Bill Text: IL HB0307 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Creates the Second 2021 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 17-5)

Status: (Passed) 2021-12-17 - Public Act . . . . . . . . . 102-0687 [HB0307 Detail]

Download: Illinois-2021-HB0307-Chaptered.html

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Public Act 102-0687
HB0307 Enrolled LRB102 11622 KTG 16956 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the Second 2021 General
Revisory Act.
(b) This Act is not intended to make any substantive
change in the law. It reconciles conflicts that have arisen
from multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public

Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
(d) Public Acts 101-652 through 102-98 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
(5 ILCS 80/4.32 rep.)
Section 5. The Regulatory Sunset Act is amended by
repealing Section 4.32.
Section 7. The Election Code is amended by changing
Sections 2A-1.1, 7-4, 7-10, 7-12, 10-4, and 19-2 as follows:
(10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
Sec. 2A-1.1. All elections; consolidated elections -
consolidated schedule.
(a) Except as otherwise provided in this Code, in
even-numbered years, the general election shall be held on the
first Tuesday after the first Monday of November; and an
election to be known as the general primary election shall be
held on the third Tuesday in March. ;
(b) In odd-numbered years, an election to be known as the
consolidated election shall be held on the first Tuesday in
April except as provided in Section 2A-1.1a of this Code Act;

and an election to be known as the consolidated primary
election shall be held on the last Tuesday in February.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
Sec. 7-4. The following words and phrases in this Article
7 shall, unless the same be inconsistent with the context, be
construed as follows:
1. The word "primary", the primary elections provided for
in this Article, which are the general primary, the
consolidated primary, and for those municipalities which have
annual partisan elections for any officer, the municipal
primary held 6 weeks prior to the general primary election
date in even numbered years.
2. The definitions definition of terms in Section 1-3 of
this Code Act shall apply to this Article.
3. The word "precinct", a voting district heretofore or
hereafter established by law within which all qualified
electors vote at one polling place.
4. The words "state office" or "state officer", an office
to be filled, or an officer to be voted for, by qualified
electors of the entire state, including United States Senator
and Congressperson at large.
5. The words "congressional office" or "congressional
officer", representatives in Congress.
6. The words "county office" or "county officer," include

an office to be filled or an officer to be voted for, by the
qualified electors of the entire county. "County office" or
"county officer" also include the assessor and board of
appeals and county commissioners and president of county board
of Cook County, and county board members and the chair of the
county board in counties subject to Division 2-3 of the
Counties Code "An Act relating to the composition and election
of county boards in certain counties", enacted by the 76th
General Assembly.
7. The words "city office" and "village office," and
"incorporated town office" or "city officer" and "village
officer", and "incorporated town officer", an office to be
filled or an officer to be voted for by the qualified electors
of the entire municipality, including alderpersons.
8. The words "town office" or "town officer", an office to
be filled or an officer to be voted for by the qualified
electors of an entire town.
9. The words "town" and "incorporated town" shall
respectively be defined as in Section 1-3 of this Code Act.
10. The words "delegates and alternate delegates to
National nominating conventions" include all delegates and
alternate delegates to National nominating conventions whether
they be elected from the state at large or from congressional
districts or selected by State convention unless contrary and
non-inclusive language specifically limits the term to one
class.

11. "Judicial office" means a post held by a judge of the
Supreme, Appellate, or Circuit Court.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of no
candidate for nomination, or State central committeeperson, or
township committeeperson, or precinct committeeperson, or ward
committeeperson or candidate for delegate or alternate
delegate to national nominating conventions, shall be printed
upon the primary ballot unless a petition for nomination has
been filed in his behalf as provided in this Article in
substantially the following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party,
in the .... of ...., in the county of .... and State of
Illinois, do hereby petition that the following named person
or persons shall be a candidate or candidates of the .... party
for the nomination for (or in case of committeepersons for
election to) the office or offices hereinafter specified, to
be voted for at the primary election to be held on (insert
date).
Name Office Address
John Jones Governor Belvidere, Ill.
Jane James Lieutenant Governor Peoria, Ill.
Thomas Smith Attorney General Oakland, Ill.

Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I reside at No. ....
street, in the .... of ...., county of ...., and State of
....., that I am 18 years of age or older, that I am a citizen
of the United States, and that the signatures on this sheet
were signed in my presence, and are genuine, and that to the
best of my knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the ....
party, and that their respective residences are correctly
stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an
appropriate heading giving the information as to name of
candidate or candidates, in whose behalf such petition is
signed; the office, the political party represented and place
of residence; and the heading of each sheet shall be the same.

Such petition shall be signed by qualified primary
electors residing in the political division for which the
nomination is sought in their own proper persons only and
opposite the signature of each signer, his residence address
shall be written or printed. The residence address required to
be written or printed opposite each qualified primary
elector's name shall include the street address or rural route
number of the signer, as the case may be, as well as the
signer's county, and city, village or town, and state.
However, the county or city, village or town, and state of
residence of the electors may be printed on the petition forms
where all of the electors signing the petition reside in the
same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address,
including street number, if any. At the bottom of each sheet of
such petition shall be added a circulator statement signed by
a person 18 years of age or older who is a citizen of the
United States, stating the street address or rural route
number, as the case may be, as well as the county, city,
village or town, and state; and certifying that the signatures
on that sheet of the petition were signed in his or her
presence and certifying that the signatures are genuine; and
either (1) indicating the dates on which that sheet was
circulated, or (2) indicating the first and last dates on
which the sheet was circulated, or (3) certifying that none of
the signatures on the sheet were signed more than 90 days

preceding the last day for the filing of the petition and
certifying that to the best of his or her knowledge and belief
the persons so signing were at the time of signing the
petitions qualified voters of the political party for which a
nomination is sought. Such statement shall be sworn to before
some officer authorized to administer oaths in this State.
Except as otherwise provided in this Code, no petition
sheet shall be circulated more than 90 days preceding the last
day provided in Section 7-12 for the filing of such petition.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition
sheets which are filed with the proper local election

officials, election authorities or the State Board of
Elections shall be the original sheets which have been signed
by the voters and by the circulator thereof, and not
photocopies or duplicates of such sheets. Each petition must
include as a part thereof, a statement of candidacy for each of
the candidates filing, or in whose behalf the petition is
filed. This statement shall set out the address of such
candidate, the office for which he is a candidate, shall state
that the candidate is a qualified primary voter of the party to
which the petition relates and is qualified for the office
specified (in the case of a candidate for State's Attorney it
shall state that the candidate is at the time of filing such
statement a licensed attorney-at-law of this State), shall
state that he has filed (or will file before the close of the
petition filing period) a statement of economic interests as
required by the Illinois Governmental Ethics Act, shall
request that the candidate's name be placed upon the official
ballot, and shall be subscribed and sworn to by such candidate
before some officer authorized to take acknowledgment of deeds
in the State and shall be in substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois

State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at ....
Street in the city (or village) of ...., in the county of ....,
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of the .... party; that I am a
candidate for nomination (for election in the case of
committeeperson and delegates and alternate delegates) to the
office of .... to be voted upon at the primary election to be
held on (insert date); that I am legally qualified (including
being the holder of any license that may be an eligibility
requirement for the office I seek the nomination for) to hold
such office and that I have filed (or I will file before the
close of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the official
primary ballot for nomination for (or election to in the case
of committeepersons and delegates and alternate delegates)
such office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed ....................
(Official Character)
(Seal, if officer has one.)

The petitions, when filed, shall not be withdrawn or added
to, and no signatures shall be revoked except by revocation
filed in writing with the State Board of Elections, election
authority or local election official with whom the petition is
required to be filed, and before the filing of such petition.
Whoever forges the name of a signer upon any petition required
by this Article is deemed guilty of a forgery and on conviction
thereof shall be punished accordingly.
A candidate for the offices listed in this Section must
obtain the number of signatures specified in this Section on
his or her petition for nomination.
(a) Statewide office or delegate to a national nominating
convention. Except as otherwise provided in this Code, if a
candidate seeks to run for statewide office or as a delegate or
alternate delegate to a national nominating convention elected
from the State at-large, then the candidate's petition for
nomination must contain at least 5,000 but not more than
10,000 signatures.
(b) Congressional office or congressional delegate to a
national nominating convention. Except as otherwise provided
in this Code, if a candidate seeks to run for United States
Congress or as a congressional delegate or alternate
congressional delegate to a national nominating convention
elected from a congressional district, then the candidate's
petition for nomination must contain at least the number of

signatures equal to 0.5% of the qualified primary electors of
his or her party in his or her congressional district. In the
first primary election following a redistricting of
congressional districts, a candidate's petition for nomination
must contain at least 600 signatures of qualified primary
electors of the candidate's political party in his or her
congressional district.
(c) County office. Except as otherwise provided in this
Code, if a candidate seeks to run for any countywide office,
including, but not limited to, county board chairperson or
county board member, elected on an at-large basis, in a county
other than Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party who
cast votes at the last preceding general election in his or her
county. If a candidate seeks to run for county board member
elected from a county board district, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the county board district. In the first
primary election following a redistricting of county board
districts or the initial establishment of county board
districts, a candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the
qualified electors of his or her party in the entire county who
cast votes at the last preceding general election divided by

the total number of county board districts comprising the
county board; provided that in no event shall the number of
signatures be less than 25.
(d) County office; Cook County only.
(1) If a candidate seeks to run for countywide office
in Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
who cast votes at the last preceding general election in
Cook County.
(2) If a candidate seeks to run for Cook County Board
Commissioner, then the candidate's petition for nomination
must contain at least the number of signatures equal to
0.5% of the qualified primary electors of his or her party
in his or her county board district. In the first primary
election following a redistricting of Cook County Board of
Commissioners districts, a candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
in the entire county who cast votes at the last preceding
general election divided by the total number of county
board districts comprising the county board; provided that
in no event shall the number of signatures be less than 25.
(3) Except as otherwise provided in this Code, if a
candidate seeks to run for Cook County Board of Review
Commissioner, which is elected from a district pursuant to

subsection (c) of Section 5-5 of the Property Tax Code,
then the candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the
total number of registered voters in his or her board of
review district in the last general election at which a
commissioner was regularly scheduled to be elected from
that board of review district. In no event shall the
number of signatures required be greater than the
requisite number for a candidate who seeks countywide
office in Cook County under subsection (d)(1) of this
Section. In the first primary election following a
redistricting of Cook County Board of Review districts, a
candidate's petition for nomination must contain at least
4,000 signatures or at least the number of signatures
required for a countywide candidate in Cook County,
whichever is less, of the qualified electors of his or her
party in the district.
(e) Municipal or township office. If a candidate seeks to
run for municipal or township office, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the municipality or township. If a
candidate seeks to run for alderperson of a municipality, then
the candidate's petition for nomination must contain at least
the number of signatures equal to 0.5% of the qualified
primary electors of his or her party of the ward. In the first

