and Advocacy
Fund.
(Source: P.A. 97-1093, eff. 1-1-13.)
Section 10-110. The Criminal Code of 2012 is amended by
changing Section 12-9 as follows:
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
Sec. 12-9. Threatening public officials; human service
providers.
(a) A person commits threatening a public official or
human service provider when:
(1) that person knowingly delivers or conveys,
directly or indirectly, to a public official or human
service provider by any means a communication:
(i) containing a threat that would place the

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public official or human service provider or a member
of his or her immediate family in reasonable
apprehension of immediate or future bodily harm,
sexual assault, confinement, or restraint; or
(ii) containing a threat that would place the
public official or human service provider or a member
of his or her immediate family in reasonable
apprehension that damage will occur to property in the
custody, care, or control of the public official or
his or her immediate family; and
(2) the threat was conveyed because of the performance
or nonperformance of some public duty or duty as a human
service provider, because of hostility of the person
making the threat toward the status or position of the
public official or the human service provider, or because
of any other factor related to the official's public
existence.
(a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of
a unique threat to the person, family or property of the
officer and not a generalized threat of harm.
(a-6) For purposes of a threat to a social worker,
caseworker, investigator, or human service provider, the
threat must contain specific facts indicative of a unique
threat to the person, family or property of the individual and
not a generalized threat of harm.

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(b) For purposes of this Section:
(1) "Public official" means a person who is elected to
office in accordance with a statute or who is appointed to
an office which is established, and the qualifications and
duties of which are prescribed, by statute, to discharge a
public duty for the State or any of its political
subdivisions or in the case of an elective office any
person who has filed the required documents for nomination
or election to such office. "Public official" includes a
duly appointed assistant State's Attorney, assistant
Attorney General, or Appellate Prosecutor; a sworn law
enforcement or peace officer; a social worker, caseworker,
attorney, or investigator employed by the Department of
Healthcare and Family Services, the Department of Human
Services, the Department of Children and Family Services,
or the Department of Disability Advocacy and Guardianship
and Advocacy Commission; or an assistant public guardian,
attorney, social worker, case manager, or investigator
employed by a duly appointed public guardian.
(1.5) "Human service provider" means a social worker,
case worker, or investigator employed by an agency or
organization providing social work, case work, or
investigative services under a contract with or a grant
from the Department of Human Services, the Department of
Children and Family Services, the Department of Healthcare
and Family Services, or the Department on Aging.

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(2) "Immediate family" means a public official's
spouse or child or children.
(c) Threatening a public official or human service
provider is a Class 3 felony for a first offense and a Class 2
felony for a second or subsequent offense.
(Source: P.A. 100-1, eff. 1-1-18.)
Section 10-115. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 4, 8, and 8.1 as follows:
(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
Sec. 4. (a) The following persons shall be entitled, upon
request, to inspect and copy a recipient's record or any part
thereof:
(1) the parent or guardian of a recipient who is under
12 years of age;
(2) the recipient if he is 12 years of age or older;
(3) the parent or guardian of a recipient who is at
least 12 but under 18 years, if the recipient is informed
and does not object or if the therapist does not find that
there are compelling reasons for denying the access. The
parent or guardian who is denied access by either the
recipient or the therapist may petition a court for access
to the record. Nothing in this paragraph is intended to
prohibit the parent or guardian of a recipient who is at

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least 12 but under 18 years from requesting and receiving
the following information: current physical and mental
condition, diagnosis, treatment needs, services provided,
and services needed, including medication, if any;
(3.5) the parent or guardian of a minor, regardless of
the minor's age, if the minor is involved in special
education services under Section 14-1.11 of the School
Code, and only for the purpose of inspecting and copying a
record of the specific mental health or developmental
services that the parent or guardian consented to on the
recipient's behalf for special education services; or the
designated representative of a student over the age of 18
involved in special education services under Section
14-6.10 of the School Code;
(4) the guardian of a recipient who is 18 years or
older;
(5) an attorney or guardian ad litem who represents a
minor 12 years of age or older in any judicial or
administrative proceeding, provided that the court or
administrative hearing officer has entered an order
granting the attorney this right;
(6) an agent appointed under a recipient's power of
attorney for health care or for property, when the power
of attorney authorizes the access;
(7) an attorney-in-fact appointed under the Mental
Health Treatment Preference Declaration Act; or

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(8) any person in whose care and custody the recipient
has been placed pursuant to Section 3-811 of the Mental
Health and Developmental Disabilities Code.
(b) Assistance in interpreting the record may be provided
without charge and shall be provided if the person inspecting
the record is under 18 years of age. However, access may in no
way be denied or limited if the person inspecting the record
refuses the assistance. A reasonable fee may be charged for
duplication of a record. However, when requested to do so in
writing by any indigent recipient, the custodian of the
records shall provide at no charge to the recipient, or to the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, the agency designated by the Governor
under Section 1 of the Protection and Advocacy for Persons
with Developmental Disabilities Act or to any other
not-for-profit agency whose primary purpose is to provide free
legal services or advocacy for the indigent and who has
received written authorization from the recipient under
Section 5 of this Act to receive his records, one copy of any
records in its possession whose disclosure is authorized under
this Act.
(c) Any person entitled to access to a record under this
Section may submit a written statement concerning any disputed
or new information, which statement shall be entered into the
record. Whenever any disputed part of a record is disclosed,
any submitted statement relating thereto shall accompany the

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disclosed part. Additionally, any person entitled to access
may request modification of any part of the record which he
believes is incorrect or misleading. If the request is
refused, the person may seek a court order to compel
modification.
(d) Whenever access or modification is requested, the
request and any action taken thereon shall be noted in the
recipient's record.
(e) Nothing in this Section shall be construed to affect
the protection of or access to records under the Illinois
School Student Records Act or the federal Individuals with
Disabilities Education Act.
(Source: P.A. 103-474, eff. 1-1-24; 104-263, eff. 1-1-26.)
(740 ILCS 110/8) (from Ch. 91 1/2, par. 808)
Sec. 8. In the course of an investigation, or in the course
of monitoring issues concerning the rights of recipients or
the services provided to recipients as authorized by
subsection (l) of Section 5 of the Guardianship and Advocacy
Act, the Division of Disability Rights and Protections a
regional human rights authority of the Department of
Disability Advocacy and Guardianship and Advocacy Commission
created by the Guardianship and Advocacy Act may inspect and
copy any recipient's records in the possession of a therapist,
agency, department, Department or facility which provides
services to a recipient, including reports of suspected abuse

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or neglect of a recipient and information regarding the
disposition of such reports. However, the Division of
Disability Rights and Protections a regional authority may not
inspect or copy records containing personally identifiable
data which cannot be removed without imposing an unreasonable
burden on the therapist, agency, department, Department or
facility which provides services, except as provided herein.
The Division of Disability Rights and Protections regional
authority shall give written notice to the person entitled to
give consent for the identifiable recipient of services under
Section 4 that it is conducting an investigation or monitoring
and indicating the nature and purpose of the investigation or
monitoring and the need to inspect and copy the recipient's
record. If the person notified objects in writing to such
inspection and copying, the Division of Disability Rights and
Protections regional authority may not inspect or copy the
record. The therapist, agency, department, Department or
facility which provides services may not object on behalf of a
recipient.
(Source: P.A. 86-820; 86-1013; 86-1475.)
(740 ILCS 110/8.1) (from Ch. 91 1/2, par. 808.1)
Sec. 8.1. The agency designated by the Governor under
Section 1 of "An Act in relation to the protection and advocacy
of the rights of persons with developmental disabilities, and
amending Acts therein named", approved September 20, 1985, as

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now or hereafter amended, shall have access, for the purpose
of inspection and copying, to the records of a person with
developmental disabilities who resides in a developmental
disability facility or mental health facility, as defined in
Sections 1-107 and 1-114, respectively, of the Mental Health
and Developmental Disabilities Code, as now or hereafter
amended, if (a) a complaint is received by such agency from or
on behalf of the person with a developmental disability, and
(b) such person does not have a guardian of the person or the
State or the designee of the State is his or her guardian of
the person. The designated agency shall provide written notice
of the receipt of a complaint to the custodian of the records
of the person from whom or on whose behalf a complaint is
received. The designated agency shall provide to the person
with developmental disabilities and to the Division of his or
her State Guardian guardian, if appointed, written notice of
the nature of the complaint based upon which the designated
agency has gained access to the records. No record or the
contents of any record shall be redisclosed by the designated
agency unless the person with developmental disabilities and
the Division of State Guardian guardian are provided 7 days
advance written notice, except in emergency situations, of the
designated agency's intent to redisclose such record, during
which time the person with developmental disabilities or the
Division of State Guardian guardian may seek to judicially
enjoin the designated agency's redisclosure of such record on

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the grounds that such redisclosure is contrary to the
interests of the person with developmental disabilities. If a
person with developmental disabilities resides in a
developmental disability or mental health facility and has a
guardian other than the State or the designee of the State, the
facility director shall disclose the guardian's name, address
and telephone number to the designated agency at the agency's
request.
Upon written request and after the provision of written
notice to the agency, facility or other body from which
records and other materials are sought of the designated
agency's investigation of problems affecting numbers of
persons with developmental disabilities, the designated agency
shall be entitled to inspect and copy any records or other
materials which may further the agency's investigation of
problems affecting numbers of persons with developmental
disabilities. When required by law any personally identifiable
information of persons with developmental disabilities shall
be removed from the records. However, the designated agency
may not inspect or copy records or other materials when the
removal of personally identifiable information imposes an
unreasonable burden on mental health and developmental
disabilities facilities.
For the purposes of this Section, "developmental
disability" means a severe, chronic disability of a person
which -

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(A) is attributable to a mental or physical impairment or
combination of mental and physical impairments;
(B) is manifested before the person attains age 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in 3 or
more of the following areas of major life activity: (i)
self-care, (ii) receptive and expressive language, (iii)
learning, (iv) mobility, (v) self-direction, (vi) capacity for
independent living, and (vii) economic self-sufficiency; and
(E) reflects the person's need for a combination and
sequence of special, interdisciplinary or generic care,
treatment or other services which are of lifelong or extended
duration and are individually planned and coordinated.
(Source: P.A. 88-380.)
Section 10-120. The Adoption Act is amended by changing
Section 13 as follows:
(750 ILCS 50/13) (from Ch. 40, par. 1516)
Sec. 13. Interim order. As soon as practicable after the
filing of a petition for adoption the court shall hold a
hearing for the following purposes:
A. In other than an adoption of a related child or an
adoption through an agency, or of an adult:
(a) To determine the validity of the consent, provided
that the execution of a consent pursuant to this Act shall

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be prima facie evidence of its validity, and provided that
the validity of a consent shall not be affected by the
omission therefrom of the names of the petitioners or
adopting parents at the time the consent is executed or
acknowledged, and further provided that the execution of a
consent prior to the filing of a petition for adoption
shall not affect its validity.
(b) To determine whether there is available suitable
temporary custodial care for a child sought to be adopted.
B. In all cases except standby adoptions and re-adoptions:
(a) The court shall appoint some licensed attorney
other than the State's attorney acting in his or her
official capacity as guardian ad litem to represent a
child sought to be adopted. Such guardian ad litem shall
have power to consent to the adoption of the child, if such
consent is required. In the case of a related adoption
where the child sought to be adopted is not a youth in
care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under legal
disability, if any. In the case of a related adoption
where the child sought to be adopted is not a youth in
care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(c) If the petition alleges a person to be unfit

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pursuant to the provisions of subparagraph (p) of
paragraph D of Section 1 of this Act, such person shall be
represented by counsel. If such person is indigent or an
appearance has not been entered on his behalf at the time
the matter is set for hearing, the court shall appoint as
counsel for him either the Department of Disability
Advocacy and Guardianship and Advocacy Commission, the
public defender, or, only if no attorney from the
Department of Disability Advocacy and Guardianship and
Advocacy Commission or the public defender is available,
an attorney licensed to practice law in this State.
(d) If it is proved to the satisfaction of the court,
after such investigation as the court deems necessary,
that termination of parental rights and temporary
commitment of the child to an agency or to a person deemed
competent by the court, including petitioners, will be for
the welfare of the child, the court may order the child to
be so committed and may terminate the parental rights of
the parents and declare the child a ward of the court or,
if it is not so proved, the court may enter such other
order as it shall deem necessary and advisable.
(e) Before an interim custody order is granted under
this Section, service of summons shall be had upon the
parent or parents whose rights have not been terminated,
except as provided in subsection (f). Reasonable notice
and opportunity to be heard shall be given to the parent or