primary election following redistricting of wards or trustee
districts of a municipality or the initial establishment of
wards or districts, a candidate's petition for nomination must
contain the number of signatures equal to at least 0.5% of the
total number of votes cast for the candidate of that political
party who received the highest number of votes in the entire
municipality at the last regular election at which an officer
was regularly scheduled to be elected from the entire
municipality, divided by the number of wards or districts. In
no event shall the number of signatures be less than 25.
(f) State central committeeperson. If a candidate seeks to
run for State central committeeperson, then the candidate's
petition for nomination must contain at least 100 signatures
of the primary electors of his or her party of his or her
congressional district.
(g) Sanitary district trustee. Except as otherwise
provided in this Code, if a candidate seeks to run for trustee
of a sanitary district in which trustees are not elected from
wards, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
primary electors of his or her party from the sanitary
district. If a candidate seeks to run for trustee of a sanitary
district in which trustees are elected from wards, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the primary electors of
his or her party in the ward of that sanitary district. In the

first primary election following redistricting of sanitary
districts elected from wards, a candidate's petition for
nomination must contain at least the signatures of 150
qualified primary electors of his or her ward of that sanitary
district.
(h) Judicial office. Except as otherwise provided in this
Code, if a candidate seeks to run for judicial office in a
district, then the candidate's petition for nomination must
contain the number of signatures equal to 0.4% of the number of
votes cast in that district for the candidate for his or her
political party for the office of Governor at the last general
election at which a Governor was elected, but in no event less
than 500 signatures. If a candidate seeks to run for judicial
office in a circuit or subcircuit, then the candidate's
petition for nomination must contain the number of signatures
equal to 0.25% of the number of votes cast for the judicial
candidate of his or her political party who received the
highest number of votes at the last general election at which a
judicial officer from the same circuit or subcircuit was
regularly scheduled to be elected, but in no event less than
1,000 signatures in circuits and subcircuits located in the
First Judicial District or 500 signatures in every other
Judicial District.
(i) Precinct, ward, and township committeeperson. Except
as otherwise provided in this Code, if a candidate seeks to run
for precinct committeeperson, then the candidate's petition

for nomination must contain at least 10 signatures of the
primary electors of his or her party for the precinct. If a
candidate seeks to run for ward committeeperson, then the
candidate's petition for nomination must contain no less than
the number of signatures equal to 10% of the primary electors
of his or her party of the ward, but no more than 16% of those
same electors; provided that the maximum number of signatures
may be 50 more than the minimum number, whichever is greater.
If a candidate seeks to run for township committeeperson, then
the candidate's petition for nomination must contain no less
than the number of signatures equal to 5% of the primary
electors of his or her party of the township, but no more than
8% of those same electors; provided that the maximum number of
signatures may be 50 more than the minimum number, whichever
is greater.
(j) State's attorney or regional superintendent of schools
for multiple counties. If a candidate seeks to run for State's
attorney or regional Superintendent of Schools who serves more
than one county, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the primary electors of his or her party in the territory
comprising the counties.
(k) Any other office. If a candidate seeks any other
office, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
registered voters of the political subdivision, district, or

division for which the nomination is made or 25 signatures,
whichever is greater.
For purposes of this Section the number of primary
electors shall be determined by taking the total vote cast, in
the applicable district, for the candidate for that political
party who received the highest number of votes, statewide, at
the last general election in the State at which electors for
President of the United States were elected. For political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the political subdivision at the last regular election at
which an officer was regularly scheduled to be elected from
that subdivision. For wards or districts of political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the ward or district at the last regular election at which
an officer was regularly scheduled to be elected from that
ward or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
The changes made to this Section by Public Act 93-574 of
this amendatory Act of the 93rd General Assembly are
declarative of existing law, except for item (3) of subsection

(d).
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices. In the case of the offices of
Governor and Lieutenant Governor, a joint petition including
one candidate for each of those offices must be filed.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Except as otherwise provided in this Code, where
the nomination is to be made for a State, congressional,
or judicial office, or for any office a nomination for
which is made for a territorial division or district which
comprises more than one county or is partly in one county
and partly in another county or counties (including the
Fox Metro Water Reclamation District), then, except as
otherwise provided in this Section, such petition for
nomination shall be filed in the principal office of the
State Board of Elections not more than 113 and not less
than 106 days prior to the date of the primary, but, in the
case of petitions for nomination to fill a vacancy by
special election in the office of representative in
Congress from this State, such petition for nomination

shall be filed in the principal office of the State Board
of Elections not more than 85 days and not less than 82
days prior to the date of the primary.
Where a vacancy occurs in the office of Supreme,
Appellate or Circuit Court Judge within the 3-week period
preceding the 106th day before a general primary election,
petitions for nomination for the office in which the
vacancy has occurred shall be filed in the principal
office of the State Board of Elections not more than 92 nor
less than 85 days prior to the date of the general primary
election.
Where the nomination is to be made for delegates or
alternate delegates to a national nominating convention,
then such petition for nomination shall be filed in the
principal office of the State Board of Elections not more
than 113 and not less than 106 days prior to the date of
the primary; provided, however, that if the rules or
policies of a national political party conflict with such
requirements for filing petitions for nomination for
delegates or alternate delegates to a national nominating
convention, the chair of the State central committee of
such national political party shall notify the Board in
writing, citing by reference the rules or policies of the
national political party in conflict, and in such case the
Board shall direct such petitions to be filed in
accordance with the delegate selection plan adopted by the

state central committee of such national political party.
(2) Where the nomination is to be made for a county
office or trustee of a sanitary district then such
petition shall be filed in the office of the county clerk
not more than 113 nor less than 106 days prior to the date
of the primary.
(3) Where the nomination is to be made for a municipal
or township office, such petitions for nomination shall be
filed in the office of the local election official, not
more than 99 nor less than 92 days prior to the date of the
primary; provided, where a municipality's or township's
boundaries are coextensive with or are entirely within the
jurisdiction of a municipal board of election
commissioners, the petitions shall be filed in the office
of such board; and provided, that petitions for the office
of multi-township assessor shall be filed with the
election authority.
(4) The petitions of candidates for State central
committeeperson shall be filed in the principal office of
the State Board of Elections not more than 113 nor less
than 106 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or
ward committeepersons shall be filed in the office of the
county clerk not more than 113 nor less than 106 days prior
to the date of the primary.
(6) The State Board of Elections and the various

election authorities and local election officials with
whom such petitions for nominations are filed shall
specify the place where filings shall be made and upon
receipt shall endorse thereon the day and hour on which
each petition was filed. All petitions filed by persons
waiting in line as of 8:00 a.m. on the first day for
filing, or as of the normal opening hour of the office
involved on such day, shall be deemed filed as of 8:00 a.m.
or the normal opening hour, as the case may be. Petitions
filed by mail and received after midnight of the first day
for filing and in the first mail delivery or pickup of that
day shall be deemed as filed as of 8:00 a.m. of that day or
as of the normal opening hour of such day, as the case may
be. All petitions received thereafter shall be deemed as
filed in the order of actual receipt. However, 2 or more
petitions filed within the last hour of the filing
deadline shall be deemed filed simultaneously. Where 2 or
more petitions are received simultaneously, the State
Board of Elections or the various election authorities or
local election officials with whom such petitions are
filed shall break ties and determine the order of filing,
by means of a lottery or other fair and impartial method of
random selection approved by the State Board of Elections.
Such lottery shall be conducted within 9 days following
the last day for petition filing and shall be open to the
public. Seven days written notice of the time and place of

conducting such random selection shall be given by the
State Board of Elections to the chair of the State central
committee of each established political party, and by each
election authority or local election official, to the
County Chair of each established political party, and to
each organization of citizens within the election
jurisdiction which was entitled, under this Article, at
the next preceding election, to have pollwatchers present
on the day of election. The State Board of Elections,
election authority or local election official shall post
in a conspicuous, open and public place, at the entrance
of the office, notice of the time and place of such
lottery. The State Board of Elections shall adopt rules
and regulations governing the procedures for the conduct
of such lottery. All candidates shall be certified in the
order in which their petitions have been filed. Where
candidates have filed simultaneously, they shall be
certified in the order determined by lot and prior to
candidates who filed for the same office at a later time.
(7) The State Board of Elections or the appropriate
election authority or local election official with whom
such a petition for nomination is filed shall notify the
person for whom a petition for nomination has been filed
of the obligation to file statements of organization,
reports of campaign contributions, and annual reports of
campaign contributions and expenditures under Article 9 of

this Code Act. Such notice shall be given in the manner
prescribed by paragraph (7) of Section 9-16 of this Code.
(8) Nomination papers filed under this Section are not
valid if the candidate named therein fails to file a
statement of economic interests as required by the
Illinois Governmental Ethics Act in relation to his
candidacy with the appropriate officer by the end of the
period for the filing of nomination papers unless he has
filed a statement of economic interests in relation to the
same governmental unit with that officer within a year
preceding the date on which such nomination papers were
filed. If the nomination papers of any candidate and the
statement of economic interest of that candidate are not
required to be filed with the same officer, the candidate
must file with the officer with whom the nomination papers
are filed a receipt from the officer with whom the
statement of economic interests is filed showing the date
on which such statement was filed. Such receipt shall be
so filed not later than the last day on which nomination
papers may be filed.
(9) Except as otherwise provided in this Code, any
person for whom a petition for nomination, or for
committeeperson or for delegate or alternate delegate to a
national nominating convention has been filed may cause
his name to be withdrawn by request in writing, signed by
him and duly acknowledged before an officer qualified to

take acknowledgments of deeds, and filed in the principal
or permanent branch office of the State Board of Elections
or with the appropriate election authority or local
election official, not later than the date of
certification of candidates for the consolidated primary
or general primary ballot. No names so withdrawn shall be
certified or printed on the primary ballot. If petitions
for nomination have been filed for the same person with
respect to more than one political party, his name shall
not be certified nor printed on the primary ballot of any
party. If petitions for nomination have been filed for the
same person for 2 or more offices which are incompatible
so that the same person could not serve in more than one of
such offices if elected, that person must withdraw as a
candidate for all but one of such offices within the 5
business days following the last day for petition filing.
A candidate in a judicial election may file petitions for
nomination for only one vacancy in a subcircuit and only
one vacancy in a circuit in any one filing period, and if
petitions for nomination have been filed for the same
person for 2 or more vacancies in the same circuit or
subcircuit in the same filing period, his or her name
shall be certified only for the first vacancy for which
the petitions for nomination were filed. If he fails to
withdraw as a candidate for all but one of such offices
within such time his name shall not be certified, nor

printed on the primary ballot, for any office. For the
purpose of the foregoing provisions, an office in a
political party is not incompatible with any other office.
(10)(a) Notwithstanding the provisions of any other
statute, no primary shall be held for an established
political party in any township, municipality, or ward
thereof, where the nomination of such party for every
office to be voted upon by the electors of such township,
municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of a township, municipality, or ward
thereof, then a primary shall be held for that party in
such township, municipality, or ward thereof; provided
that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for
which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party
of a candidate for election to an office shall be deemed to
be uncontested where not more than the number of persons
to be nominated have timely filed valid nomination papers
seeking the nomination of such party for election to such
office.
(b) Notwithstanding the provisions of any other
statute, no primary election shall be held for an
established political party for any special primary

election called for the purpose of filling a vacancy in
the office of representative in the United States Congress
where the nomination of such political party for said
office is uncontested. For the purposes of this Article,
the nomination of an established political party of a
candidate for election to said office shall be deemed to
be uncontested where not more than the number of persons
to be nominated have timely filed valid nomination papers
seeking the nomination of such established party for
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(c) Notwithstanding the provisions in subparagraph (a)
and (b) of this paragraph (10), whenever a person who has
not timely filed valid nomination papers and who intends
to become a write-in candidate for a political party's
nomination for any office for which the nomination is
uncontested files a written statement or notice of that
intent with the State Board of Elections or the local
election official with whom nomination papers for such
office are filed, a primary ballot shall be prepared and a
primary shall be held for that office. Such statement or
notice shall be filed on or before the date established in
this Article for certifying candidates for the primary
ballot. Such statement or notice shall contain (i) the
name and address of the person intending to become a