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parents after service of summons when the address of the
parent or parents is available. The party seeking an
interim custody order shall make all reasonable efforts to
locate the parent or parents of the child or children they
are seeking to adopt and to notify the parent or parents of
the party's request for an interim custody order pursuant
to this Section.
(f) An interim custody order may be granted without
notice upon presentation to the court of a written
petition, accompanied by an affidavit, stating that there
is an immediate danger to the child and that irreparable
harm will result to the child if notice is given to the
parent or parents or legal guardian. Upon making a finding
that there is an immediate danger to the child if service
of process is had upon and notice of hearing is given to
the parent or parents or legal guardian prior to the entry
of an order granting temporary custody to someone other
than a parent or legal guardian, the court may enter an
order of temporary custody which shall expire not more
than 10 days after its entry. Every ex parte custody order
granted without notice shall state the injury which the
court sought to avoid by granting the order, the
irreparable injury that would have occurred had notice
been given, and the reason the order was granted without
notice. The matter shall be set down for full hearing
before the expiration of the ex parte order and will be

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heard after service of summons is had upon and notice of
hearing is given to the parent or parents or legal
guardian. At the hearing the burden of proof shall be upon
the party seeking to extend the interim custody order to
show that the order was properly granted without notice
and that custody should remain with the party seeking to
adopt during the pendency of the adoption proceeding. If
the interim custody order is extended, the reasons for
granting the extension shall be stated in the order.
C. In the case of a child born outside the United States or
a territory thereof, if the petitioners have previously been
appointed guardians of such child by a court of competent
jurisdiction in a country other than the United States or a
territory thereof, the court may order that the petitioners
continue as guardians of such child.
D. In standby adoption cases:
(a) The court shall appoint a licensed attorney other
than the State's Attorney acting in his or her official
capacity as guardian ad litem to represent a child sought
to be adopted. The guardian ad litem shall have power to
consent to the adoption of the child, if consent is
required.
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under legal
disability, if any. In the case of a related adoption
where the child sought to be adopted is not a youth in

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care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(c) The court lacks jurisdiction to proceed on the
petition for standby adoption if the child has a living
parent, adoptive parent, or adjudicated parent whose
rights have not been terminated and whose whereabouts are
known, unless the parent consents to the standby adoption
or, after receiving notice of the hearing on the standby
adoption petition, fails to object to the appointment of a
standby adoptive parent at the hearing on the petition.
(d) The court shall investigate as needed for the
welfare of the child and shall determine whether the
petitioner or petitioners shall be permitted to adopt.
(Source: P.A. 102-139, eff. 1-1-22.)
Section 10-125. The Probate Act of 1975 is amended by
changing Sections 11a-3.1, 11a-3.2, 11a-5, 11a-5.1, 11a-8.1,
11a-9, 11a-12, 11a-13, 11a-14.1, 11a-17, 12-4, 13-1, and
13-1.2 as follows:
(755 ILCS 5/11a-3.1)
Sec. 11a-3.1. Appointment of standby guardian.
(a) The guardian of a person with a disability may
designate in any writing, including a will, a person qualified
to act under Section 11a-5 to be appointed as standby guardian
of the person or estate, or both, of the person with a

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disability. The guardian may designate in any writing,
including a will, a person qualified to act under Section
11a-5 to be appointed as successor standby guardian of the
person or estate of the person with a disability, or both. The
designation must be witnessed by 2 or more credible witnesses
at least 18 years of age, neither of whom is the person
designated as the standby guardian. The designation may be
proved by any competent evidence. If the designation is
executed and attested in the same manner as a will, it shall
have prima facie validity. Prior to designating a proposed
standby guardian, the guardian shall consult with the person
with a disability to determine the preference of the person
with a disability as to the person who will serve as standby
guardian. The guardian shall give due consideration to the
preference of the person with a disability in selecting a
standby guardian.
(b) Upon the filing of a petition for the appointment of a
standby guardian, the court may appoint a standby guardian of
the person or estate, or both, of the person with a disability
as the court finds to be in the best interests of the person
with a disability. The court shall apply the same standards
used in determining the suitability of a plenary or limited
guardian in determining the suitability of a standby guardian,
giving due consideration to the preference of the person with
a disability as to a standby guardian. The court may not
appoint the Division Office of State Guardian, pursuant to

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Section 30 of the Guardianship and Advocacy Act, or a public
guardian, pursuant to Section 13-5 of this Act, as a standby
guardian, without the written consent of the Division of State
Guardian or public guardian or an authorized representative of
the Division of State Guardian or public guardian.
(c) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully
discharge the duties of the office of standby guardian
according to law, and shall file in and have approved by the
court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian
assumes all duties as guardian of the person with a disability
under Section 11a-18.2.
(d) The designation of a standby guardian may, but need
not, be in the following form:
DESIGNATION OF STANDBY GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
A standby guardian is someone who has been appointed
by the court as the person who will act as guardian of the
person with a disability when the guardian of the person
with a disability dies or is no longer willing or able to
make and carry out day-to-day care decisions concerning
the person with a disability. By properly completing this
form, a guardian is naming the person that the guardian
wants to be appointed as the standby guardian of the
person with a disability. Signing the form does not

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appoint the standby guardian; to be appointed, a petition
must be filed in and approved by the court.]
1. Guardian and Ward. I, (insert name of designating
guardian), currently residing at (insert address of
designating guardian), am the guardian of the following
person with a disability: (insert name of ward).
2. Standby Guardian. I hereby designate the following
person to be appointed as standby guardian for my ward
listed above: (insert name and address of person
designated).
3. Successor Standby Guardian. If the person named in
item 2 above cannot or will not act as standby guardian, I
designate the following person to be appointed as
successor standby guardian for my ward: (insert name and
address of person designated).
4. Date and Signature. This designation is made this
(insert day) day of (insert month and year).
Signed: (designating guardian)
5. Witnesses. I saw the guardian sign this designation
or the guardian told me that the guardian signed this
designation. Then I signed the designation as a witness in
the presence of the guardian. I am not designated in this
instrument to act as a standby guardian for the guardian's
ward. (insert space for names, addresses, and signatures
of 2 witnesses)
[END OF FORM]

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(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/11a-3.2)
Sec. 11a-3.2. Short-term guardian.
(a) The guardian of a person with a disability may appoint
in writing, without court approval, a short-term guardian of
the person with a disability to take over the guardian's
duties, to the extent provided in Section 11a-18.3, each time
the guardian is unavailable or unable to carry out those
duties. The guardian shall consult with the person with a
disability to determine the preference of the person with a
disability concerning the person to be appointed as short-term
guardian and the guardian shall give due consideration to the
preference of the person with a disability in choosing a
short-term guardian. The written instrument appointing a
short-term guardian shall be dated and shall identify the
appointing guardian, the person with a disability, the person
appointed to be the short-term guardian, and the termination
date of the appointment. The written instrument shall be
signed by, or at the direction of, the appointing guardian in
the presence of at least 2 credible witnesses at least 18 years
of age, neither of whom is the person appointed as the
short-term guardian. The person appointed as the short-term
guardian shall also sign the written instrument, but need not
sign at the same time as the appointing guardian. A guardian
may not appoint the Division Office of State Guardian or a

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public guardian as a short-term guardian, without the written
consent of the Division of State Guardian or public guardian
or an authorized representative of the State Guardian or
public guardian.
(b) The appointment of the short-term guardian is
effective immediately upon the date the written instrument is
executed, unless the written instrument provides for the
appointment to become effective upon a later specified date or
event. A short-term guardian appointed by the guardian shall
have authority to act as guardian of the person with a
disability for a cumulative total of 60 days during any
12-month period. Only one written instrument appointing a
short-term guardian may be in force at any given time.
(c) Every appointment of a short-term guardian may be
amended or revoked by the appointing guardian at any time and
in any manner communicated to the short-term guardian or to
any other person. Any person other than the short-term
guardian to whom a revocation or amendment is communicated or
delivered shall make all reasonable efforts to inform the
short-term guardian of that fact as promptly as possible.
(d) The appointment of a short-term guardian or successor
short-term guardian does not affect the rights in the person
with a disability of any guardian other than the appointing
guardian.
(e) The written instrument appointing a short-term
guardian may, but need not, be in the following form:

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APPOINTMENT OF SHORT-TERM GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
By properly completing this form, a guardian is
appointing a short-term guardian of the person with a
disability for a cumulative total of up to 60 days during
any 12-month period. A separate form shall be completed
each time a short-term guardian takes over guardianship
duties. The person or persons appointed as the short-term
guardian shall sign the form, but need not do so at the
same time as the guardian.]
1. Guardian and Ward. I, (insert name of appointing
guardian), currently residing at (insert address of
appointing guardian), am the guardian of the following
person with a disability: (insert name of ward).
2. Short-term Guardian. I hereby appoint the following
person as the short-term guardian for my ward: (insert
name and address of appointed person).
3. Effective date. This appointment becomes effective:
(check one if you wish it to be applicable)
( ) On the date that I state in writing that I am no
longer either willing or able to make and carry out
day-to-day care decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am no longer willing
or able to make and carry out day-to-day care decisions

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concerning my ward.
( ) On the date that I am admitted as an in-patient to
a hospital or other health care institution.
( ) On the following date: (insert date).
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment
is effective immediately upon the date the form is signed
and dated below.]
4. Termination. This appointment shall terminate on:
(enter a date corresponding to 60 days from the current
date, less the number of days within the past 12 months
that any short-term guardian has taken over guardianship
duties), unless it terminates sooner as determined by the
event or date I have indicated below: (check one if you
wish it to be applicable)
( ) On the date that I state in writing that I am
willing and able to make and carry out day-to-day care
decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am willing and able
to make and carry out day-to-day care decisions concerning
my ward.
( ) On the date that I am discharged from the hospital
or other health care institution where I was admitted as
an in-patient, which established the effective date.
( ) On the date which is (state a number of days) days

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after the effective date.
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment
will be effective until the 60th day within the past year
during which time any short-term guardian of this ward had
taken over guardianship duties from the guardian,
beginning on the effective date.]
5. Date and signature of appointing guardian. This
appointment is made this (insert day) day of (insert month
and year).
Signed: (appointing guardian)
6. Witnesses. I saw the guardian sign this instrument
or I saw the guardian direct someone to sign this
instrument for the guardian. Then I signed this instrument
as a witness in the presence of the guardian. I am not
appointed in this instrument to act as the short-term
guardian for the guardian's ward. (insert space for names,
addresses, and signatures of 2 witnesses)
7. Acceptance of short-term guardian. I accept this
appointment as short-term guardian on this (insert day)
day of (insert month and year).
Signed: (short-term guardian)
[END OF FORM]
(f) Each time the guardian appoints a short-term guardian,
the guardian shall: (i) provide the person with a disability
with the name, address, and telephone number of the short-term

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guardian; (ii) advise the person with a disability that he has
the right to object to the appointment of the short-term
guardian by filing a petition in court; and (iii) notify the
person with a disability when the short-term guardian will be
taking over guardianship duties and the length of time that
the short-term guardian will be acting as guardian.
(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
Sec. 11a-5. Who may act as guardian.
(a) A person is qualified to act as guardian of the person
and as guardian of the estate of a person with a disability if
the court finds that the proposed guardian is capable of
providing an active and suitable program of guardianship for
the person with a disability and that the proposed guardian:
(1) has attained the age of 18 years;
(2) is a resident of the United States;
(3) is not of unsound mind;
(4) is not an adjudged person with a disability as
defined in this Act; and
(5) has not been convicted of a felony, unless the
court finds appointment of the person convicted of a
felony to be in the best interests of the person with a
disability, and as part of the best interests
determination, the court has considered the nature of the
offense, the date of offense, and the evidence of the

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proposed guardian's rehabilitation. No person shall be
appointed who has been convicted of a felony involving
harm or threat to a minor or an elderly person or a person
with a disability, including a felony sexual offense.
(b) Any public agency, or not-for-profit corporation found
capable by the court of providing an active and suitable
program of guardianship for the person with a disability,
taking into consideration the nature of such person's
disability and the nature of such organization's services, may
be appointed guardian of the person or of the estate, or both,
of the person with a disability. The court shall not appoint as
guardian an agency or employee of an agency that is directly
providing residential services to the ward. One person or
agency may be appointed guardian of the person and another
person or agency appointed guardian of the estate.
(b-5)(1) The court may appoint separate individuals or
entities to act as the guardian of the person and the guardian
of the estate of a person with a disability if the court finds
it is in the best interests of the person with a disability
that separate guardians be appointed. The court shall not
appoint a separate person or entity to act as guardian of the
person or guardian of the estate with a public guardian or the
Division Office of State Guardian unless the public guardian
or the Division Office of State Guardian agrees to such an
appointment.
(2) The court may appoint co-guardians to act as guardian

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of the person, guardian of the estate, or both the guardian of
the person and the guardian of the estate if the court finds it
is in the best interests of the person with a disability. When
considering appointing co-guardians, the court shall consider
the proposed co-guardians' history of cooperating and working
together on behalf of the person with a disability. The court
shall appoint only co-guardians who agree to serve together.
The court shall not appoint a public guardian or the Division
Office of State Guardian as a co-guardian for a person with a
disability.
(c) Any corporation qualified to accept and execute trusts
in this State may be appointed guardian or limited guardian of
the estate of a person with a disability.
(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/11a-5.1)
Sec. 11a-5.1. Multiple guardianships. The court may not
appoint an individual the guardian of the person or estate of
an adult with disabilities before the individual has disclosed
to the court the number of adults with disabilities over which
the individual is currently appointed as guardian. If the
court determines that an individual is appointed guardian over
more than 5 adults with disabilities, then the court shall
issue an order directing the circuit court clerk to notify the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, in a form and manner prescribed by the

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Department of Disability Advocacy and Guardianship and
Advocacy Commission. The clerk shall notify the Department of
Disability Advocacy and Guardianship and Advocacy Commission
no later than 7 days after the entry of the order. The
Department of Disability Advocacy and Guardianship and
Advocacy Commission shall maintain a list of all notifications
it receives under this Section for reference by other agencies
or units of government or the public. This Section does not
apply to the Division Office of the State Guardian or a public
guardian.
(Source: P.A. 100-659, eff. 1-1-19.)
(755 ILCS 5/11a-8.1)
Sec. 11a-8.1. Petition for standby guardian of the person
with a disability. The petition for appointment of a standby
guardian of the person or the estate, or both, of a person with
a disability must state, if known: (a) the name, date of birth,
and residence of the person with a disability; (b) the names
and post office addresses of the nearest relatives of the
person with a disability in the following order: (1) the
spouse and adult children, parents and adult brothers and
sisters, if any; if none, (2) nearest adult kindred known to
the petitioner; (c) the name and post office address of the
person having guardianship of the person with a disability,
and of any person or persons acting as agents of the person
with a disability under the Illinois Power of Attorney Act;

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(d) the name, post office address, and, in case of any
individual, the age and occupation of the proposed standby
guardian; (e) the preference of the person with a disability
as to the choice of standby guardian; (f) the facts concerning
the consent of the guardian of the person with a disability to
the appointment of the standby guardian, or the willingness
and ability of the guardian of the person with a disability to
make and carry out day-to-day care decisions concerning the
person with a disability; (g) the facts concerning the
execution or admission to probate of the written designation
of the standby guardian, if any, a copy of which shall be
attached to or filed with the petition; (h) the facts
concerning any guardianship court actions pending concerning
the person with a disability; and (i) the facts concerning the
willingness of the proposed standby guardian to serve, and in
the case of the Division Office of State Guardian and any
public guardian, evidence of a written acceptance to serve
signed by the Division of State Guardian or public guardian or
an authorized representative of the Division of State Guardian
or public guardian, consistent with subsection (b) of Section
11a-3.1.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
Sec. 11a-9. Report.
(a) The petition for adjudication of disability and for

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appointment of a guardian should be accompanied by a report
which contains (1) a description of the nature and type of the
respondent's disability and an assessment of how the
disability impacts on the ability of the respondent to make
decisions or to function independently; (2) an analysis and
results of evaluations of the respondent's mental and physical
condition and, where appropriate, educational condition,
adaptive behavior and social skills, which have been performed
within 3 months of the date of the filing of the petition, or,
in the case of an intellectual disability, a psychological
evaluation of the respondent that has been performed by a
clinical psychologist licensed under the Clinical Psychologist
Licensing Act, within one year of the date of the filing of the
petition; (3) an opinion as to whether guardianship is needed,
the type and scope of the guardianship needed, and the reasons
therefor; (4) a recommendation as to the most suitable living
arrangement and, where appropriate, treatment or habilitation
plan for the respondent and the reasons therefor; (5) the
name, business address, business telephone number, and
signatures of all persons who performed the evaluations upon
which the report is based, one of whom shall be a licensed
physician, or may, in the case of an intellectual disability,
be a clinical psychologist licensed under the Clinical
Psychologist Licensing Act, and a statement of the
certification, license, or other credentials that qualify the
evaluators who prepared the report.

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(b) If for any reason no report accompanies the petition,
the court shall order appropriate evaluations to be performed
by a qualified person or persons and a report prepared and
filed with the court at least 10 days prior to the hearing.
(b-5) Upon oral or written motion by the respondent or the
guardian ad litem or upon the court's own motion, the court
shall appoint one or more independent experts to examine the
respondent. Upon the filing with the court of a verified
statement of services rendered by the expert or experts, the
court shall determine a reasonable fee for the services
performed. If the respondent is unable to pay the fee, the
court may enter an order upon the petitioner to pay the entire
fee or such amount as the respondent is unable to pay. However,
in cases where the Division Office of State Guardian is the
petitioner, consistent with Section 30 of the Guardianship and
Advocacy Act, no expert services fees shall be assessed
against the Division Office of the State Guardian.
(c) Unless the court otherwise directs, any report
prepared pursuant to this Section shall not be made part of the
public record of the proceedings but shall be available to the
court or an appellate court in which the proceedings are
subject to review, to the respondent, the petitioner, the
guardian, and their attorneys, to the respondent's guardian ad
litem, and to such other persons as the court may direct.
Accessibility to a report prepared pursuant to this
Section shall be in accordance with Section 5 of the Court

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Record and Document Accessibility Act.
(Source: P.A. 102-109, eff. 1-1-22; 103-166, eff. 1-1-24.)
(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
Sec. 11a-12. Order of appointment.
(a) If basis for the appointment of a guardian as
specified in Section 11a-3 is not found, the court shall
dismiss the petition.
(b) If the respondent is adjudged to be a person with a
disability and to lack some but not all of the capacity as
specified in Section 11a-3, and if the court finds that
guardianship is necessary for the protection of the person
with a disability, his or her estate, or both, the court shall
appoint a limited guardian for the respondent's person or
estate or both. The court shall enter a written order stating
the factual basis for its findings and specifying the duties
and powers of the guardian and the legal disabilities to which
the respondent is subject.
(c) If the respondent is adjudged to be a person with a
disability and to be totally without capacity as specified in
Section 11a-3, and if the court finds that limited
guardianship will not provide sufficient protection for the
person with a disability, his or her estate, or both, the court
shall appoint a plenary guardian for the respondent's person
or estate or both. The court shall enter a written order
stating the factual basis for its findings.

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(d) The selection of the guardian shall be in the
discretion of the court, which shall give due consideration to
the preference of the person with a disability as to a
guardian, as well as the qualifications of the proposed
guardian, in making its appointment. However, the paramount
concern in the selection of the guardian is the best interests
and well-being of the person with a disability.
One person or agency may be appointed a limited or plenary
guardian of the person and another person or corporate trustee
appointed as a limited or plenary guardian of the estate. If
different persons are appointed, the court shall consider the
factors set forth in subsection (b-5) of Section 11a-5. The
court shall enter a written order stating the factual basis
for its findings.
(e) The order of appointment of a guardian shall include
the requirement that the guardian complete the training
program as provided in Section 33.5 of the Guardianship and
Advocacy Act that outlines the responsibilities of the
guardian of the person and the rights of the person under
guardianship and file with the court a certificate of
completion within one year from the date of issuance of the
letters of guardianship, except that: (1) the chief judge of
any circuit may order implementation of another training
program by a suitable provider containing substantially
similar content; (2) employees of the Division Office of the
State Guardian, public guardians, attorneys currently

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authorized to practice law, corporate fiduciaries, and persons
certified by the Center for Guardianship Certification are
exempt from this training requirement; and (3) the court may,
for good cause shown, exempt from this requirement an
individual not otherwise listed in item (2). For the purposes
of this subsection (e), good cause may be proven by affidavit.
If the court finds good cause to exempt an individual from the
training requirement, the order of appointment shall so state.
(Source: P.A. 104-237, eff. 1-1-26.)
(755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13)
Sec. 11a-13. Costs in certain cases.)
(a) No costs may be taxed or charged by any public officer
in any proceeding for the appointment of a guardian or for any
subsequent proceeding or report made in pursuance of the
appointment when the primary purpose of the appointment is as
set forth in Section 11-11 or is the management of the estate
of a person with a mental disability who resides in a state
mental health or developmental disabilities facility when the
value of the personal estate does not exceed $1,000.
(b) No costs shall be taxed or charged against the
Division Office of the State Guardian by any public officer in
any proceeding for the appointment of a guardian or for any
subsequent proceeding or report made in pursuance of the
appointment.
(Source: P.A. 99-143, eff. 7-27-15.)

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(755 ILCS 5/11a-14.1) (from Ch. 110 1/2, par. 11a-14.1)
Sec. 11a-14.1. Residential placement.) No guardian
appointed under this Article, except for duly appointed Public
Guardians and the Division Office of State Guardian, shall
have the power, unless specified by court order, to place his
ward in a residential facility. The guardianship order may
specify the conditions on which the guardian may admit the
ward to a residential facility without further court order. In
making residential placement decisions, the guardian shall
make decisions in conformity with the preferences of the ward
unless the guardian is reasonably certain that the decisions
will result in substantial harm to the ward or to the ward's
estate. When the preferences of the ward cannot be ascertained
or where they will result in substantial harm to the ward or to
the ward's estate, the guardian shall make decisions with
respect to the ward's placement which are in the best
interests of the ward. The guardian shall not remove the ward
from his or her home or separate the ward from family and
friends unless such removal is necessary to prevent
substantial harm to the ward or to the ward's estate. The
guardian shall have a duty to investigate the availability of
reasonable residential alternatives. The guardian shall
monitor the placement of the ward on an on-going basis to
ensure its continued appropriateness, and shall pursue
appropriate alternatives as needed.

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(Source: P.A. 90-250, eff. 7-29-97.)
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
Sec. 11a-17. Duties of personal guardian.
(a) To the extent ordered by the court and under the
direction of the court, the guardian of the person shall have
custody of the ward and the ward's minor and adult dependent
children and shall procure for them and shall make provision
for their support, care, comfort, health, education and
maintenance, and professional services as are appropriate, but
the ward's spouse may not be deprived of the custody and
education of the ward's minor and adult dependent children,
without the consent of the spouse, unless the court finds that
the spouse is not a fit and competent person to have that
custody and education. The guardian shall assist the ward in
the development of maximum self-reliance and independence. The
guardian of the person may petition the court for an order
directing the guardian of the estate to pay an amount
periodically for the provision of the services specified by
the court order. If the ward's estate is insufficient to
provide for education and the guardian of the ward's person
fails to provide education, the court may award the custody of
the ward to some other person for the purpose of providing
education. If a person makes a settlement upon or provision
for the support or education of a ward, the court may make an
order for the visitation of the ward by the person making the

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settlement or provision as the court deems proper. A guardian
of the person may not admit a ward to a mental health facility
except at the ward's request as provided in Article IV of the
Mental Health and Developmental Disabilities Code and unless
the ward has the capacity to consent to such admission as
provided in Article IV of the Mental Health and Developmental
Disabilities Code.
(a-3) If a guardian of an estate has not been appointed,
the guardian of the person may, without an order of court,
open, maintain, and transfer funds to an ABLE account on
behalf of the ward and the ward's minor and adult dependent
children as specified under Section 16.6 of the State
Treasurer Act.
(a-5) If the ward filed a petition for dissolution of
marriage under the Illinois Marriage and Dissolution of
Marriage Act before the ward was adjudicated a person with a
disability under this Article, the guardian of the ward's
person and estate may maintain that action for dissolution of
marriage on behalf of the ward. Upon petition by the guardian
of the ward's person or estate, the court may authorize and
direct a guardian of the ward's person or estate to file a
petition for dissolution of marriage or to file a petition for
legal separation or declaration of invalidity of marriage
under the Illinois Marriage and Dissolution of Marriage Act on
behalf of the ward if the court finds by clear and convincing
evidence that the relief sought is in the ward's best