write-in candidate, (ii) a statement that the person is a
qualified primary elector of the political party from whom
the nomination is sought, (iii) a statement that the
person intends to become a write-in candidate for the
party's nomination, and (iv) the office the person is
seeking as a write-in candidate. An election authority
shall have no duty to conduct a primary and prepare a
primary ballot for any office for which the nomination is
uncontested unless a statement or notice meeting the
requirements of this Section is filed in a timely manner.
(11) If multiple sets of nomination papers are filed
for a candidate to the same office, the State Board of
Elections, appropriate election authority or local
election official where the petitions are filed shall
within 2 business days notify the candidate of his or her
multiple petition filings and that the candidate has 3
business days after receipt of the notice to notify the
State Board of Elections, appropriate election authority
or local election official that he or she may cancel prior
sets of petitions. If the candidate notifies the State
Board of Elections, appropriate election authority or
local election official, the last set of petitions filed
shall be the only petitions to be considered valid by the
State Board of Elections, election authority or local
election official. If the candidate fails to notify the
State Board of Elections, election authority or local

election official then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(12) All nominating petitions shall be available for
public inspection and shall be preserved for a period of
not less than 6 months.
(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;
revised 7-14-21.)
(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
Sec. 10-4. Form of petition for nomination. All petitions
for nomination under this Article 10 for candidates for public
office in this State, shall in addition to other requirements
provided by law, be as follows: Such petitions shall consist
of sheets of uniform size and each sheet shall contain, above
the space for signature, an appropriate heading, giving the
information as to name of candidate or candidates in whose
behalf such petition is signed; the office; the party; place
of residence; and such other information or wording as
required to make same valid, and the heading of each sheet
shall be the same. Such petition shall be signed by the
qualified voters in their own proper persons only, and
opposite the signature of each signer his residence address
shall be written or printed. The residence address required to
be written or printed opposite each qualified primary
elector's name shall include the street address or rural route

number of the signer, as the case may be, as well as the
signer's county, and city, village or town, and state.
However, the county or city, village or town, and state of
residence of such electors may be printed on the petition
forms where all of the electors signing the petition reside in
the same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address,
including street number, if any. Except as otherwise provided
in this Code, no signature shall be valid or be counted in
considering the validity or sufficiency of such petition
unless the requirements of this Section are complied with. At
the bottom of each sheet of such petition shall be added a
circulator's statement, signed by a person 18 years of age or
older who is a citizen of the United States; stating the street
address or rural route number, as the case may be, as well as
the county, city, village or town, and state; certifying that
the signatures on that sheet of the petition were signed in his
or her presence; certifying that the signatures are genuine;
and either (1) indicating the dates on which that sheet was
circulated, or (2) indicating the first and last dates on
which the sheet was circulated, or (3) certifying that none of
the signatures on the sheet were signed more than 90 days
preceding the last day for the filing of the petition; and
certifying that to the best of his knowledge and belief the
persons so signing were at the time of signing the petition
duly registered voters under Article Articles 4, 5, or 6 of

this the Code of the political subdivision or district for
which the candidate or candidates shall be nominated, and
certifying that their respective residences are correctly
stated therein. Such statement shall be sworn to before some
officer authorized to administer oaths in this State. Except
as otherwise provided in this Code, no petition sheet shall be
circulated more than 90 days preceding the last day provided
in Section 10-6 for the filing of such petition. Such sheets,
before being presented to the electoral board or filed with
the proper officer of the electoral district or division of
the state or municipality, as the case may be, shall be neatly
fastened together in book form, by placing the sheets in a pile
and fastening them together at one edge in a secure and
suitable manner, and the sheets shall then be numbered
consecutively. The sheets shall not be fastened by pasting
them together end to end, so as to form a continuous strip or
roll. All petition sheets which are filed with the proper
local election officials, election authorities or the State
Board of Elections shall be the original sheets which have
been signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets. A petition, when
presented or filed, shall not be withdrawn, altered, or added
to, and no signature shall be revoked except by revocation in
writing presented or filed with the officers or officer with
whom the petition is required to be presented or filed, and
before the presentment or filing of such petition. Whoever

forges any name of a signer upon any petition shall be deemed
guilty of a forgery, and on conviction thereof, shall be
punished accordingly. The word "petition" or "petition for
nomination", as used herein, shall mean what is sometimes
known as nomination papers, in distinction to what is known as
a certificate of nomination. The words "political division for
which the candidate is nominated", or its equivalent, shall
mean the largest political division in which all qualified
voters may vote upon such candidate or candidates, as the
state in the case of state officers; the township in the case
of township officers et cetera. Provided, further, that no
person shall circulate or certify petitions for candidates of
more than one political party, or for an independent candidate
or candidates in addition to one political party, to be voted
upon at the next primary or general election, or for such
candidates and parties with respect to the same political
subdivision at the next consolidated election.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
Sec. 19-2. Except as otherwise provided in this Code, any
elector as defined in Section 19-1 may by mail or
electronically on the website of the appropriate election
authority, not more than 90 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 90
nor less than one day prior to the date of such election, make

application to the county clerk or to the Board of Election
Commissioners for an official ballot for the voter's precinct
to be voted at such election, or to be added to a list of
permanent vote by mail status voters who receive an official
vote by mail ballot for subsequent elections. Voters who make
an application for permanent vote by mail ballot status shall
follow the procedures specified in Section 19-3. Voters whose
application for permanent vote by mail status is accepted by
the election authority shall remain on the permanent vote by
mail list until the voter requests to be removed from
permanent vote by mail status, the voter provides notice to
the election authority of a change in registration, or the
election authority receives confirmation that the voter has
subsequently registered to vote in another county. The URL
address at which voters may electronically request a vote by
mail ballot shall be fixed no later than 90 calendar days
before an election and shall not be changed until after the
election. Such a ballot shall be delivered to the elector only
upon separate application by the elector for each election.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
Section 12. The Community Development Loan Guarantee Act
is amended by changing Section 30-1 as follows:
(15 ILCS 516/30-1)
Sec. 30-1. Short title. This Article Act may be cited as

the Community Development Loan Guarantee Act. References in
this Article to "this Act" mean this Article.
(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)
Section 15. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-53 as follows:
(20 ILCS 2605/2605-53)
Sec. 2605-53. 9-1-1 system; sexual assault and sexual
abuse.
(a) The Office of the Statewide 9-1-1 Administrator, in
consultation with the Office of the Attorney General and the
Illinois Law Enforcement Training Standards Board, shall:
(1) develop comprehensive guidelines for
evidence-based, trauma-informed, victim-centered handling
of sexual assault or sexual abuse calls by Public Safety
Answering Point telecommunicators; and
(2) adopt rules and minimum standards for an
evidence-based, trauma-informed, victim-centered training
curriculum for handling of sexual assault or sexual abuse
calls for Public Safety Answering Point telecommunicators
("PSAP").
(a-5) Within one year after June 3, 2021 (the effective
date of Public Act 102-9) this amendatory Act of the 102nd
General Assembly, the Office of the Statewide 9-1-1

Administrator, in consultation with the Statewide 9-1-1
Advisory Board, shall:
(1) develop comprehensive guidelines for training on
emergency dispatch procedures, including, but not limited
to, emergency medical dispatch, and the delivery of 9-1-1
services and professionalism for public safety
telecommunicators and public safety telecommunicator
supervisors; and
(2) adopt rules and minimum standards for continuing
education on emergency dispatch procedures, including, but
not limited to, emergency medical dispatch, and the
delivery of 9-1-1 services and professionalism for public
safety telecommunicators and public safety
telecommunicator Supervisors. ; and
(a-10) The Office of the Statewide 9-1-1 Administrator may
as necessary establish by rule appropriate testing and
certification processes consistent with the training required
by this Section.
(b) Training requirements:
(1) Newly hired PSAP telecommunicators must complete
the sexual assault and sexual abuse training curriculum
established in subsection (a) of this Section prior to
handling emergency calls.
(2) All existing PSAP telecommunicators shall complete
the sexual assault and sexual abuse training curriculum
established in subsection (a) of this Section within 2

years of January 1, 2017 (the effective date of Public Act
99-801) this amendatory Act of the 99th General Assembly.
(3) Newly hired public safety telecommunicators shall
complete the emergency dispatch procedures training
curriculum established in subsection (a-5) of this Section
prior to independently handling emergency calls within one
year of the Statewide 9-1-1 Administrator establishing the
required guidelines, rules, and standards.
(4) All public safety telecommunicators and public
safety telecommunicator supervisors who were not required
to complete new hire training prior to handling emergency
calls, must either demonstrate proficiency or complete the
training established in subsection (a-5) of this Section
within one year of the Statewide 9-1-1 Administrator
establishing the required guidelines, rules, and
standards.
(5) Upon completion of the training required in either
paragraph (3) or (4) of this subsection (b), whichever is
applicable, all public safety telecommunicators and public
safety telecommunicator supervisors shall complete the
continuing education training regarding the delivery of
9-1-1 services and professionalism biennially.
(c) The Illinois State Police may adopt rules for the
administration of this Section.
(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)

Section 20. The State Police Act is amended by changing
Section 17c as follows:
(20 ILCS 2610/17c)
Sec. 17c. Military equipment surplus program.
(a) For purposes of this Section:
"Bayonet" means a large knife designed to be attached to
the muzzle of a rifle, shotgun, or long gun for the purpose of
hand-to-hand combat.
"Grenade launcher" means a firearm or firearm accessory
used to launch fragmentary explosive rounds designed to
inflict death or cause great bodily harm.
"Military equipment surplus program" means any federal or
State program allowing a law enforcement agency to obtain
surplus military equipment, including, but not limited limit
to, any program organized under Section 1122 of the National
Defense Authorization Act for Fiscal Year 1994 (Pub. L.
103-160) or Section 1033 of the National Defense Authorization
Act for Fiscal Year 1997 (Pub. L. 104-201), or any program
established under 10 U.S.C. 2576a.
"Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system instead of wheels for forward motion, not including
vehicles listed in the Authorized Equipment List as published
by the Federal Emergency Management Agency.
"Weaponized aircraft, vessel, or vehicle" means any

aircraft, vessel, or vehicle with weapons installed.
(b) The Illinois State Police shall not request or receive
from any military equipment surplus program nor purchase or
otherwise utilize the following equipment:
(1) tracked armored vehicles;
(2) weaponized aircraft, vessels, or vehicles;
(3) firearms of .50-caliber or higher;
(4) ammunition of .50-caliber or higher;
(5) grenade launchers; or
(6) bayonets.
(c) If the Illinois State Police request other property
not prohibited by this Section from a military equipment
surplus program, the Illinois State Police shall publish
notice of the request on a publicly accessible website
maintained by the Illinois State Police within 14 days after
the request.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 7-30-21.)
Section 25. The Illinois Future of Work Act is amended by
changing Section 15 as follows:
(20 ILCS 4103/15)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15. Membership; meetings.
(a) The members of the Illinois Future of Work Task Force

shall include and represent the diversity of the people of
Illinois, and shall be composed of the following:
(1) four members, including one representative of the
business community and one representative of the labor
community, appointed by the Senate President, one of whom
shall serve as co-chair;
(2) four members, including one representative of the
business community and one representative of the labor
community, appointed by the Minority Leader of the Senate,
one of whom shall serve as co-chair;
(3) four members, including one representative of the
business community and one representative of the labor
community, appointed by the Speaker of the House of
Representatives, one of whom shall serve as co-chair;
(4) four members, including one representative of the
business community and one representative of the labor
community, appointed by the Minority Leader of the Speaker
of the House of Representatives, one of whom shall serve
as co-chair;
(5) four members, one from each of the following: the
business community, the labor community, the environmental
community, and the education community that advocate for
job growth, appointed by the Governor;
(6) three members appointed by the Governor whose
professional expertise is at the juncture of work and
workers' rights;

(7) the Director of Labor or his or her designee;
(8) the Director of Commerce and Economic Opportunity
or his or her designee;
(9) the Director of Employment Security or his or her
designee;
(10) the Superintendent of the State Board of
Education or his or her designee;
(11) the Executive Director of the Illinois Community
College Board or his or her designee; and
(12) the Executive Director of the Board of Higher
Education or his or her designee.
(b) Appointments for the Illinois Future of Work Task
Force must be finalized by August 31, 2021. The Illinois
Future of Work Task Force shall hold one meeting per month for
a total of 7 meetings, and the first meeting must be held
within 30 days after appointments are finalized.
(c) Members of the Illinois Future of Work Task Force
shall serve without compensation.
(d) The Department of Commerce and Economic Opportunity
shall provide administrative support to the Task Force.
(Source: P.A. 102-407, eff. 8-19-21; revised 8-25-21.)
Section 27. The Racial Impact Note Act is amended by
changing Section 110-5 as follows:
(25 ILCS 83/110-5)

Sec. 110-5. Racial impact note. (a) Every bill which has
or could have a disparate impact on racial and ethnic
minorities, upon the request of any member, shall have
prepared for it, before second reading in the house of
introduction, a brief explanatory statement or note that shall
include a reliable estimate of the anticipated impact on those
racial and ethnic minorities likely to be impacted by the
bill. Each racial impact note must include, for racial and
ethnic minorities for which data are available: (i) an
estimate of how the proposed legislation would impact racial
and ethnic minorities; (ii) a statement of the methodologies
and assumptions used in preparing the estimate; (iii) an
estimate of the racial and ethnic composition of the
population who may be impacted by the proposed legislation,
including those persons who may be negatively impacted and
those persons who may benefit from the proposed legislation;
and (iv) any other matter that a responding agency considers
appropriate in relation to the racial and ethnic minorities
likely to be affected by the bill.
(Source: P.A. 102-4, eff. 4-27-21; revised 7-16-21.)
Section 30. The State Finance Act is amended by changing
Section 8.25-4 as follows:
(30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)
Sec. 8.25-4. All moneys in the Illinois Sports Facilities

Fund are allocated to and shall be transferred, appropriated,
and used only for the purposes authorized by, and subject to,
the limitations and conditions of this Section.
All moneys deposited pursuant to Section 13.1 of the State
Revenue Sharing Act "An Act in relation to State revenue
sharing with local governmental entities", as amended, and all
moneys deposited with respect to the $5,000,000 deposit, but
not the additional $8,000,000 advance applicable before July
1, 2001, or the Advance Amount applicable on and after that
date, pursuant to Section 6 of the "The Hotel Operators'
Occupation Tax Act", as amended, into the Illinois Sports
Facilities Fund shall be credited to the Subsidy Account
within the Fund. All moneys deposited with respect to the
additional $8,000,000 advance applicable before July 1, 2001,
or the Advance Amount applicable on and after that date, but
not the $5,000,000 deposit, pursuant to Section 6 of the "The
Hotel Operators' Occupation Tax Act", as amended, into the
Illinois Sports Facilities Fund shall be credited to the
Advance Account within the Fund. All moneys deposited from any
transfer pursuant to Section 8g-1 of the State Finance Act
shall be credited to the Advance Account within the Fund.
Beginning with fiscal year 1989 and continuing for each
fiscal year thereafter through and including fiscal year 2001,
no less than 30 days before the beginning of such fiscal year
(except as soon as may be practicable after July 7, 1988 (the
effective date of Public Act 85-1034) this amendatory Act of

1988 with respect to fiscal year 1989) the Chairman of the
Illinois Sports Facilities Authority shall certify to the
State Comptroller and the State Treasurer, without taking into
account any revenues or receipts of the Authority, the lesser
of (a) $18,000,000 and (b) the sum of (i) the amount
anticipated to be required by the Authority during the fiscal
year to pay principal of and interest on, and other payments
relating to, its obligations issued or to be issued under
Section 13 of the Illinois Sports Facilities Authority Act,
including any deposits required to reserve funds created under
any indenture or resolution authorizing issuance of the
obligations and payments to providers of credit enhancement,
(ii) the amount anticipated to be required by the Authority
during the fiscal year to pay obligations under the provisions
of any management agreement with respect to a facility or
facilities owned by the Authority or of any assistance
agreement with respect to any facility for which financial
assistance is provided under the Illinois Sports Facilities
Authority Act, and to pay other capital and operating expenses
of the Authority during the fiscal year, including any
deposits required to reserve funds created for repair and
replacement of capital assets and to meet the obligations of
the Authority under any management agreement or assistance
agreement, and (iii) any amounts under (i) and (ii) above
remaining unpaid from previous years.
Beginning with fiscal year 2002 and continuing for each

fiscal year thereafter, no less than 30 days before the
beginning of such fiscal year, the Chairman of the Illinois
Sports Facilities Authority shall certify to the State
Comptroller and the State Treasurer, without taking into
account any revenues or receipts of the Authority, the lesser
of (a) an amount equal to the sum of the Advance Amount plus
$10,000,000 and (b) the sum of (i) the amount anticipated to be
required by the Authority during the fiscal year to pay
principal of and interest on, and other payments relating to,
its obligations issued or to be issued under Section 13 of the
Illinois Sports Facilities Authority Act, including any
deposits required to reserve funds created under any indenture
or resolution authorizing issuance of the obligations and
payments to providers of credit enhancement, (ii) the amount
anticipated to be required by the Authority during the fiscal
year to pay obligations under the provisions of any management
agreement with respect to a facility or facilities owned by
the Authority or any assistance agreement with respect to any
facility for which financial assistance is provided under the
Illinois Sports Facilities Authority Act, and to pay other
capital and operating expenses of the Authority during the
fiscal year, including any deposits required to reserve funds
created for repair and replacement of capital assets and to
meet the obligations of the Authority under any management
agreement or assistance agreement, and (iii) any amounts under
(i) and (ii) above remaining unpaid from previous years.

A copy of any certification made by the Chairman under the
preceding 2 paragraphs shall be filed with the Governor and
the Mayor of the City of Chicago. The Chairman may file an
amended certification from time to time.
Subject to sufficient appropriation by the General
Assembly, beginning with July 1, 1988 and thereafter
continuing on the first day of each month during each fiscal
year through and including fiscal year 2001, the Comptroller
shall order paid and the Treasurer shall pay to the Authority
the amount in the Illinois Sports Facilities Fund until (x)
the lesser of $10,000,000 or the amount appropriated for
payment to the Authority from amounts credited to the Subsidy
Account and (y) the lesser of $8,000,000 or the difference
between the amount appropriated for payment to the Authority
during the fiscal year and $10,000,000 has been paid from
amounts credited to the Advance Account.
Subject to sufficient appropriation by the General
Assembly, beginning with July 1, 2001, and thereafter
continuing on the first day of each month during each fiscal
year thereafter, the Comptroller shall order paid and the
Treasurer shall pay to the Authority the amount in the
Illinois Sports Facilities Fund until (x) the lesser of
$10,000,000 or the amount appropriated for payment to the
Authority from amounts credited to the Subsidy Account and (y)
the lesser of the Advance Amount or the difference between the
amount appropriated for payment to the Authority during the

fiscal year and $10,000,000 has been paid from amounts
credited to the Advance Account.
Provided that all amounts deposited in the Illinois Sports
Facilities Fund and credited to the Subsidy Account, to the
extent requested pursuant to the Chairman's certification,
have been paid, on June 30, 1989, and on June 30 of each year
thereafter, all amounts remaining in the Subsidy Account of
the Illinois Sports Facilities Fund shall be transferred by
the State Treasurer one-half to the General Revenue Fund in
the State Treasury and one-half to the City Tax Fund. Provided
that all amounts appropriated from the Illinois Sports
Facilities Fund, to the extent requested pursuant to the
Chairman's certification, have been paid, on June 30, 1989,
and on June 30 of each year thereafter, all amounts remaining
in the Advance Account of the Illinois Sports Facilities Fund
shall be transferred by the State Treasurer to the General
Revenue Fund in the State Treasury.
For purposes of this Section, the term "Advance Amount"
means, for fiscal year 2002, $22,179,000, and for subsequent
fiscal years through fiscal year 2033, 105.615% of the Advance
Amount for the immediately preceding fiscal year, rounded up
to the nearest $1,000.
(Source: P.A. 102-16, Article 2, Section 2-5, eff. 6-17-21;
102-16, Article 6, Section 6-5, eff. 6-17-21; revised
7-17-21.)

Section 35. The Illinois Procurement Code is amended by
changing Sections 35-30 and 50-85 as follows:
(30 ILCS 500/35-30)
(Text of Section before amendment by P.A. 101-657, Article
40, Section 40-125)
Sec. 35-30. Awards.
(a) All State contracts for professional and artistic
services, except as provided in this Section, shall be awarded
using the competitive request for proposal process outlined in
this Section. The scoring for requests for proposals shall
include the commitment to diversity factors and methodology
described in subsection (e-5) of Section 20-15.
(b) For each contract offered, the chief procurement
officer, State purchasing officer, or his or her designee
shall use the appropriate standard solicitation forms
available from the chief procurement officer for matters other
than construction or the higher education chief procurement
officer.
(c) Prepared forms shall be submitted to the chief
procurement officer for matters other than construction or the
higher education chief procurement officer, whichever is
appropriate, for publication in its Illinois Procurement
Bulletin and circulation to the chief procurement officer for
matters other than construction or the higher education chief
procurement officer's list of prequalified vendors. Notice of

the offer or request for proposal shall appear at least 14
calendar days before the response to the offer is due.
(d) All interested respondents shall return their
responses to the chief procurement officer for matters other
than construction or the higher education chief procurement
officer, whichever is appropriate, which shall open and record
them. The chief procurement officer for matters other than
construction or higher education chief procurement officer
then shall forward the responses, together with any
information it has available about the qualifications and
other State work of the respondents.
(e) After evaluation, ranking, and selection, the
responsible chief procurement officer, State purchasing
officer, or his or her designee shall notify the chief
procurement officer for matters other than construction or the
higher education chief procurement officer, whichever is
appropriate, of the successful respondent and shall forward a
copy of the signed contract for the chief procurement officer
for matters other than construction or higher education chief
procurement officer's file. The chief procurement officer for
matters other than construction or higher education chief
procurement officer shall publish the names of the responsible
procurement decision-maker, the agency letting the contract,
the successful respondent, a contract reference, and value of
the let contract in the next appropriate volume of the
Illinois Procurement Bulletin.