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interests. In making its determination, the court shall
consider the standards set forth in subsection (e) of this
Section.
(a-10) Upon petition by the guardian of the ward's person
or estate, the court may authorize and direct a guardian of the
ward's person or estate to consent, on behalf of the ward, to
the ward's marriage pursuant to Part II of the Illinois
Marriage and Dissolution of Marriage Act if the court finds by
clear and convincing evidence that the marriage is in the
ward's best interests. In making its determination, the court
shall consider the standards set forth in subsection (e) of
this Section. Upon presentation of a court order authorizing
and directing a guardian of the ward's person and estate to
consent to the ward's marriage, the county clerk shall accept
the guardian's application, appearance, and signature on
behalf of the ward for purposes of issuing a license to marry
under Section 203 of the Illinois Marriage and Dissolution of
Marriage Act.
(b) If the court directs, the guardian of the person shall
file with the court at intervals indicated by the court, a
report that shall state briefly: (1) the current mental,
physical, and social condition of the ward and the ward's
minor and adult dependent children; (2) their present living
arrangement, and a description and the address of every
residence where they lived during the reporting period and the
length of stay at each place; (3) a summary of the medical,

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educational, vocational, and other professional services given
to them; (4) a resume of the guardian's visits with and
activities on behalf of the ward and the ward's minor and adult
dependent children; (5) a recommendation as to the need for
continued guardianship; (6) any other information requested by
the court or useful in the opinion of the guardian. The
Division Office of the State Guardian shall assist the
guardian in filing the report when requested by the guardian.
The court may take such action as it deems appropriate
pursuant to the report.
(c) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian has no power, duty, or liability with respect to any
personal or health care matters covered by the agency. This
subsection (c) applies to all agencies, whenever and wherever
executed.
(d) A guardian acting as a surrogate decision maker under
the Health Care Surrogate Act shall have all the rights of a
surrogate under that Act without court order including the
right to make medical treatment decisions such as decisions to
forgo or withdraw life-sustaining treatment. Any decisions by
the guardian to forgo or withdraw life-sustaining treatment
that are not authorized under the Health Care Surrogate Act
shall require a court order. Nothing in this Section shall
prevent an agent acting under a power of attorney for health

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care from exercising his or her authority under the Illinois
Power of Attorney Act without further court order, unless a
court has acted under Section 2-10 of the Illinois Power of
Attorney Act. If a guardian is also a health care agent for the
ward under a valid power of attorney for health care, the
guardian acting as agent may execute his or her authority
under that act without further court order.
(e) Decisions made by a guardian on behalf of a ward shall
be made in accordance with the following standards for
decision making. The guardian shall consider the ward's
current preferences to the extent the ward has the ability to
participate in decision making when those preferences are
known or reasonably ascertainable by the guardian. Decisions
by the guardian shall conform to the ward's current
preferences: (1) unless the guardian reasonably believes that
doing so would result in substantial harm to the ward's
welfare or personal or financial interests; and (2) so long as
such decisions give substantial weight to what the ward, if
competent, would have done or intended under the
circumstances, taking into account evidence that includes, but
is not limited to, the ward's personal, philosophical,
religious and moral beliefs, and ethical values relative to
the decision to be made by the guardian. Where possible, the
guardian shall determine how the ward would have made a
decision based on the ward's previously expressed preferences,
and make decisions in accordance with the preferences of the

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ward. If the ward's wishes are unknown and remain unknown
after reasonable efforts to discern them, or if the guardian
reasonably believes that a decision made in conformity with
the ward's preferences would result in substantial harm to the
ward's welfare or personal or financial interests, the
decision shall be made on the basis of the ward's best
interests as determined by the guardian. In determining the
ward's best interests, the guardian shall weigh the reason for
and nature of the proposed action, the benefit or necessity of
the action, the possible risks and other consequences of the
proposed action, and any available alternatives and their
risks, consequences and benefits, and shall take into account
any other information, including the views of family and
friends, that the guardian believes the ward would have
considered if able to act for herself or himself.
(f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to
interested persons as the court directs and a finding by the
court that it is in the best interests of the person with a
disability, the court may terminate or limit the authority of
a standby or short-term guardian or may enter such other
orders as the court deems necessary to provide for the best
interests of the person with a disability. The petition for
termination or limitation of the authority of a standby or
short-term guardian may, but need not, be combined with a
petition to have another guardian appointed for the person

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with a disability.
(g)(1) Unless there is a court order to the contrary, the
guardian, consistent with the standards set forth in
subsection (e) of this Section, shall use reasonable efforts
to notify the ward's known adult children, who have requested
notification and provided contact information, of the ward's
admission to a hospital, hospice, or palliative care program,
the ward's death, and the arrangements for the disposition of
the ward's remains.
(2) If a guardian unreasonably prevents an adult child,
spouse, adult grandchild, parent, or adult sibling of the ward
from visiting the ward, the court, upon a verified petition,
may order the guardian to permit visitation between the ward
and the adult child, spouse, adult grandchild, parent, or
adult sibling. In making its determination, the court shall
consider the standards set forth in subsection (e) of this
Section. The court shall not allow visitation if the court
finds that the ward has capacity to evaluate and communicate
decisions regarding visitation and expresses a desire not to
have visitation with the petitioner. This subsection (g) does
not apply to duly appointed public guardians or the Division
Office of State Guardian.
(Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22;
102-258, eff. 8-6-21; 102-813, eff. 5-13-22.)
(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)

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Sec. 12-4. When security excused or specified.)
(a) Except as provided in paragraph (c) of Section 6-13
with respect to a nonresident executor, no security is
required of a person who is excused by the will from giving
bond or security and no greater security than is specified by
the will is required, unless in either case the court, from its
own knowledge or the suggestion of any interested person, has
cause to suspect the representative of fraud or incompetence
or believes that the estate of the decedent will not be
sufficient to discharge all the claims against the estate, or
in the case of a testamentary guardian of the estate, that the
rights of the ward will be prejudiced by failure to give
security.
(b) If a person designates a guardian of his person or
estate or both to be appointed in the event he is adjudged a
person with a disability as provided in Section 11a-6 and
excuses the guardian from giving bond or security, or if the
guardian is the Division Office of State Guardian, the
guardian's bond in the amount from time to time required under
this Article shall be in full force and effect without
writing, unless the court requires the filing of a written
bond.
(c) The Division Office of State Guardian shall not be
required to have sureties or surety companies as security on
its bonds. The oath and bond of the representative without
surety shall be sufficient.

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(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
Sec. 13-1. Appointment and term of public administrator
and public guardian.
(a) Except as provided in Section 13-1.1, before the first
Monday of December, 1977 and every 4 years thereafter, and as
often as vacancies occur, the Governor, by and with the advice
and consent of the Senate, shall appoint in each county a
suitable person to serve as public administrator and a
suitable person to serve as public guardian of the county. The
Governor may designate, without the advice and consent of the
Senate, the Division Office of State Guardian as an interim
public guardian to fill a vacancy in one or more counties
having a population of 500,000 or less if the designation:
(1) is specifically designated as an interim
appointment for a term of the lesser of one year or until
the Governor appoints, with the advice and consent of the
Senate, a county public guardian to fill the vacancy;
(2) requires the Division Office of State Guardian to
affirm its availability to act in the county; and
(3) expires in a pending case of a person with a
disability in the county at such a time as the court
appoints a qualified successor guardian of the estate and
person for the person with a disability.
When appointed as an interim public guardian, the Division

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of State Guardian will perform the powers and duties assigned
to it under the Guardianship and Advocacy Act.
The Governor may appoint the same person to serve as
public guardian and public administrator in one or more
counties. In considering the number of counties of service for
any prospective public guardian or public administrator the
Governor may consider the population of the county and the
ability of the prospective public guardian or public
administrator to travel to multiple counties and manage
estates in multiple counties. Each person so appointed holds
his office for 4 years from the first Monday of December, 1977
and every 4 years thereafter or until his successor is
appointed and qualified.
(b) Within 14 days of notification to the current public
guardian of the appointment by the Governor of a new public
guardian pursuant to this Section, the outgoing public
guardian shall provide the incoming successor public guardian
with a list of current guardianships. Within 60 days of
receipt of the list of guardianships, the incoming public
guardian may petition the court for a transfer of a
guardianship to the incoming public guardian. The transfer of
a guardianship of the person, estate, or both shall be made if
it is in the best interests of the ward as determined by the
court on a case-by-case basis.
Factors for the court to consider include, but are not
limited to, the following:

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(1) the ward's preference as to the transfer of the
guardianship;
(2) the recommendation of the guardian ad litem, the
ward's family members, and other interested parties;
(3) the length of time in which the outgoing public
guardian has served as guardian for the ward;
(4) the ward's relationship with the outgoing public
guardian's office;
(5) the nature and extent of the ward's disabilities;
(6) the ward's current residential placement, his or
her current support network, and ongoing needs;
(7) the costs involved in the transfer of the ward's
estate;
(8) the status of pending legal matters or other
matters germane to the ward's care or the management of
the ward's estate;
(9) the obligation to post bond and the cost thereof;
(10) the guardians' status with regard to
certification by the Center for Guardianship
Certification; and
(11) other good causes.
If the court approves a transfer to the incoming public
guardian, the outgoing public guardian shall file a final
account of his or her activities on behalf of the ward within
30 days or within such other time that the court may allow. The
outgoing public guardian may file a petition for final fees

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pursuant to subsection (b) of Section 13-3.1.
(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/13-1.2)
Sec. 13-1.2. Certification requirement. Each person
appointed as a public guardian by the Governor shall be
certified as a National Certified Guardian by the Center for
Guardianship Certification within 6 months after his or her
appointment. The Department of Disability Advocacy and
Guardianship and Advocacy Commission shall provide public
guardians with information about certification requirements
and procedures for testing and certification offered by the
Center for Guardianship Certification. The cost of
certification shall be considered an expense connected with
the operation of the public guardian's office within the
meaning of subsection (b) of Section 13-3.1 of this Article.
A public guardian shall additionally complete a one-hour
course regarding Alzheimer's disease and dementia within 6
months of appointment and annually thereafter. The training
program shall include, but not be limited to, the following
topics: effective communication strategies; best practices for
interacting with people with Alzheimer's disease and related
forms of dementia; and strategies for supporting people living
with Alzheimer's disease or related forms of dementia in
exercising their rights.
(Source: P.A. 103-64, eff. 1-1-24.)

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Section 10-130. The Supported Decision-Making Agreement
Act is amended by changing Section 30 as follows:
(755 ILCS 9/30)
Sec. 30. Supporter duties.
(a) Except as otherwise provided by a supported
decision-making agreement, a supporter may:
(1) Assist the principal in understanding information,
options, responsibilities, and consequences of the life
decisions of the principal, including those decisions
related to the affairs or support services of the
principal.
(2) Help the principal access, obtain, and understand
any information that is relevant to any given life
decision, including a medical, psychological, financial,
or educational decision, or any treatment records or
records necessary to manage the affairs or support
services of the principal.
(3) Assist the principal in finding, obtaining, making
appointments for, and implementing the support services or
plans for support services of the principal.
(4) Help the principal monitor information about the
affairs or support services of the principal, including
keeping track of future necessary or recommended services.
(5) Ascertain the wishes and decisions of the

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principal in order to advocate that the wishes and
decisions of an individual with disabilities are
implemented.
(b) A supporter shall act with the care, competence, and
diligence ordinarily exercised by an individual in a similar
circumstance, with due regard to the possession of, or lack
of, special skills or expertise.
(c) A supporter shall seek training and education
regarding the responsibilities and limitations of the
supporter role. The Department of Disability Advocacy and
Guardianship and Advocacy Commission shall provide public
information about this Act and the supporter role,
responsibilities, and limitations.
The Department of Disability Advocacy and Guardianship and
Advocacy Commission shall develop training and education
materials for both principals and supporters, including, but
not limited to, sample agreements that will be posted on the
website of the Department Commission along with public
awareness materials.
(Source: P.A. 102-614, eff. 2-27-22.)
Section 10-135. The Illinois Power of Attorney Act is
amended by changing Section 2-7 as follows:
(755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
Sec. 2-7. Duty - standard of care - record-keeping -

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exoneration.
(a) The agent shall be under no duty to exercise the powers
granted by the agency or to assume control of or
responsibility for any of the principal's property, care or
affairs, regardless of the principal's physical or mental
condition. Whenever a power is exercised, the agent shall act
in good faith for the benefit of the principal using due care,
competence, and diligence in accordance with the terms of the
agency and shall be liable for negligent exercise. An agent
who acts with due care for the benefit of the principal shall
not be liable or limited merely because the agent also
benefits from the act, has individual or conflicting interests
in relation to the property, care or affairs of the principal
or acts in a different manner with respect to the agency and
the agent's individual interests. The agent shall not be
affected by any amendment or termination of the agency until
the agent has actual knowledge thereof. The agent shall not be
liable for any loss due to error of judgment nor for the act or
default of any other person.
(b) An agent that has accepted appointment must act in
accordance with the principal's expectations to the extent
actually known to the agent and otherwise in the principal's
best interests.
(c) An agent shall keep a record of all receipts,
disbursements, and significant actions taken under the
authority of the agency and shall provide a copy of this record

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when requested to do so by:
(1) the principal, a guardian, another fiduciary
acting on behalf of the principal, and, after the death of
the principal, the personal representative or successors
in interest of the principal's estate;
(2) a representative of a provider agency, as defined
in Section 2 of the Adult Protective Services Act, acting
in the course of an assessment of a complaint of elder
abuse or neglect under that Act;
(3) a representative of the Office of the State Long
Term Care Ombudsman, acting in the course of an
investigation of a complaint of financial exploitation of
a nursing home resident under Section 4.04 of the Illinois
Act on the Aging;
(4) a representative of the Office of Inspector
General for the Department of Human Services, acting in
the course of an assessment of a complaint of financial
exploitation of an adult with disabilities pursuant to
Section 35 of the Abuse of Adults with Disabilities
Intervention Act;
(5) a court under Section 2-10 of this Act; or
(6) a representative of the Division Office of State
Guardian or public guardian for the county in which the
principal resides acting in the course of investigating
whether to file a petition for guardianship of the
principal under Section 11a-4 or 11a-8 of the Probate Act

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of 1975.
(d) If the agent fails to provide his or her record of all
receipts, disbursements, and significant actions within 21
days after a request under subsection (c), the adult abuse
provider agency, the Division of State Guardian, the public
guardian, or a representative of the Office of the State Long
Term Care Ombudsman may petition the court for an order
requiring the agent to produce his or her record of receipts,
disbursements, and significant actions. If the court finds
that the agent's failure to provide his or her record in a
timely manner to the adult abuse provider agency, the Division
of State Guardian, the public guardian, or a representative of
the Office of the State Long Term Care Ombudsman was without
good cause, the court may assess reasonable costs and
attorney's fees against the agent, and order such other relief
as is appropriate.
(e) An agent is not required to disclose receipts,
disbursements, or other significant actions conducted on
behalf of the principal except as otherwise provided in the
power of attorney or as required under subsection (c).
(f) An agent that violates this Act is liable to the
principal or the principal's successors in interest for the
amount required (i) to restore the value of the principal's
property to what it would have been had the violation not
occurred, and (ii) to reimburse the principal or the
principal's successors in interest for the attorney's fees and

10400HB0862sam001 - 341 - LRB104 04759 JDS 38476 a
costs paid on the agent's behalf. This subsection does not
limit any other applicable legal or equitable remedies.
(Source: P.A. 100-952, eff. 1-1-19.)
Article 15.
Section 15-5. The Illinois Human Rights Act is amended by
changing Sections 7-101, 7A-102, 7B-102, 8-101, and 8-105 and
by adding Section 9-103 as follows:
(775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
Sec. 7-101. Powers and duties. In addition to other powers
and duties prescribed in this Act, the Department shall have
the following powers:
(A) Rules and Regulations. To adopt, promulgate, amend,
and rescind rules and regulations not inconsistent with the
provisions of this Act pursuant to the Illinois Administrative
Procedure Act.
(B) Charges. To issue, receive, investigate, conciliate,
settle, and dismiss charges filed in conformity with this Act.
(C) Compulsory Process. To issue request subpoenas as it
deems necessary for its investigations.
(D) Complaints. To file complaints with the Commission in
conformity with this Act and to intervene in complaints
pending before the Commission filed under Article 2, 4, 5, 5A,
or 6.

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(E) Judicial Enforcement. To seek temporary relief and to
enforce orders of the Commission in conformity with this Act.
(F) Equal Employment Opportunities. To take such action as
may be authorized to provide for equal employment
opportunities and affirmative action.
(G) Recruitment; Research; Public Communication; Advisory
Councils. To engage in such recruitment, research and public
communication and create such advisory councils as may be
authorized to effectuate the purposes of this Act.
(H) Coordination with other Agencies. To coordinate its
activities with federal, state, and local agencies in
conformity with this Act.
(I) Grants; Private Gifts.
(1) To accept public grants and private gifts as may
be authorized.
(2) To design grant programs and award grants to
eligible recipients.
(J) Education and Training. To implement a formal and
unbiased program of education and training for all employees
assigned to investigate and conciliate charges under Articles
7A and 7B. The training program shall include the following:
(1) substantive and procedural aspects of the
investigation and conciliation positions;
(2) current issues in human rights law and practice;
(3) lectures by specialists in substantive areas
related to human rights matters;

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(4) orientation to each operational unit of the
Department and Commission;
(5) observation of experienced Department
investigators and attorneys conducting conciliation
conferences, combined with the opportunity to discuss
evidence presented and rulings made;
(6) the use of hypothetical cases requiring the
Department investigator and conciliation conference
attorney to issue judgments as a means of to evaluating
knowledge and writing ability;
(7) writing skills;
(8) computer skills, including but not limited to word
processing and document management.
A formal, unbiased and ongoing professional development
program including, but not limited to, the above-noted areas
shall be implemented to keep Department investigators and
attorneys informed of recent developments and issues and to
assist them in maintaining and enhancing their professional
competence.
(K) Hotlines. To establish and maintain hotlines and
helplines to aid in effectuating the purposes of this Act
including the confidential reporting of discrimination,
harassment, and bias incidents. All communications received or
sent via the hotlines and helplines are exempt from disclosure
under the Freedom of Information Act.
(Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24;

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103-859, eff. 1-1-25.)
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 2 years after the date that a civil rights
violation allegedly has been committed, a charge in
writing under oath or affirmation may be filed with the
Department by an aggrieved party or issued by the
Department itself under the signature of the Director.
(2) The charge shall be in such detail as to
substantially apprise any party properly concerned as to
the time, place, and facts surrounding the alleged civil
rights violation.
(3) Charges deemed filed with the Department pursuant
to subsection (A-1) of this Section shall be deemed to be
in compliance with this subsection.
(A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment
Opportunity Commission (EEOC) within 300 calendar days
after the date of the alleged civil rights violation, the
charge shall be deemed filed with the Department on the
date filed with the EEOC. If the EEOC is the governmental
agency designated to investigate the charge first, the
Department shall take no action until the EEOC makes a
determination on the charge and after the complainant

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notifies the Department of the EEOC's determination. In
such cases, after receiving notice from the EEOC that a
charge was filed, the Department shall notify the parties
that (i) a charge has been received by the EEOC and has
been sent to the Department for dual filing purposes; (ii)
the EEOC is the governmental agency responsible for
investigating the charge and that the investigation shall
be conducted pursuant to the rules and procedures adopted
by the EEOC; (iii) it will take no action on the charge
until the EEOC issues its determination; (iv) the
complainant must submit a copy of the EEOC's determination
within 30 days after service of the determination by the
EEOC on the complainant; and (v) that the time period to
investigate the charge contained in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC until the EEOC issues its
determination.
(2) If the EEOC finds reasonable cause to believe that
there has been a violation of federal law and if the
Department is timely notified of the EEOC's findings by
the complainant, the Department shall notify the
complainant that the Department has adopted the EEOC's
determination of reasonable cause and that the complainant
has the right, within 90 days after receipt of the
Department's notice, to either file the complainant's own
complaint with the Illinois Human Rights Commission or

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commence a civil action in the appropriate circuit court
or other appropriate court of competent jurisdiction. This
notice shall be provided to the complainant within 10
business days after the Department's receipt of the EEOC's
determination. The Department's notice to the complainant
that the Department has adopted the EEOC's determination
of reasonable cause shall constitute the Department's
Report for purposes of subparagraph (D) of this Section.
(3) For those charges alleging violations within the
jurisdiction of both the EEOC and the Department and for
which the EEOC either (i) does not issue a determination,
but does issue the complainant a notice of a right to sue,
including when the right to sue is issued at the request of
the complainant, or (ii) determines that it is unable to
establish that illegal discrimination has occurred and
issues the complainant a right to sue notice, and if the
Department is timely notified of the EEOC's determination
by the complainant, the Department shall notify the
parties, within 10 business days after receipt of the
EEOC's determination, that the Department will adopt the
EEOC's determination as a dismissal for lack of
substantial evidence unless the complainant requests in
writing within 35 days after receipt of the Department's
notice that the Department review the EEOC's
determination.
(a) If the complainant does not file a written

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request with the Department to review the EEOC's
determination within 35 days after receipt of the
Department's notice, the Department shall notify the
complainant, within 10 business days after the
expiration of the 35-day period, that the decision of
the EEOC has been adopted by the Department as a
dismissal for lack of substantial evidence and that
the complainant has the right, within 90 days after
receipt of the Department's notice, to commence a
civil action in the appropriate circuit court or other
appropriate court of competent jurisdiction. The
Department's notice to the complainant that the
Department has adopted the EEOC's determination shall
constitute the Department's report for purposes of
subparagraph (D) of this Section.
(b) If the complainant does file a written request
with the Department to review the EEOC's
determination, the Department shall review the EEOC's
determination and any evidence obtained by the EEOC
during its investigation. If, after reviewing the
EEOC's determination and any evidence obtained by the
EEOC, the Department determines there is no need for
further investigation of the charge, the Department
shall issue a report and the Director shall determine
whether there is substantial evidence that the alleged
civil rights violation has been committed pursuant to

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subsection (D) of this Section. If, after reviewing
the EEOC's determination and any evidence obtained by
the EEOC, the Department determines there is a need
for further investigation of the charge, the
Department may conduct any further investigation it
deems necessary. After reviewing the EEOC's
determination, the evidence obtained by the EEOC, and
any additional investigation conducted by the
Department, the Department shall issue a report and
the Director shall determine whether there is
substantial evidence that the alleged civil rights
violation has been committed pursuant to subsection
(D) of this Section.
(4) Pursuant to this Section, if the EEOC dismisses
the charge or a portion of the charge of discrimination
because, under federal law, the EEOC lacks jurisdiction
over the charge, and if, under this Act, the Department
has jurisdiction over the charge of discrimination, the
Department shall investigate the charge or portion of the
charge dismissed by the EEOC for lack of jurisdiction
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
(E), (F), (G), (H), (I), (J), and (K) of this Section.
(5) The time limit set out in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC to the date on which the EEOC issues
its determination.

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(6) The failure of the Department to meet the
10-business-day notification deadlines set out in
paragraph (2) of this subsection shall not impair the
rights of any party.
(B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve
a copy of the charge on the respondent and provide all parties
with a notice of the complainant's right to opt out of the
investigation within 60 days as set forth in subsection (C-1).
This period shall not be construed to be jurisdictional. The
charging party and the respondent may each file a position
statement and other materials with the Department regarding
the charge of alleged discrimination within 60 days of receipt
of the notice of the charge. The position statements and other
materials filed shall remain confidential unless otherwise
agreed to by the party providing the information and shall not
be served on or made available to the other party during the
pendency of a charge with the Department. The Department may
require the respondent to file a response to the allegations
contained in the charge. Upon the Department's request, the
respondent shall file a response to the charge within 60 days
and shall serve a copy of its response on the complainant or
the complainant's representative. Notwithstanding any request
from the Department, the respondent may elect to file a
response to the charge within 60 days of receipt of notice of
the charge, provided the respondent serves a copy of its

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response on the complainant or the complainant's
representative. All allegations contained in the charge not
denied by the respondent within 60 days of the Department's
request for a response may be deemed admitted, unless the
respondent states that it is without sufficient information to
form a belief with respect to such allegation. The Department
may issue a notice of default directed to any respondent who
fails to file a response to a charge within 60 days of receipt
of the Department's request, unless the respondent can
demonstrate good cause as to why such notice should not issue.
The term "good cause" shall be defined by rule promulgated by
the Department. Within 30 days of receipt of the respondent's
response, the complainant may file a reply to said response
and shall serve a copy of said reply on the respondent or the
respondent's representative. A party shall have the right to
supplement the party's response or reply at any time that the
investigation of the charge is pending. The Department shall,
within 10 days of the date on which the charge was filed, and
again no later than 335 days thereafter, send by certified or
registered mail, or electronic mail if elected by the party,
written notice to the complainant and to the respondent
informing the complainant of the complainant's rights to
either file a complaint with the Human Rights Commission or
commence a civil action in the appropriate circuit court under
subparagraph (2) of paragraph (G), including in such notice
the dates within which the complainant may exercise these