(f) For all professional and artistic contracts with
annualized value that exceeds $100,000, evaluation and ranking
by price are required. Any chief procurement officer or State
purchasing officer, but not their designees, may select a
respondent other than the lowest respondent by price. In any
case, when the contract exceeds the $100,000 threshold and the
lowest respondent is not selected, the chief procurement
officer or the State purchasing officer shall forward together
with the contract notice of who the low respondent by price was
and a written decision as to why another was selected to the
chief procurement officer for matters other than construction
or the higher education chief procurement officer, whichever
is appropriate. The chief procurement officer for matters
other than construction or higher education chief procurement
officer shall publish as provided in subsection (e) of Section
35-30, but shall include notice of the chief procurement
officer's or State purchasing officer's written decision.
(g) The chief procurement officer for matters other than
construction and higher education chief procurement officer
may each refine, but not contradict, this Section by
promulgating rules for submission to the Procurement Policy
Board and then to the Joint Committee on Administrative Rules.
Any refinement shall be based on the principles and procedures
of the federal Architect-Engineer Selection Law, Public Law
92-582 Brooks Act, and the Architectural, Engineering, and
Land Surveying Qualifications Based Selection Act; except that

pricing shall be an integral part of the selection process.
(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section
5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective
date of P.A. 101-657, Article 5, Section 5-5).)
(Text of Section after amendment by P.A. 101-657, Article
40, Section 40-125)
Sec. 35-30. Awards.
(a) All State contracts for professional and artistic
services, except as provided in this Section, shall be awarded
using the competitive request for proposal process outlined in
this Section. The scoring for requests for proposals shall
include the commitment to diversity factors and methodology
described in subsection (e-5) of Section 20-15.
(b) For each contract offered, the chief procurement
officer, State purchasing officer, or his or her designee
shall use the appropriate standard solicitation forms
available from the chief procurement officer for matters other
than construction or the higher education chief procurement
officer.
(c) Prepared forms shall be submitted to the chief
procurement officer for matters other than construction or the
higher education chief procurement officer, whichever is
appropriate, for publication in its Illinois Procurement
Bulletin and circulation to the chief procurement officer for
matters other than construction or the higher education chief

procurement officer's list of prequalified vendors. Notice of
the offer or request for proposal shall appear at least 14
calendar days before the response to the offer is due.
(d) All interested respondents shall return their
responses to the chief procurement officer for matters other
than construction or the higher education chief procurement
officer, whichever is appropriate, which shall open and record
them. The chief procurement officer for matters other than
construction or higher education chief procurement officer
then shall forward the responses, together with any
information it has available about the qualifications and
other State work of the respondents.
(e) After evaluation, ranking, and selection, the
responsible chief procurement officer, State purchasing
officer, or his or her designee shall notify the chief
procurement officer for matters other than construction or the
higher education chief procurement officer, whichever is
appropriate, of the successful respondent and shall forward a
copy of the signed contract for the chief procurement officer
for matters other than construction or higher education chief
procurement officer's file. The chief procurement officer for
matters other than construction or higher education chief
procurement officer shall publish the names of the responsible
procurement decision-maker, the agency letting the contract,
the successful respondent, a contract reference, and value of
the let contract in the next appropriate volume of the

Illinois Procurement Bulletin.
(f) For all professional and artistic contracts with
annualized value that exceeds $100,000, evaluation and ranking
by price are required. Any chief procurement officer or State
purchasing officer, but not their designees, may select a
respondent other than the lowest respondent by price. In any
case, when the contract exceeds the $100,000 threshold and the
lowest respondent is not selected, the chief procurement
officer or the State purchasing officer shall forward together
with the contract notice of who the low respondent by price was
and a written decision as to why another was selected to the
chief procurement officer for matters other than construction
or the higher education chief procurement officer, whichever
is appropriate. The chief procurement officer for matters
other than construction or higher education chief procurement
officer shall publish as provided in subsection (e) of Section
35-30, but shall include notice of the chief procurement
officer's or State purchasing officer's written decision.
(g) The chief procurement officer for matters other than
construction and higher education chief procurement officer
may each refine, but not contradict, this Section by
promulgating rules for submission to the Procurement Policy
Board and the Commission on Equity and Inclusion and then to
the Joint Committee on Administrative Rules. Any refinement
shall be based on the principles and procedures of the federal
Architect-Engineer Selection Law, Public Law 92-582 Brooks

Act, and the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act; except that pricing shall
be an integral part of the selection process.
(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section
5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective
date of P.A. 101-657, Article 5, Section 5-5); 101-657,
Article 40, Section 40-125, eff. 1-1-22; revised 7-13-21.)
(30 ILCS 500/50-85)
Sec. 50-85. Diversity training. (a) Each chief procurement
officer, State purchasing officer, procurement compliance
monitor, applicable support staff of each chief procurement
officer, State agency purchasing and contracting staff, those
identified under subsection (c) of Section 5-45 of the State
Officials and Employees Ethics Act who have the authority to
participate personally and substantially in the award of State
contracts, and any other State agency staff with substantial
procurement and contracting responsibilities as determined by
the chief procurement officer, in consultation with the State
agency, shall complete annual training for diversity and
inclusion. Each chief procurement officer shall prescribe the
program of diversity and inclusion training appropriate for
each chief procurement officer's jurisdiction.
(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A.
102-29 for effective date of P.A. 101-657, Article 5, Section
5-5); revised 7-23-21.)

Section 40. The Commission on Equity and Inclusion Act is
amended by changing Section 40-1 as follows:
(30 ILCS 574/40-1)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 40-1. Short title. This Article Act may be cited as
the Commission on Equity and Inclusion Act. References in this
Article to "this Act" mean this Article.
(Source: P.A. 101-657, eff. 1-1-22; revised 7-16-21.)
Section 45. The Illinois Income Tax Act is amended by
changing Sections 211 and 905 as follows:
(35 ILCS 5/211)
Sec. 211. Economic Development for a Growing Economy Tax
Credit. For tax years beginning on or after January 1, 1999, a
Taxpayer who has entered into an Agreement (including a New
Construction EDGE Agreement) under the Economic Development
for a Growing Economy Tax Credit Act is entitled to a credit
against the taxes imposed under subsections (a) and (b) of
Section 201 of this Act in an amount to be determined in the
Agreement. If the Taxpayer is a partnership or Subchapter S
corporation, the credit shall be allowed to the partners or
shareholders in accordance with the determination of income

and distributive share of income under Sections 702 and 704
and subchapter S of the Internal Revenue Code. The Department,
in cooperation with the Department of Commerce and Economic
Opportunity, shall prescribe rules to enforce and administer
the provisions of this Section. This Section is exempt from
the provisions of Section 250 of this Act.
The credit shall be subject to the conditions set forth in
the Agreement and the following limitations:
(1) The tax credit shall not exceed the Incremental
Income Tax (as defined in Section 5-5 of the Economic
Development for a Growing Economy Tax Credit Act) with
respect to the project; additionally, the New Construction
EDGE Credit shall not exceed the New Construction EDGE
Incremental Income Tax (as defined in Section 5-5 of the
Economic Development for a Growing Economy Tax Credit
Act).
(2) The amount of the credit allowed during the tax
year plus the sum of all amounts allowed in prior years
shall not exceed 100% of the aggregate amount expended by
the Taxpayer during all prior tax years on approved costs
defined by Agreement.
(3) The amount of the credit shall be determined on an
annual basis. Except as applied in a carryover year
pursuant to Section 211(4) of this Act, the credit may not
be applied against any State income tax liability in more
than 10 taxable years; provided, however, that (i) an

eligible business certified by the Department of Commerce
and Economic Opportunity under the Corporate Headquarters
Relocation Act may not apply the credit against any of its
State income tax liability in more than 15 taxable years
and (ii) credits allowed to that eligible business are
subject to the conditions and requirements set forth in
Sections 5-35 and 5-45 of the Economic Development for a
Growing Economy Tax Credit Act and Section 5-51 as
applicable to New Construction EDGE Credits.
(4) The credit may not exceed the amount of taxes
imposed pursuant to subsections (a) and (b) of Section 201
of this Act. Any credit that is unused in the year the
credit is computed may be carried forward and applied to
the tax liability of the 5 taxable years following the
excess credit year, except as otherwise provided under
paragraph (4.5) of this Section. The credit shall be
applied to the earliest year for which there is a tax
liability. If there are credits from more than one tax
year that are available to offset a liability, the earlier
credit shall be applied first.
(4.5) The Department of Commerce and Economic
Opportunity, in consultation with the Department of
Revenue, shall adopt rules to extend the sunset of any
earned, existing, or unused credit as provided for in
Section 605-1055 of the Department of Commerce and
Economic Opportunity Law of the Civil Administrative Code

of Illinois.
(5) No credit shall be allowed with respect to any
Agreement for any taxable year ending after the
Noncompliance Date. Upon receiving notification by the
Department of Commerce and Economic Opportunity of the
noncompliance of a Taxpayer with an Agreement, the
Department shall notify the Taxpayer that no credit is
allowed with respect to that Agreement for any taxable
year ending after the Noncompliance Date, as stated in
such notification. If any credit has been allowed with
respect to an Agreement for a taxable year ending after
the Noncompliance Date for that Agreement, any refund paid
to the Taxpayer for that taxable year shall, to the extent
of that credit allowed, be an erroneous refund within the
meaning of Section 912 of this Act.
If, during any taxable year, a taxpayer ceases
operations at a project location that is the subject of
that Agreement with the intent to terminate operations in
the State, the tax imposed under subsections (a) and (b)
of Section 201 of this Act for such taxable year shall be
increased by the amount of any credit allowed under the
Agreement for that project location prior to the date the
taxpayer ceases operations.
(6) For purposes of this Section, the terms
"Agreement", "Incremental Income Tax", "New Construction
EDGE Agreement", "New Construction EDGE Credit", "New