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rights. In the notice the Department shall notify the
complainant that the charge of civil rights violation will be
dismissed with prejudice and with no right to further proceed
if a written complaint is not timely filed with the Commission
or with the appropriate circuit court by the complainant
pursuant to subparagraph (2) of paragraph (G) or by the
Department pursuant to subparagraph (1) of paragraph (G).
(B-1) Mediation. The complainant and respondent may agree
to voluntarily submit the charge to mediation without waiving
any rights that are otherwise available to either party
pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring
in mediation shall be disclosed by the Department or
admissible in evidence in any subsequent proceeding unless the
complainant and the respondent agree in writing that such
disclosure be made.
(C) Investigation.
(1) The Department shall conduct an investigation
sufficient to determine whether the allegations set forth
in the charge are supported by substantial evidence unless
the complainant elects to opt out of an investigation
pursuant to subsection (C-1).
(2) The Director or the Director's designated
representatives shall have authority to request any member
of the Commission to issue subpoenas to compel the
attendance of a witness or the production for examination

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of any books, records or documents whatsoever as it deems
necessary for the Department's investigations.
(3) If any witness whose testimony is required for any
investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator
or appear at a fact-finding fact finding conference, the
witness' testimony or deposition may be taken, within or
without the State, in the same manner as is provided for in
the taking of depositions in civil cases in circuit
courts.
(4) Upon reasonable notice to the complainant and the
respondent, the Department in its discretion may conduct a
fact finding conference. If the complainant and respondent
both submit a written request for a fact finding
conference prior to 90 days after the date on which the
charge was filed, the Department shall conduct a fact
finding conference unless prior to the Department's
receipt of both requests, the Department has issued its
report. Any request for a fact finding conference must
include the party's written agreement to grant an
extension of 120 days to the time period if requested by
the Department to issue its report. If the Department
conducts a fact finding conference, a complainant or
respondent's failure to attend the conference without good
cause shall result in dismissal or default. The term "good

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cause" shall be defined by rule promulgated by the
Department. A notice of dismissal or default shall be
issued by the Director. The notice of default issued by
the Director shall notify the respondent that a request
for review may be filed in writing with the Commission
within 30 days of receipt of notice of default. The notice
of dismissal issued by the Director shall give the
complainant notice of the complainant's right to seek
review of the dismissal before the Human Rights Commission
or commence a civil action in the appropriate circuit
court. If the complainant chooses to have the Human Rights
Commission review the dismissal order, the complainant
shall file a request for review with the Commission within
90 days after receipt of the Director's notice. If the
complainant chooses to file a request for review with the
Commission, the complainant may not later commence a civil
action in a circuit court. If the complainant chooses to
commence a civil action in a circuit court, the
complainant must do so within 90 days after receipt of the
Director's notice.
(C-1) Opt out of Department's investigation. At any time
within 60 days after receipt of notice of the right to opt out,
a complainant may submit a written request seeking notice from
the Director indicating that the complainant has opted out of
the investigation and may commence a civil action in the
appropriate circuit court or other appropriate court of

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competent jurisdiction. Within 10 business days of receipt of
the complainant's request to opt out of the investigation, the
Director shall issue a notice to the parties stating that: (i)
the complainant has exercised the right to opt out of the
investigation; (ii) the complainant has 90 days after receipt
of the Director's notice to commence an action in the
appropriate circuit court or other appropriate court of
competent jurisdiction; and (iii) the Department has ceased
its investigation and is administratively closing the charge.
The complainant shall notify the Department that a complaint
has been filed with the appropriate circuit court by serving a
copy of the complaint on the chief legal counsel of the
Department within 21 days from the date that the complaint is
filed with the appropriate circuit court. This 21-day period
for service on the chief legal counsel shall not be construed
to be jurisdictional. Once a complainant has opted out of the
investigation under this subsection, the complainant may not
file or refile a substantially similar charge with the
Department arising from the same incident of unlawful
discrimination or harassment.
(D) Report.
(1) Each charge investigated under subsection (C)
shall be the subject of a report to the Director. The
report shall be a confidential document subject to review
by the Director, authorized Department employees, the
parties, and, where indicated by this Act, members of the

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Commission or their designated hearing officers.
(2) Upon review of the report, the Director shall
determine whether there is substantial evidence that the
alleged civil rights violation has been committed. The
determination of substantial evidence is limited to
determining the need for further consideration of the
charge pursuant to this Act and includes, but is not
limited to, findings of fact and conclusions, as well as
the reasons for the determinations on all material issues.
Substantial evidence is evidence which a reasonable mind
accepts as sufficient to support a particular conclusion
and which consists of more than a mere scintilla but may be
somewhat less than a preponderance.
(3) If the Director determines that there is no
substantial evidence, the charge shall be dismissed by the
Director and the Director shall give the complainant
notice of the complainant's right to seek review of the
notice of dismissal before the Commission or commence a
civil action in the appropriate circuit court. If the
complainant chooses to have the Human Rights Commission
review the notice of dismissal, the complainant shall file
a request for review with the Commission within 90 days
after receipt of the Director's notice. If the complainant
chooses to file a request for review with the Commission,
the complainant may not later commence a civil action in a
circuit court. If the complainant chooses to commence a

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civil action in a circuit court, the complainant must do
so within 90 days after receipt of the Director's notice.
The complainant shall notify the Department that a
complaint has been filed by serving a copy of the
complaint on the chief legal counsel of the Department
within 21 days from the date that the complaint is filed in
circuit court. This 21-day period for service on the chief
legal counsel shall not be construed to be jurisdictional.
(4) If the Director determines that there is
substantial evidence, the Director shall notify the
complainant and respondent of that determination. The
Director shall also notify the parties that the
complainant has the right to either commence a civil
action in the appropriate circuit court or request that
the Department of Human Rights file a complaint with the
Human Rights Commission on the complainant's behalf. Any
such complaint shall be filed within 90 days after receipt
of the Director's notice. If the complainant chooses to
have the Department file a complaint with the Human Rights
Commission on the complainant's behalf, the complainant
must, within 30 days after receipt of the Director's
notice, request in writing that the Department file the
complaint. If the complainant timely requests that the
Department file the complaint, the Department shall file
the complaint on the complainant's behalf. If the
complainant fails to timely request that the Department

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file the complaint, the complainant may file the
complainant's complaint with the Commission or commence a
civil action in the appropriate circuit court. If the
complainant files a complaint with the Human Rights
Commission, the complainant shall notify the Department
that a complaint has been filed by serving a copy of the
complaint on the chief legal counsel of the Department
within 21 days from the date that the complaint is filed
with the Human Rights Commission. This 21-day period for
service on the chief legal counsel shall not be construed
to be jurisdictional.
(E) Conciliation.
(1) When there is a finding of substantial evidence,
the Department may designate a Department employee who is
an attorney licensed to practice in Illinois to endeavor
to eliminate the effect of the alleged civil rights
violation and to prevent its repetition by means of
conference and conciliation.
(2) When the Department determines that a formal
conciliation conference is necessary, the complainant and
respondent shall be notified of the time and place of the
conference by registered or certified mail at least 10
days prior thereto and either or both parties shall appear
at the conference in person or by attorney.
(3) The place fixed for the conference shall be within
35 miles of the place where the civil rights violation is

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alleged to have been committed.
(4) Nothing occurring at the conference shall be
disclosed by the Department unless the complainant and
respondent agree in writing that such disclosure be made.
(5) The Department's efforts to conciliate the matter
shall not stay or extend the time for filing the complaint
with the Commission or the circuit court.
(F) Complaint.
(1) When the complainant requests that the Department
file a complaint with the Commission on the complainant's
behalf, the Department shall prepare a written complaint,
under oath or affirmation, stating the nature of the civil
rights violation substantially as alleged in the charge
previously filed and the relief sought on behalf of the
aggrieved party. The Department shall file the complaint
with the Commission.
(1.5) If the complainant chooses to file a complaint
with the Commission without the Department's assistance,
the complainant shall notify the Department that a
complaint has been filed by serving a copy of the
complaint on the chief legal counsel of the Department
within 21 days from the date that the complaint is filed
with the Human Rights Commission. This 21-day period for
service on the chief legal counsel shall not be construed
to be jurisdictional.
(2) If the complainant chooses to commence a civil

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action in a circuit court:
(i) The complainant shall file the civil action in
the circuit court in the county wherein the civil
rights violation was allegedly committed.
(ii) The form of the complaint in any such civil
action shall be in accordance with the Code of Civil
Procedure.
(iii) The complainant shall notify the Department
that a complaint has been filed by serving a copy of
the complaint on the chief legal counsel of the
Department within 21 days from the date that the
complaint is filed in circuit court. This 21-day
period for service on the chief legal counsel shall
not be construed to be jurisdictional.
(G) Time Limit.
(1) When a charge of a civil rights violation has been
properly filed, the Department, within 365 days thereof or
within any extension of that period agreed to in writing
by all parties, shall issue its report as required by
subparagraph (D). Any such report shall be duly served
upon both the complainant and the respondent.
(2) If the Department has not issued its report within
365 days after the charge is filed, or any such longer
period agreed to in writing by all the parties, the
complainant shall have 90 days to either file the
complainant's own complaint with the Human Rights

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Commission or commence a civil action in the appropriate
circuit court. If the complainant files a complaint with
the Commission, the form of the complaint shall be in
accordance with the provisions of paragraph (F)(1). If the
complainant commences a civil action in a circuit court,
the form of the complaint shall be in accordance with the
Code of Civil Procedure. The aggrieved party shall notify
the Department that a complaint has been filed by serving
a copy of the complaint on the chief legal counsel of the
Department within with 21 days from the date that the
complaint is filed with the Commission or in circuit
court. This 21-day period for service on the chief legal
counsel shall not be construed to be jurisdictional. If
the complainant files a complaint with the Commission, the
complainant may not later commence a civil action in
circuit court.
(3) If an aggrieved party files a complaint with the
Human Rights Commission or commences a civil action in
circuit court pursuant to paragraph (2) of this
subsection, or if the time period for filing a complaint
has expired, the Department shall immediately cease its
investigation and dismiss the charge of civil rights
violation. Any final order entered by the Commission under
this Section is appealable in accordance with paragraph
(B)(1) of Section 8-111. Failure to immediately cease an
investigation and dismiss the charge of civil rights

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violation as provided in this paragraph (3) constitutes
grounds for entry of an order by the circuit court
permanently enjoining the investigation. The Department
may also be liable for any costs and other damages
incurred by the respondent as a result of the action of the
Department.
(4) (Blank).
(H) Public Act 89-370 applies to causes of action filed on
or after January 1, 1996.
(I) Public Act 89-520 applies to causes of action filed on
or after January 1, 1996.
(J) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
(K) The changes made to this Section by Public Act 96-876
apply to charges filed on or after the effective date of those
changes.
(L) The changes made to this Section by Public Act
100-1066 apply to charges filed on or after August 24, 2018
(the effective date of Public Act 100-1066).
(M) The changes made to this Section by Public Act 104-425
this amendatory Act of the 104th General Assembly apply to
charges pending or filed on or after January 1, 2026 (the
effective date of Public Act 104-425) this amendatory Act of
the 104th General Assembly.
(Source: P.A. 103-335, eff. 1-1-24; 103-973, eff. 1-1-25;

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104-425, eff. 1-1-26; revised 12-12-25.)
(775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
Sec. 7B-102. Procedures.
(A) Charge.
(1) Within one year after the date that a civil rights
violation allegedly has been committed or terminated, a
charge in writing under oath or affirmation may be filed
with the Department by an aggrieved party or issued by the
Department itself under the signature of the Director.
(2) The charge shall be in such detail as to
substantially apprise any party properly concerned as to
the time, place, and facts surrounding the alleged civil
rights violation.
(B) Notice and Response to Charge.
(1) The Department shall serve notice upon the
aggrieved party acknowledging such charge and advising the
aggrieved party of the time limits and choice of forums
provided under this Act. The Department shall, within 10
days of the date on which the charge was filed or the
identification of an additional respondent under paragraph
(2) of this subsection, serve on the respondent a copy of
the charge along with a notice identifying the alleged
civil rights violation and advising the respondent of the
procedural rights and obligations of respondents under
this Act and may require the respondent to file a response

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to the allegations contained in the charge. Upon the
Department's request, the respondent shall file a response
to the charge within 30 days and shall serve a copy of its
response on the complainant or his or her representative.
Notwithstanding any request from the Department, the
respondent may elect to file a response to the charge
within 30 days of receipt of notice of the charge,
provided the respondent serves a copy of its response on
the complainant or his or her representative. All
allegations contained in the charge not denied by the
respondent within 30 days after the Department's request
for a response may be deemed admitted, unless the
respondent states that it is without sufficient
information to form a belief with respect to such
allegation. The Department may issue a notice of default
directed to any respondent who fails to file a response to
a charge within 30 days of the Department's request,
unless the respondent can demonstrate good cause as to why
such notice should not issue. The term "good cause" shall
be defined by rule promulgated by the Department. Within
10 days of the date he or she receives the respondent's
response, the complainant may file his or her reply to
said response. If he or she chooses to file a reply, the
complainant shall serve a copy of said reply on the
respondent or his or her representative. A party may
supplement his or her response or reply at any time that