Construction EDGE Incremental Income Tax", and
"Noncompliance Date" have the same meaning as when used in
the Economic Development for a Growing Economy Tax Credit
Act.
(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21;
102-40, eff. 6-25-21; revised 7-15-21.)
(35 ILCS 5/905) (from Ch. 120, par. 9-905)
Sec. 905. Limitations on notices of deficiency.
(a) In general. Except as otherwise provided in this Act:
(1) A notice of deficiency shall be issued not later
than 3 years after the date the return was filed, and
(2) No deficiency shall be assessed or collected with
respect to the year for which the return was filed unless
such notice is issued within such period.
(a-5) Notwithstanding any other provision of this Act to
the contrary, for any taxable year included in a claim for
credit or refund for which the statute of limitations for
issuing a notice of deficiency under this Act will expire less
than 6 months after the date a taxpayer files the claim for
credit or refund, the statute of limitations is automatically
extended for 6 months from the date it would have otherwise
expired.
(b) Substantial omission of items.
(1) Omission of more than 25% of income. If the
taxpayer omits from base income an amount properly

includible therein which is in excess of 25% of the amount
of base income stated in the return, a notice of
deficiency may be issued not later than 6 years after the
return was filed. For purposes of this paragraph, there
shall not be taken into account any amount which is
omitted in the return if such amount is disclosed in the
return, or in a statement attached to the return, in a
manner adequate to apprise the Department of the nature
and the amount of such item.
(2) Reportable transactions. If a taxpayer fails to
include on any return or statement for any taxable year
any information with respect to a reportable transaction,
as required under Section 501(b) of this Act, a notice of
deficiency may be issued not later than 6 years after the
return is filed with respect to the taxable year in which
the taxpayer participated in the reportable transaction
and said deficiency is limited to the non-disclosed item.
(3) Withholding. If an employer omits from a return
required under Section 704A of this Act for any period
beginning on or after January 1, 2013, an amount required
to be withheld and to be reported on that return which is
in excess of 25% of the total amount of withholding
required to be reported on that return, a notice of
deficiency may be issued not later than 6 years after the
return was filed.
(c) No return or fraudulent return. If no return is filed

or a false and fraudulent return is filed with intent to evade
the tax imposed by this Act, a notice of deficiency may be
issued at any time. For purposes of this subsection (c), any
taxpayer who is required to join in the filing of a return
filed under the provisions of subsection (e) of Section 502 of
this Act for a taxable year ending on or after December 31,
2013 and who is not included on that return and does not file
its own return for that taxable year shall be deemed to have
failed to file a return; provided that the amount of any
proposed assessment set forth in a notice of deficiency issued
under this subsection (c) shall be limited to the amount of any
increase in liability under this Act that should have reported
on the return required under the provisions of subsection (e)
of Section 502 of this Act for that taxable year resulting from
proper inclusion of that taxpayer on that return.
(d) Failure to report federal change. If a taxpayer fails
to notify the Department in any case where notification is
required by Section 304(c) or 506(b), or fails to report a
change or correction which is treated in the same manner as if
it were a deficiency for federal income tax purposes, a notice
of deficiency may be issued (i) at any time or (ii) on or after
August 13, 1999, at any time for the taxable year for which the
notification is required or for any taxable year to which the
taxpayer may carry an Article 2 credit, or a Section 207 loss,
earned, incurred, or used in the year for which the
notification is required; provided, however, that the amount

of any proposed assessment set forth in the notice shall be
limited to the amount of any deficiency resulting under this
Act from the recomputation of the taxpayer's net income,
Article 2 credits, or Section 207 loss earned, incurred, or
used in the taxable year for which the notification is
required after giving effect to the item or items required to
be reported.
(e) Report of federal change.
(1) Before August 13, 1999, in any case where
notification of an alteration is given as required by
Section 506(b), a notice of deficiency may be issued at
any time within 2 years after the date such notification
is given, provided, however, that the amount of any
proposed assessment set forth in such notice shall be
limited to the amount of any deficiency resulting under
this Act from recomputation of the taxpayer's net income,
net loss, or Article 2 credits for the taxable year after
giving effect to the item or items reflected in the
reported alteration.
(2) On and after August 13, 1999, in any case where
notification of an alteration is given as required by
Section 506(b), a notice of deficiency may be issued at
any time within 2 years after the date such notification
is given for the taxable year for which the notification
is given or for any taxable year to which the taxpayer may
carry an Article 2 credit, or a Section 207 loss, earned,

incurred, or used in the year for which the notification
is given, provided, however, that the amount of any
proposed assessment set forth in such notice shall be
limited to the amount of any deficiency resulting under
this Act from recomputation of the taxpayer's net income,
Article 2 credits, or Section 207 loss earned, incurred,
or used in the taxable year for which the notification is
given after giving effect to the item or items reflected
in the reported alteration.
(f) Extension by agreement. Where, before the expiration
of the time prescribed in this Section for the issuance of a
notice of deficiency, both the Department and the taxpayer
shall have consented in writing to its issuance after such
time, such notice may be issued at any time prior to the
expiration of the period agreed upon. In the case of a taxpayer
who is a partnership, Subchapter S corporation, or trust and
who enters into an agreement with the Department pursuant to
this subsection on or after January 1, 2003, a notice of
deficiency may be issued to the partners, shareholders, or
beneficiaries of the taxpayer at any time prior to the
expiration of the period agreed upon. Any proposed assessment
set forth in the notice, however, shall be limited to the
amount of any deficiency resulting under this Act from
recomputation of items of income, deduction, credits, or other
amounts of the taxpayer that are taken into account by the
partner, shareholder, or beneficiary in computing its

liability under this Act. The period so agreed upon may be
extended by subsequent agreements in writing made before the
expiration of the period previously agreed upon.
(g) Erroneous refunds. In any case in which there has been
an erroneous refund of tax payable under this Act, a notice of
deficiency may be issued at any time within 2 years from the
making of such refund, or within 5 years from the making of
such refund if it appears that any part of the refund was
induced by fraud or the misrepresentation of a material fact,
provided, however, that the amount of any proposed assessment
set forth in such notice shall be limited to the amount of such
erroneous refund.
Beginning July 1, 1993, in any case in which there has been
a refund of tax payable under this Act attributable to a net
loss carryback as provided for in Section 207, and that refund
is subsequently determined to be an erroneous refund due to a
reduction in the amount of the net loss which was originally
carried back, a notice of deficiency for the erroneous refund
amount may be issued at any time during the same time period in
which a notice of deficiency can be issued on the loss year
creating the carryback amount and subsequent erroneous refund.
The amount of any proposed assessment set forth in the notice
shall be limited to the amount of such erroneous refund.
(h) Time return deemed filed. For purposes of this Section
a tax return filed before the last day prescribed by law
(including any extension thereof) shall be deemed to have been

filed on such last day.
(i) Request for prompt determination of liability. For
purposes of subsection (a)(1), in the case of a tax return
required under this Act in respect of a decedent, or by his
estate during the period of administration, or by a
corporation, the period referred to in such Subsection shall
be 18 months after a written request for prompt determination
of liability is filed with the Department (at such time and in
such form and manner as the Department shall by regulations
prescribe) by the executor, administrator, or other fiduciary
representing the estate of such decedent, or by such
corporation, but not more than 3 years after the date the
return was filed. This subsection shall not apply in the case
of a corporation unless:
(1) (A) such written request notifies the Department
that the corporation contemplates dissolution at or before
the expiration of such 18-month period, (B) the
dissolution is begun in good faith before the expiration
of such 18-month period, and (C) the dissolution is
completed;
(2) (A) such written request notifies the Department
that a dissolution has in good faith been begun, and (B)
the dissolution is completed; or
(3) a dissolution has been completed at the time such
written request is made.
(j) Withholding tax. In the case of returns required under

Article 7 of this Act (with respect to any amounts withheld as
tax or any amounts required to have been withheld as tax) a
notice of deficiency shall be issued not later than 3 years
after the 15th day of the 4th month following the close of the
calendar year in which such withholding was required.
(k) Penalties for failure to make information reports. A
notice of deficiency for the penalties provided by Subsection
1405.1(c) of this Act may not be issued more than 3 years after
the due date of the reports with respect to which the penalties
are asserted.
(l) Penalty for failure to file withholding returns. A
notice of deficiency for penalties provided by Section 1004 of
this Act for the taxpayer's failure to file withholding
returns may not be issued more than three years after the 15th
day of the 4th month following the close of the calendar year
in which the withholding giving rise to the taxpayer's
obligation to file those returns occurred.
(m) Transferee liability. A notice of deficiency may be
issued to a transferee relative to a liability asserted under
Section 1405 during time periods defined as follows:
(1) 1) Initial Transferee. In the case of the
liability of an initial transferee, up to 2 years after
the expiration of the period of limitation for assessment
against the transferor, except that if a court proceeding
for review of the assessment against the transferor has
begun, then up to 2 years after the return of the certified

copy of the judgment in the court proceeding.
(2) 2) Transferee of Transferee. In the case of the
liability of a transferee, up to 2 years after the
expiration of the period of limitation for assessment
against the preceding transferee, but not more than 3
years after the expiration of the period of limitation for
assessment against the initial transferor; except that if,
before the expiration of the period of limitation for the
assessment of the liability of the transferee, a court
proceeding for the collection of the tax or liability in
respect thereof has been begun against the initial
transferor or the last preceding transferee, as the case
may be, then the period of limitation for assessment of
the liability of the transferee shall expire 2 years after
the return of the certified copy of the judgment in the
court proceeding.
(n) Notice of decrease in net loss. On and after August 23,
2002, no notice of deficiency shall be issued as the result of
a decrease determined by the Department in the net loss
incurred by a taxpayer in any taxable year ending prior to
December 31, 2002 under Section 207 of this Act unless the
Department has notified the taxpayer of the proposed decrease
within 3 years after the return reporting the loss was filed or
within one year after an amended return reporting an increase
in the loss was filed, provided that in the case of an amended
return, a decrease proposed by the Department more than 3

years after the original return was filed may not exceed the
increase claimed by the taxpayer on the original return.
(Source: P.A. 102-40, eff. 6-25-21; revised 8-3-21.)
Section 50. The Local Government Revenue Recapture Act is
amended by changing Sections 5-20 and 10-30 as follows:
(50 ILCS 355/5-20)
Sec. 5-20. Retention, collection, disclosure, and
destruction of financial information.
(a) A third party in possession of a taxpayer's financial
information must permanently destroy that financial
information pursuant to this Act. The financial information
shall be destroyed upon the soonest of the following to occur:
(1) if the taxpayer is not referred to the Department,
within 30 days after receipt of the taxpayer's financial
information from either the municipality or county, unless
the third party is monitoring disbursements from the
Department on an ongoing basis for a municipality or
county, in which case, the financial information shall be
destroyed no later than 3 years after receipt; or
(2) within 30 days after the Department receives a
taxpayer audit referral from a third party referring the
taxpayer to the Department for additional review.
(b) No third party in possession of financial information
may sell, lease, trade, market, or otherwise utilize or profit

from a taxpayer's financial information. The municipality or
county may, however, negotiate a fee with the third party. The
fee may be in the form of a contingency fee for a percentage of
the amount of additional distributions the municipality or
county receives for no more than 3 years following the first
disbursement to the municipality or county as a result of the
services of the third party under this Act.
(c) No third party may permanently or temporarily collect,
capture, purchase, use, receive through trade, or otherwise
retain a taxpayer's financial information beyond the scope of
subsection (a) of this Section.
(d) No third party in possession of confidential
information may disclose, redisclose, share, or otherwise
disseminate a taxpayer's financial information.
(e) A third party must dispose of the materials containing
financial information in a manner that renders the financial
information unreadable, unusable, and undecipherable. Proper
disposal methods include, but are not limited to, the
following:
(1) in the case of paper documents, burning,
pulverizing, or shredding so that the information cannot
practicably be read or reconstructed; and
(2) in the case of electronic media and other
non-paper media containing information, destroying or
erasing so that information cannot practicably be read,
reconstructed, or otherwise utilized by the third party or

others.
(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;
revised 8-3-21.)
(50 ILCS 355/10-30)
Sec. 10-30. Local government revenue recapture audit
referral.
(a) A third party shall not refer a taxpayer to the
Department for audit consideration unless the third party is
registered with the Department pursuant to Section 5-35.
(b) If, based on a review of the financial information
provided by the Department to a municipality or county, or
provided by a municipality or county to a registered third
party, the municipality or county discovers that a taxpayer
may have underpaid local retailers' or service occupation
taxes, then it may refer the matter to the Department for audit
consideration. The tax compliance referral may be made only by
the municipality, county, or third party and shall be made in
the form and manner required by the Department, including any
requirement that the referral be submitted electronically. The
tax compliance referral shall, at a minimum, include proof of
registration as a third party, a copy of a contract between the
third party and the county or municipality, the taxpayer's
name, Department account identification number, mailing
address, and business location, and the specific reason for
the tax compliance referral, including as much detail as

possible.
(c) The Department shall complete its evaluation of all
audit referrals under this Act within 90 days after receipt of
the referral and shall handle all audit referrals as follows:
(1) the Department shall evaluate the referral to
determine whether it is sufficient to warrant further
action based on the information provided in the referral,
any other information the Department possesses, and audit
selection procedures of the Department;
(2) if the Department determines that the referral is
not actionable, then the Department shall notify the local
government that it has evaluated the referral and has
determined that no action is deemed necessary and provide
the local government with an explanation for that
decision, including, but not limited to, an explanation
that (i) the Department has previously conducted an audit;
(ii) the Department is in the process of conducting an
investigation or other examination of the taxpayer's
records; (iii) the taxpayer has already been referred to
the Department and the Department determined an audit
referral is not actionable; (iv) the Department or a
qualified practitioner has previously conducted an audit
after referral under this Section 10-30; or (v) for just
cause;
(3) if the Department determines that the referral is
actionable, then it shall determine whether the taxpayer

is currently under audit or scheduled for audit by the
Department;
(A) if the taxpayer is not currently under audit
by the Department or scheduled for audit by the
Department, the Department shall determine whether it
will schedule the taxpayer for audit; and
(B) if the taxpayer is not under audit by the
Department and the Department decides under
subparagraph (A) not to schedule the taxpayer for
audit by the Department, then the Department shall
notify the taxpayer that the Department has received
an actionable audit referral on the taxpayer and issue
a notice to the taxpayer as provided under subsection
(d) of this Section.
(d) The notice to the taxpayer required by subparagraph
(B) of paragraph (3) of subsection (c) shall include, but not
be limited to, the following:
(1) that the taxpayer must either: (A) engage a
qualified practitioner, at the taxpayer's expense, to
complete a certified audit, limited in scope to the
taxpayer's Retailers' Occupation Tax, Use Tax, Service
Occupation Tax, or Service Use Tax liability, and the
taxpayer's liability for any local retailers' or service
occupation tax administered by the Department; or (B) be
subject to audit by the Department;
(2) that, as an incentive, for taxpayers who agree to

the limited-scope certified audit, the Department shall
abate penalties as provided in Section 10-20; and
(3) A statement that reads: "[INSERT THE NAME OF THE
ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] has
contracted with [INSERT THIRD PARTY] to review your
Retailers' Occupation Tax, Use Tax, Service Occupation
Tax, Service Use Tax, and any local retailers' or service
occupation taxes reported to the Illinois Department of
Revenue ("Department"). [INSERT THE NAME OF THE ELECTED
CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] and [INSERT
THE THIRD PARTY] have selected and referred your business
to the Department for a certified audit of your Retailers'
Occupation Tax, Use Tax, Service Occupation Tax, Service
Use Tax, and any local retailers' or service occupation
taxes reported to the Department pursuant to the Local
Government Revenue Recapture Act. The purpose of the audit
is to verify that your business reported and submitted the
proper Retailers' Occupation Tax, Use Tax, Service
Occupation Tax, Service Use Tax, and any local retailers'
or service occupation taxes administered by the
Department. The Department is required to disclose your
confidential financial information to [INSERT THE NAME OF
THE ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY]
and [INSERT THE THIRD PARTY]. Additional information can
be accessed from the Department's website and publications
for a basic overview of your rights as a Taxpayer. If you

have questions regarding your business's referral to the
Department for audit, please contact [CORPORATE
AUTHORITY'S] mayor, village president, or any other person
serving as [CORPORATE AUTHORITY'S] chief executive officer
or chief financial officer. [INSERT THIRD PARTY] is
prohibited from discussing this matter with you directly
or indirectly in any manner regardless of who initiates
the contact. If [INSERT THIRD PARTY] contacts you, please
contact the Department.".
(e) Within 90 days after notice by the Department, the
taxpayer must respond by stating in writing whether it will or
will not arrange for the performance of a certified audit
under this Act. If the taxpayer states that it will arrange for
the performance of a certified audit, then it must do so within
60 days after responding to the Department or within 90 days
after notice by the Department, whichever comes first. If the
taxpayer states that it will not arrange for the performance
of a certified audit or if the taxpayer does not arrange for
the performance of a certified audit within 180 days after
notice by the Department, then the Department may schedule the
taxpayer for audit by the Department.
(f) The certified audit must not be a contingent-fee
engagement and must be completed in accordance with this
Article 10.
(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;
revised 8-3-21.)

Section 55. The Illinois Police Training Act is amended by
changing Section 6 as follows:
(50 ILCS 705/6) (from Ch. 85, par. 506)
(Text of Section before amendment by P.A. 101-652)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
police officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the

prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
of the Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may
appoint investigators who shall enforce the duties
conferred upon the Board by this Act.
(Source: P.A. 101-187, eff. 1-1-20.)
(Text of Section after amendment by P.A. 101-652, Article
10, Section 10-143 but before amendment by P.A. 101-652,
Article 25, Section 25-40)

Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
police officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been

convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
of the Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may
appoint investigators who shall enforce the duties
conferred upon the Board by this Act.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for
probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
Section 10-143, eff. 7-1-21.)
(Text of Section after amendment by P.A. 101-652, Article
25, Section 25-40)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify

schools within the State of Illinois for the purpose of
providing basic training for probationary law enforcement
officers, probationary county corrections officers, and court
security officers and of providing advanced or in-service
training for permanent law enforcement officers or permanent
county corrections officers, which schools may be either
publicly or privately owned and operated. In addition, the
Board has the following power and duties:
a. To require local governmental units, to furnish
such reports and information as the Board deems necessary
to fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
law enforcement officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, found guilty of, or entered a plea of guilty
to, or entered a plea of nolo contendere to a felony

offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
28-3, 29-1, any misdemeanor in violation of any Section of
Part E of Title III of the Criminal Code of 1961 or the
Criminal Code of 2012, or subsection (a) of Section 17-32
of the Criminal Code of 1961 or the Criminal Code of 2012,
or Section 5 or 5.2 of the Cannabis Control Act, or a crime
involving moral turpitude under the laws of this State or
any other state which if committed in this State would be
punishable as a felony or a crime of moral turpitude, or
any felony or misdemeanor in violation of federal law or
the law of any state that is the equivalent of any of the
offenses specified therein. The Board may appoint
investigators who shall enforce the duties conferred upon
the Board by this Act.
For purposes of this paragraph e, a person is
considered to have been convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to
regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided
for by law.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for

probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
f. For purposes of this paragraph (e), a person is
considered to have been "convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to"
regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided
for by law.
g. To review and ensure all law enforcement officers
remain in compliance with this Act, and any administrative
rules adopted under this Act.
h. To suspend any certificate for a definite period,
limit or restrict any certificate, or revoke any
certificate.
i. The Board and the Panel shall have power to secure
by its subpoena and bring before it any person or entity in
this State and to take testimony either orally or by
deposition or both with the same fees and mileage and in
the same manner as prescribed by law in judicial
proceedings in civil cases in circuit courts of this
State. The Board and the Panel shall also have the power to
subpoena the production of documents, papers, files,
books, documents, and records, whether in physical or
electronic form, in support of the charges and for

defense, and in connection with a hearing or
investigation.
j. The Executive Director, the administrative law
judge designated by the Executive Director, and each
member of the Board and the Panel shall have the power to
administer oaths to witnesses at any hearing that the
Board is authorized to conduct under this Act and any
other oaths required or authorized to be administered by
the Board under this Act.
k. In case of the neglect or refusal of any person to
obey a subpoena issued by the Board and the Panel, any
circuit court, upon application of the Board and the
Panel, through the Illinois Attorney General, may order
such person to appear before the Board and the Panel give
testimony or produce evidence, and any failure to obey
such order is punishable by the court as a contempt
thereof. This order may be served by personal delivery, by
email, or by mail to the address of record or email address
of record.
l. The Board shall have the power to administer state
certification examinations. Any and all records related to
these examinations, including, but not limited to, test
questions, test formats, digital files, answer responses,
answer keys, and scoring information shall be exempt from
disclosure.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
25-40, eff. 1-1-22; revised 4-26-21.)
Section 60. The Law Enforcement Officer-Worn Body Camera
Act is amended by changing Section 10-20 as follows:
(50 ILCS 706/10-20)
Sec. 10-20. Requirements.
(a) The Board shall develop basic guidelines for the use
of officer-worn body cameras by law enforcement agencies. The
guidelines developed by the Board shall be the basis for the
written policy which must be adopted by each law enforcement
agency which employs the use of officer-worn body cameras. The
written policy adopted by the law enforcement agency must
include, at a minimum, all of the following:
(1) Cameras must be equipped with pre-event recording,
capable of recording at least the 30 seconds prior to
camera activation, unless the officer-worn body camera was
purchased and acquired by the law enforcement agency prior
to July 1, 2015.
(2) Cameras must be capable of recording for a period
of 10 hours or more, unless the officer-worn body camera
was purchased and acquired by the law enforcement agency
prior to July 1, 2015.
(3) Cameras must be turned on at all times when the
officer is in uniform and is responding to calls for

service or engaged in any law enforcement-related
encounter or activity, that occurs while the officer is on
duty.
(A) If exigent circumstances exist which prevent
the camera from being turned on, the camera must be
turned on as soon as practicable.
(B) Officer-worn body cameras may be turned off
when the officer is inside of a patrol car which is
equipped with a functioning in-car camera; however,
the officer must turn on the camera upon exiting the
patrol vehicle for law enforcement-related encounters.
(C) Officer-worn body cameras may be turned off
when the officer is inside a correctional facility or
courthouse which is equipped with a functioning camera
system.
(4) Cameras must be turned off when:
(A) the victim of a crime requests that the camera
be turned off, and unless impractical or impossible,
that request is made on the recording;
(B) a witness of a crime or a community member who
wishes to report a crime requests that the camera be
turned off, and unless impractical or impossible that
request is made on the recording;
(C) the officer is interacting with a confidential
informant used by the law enforcement agency; or
(D) an officer of the Department of Revenue enters

a Department of Revenue facility or conducts an
interview during which return information will be
discussed or visible.
However, an officer may continue to record or resume
recording a victim or a witness, if exigent circumstances
exist, or if the officer has reasonable articulable
suspicion that a victim or witness, or confidential
informant has committed or is in the process of committing
a crime. Under these circumstances, and unless impractical
or impossible, the officer must indicate on the recording
the reason for continuing to record despite the request of
the victim or witness.
(4.5) Cameras may be turned off when the officer is
engaged in community caretaking functions. However, the
camera must be turned on when the officer has reason to
believe that the person on whose behalf the officer is
performing a community caretaking function has committed
or is in the process of committing a crime. If exigent
circumstances exist which prevent the camera from being
turned on, the camera must be turned on as soon as
practicable.
(5) The officer must provide notice of recording to
any person if the person has a reasonable expectation of
privacy and proof of notice must be evident in the
recording. If exigent circumstances exist which prevent
the officer from providing notice, notice must be provided