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the investigation of the charge is pending.
(2) A person who is not named as a respondent in a
charge, but who is identified as a respondent in the
course of investigation, may be joined as an additional or
substitute respondent upon written notice, under
subsection (B), to such person, from the Department. Such
notice, in addition to meeting the requirements of
subsections (A) and (B), shall explain the basis for the
Department's belief that a person to whom the notice is
addressed is properly joined as a respondent.
(C) Investigation.
(1) The Department shall conduct a full investigation
of the allegations set forth in the charge and complete
such investigation within 100 days after the filing of the
charge, unless it is impracticable to do so. The
Department's failure to complete the investigation within
100 days after the proper filing of the charge does not
deprive the Department of jurisdiction over the charge.
(2) If the Department is unable to complete the
investigation within 100 days after the charge is filed,
the Department shall notify the complainant and respondent
in writing of the reasons for not doing so. The failure of
the Department to notify the complainant or respondent in
writing of the reasons for not doing so shall not deprive
the Department of jurisdiction over the charge.
(3) The Director or his or her designated

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representative shall have authority to request any member
of the Commission to issue subpoenas to compel the
attendance of a witness or the production for examination
of any books, records or documents whatsoever as it deems
necessary for the Department's investigations.
(4) If any witness whose testimony is required for any
investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator
or appear at a fact finding conference, his or her
testimony or deposition may be taken, within or without
the State, in the same manner as provided for in the taking
of depositions in civil cases in circuit courts.
(5) Upon reasonable notice to the complainant and the
respondent, the Department may conduct a fact finding
conference. When requested by the Department, a party's
failure to attend the conference without good cause may
result in dismissal or default. A notice of dismissal or
default shall be issued by the Director and shall notify
the relevant party that a request for review may be filed
in writing with the Commission within 30 days of receipt
of notice of dismissal or default.
(D) Report.
(1) Each charge investigated under subsection (C)
shall be the subject of a report to the Director. The
report shall be a confidential document subject to review

10400HB0862sam001 - 366 - LRB104 04759 JDS 38476 a
by the Director, authorized Department employees, the
parties, and, where indicated by this Act, members of the
Commission or their designated hearing officers.
The report shall contain:
(a) the names and dates of contacts with
witnesses;
(b) a summary and the date of correspondence and
other contacts with the aggrieved party and the
respondent;
(c) a summary description of other pertinent
records;
(d) a summary of witness statements; and
(e) answers to questionnaires.
A final report under this paragraph may be amended if
additional evidence is later discovered.
(2) Upon review of the report and within 100 days of
the filing of the charge, unless it is impracticable to do
so, the Director shall determine whether there is
substantial evidence that the alleged civil rights
violation has been committed or is about to be committed.
If the Director is unable to make the determination within
100 days after the filing of the charge, the Director
shall notify the complainant and respondent in writing of
the reasons for not doing so. The Director's failure to
make the determination within 100 days after the proper
filing of the charge does not deprive the Department of

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jurisdiction over the charge.
(a) If the Director determines that there is no
substantial evidence, the charge shall be dismissed
and the aggrieved party notified that he or she may
seek review of the dismissal order before the
Commission. The aggrieved party shall have 90 days
from receipt of notice to file a request for review by
the Commission. The Director shall make public
disclosure of each such dismissal.
(b) If the Director determines that there is
substantial evidence, he or she shall immediately
issue a complaint on behalf of the aggrieved party
pursuant to subsection (F).
(E) Conciliation.
(1) During the period beginning with the filing of a
charge and ending with the filing of a complaint or a
dismissal by the Department, the Department shall, to the
extent feasible, engage in conciliation with respect to
such charge.
When the Department determines that a formal
conciliation conference is feasible, the aggrieved party
and respondent shall be notified of the time and place of
the conference by registered or certified mail at least 7
days prior thereto and either or both parties shall appear
at the conference in person or by attorney.
(2) The place fixed for the conference shall be within

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35 miles of the place where the civil rights violation is
alleged to have been committed.
(3) Nothing occurring at the conference shall be made
public or used as evidence in a subsequent proceeding for
the purpose of proving a violation under this Act unless
the complainant and respondent agree in writing that such
disclosure be made.
(4) A conciliation agreement arising out of such
conciliation shall be an agreement between the respondent
and the complainant, and shall be subject to approval by
the Department and Commission.
(5) A conciliation agreement may provide for binding
arbitration of the dispute arising from the charge. Any
such arbitration that results from a conciliation
agreement may award appropriate relief, including monetary
relief.
(6) Each conciliation agreement shall be made public
unless the complainant and respondent otherwise agree and
the Department determines that disclosure is not required
to further the purpose of this Act.
(F) Complaint.
(1) When there is a failure to settle or adjust any
charge through a conciliation conference and the charge is
not dismissed, the Department shall prepare a written
complaint, under oath or affirmation, stating the nature
of the civil rights violation and the relief sought on

10400HB0862sam001 - 369 - LRB104 04759 JDS 38476 a
behalf of the aggrieved party. Such complaint shall be
based on the final investigation report and need not be
limited to the facts or grounds alleged in the charge
filed under subsection (A).
(2) The complaint shall be filed with the Commission.
(3) The Department may not issue a complaint under
this Section regarding an alleged civil rights violation
after the beginning of the trial of a civil action
commenced by the aggrieved party under any State or
federal law, seeking relief with respect to that alleged
civil rights violation.
(G) Time Limit.
(1) When a charge of a civil rights violation has been
properly filed, the Department, within 100 days thereof,
unless it is impracticable to do so, shall either issue
and file a complaint in the manner and form set forth in
this Section or shall order that no complaint be issued.
Any such order shall be duly served upon both the
aggrieved party and the respondent. The Department's
failure to either issue and file a complaint or order that
no complaint be issued within 100 days after the proper
filing of the charge does not deprive the Department of
jurisdiction over the charge.
(2) The Director shall make available to the aggrieved
party and the respondent, at any time, upon request
following completion of the Department's investigation,

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information derived from an investigation and any final
investigative report relating to that investigation.
(H) This amendatory Act of 1995 applies to causes of
action filed on or after January 1, 1996.
(I) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
(J) The changes made to this Section by this amendatory
Act of the 96th General Assembly apply to charges filed on or
after the effective date of those changes.
(Source: P.A. 101-530, eff. 1-1-20; 102-362, eff. 1-1-22.)
(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
Sec. 8-101. Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is
created and hereby redesignated as an independent commission
under the Department for administrative purposes. The
Commission shall to consist of 7 members appointed by the
Governor with the advice and consent of the Senate. No more
than 4 members shall be of the same political party. The
Governor shall designate one member as chairperson. All
appointments shall be in writing and filed with the Secretary
of State as a public record.
Notwithstanding any provision of this Section to the
contrary, beginning on January 15, 2029, and thereafter, the
Commission shall consist of 5 members appointed by the

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Governor with the advice and consent of the Senate. No more
than 3 members shall be of the same political party.
(B) Terms. Of the members first appointed, 4 shall be
appointed for a term to expire on the third Monday of January
2021, and 3 (including the Chairperson) shall be appointed for
a term to expire on the third Monday of January 2023.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Illinois
Human Rights Commission is abolished on January 19, 2019.
Incumbent members holding a position on the Commission that
was created by Public Act 84-115 and whose terms, if not for
Public Act 100-1066, would have expired January 18, 2021 shall
continue to exercise all of the powers and be subject to all of
the duties of members of the Commission until June 30, 2019 or
until their respective successors are appointed and qualified,
whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until the member's successor is appointed and qualified;
except that any member chosen to fill a vacancy occurring
otherwise than by expiration of a term shall be appointed only
for the unexpired term of the member whom the member shall
succeed and until the member's successor is appointed and
qualified.
Notwithstanding any provision of this Section to the
contrary, for the members whose terms expire in January 2027,
the terms of their respective successors shall expire

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concurrently with the members whose terms expire on January
15, 2029. Notwithstanding any provision of this Section to the
contrary, of the 5 members appointed to terms beginning in
January 2029, 3 members shall be appointed to a term to expire
on the third Monday of January 2031, and 2 members, including
the chairperson, shall be appointed for a term to expire on the
third Monday of January 2033. Thereafter, each member shall
serve for a term of 4 years and until the member's successor is
appointed and qualified; except that any member chosen to fill
a vacancy occurring otherwise than by expiration of a term
shall be appointed only for the unexpired term of the member
whom the member shall succeed and until the member's successor
is appointed and qualified.
(C) Vacancies.
(1) In the case of vacancies on the Commission during
a recess of the Senate, the Governor shall make a
temporary appointment until the next meeting of the Senate
when the Governor shall appoint a person to fill the
vacancy. Any person so nominated and confirmed by the
Senate shall hold office for the remainder of the term and
until the person's successor is appointed and qualified.
(2) If the Senate is not in session at the time this
Act takes effect, the Governor shall make temporary
appointments to the Commission as in the case of
vacancies.
(3) Vacancies in the Commission shall not impair the

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right of the remaining members to exercise all the powers
of the Commission. Except when authorized by this Act to
proceed through a 3 member panel, a majority of the
members of the Commission then in office shall constitute
a quorum.
(D) Compensation. On and after January 19, 2019, the
Chairperson of the Commission shall be compensated at the rate
of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during the Chairperson's service
as Chairperson, and each other member shall be compensated at
the rate of $119,000 per year, or as set by the Compensation
Review Board, whichever is greater. In addition, all members
of the Commission shall be reimbursed for expenses actually
and necessarily incurred by them in the performance of their
duties.
(E) (Blank).
(F) A formal training program for newly appointed
commissioners shall be implemented. The training program shall
include the following:
(1) substantive and procedural aspects of the office
of commissioner;
(2) current issues in employment and housing
discrimination and public accommodation law and practice;
(3) orientation to each operational unit of the Human
Rights Commission;
(4) observation of experienced hearing officers and

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commissioners conducting hearings of cases, combined with
the opportunity to discuss evidence presented and rulings
made;
(5) the use of hypothetical cases requiring the newly
appointed commissioner to issue judgments as a means of
evaluating knowledge and writing ability;
(6) writing skills; and
(7) professional and ethical standards.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence. Each commissioner
shall complete 20 hours of training in the above-noted areas
during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following
qualifications:
(1) licensed to practice law in the State of Illinois;
(2) at least 3 years of experience as a hearing
officer at the Human Rights Commission; or
(3) at least 4 years of professional experience
working for or dealing with individuals or corporations
affected by this Act or similar laws in other
jurisdictions, including, but not limited to, experience
with a civil rights advocacy group, a fair housing group,
a community organization, a trade association, a union, a

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law firm, a legal aid organization, an employer's human
resources department, an employment discrimination
consulting firm, a community affairs organization, or a
municipal human relations agency.
The Governor's appointment message, filed with the
Secretary of State and transmitted to the Senate, shall state
specifically how the experience of a nominee for commissioner
meets the requirement set forth in this subsection. The
Chairperson must have public or private sector management and
budget experience, as determined by the Governor.
Each commissioner shall devote full time to the
commissioner's duties and any commissioner who is an attorney
shall not engage in the practice of law, nor shall any
commissioner hold any other office or position of profit under
the United States or this State or any municipal corporation
or political subdivision of this State, nor engage in any
other business, employment, or vocation.
(H) (Blank).
(I) Each commissioner may engage in outreach, public
education, training activities, and other assignments that
further the purposes of the Commission and are consistent with
the commissioner's official duties, including as recommended
by the Chairperson.
(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
103-605, eff. 7-1-24; 103-859, eff. 1-1-25.)

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(775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
Sec. 8-105. Settlement.
(A) Approval.
(1) When a proposed settlement is submitted by the
Department, the Commission, through a panel of 3 members,
shall determine whether to approve its terms and
conditions.
(2) A settlement of any complaint and its underlying
charge or charges may be effectuated at any time upon
agreement of the parties, with or without the Commission's
approval, and shall act as a full and final resolution of
the matter. If the parties desire that the Commission
retain jurisdiction over the matter for purposes of
enforcing the terms of the settlement, the terms shall be
reduced to writing, signed by the parties, and submitted
to the Commission for approval. Any settlement to which
the Department is a party shall be subject to approval by
the Commission. The Commission, through a panel of 3
members, shall determine whether to approve the
settlement.
(3) The Commission's determination of whether to
approve a settlement shall occur within 15 days after the
settlement is filed with the Commission. Approval of the
settlement shall be accomplished by an order, served on
the parties and the Department, in accord with the written
terms of the settlement.

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(B) Violation. When the Department files notice of a
settlement order violation, the Commission, through a panel of
3 three members, may either order the Department to seek
enforcement of the settlement order pursuant to paragraph (C)
of Section 8-111 or remand for any type of hearing as it may
deem necessary pursuant to paragraph (D) of Section 8A-103.
(C) Dismissal for Refusal to Accept Settlement Offer. The
Commission shall dismiss a complaint and the underlying charge
or charges of the complaint if the Commission is satisfied
that:
1. the respondent has eliminated the effects of the
civil rights violation charged and taken steps to prevent
repetition of the violation; or
2. the respondent offers and the complainant declines
to accept the terms of settlement that the Commission
determines are sufficient to eliminate the effect of the
civil rights violation charged and to prevent repetition
of the violation.
In determining whether the respondent has eliminated the
effects of the civil rights violation charged, or has offered
terms of settlement sufficient to eliminate same, the
Commission shall consider the extent to which the respondent
has either fully provided, or reasonably offered by way of
terms of settlement, as the case may be, the relevant relief
available to the complainant under Section 8A-104 of this Act.
At any time after the service of a complaint pursuant to

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Section 8A-102 of this Act, and prior to service of a decision
prepared pursuant to Section 8A-102(I), a respondent may move
for a recommended order dismissing a complaint and the
underlying charge or charges for complainant's refusal to
accept terms of settlement that are sufficient to eliminate
the effects of the civil rights violation charged in the
complaint and to eliminate repetition of the violation.
Respondent's motion and complainant's reply, if any, shall
comply with the requirements for summary decision set forth in
Section 8-106.1 of this Act.
(D) This amendatory Act of 1996 applies to causes of
action filed on or after January 1, 1996.
(Source: P.A. 101-661, eff. 4-2-21.)
(775 ILCS 5/9-103 new)
Sec. 9-103. Transfer of the Commission.
(a) The Commission retains all the rights, powers, duties,
and responsibilities vested in the Commission by law,
including the power to select hearing officers, except that
all finance, accounting, human resources, labor relations,
communications, purchasing, procurement, administrative
functions or other resources necessary to the operation of the
Commission shall be vested in and shall be exercised by the
Department in support of the Commission. The Commission and
the Department shall retain independent capacity to sue and be
sued.

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(b) The personnel of the Commission responsible for the
administrative functions listed in subsection (a) are
transferred to the Department. The status and rights of
personnel of the Commission under the Personnel Code are not
affected by the transfer. The rights of the employees and the
State of Illinois and its agencies under the Personnel Code,
the Illinois Public Labor Relations Act, and applicable
collective bargaining agreements or under any pension,
retirement, or annuity plan are not affected by this
amendatory Act of the 104th General Assembly. The Commission
shall at all times operate with dedicated personnel and
employees qualified to execute the day-to-day powers, duties,
and responsibilities vested in the Commission by law.
(c) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the rights, powers, duties, and
responsibilities transferred by this amendatory Act of the
104th General Assembly from the Commission to the Department,
including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
are transferred to the Department.
(d) Any rules that relate to the rights, powers, duties,
and responsibilities of the Commission and are in force on the
effective date of the changes made to this Section by this
Section shall continue in effect until amended or repealed.
This amendatory Act of the 104th General Assembly does not

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affect the legality of any such rules.
(e) This amendatory Act of the 104th General Assembly does
not affect any act done, ratified, or canceled, any right
occurring or established, or any action or proceeding had or
commenced in an administrative, civil, or criminal cause by
the Commission before the effective date of this Section.
Those actions or proceedings shall be continued, in accordance
with this amendatory Act of the 104th General Assembly, by the
Commission.
(f) The appropriation for the Commission shall be separate
from the overall appropriation for the Department. To the
extent functions or personnel of the Commission are
transferred to the Department under this amendatory Act of the
104th General Assembly, all unexpended appropriations and
balances and other funds available for use relating to those
functions or personnel shall be transferred for use by the
Department. Unexpended balances so transferred shall be
expended only for the purpose for which the appropriations
were originally made.
(775 ILCS 5/8-112 rep.)
Section 15-10. The Illinois Human Rights Act is amended by
repealing Section 8-112.
Article 20.

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Section 20-5. The Illinois Human Rights Act is amended by
changing Section 2-106 as follows:
(775 ILCS 5/2-106)
Sec. 2-106. Accessibility Committee for Employees with
Disabilities, formerly the Interagency Committee on Employees
with Disabilities.
(A) As used in this Section:
"State agency" means all officers, boards, commissions,
and agencies created by the Constitution in the executive
branch; all officers, departments, boards, commissions,
agencies, institutions, authorities, universities, bodies
politic and corporate of the State; and administrative units
or corporate outgrowths of the State government which are
created by or pursuant to statute, other than units of local
government and their officers, school districts, and boards of
election commissioners; all administrative units and corporate
outgrowths of the above and as may be created by executive
order of the Governor.
"State employee" means an employee of a State agency.
(B) The Accessibility Committee for Employees with
Disabilities, formerly named the Interagency Committee on
Employees with Disabilities, created under repealed Section
19a of the Personnel Code, is continued as set forth in this
Section. The Committee is composed of 18 members as follows:
the Chairperson of the Civil Service Commission or his or her

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designee, the Director of Veterans' Affairs or his or her
designee, the Director of Central Management Services or his
or her designee, the Secretary of Human Services or his or her
designee, the Director of Human Rights or his or her designee,
the Director of the Illinois Council on Developmental
Disabilities or his or her designee, the Lieutenant Governor
or his or her designee, the Attorney General or his or her
designee, the Secretary of State or his or her designee, the
State Comptroller or his or her designee, the State Treasurer
or his or her designee, and 7 State employees with
disabilities appointed by and serving at the pleasure of the
Governor.
(C) The Director of Human Rights and the Secretary of
Human Services shall serve as co-chairpersons of the
Committee. The Committee shall meet as often as it deems
necessary, but in no case less than 6 times annually at the
call of the co-chairpersons. Notice shall be given to the
members in writing in advance of a scheduled meeting.
(D) The Department of Human Rights shall provide
administrative support to the Committee.
(E) The purposes and functions of the Committee are: (1)
to provide a forum where problems of general concern to State
employees with disabilities can be raised and methods of their
resolution can be suggested to the appropriate State agencies;
(2) to provide a clearinghouse of information for State
employees with disabilities by working with those agencies to

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develop and retain such information; (3) to promote
affirmative action efforts pertaining to the employment of
persons with disabilities by State agencies; and (4) to
recommend, where appropriate, means of strengthening the
affirmative action programs for employees with disabilities in
State agencies.
(F) The Committee shall annually make a complete report to
the General Assembly on the Committee's achievements and
accomplishments. Such report may also include an evaluation by
the Committee of the effectiveness of the hiring and
advancement practices in State government.
(G) This amendatory Act of the 99th General Assembly is
not intended to disqualify any current member of the Committee
from continued membership on the Committee in accordance with
the terms of this Section or the member's appointment.
(H) This amendatory Act of the 104th General Assembly is
not intended to change the operation, purpose, or function of
the Committee and is not intended to disqualify any current
member of the Committee from continued membership on the
Committee in accordance with the terms of this Section or the
member's appointment.
(Source: P.A. 99-314, eff. 8-7-15.)
Article 25.
Section 25-5. The Illinois Independent Tax Tribunal Act of

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2012 is amended by changing Section 1-25 as follows:
(35 ILCS 1010/1-25)
Sec. 1-25. Judges; number; term of office; removal.
(a) The Governor shall, with the advice and consent of the
Senate, appoint a Chief Administrative Law Judge to be the
executive of the Tax Tribunal. The Chief Administrative Law
Judge shall serve a 5-year term. The Governor may appoint
additional administrative law judges, with the advice and
consent of the Senate, as necessary to carry out the
provisions of this Act, provided that no more than 4
administrative law judges, including the Chief Administrative
Law Judge, shall serve at the same time. The administrative
law judges, other than the Chief Administrative Law Judge,
shall initially be appointed to staggered terms of no greater
than 4 years. After the initial terms of office, all
administrative law judges, other than the Chief Administrative
Law Judge, shall be appointed for terms of 4 years. Each
administrative law judge is eligible for reappointment.
(b) Once appointed and confirmed, each administrative law
judge shall continue in office until his or her term expires
and until a successor has been appointed and confirmed,
subject to the provisions of Section 3A-40 of the Illinois
Governmental Ethics Act.
(c) The office of an administrative law judge under this
Section shall be vacant upon the administrative law judge's

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death, resignation, retirement, or removal, or upon the
conclusion of his or her term without reappointment. Within 30
days after such a vacancy occurs, a successor administrative
law judge shall be appointed by the Governor, with the advice
and consent of the Senate, for the remainder of the current
unexpired term for that vacancy. In case of vacancies during
the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when the
Governor shall nominate some person to fill the office, and
any person so nominated who is confirmed by the Senate shall
hold office during the remainder of the term and until his or
her successor is appointed and qualified. No person rejected
by the Senate for the office of an administrative law judge
under this Section shall, except at the Senate's request, be
nominated again for that office at the same session or be
appointed to that office during a recess of that Senate.
(d) The Governor may remove an administrative law judge of
the Tax Tribunal, after notice and an opportunity to be heard,
for incompetency, neglect of duty, inability to perform
duties, malfeasance in office, or other good cause.
(e) Each administrative law judge of the Tax Tribunal,
including the Chief Administrative Law Judge, shall receive an
annual salary equal to that of the Director of the Department
of Revenue. The Chief Administrative Law Judge shall receive
an additional $15,000 annual stipend. Beginning with the term
of the successor Chief Administrative Law Judge in 2029, the

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Chief Administrative Law Judge shall no longer receive an
additional $15,000 annual stipend.
(f) The Chief Administrative Law Judge shall have sole
charge of the administration of the Tax Tribunal and shall
apportion among the judges all causes, matters, and
proceedings coming before the Tax Tribunal. Each
administrative law judge shall exercise the power of the Tax
Tribunal.
(g) An administrative law judge may disqualify himself or
herself on his or her own motion in any matter, and may be
disqualified for any of the causes specified in the Illinois
Code of Judicial Conduct.
(Source: P.A. 97-1129, eff. 8-28-12.)
Article 40.
Section 40-5. The Illinois Holocaust and Genocide
Commission Act is amended by changing Section 30 as follows:
(20 ILCS 5010/30)
(Section scheduled to be repealed on January 1, 2032)
Sec. 30. Term of public member.
(a) A public member of the Commission serves a term of 4
years, except that the terms of the initial members shall
expire on February 1, 2015. Following the expiration of the
terms of the initial members of the Commission, the Governor

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may re-appoint initial members as follows:
(1) five members to terms that expire February 1,
2016;
(2) five members to terms that expire February 1,
2017; and
(3) five members to terms that expire February 1,
2018.
Notwithstanding subsection (c) of this Section, initial
members re-appointed to terms that expire on February 1, 2016
or February 1, 2017 may be appointed to a 4-year term following
expiration of their re-appointment.
(a-5) Public members of the Commission added under this
amendatory Act of the 98th General Assembly shall serve 4-year
terms.
(b) A public member is eligible for reappointment to
another term or part of a term.
(c) (Blank). A public member may not serve more than 2
consecutive full terms. For purposes of this prohibition, a
member is considered to have served a full term only if the
member has served more than half of a 4-year term.
(Source: P.A. 98-793, eff. 7-28-14.)
Section 40-10. The Kaskaskia Regional Port District Act is
amended by changing Section 33 as follows:
(70 ILCS 1830/33) (from Ch. 19, par. 533)

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Sec. 33. After the expiration of initial terms, such
successor shall hold office for the term of 3 years beginning
the first day of July of the year in which the term of office
commences, and until a successor is appointed and qualified.
In the case of a vacancy during the term of office of any
member, the Governor shall make an appointment for the
remainder of the term vacant and until a successor is
appointed and qualified. No more than 8 members of the Board
may be affiliated with the same political party at the time of
appointment.
(Source: Laws 1967, p. 1184.)
Article 99.
Section 99-95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 99-97. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99-99. Effective date. This Act takes effect upon

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becoming law, except that Articles 15 and 20 take effect July
1, 2026 and Article 10 takes effect July 1, 2027.".