as soon as practicable.
(6) (A) For the purposes of redaction, labeling, or
duplicating recordings, access to camera recordings shall
be restricted to only those personnel responsible for
those purposes. The recording officer or his or her
supervisor may not redact, label, duplicate or otherwise
alter the recording officer's camera recordings. Except as
otherwise provided in this Section, the recording officer
and his or her supervisor may access and review recordings
prior to completing incident reports or other
documentation, provided that the supervisor discloses that
fact in the report or documentation.
(i) A law enforcement officer shall not have
access to or review his or her body-worn camera
recordings or the body-worn camera recordings of
another officer prior to completing incident reports
or other documentation when the officer:
(a) has been involved in or is a witness to an
officer-involved shooting, use of deadly force
incident, or use of force incidents resulting in
great bodily harm;
(b) is ordered to write a report in response
to or during the investigation of a misconduct
complaint against the officer.
(ii) If the officer subject to subparagraph (i)
prepares a report, any report shall be prepared

without viewing body-worn camera recordings, and
subject to supervisor's approval, officers may file
amendatory reports after viewing body-worn camera
recordings. Supplemental reports under this provision
shall also contain documentation regarding access to
the video footage.
(B) The recording officer's assigned field
training officer may access and review recordings for
training purposes. Any detective or investigator
directly involved in the investigation of a matter may
access and review recordings which pertain to that
investigation but may not have access to delete or
alter such recordings.
(7) Recordings made on officer-worn cameras must be
retained by the law enforcement agency or by the camera
vendor used by the agency, on a recording medium for a
period of 90 days.
(A) Under no circumstances shall any recording,
except for a non-law enforcement related activity or
encounter, made with an officer-worn body camera be
altered, erased, or destroyed prior to the expiration
of the 90-day storage period. In the event any
recording made with an officer-worn body camera is
altered, erased, or destroyed prior to the expiration
of the 90-day storage period, the law enforcement
agency shall maintain, for a period of one year, a

written record including (i) the name of the
individual who made such alteration, erasure, or
destruction, and (ii) the reason for any such
alteration, erasure, or destruction.
(B) Following the 90-day storage period, any and
all recordings made with an officer-worn body camera
must be destroyed, unless any encounter captured on
the recording has been flagged. An encounter is deemed
to be flagged when:
(i) a formal or informal complaint has been
filed;
(ii) the officer discharged his or her firearm
or used force during the encounter;
(iii) death or great bodily harm occurred to
any person in the recording;
(iv) the encounter resulted in a detention or
an arrest, excluding traffic stops which resulted
in only a minor traffic offense or business
offense;
(v) the officer is the subject of an internal
investigation or otherwise being investigated for
possible misconduct;
(vi) the supervisor of the officer,
prosecutor, defendant, or court determines that
the encounter has evidentiary value in a criminal
prosecution; or

(vii) the recording officer requests that the
video be flagged for official purposes related to
his or her official duties.
(C) Under no circumstances shall any recording
made with an officer-worn body camera relating to a
flagged encounter be altered or destroyed prior to 2
years after the recording was flagged. If the flagged
recording was used in a criminal, civil, or
administrative proceeding, the recording shall not be
destroyed except upon a final disposition and order
from the court.
(8) Following the 90-day storage period, recordings
may be retained if a supervisor at the law enforcement
agency designates the recording for training purposes. If
the recording is designated for training purposes, the
recordings may be viewed by officers, in the presence of a
supervisor or training instructor, for the purposes of
instruction, training, or ensuring compliance with agency
policies.
(9) Recordings shall not be used to discipline law
enforcement officers unless:
(A) a formal or informal complaint of misconduct
has been made;
(B) a use of force incident has occurred;
(C) the encounter on the recording could result in
a formal investigation under the Uniform Peace

Officers' Disciplinary Act; or
(D) as corroboration of other evidence of
misconduct.
Nothing in this paragraph (9) shall be construed to
limit or prohibit a law enforcement officer from being
subject to an action that does not amount to discipline.
(10) The law enforcement agency shall ensure proper
care and maintenance of officer-worn body cameras. Upon
becoming aware, officers must as soon as practical
document and notify the appropriate supervisor of any
technical difficulties, failures, or problems with the
officer-worn body camera or associated equipment. Upon
receiving notice, the appropriate supervisor shall make
every reasonable effort to correct and repair any of the
officer-worn body camera equipment.
(11) No officer may hinder or prohibit any person, not
a law enforcement officer, from recording a law
enforcement officer in the performance of his or her
duties in a public place or when the officer has no
reasonable expectation of privacy. The law enforcement
agency's written policy shall indicate the potential
criminal penalties, as well as any departmental
discipline, which may result from unlawful confiscation or
destruction of the recording medium of a person who is not
a law enforcement officer. However, an officer may take
reasonable action to maintain safety and control, secure

crime scenes and accident sites, protect the integrity and
confidentiality of investigations, and protect the public
safety and order.
(b) Recordings made with the use of an officer-worn body
camera are not subject to disclosure under the Freedom of
Information Act, except that:
(1) if the subject of the encounter has a reasonable
expectation of privacy, at the time of the recording, any
recording which is flagged, due to the filing of a
complaint, discharge of a firearm, use of force, arrest or
detention, or resulting death or bodily harm, shall be
disclosed in accordance with the Freedom of Information
Act if:
(A) the subject of the encounter captured on the
recording is a victim or witness; and
(B) the law enforcement agency obtains written
permission of the subject or the subject's legal
representative;
(2) except as provided in paragraph (1) of this
subsection (b), any recording which is flagged due to the
filing of a complaint, discharge of a firearm, use of
force, arrest or detention, or resulting death or bodily
harm shall be disclosed in accordance with the Freedom of
Information Act; and
(3) upon request, the law enforcement agency shall
disclose, in accordance with the Freedom of Information

Act, the recording to the subject of the encounter
captured on the recording or to the subject's attorney, or
the officer or his or her legal representative.
For the purposes of paragraph (1) of this subsection (b),
the subject of the encounter does not have a reasonable
expectation of privacy if the subject was arrested as a result
of the encounter. For purposes of subparagraph (A) of
paragraph (1) of this subsection (b), "witness" does not
include a person who is a victim or who was arrested as a
result of the encounter.
Only recordings or portions of recordings responsive to
the request shall be available for inspection or reproduction.
Any recording disclosed under the Freedom of Information Act
shall be redacted to remove identification of any person that
appears on the recording and is not the officer, a subject of
the encounter, or directly involved in the encounter. Nothing
in this subsection (b) shall require the disclosure of any
recording or portion of any recording which would be exempt
from disclosure under the Freedom of Information Act.
(c) Nothing in this Section shall limit access to a camera
recording for the purposes of complying with Supreme Court
rules or the rules of evidence.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 7-30-21.)
Section 65. The Emergency Telephone System Act is amended

by changing Section 11.5 as follows:
(50 ILCS 750/11.5)
(Section scheduled to be repealed on December 31, 2023)
Sec. 11.5. Aggregator and originating service provider
responsibilities.
(a) Each aggregator, and the originating service providers
whose 9-1-1 calls are being aggregated by the aggregator,
shall comply with their respective requirements in 83 Ill.
Adm. Code Part 725.410.
(b) Beginning July 1, 2021, each aggregator that is
operating within the State must email the Office of the
Statewide 9-1-1 Administrator to provide the following
information that supports the implementation of and the
migration to the Statewide NG9-1-1 system:
(1) A company 9-1-1 contact, address, email, and phone
number.
(2) A list of originating service providers that the
aggregator transports 9-1-1 calls for and then to the
appropriate 9-1-1 system provider. New or current
aggregators must update the required information within 30
days of implementing any changes in information required
by this subsection.
(c) Each aggregator shall establish procedures for
receiving No Record Found errors from the 9-1-1 System
Provider, identifying the originating service provider who

delivered the call to the aggregator, and referring the No
Record Found errors to that originating service provider.
(d) Each originating service provider shall establish
procedures with the 9-1-1 system provider for preventing and
resolving No Record Found errors in the 9-1-1 database and
make every effort to ensure 9-1-1 calls are sent to the
appropriate public safety answering point.
(e) If a 9-1-1 system is being transitioned to NG9-1-1
service or to a new provider, each aggregator shall be
responsible for coordinating any modifications that are needed
to ensure that the originating service provider provides the
required level of service to its customers. Each aggregator
shall coordinate those network changes or additions for those
migrations in a timely manner with the appropriate 9-1-1
system provider who shall be managing its respective
implementation schedule and cut over. Each aggregator shall
send notice to its originating service provider customers of
the aggregator's successful turn up of the network changes or
additions supporting the migration and include the necessary
information for the originating service provider's migration
(such as public safety answering point name, Federal
Communications Commission Identification, and Emergency
Services Routing Number). The notice shall be provided to the
originating service providers within 2 weeks of acceptance
testing and conversion activities between the aggregator and
the 9-1-1 system provider.

(f) The 9-1-1 system provider shall coordinate directly
with the originating service providers (unless the aggregator
separately agrees to coordinate with the originating service
providers) for migration, but in no case shall that migration
exceed 30 days after receipt of notice from the aggregator,
unless agreed to by the originating service provider and 9-1-1
system provider.
(g) Each aggregator shall coordinate test calls with the
9-1-1 system provider and the 9-1-1 Authority when turning up
new circuits or making network changes. Each originating
service provider shall perform testing of its network and
provisioning upon notification from the aggregator that the
network has been tested and accepted with the 9-1-1 system
provider.
(h) Each aggregator and originating service provider
customer shall deliver all 9-1-1 calls, audio, data, and
location to the 9-1-1 system at a location determined by the
State.
(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)
Section 70. The Counties Code is amended by changing
Sections 2-3003 and 2-4006.5 as follows:
(55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
Sec. 2-3003. Apportionment plan.
(1) If the county board determines that members shall be

elected by districts, it shall develop an apportionment plan
and specify the number of districts and the number of county
board members to be elected from each district and whether
voters will have cumulative voting rights in multi-member
districts. Each such district:
a. Shall be substantially equal in population to each
other district;
b. Shall be comprised of contiguous territory, as
nearly compact as practicable; and
c. May divide townships or municipalities only when
necessary to conform to the population requirement of
paragraph a. of this Section; and .
d. Shall be created in such a manner so that no
precinct shall be divided between 2 or more districts,
insofar as is practicable.
(2) The county board of each county having a population of
less than 3,000,000 inhabitants may, if it should so decide,
provide within that county for single-member single member
districts outside the corporate limits and multi-member
districts within the corporate limits of any municipality with
a population in excess of 75,000. Paragraphs a, b, c, and d of
subsection (1) of this Section shall apply to the
apportionment of both single-member single and multi-member
districts within a county to the extent that compliance with
paragraphs a, b, c, and d still permit the establishment of
such districts, except that the population of any multi-member

district shall be equal to the population of any single-member
single member district, times the number of members found
within that multi-member district.
(3) In a county where the Chairman of the County Board is
elected by the voters of the county as provided in Section
2-3007, the Chairman of the County Board may develop and
present to the Board by the third Wednesday in May in the year
after a federal decennial census year an apportionment plan in
accordance with the provisions of subsection (1) of this
Section. If the Chairman presents a plan to the Board by the
third Wednesday in May, the Board shall conduct at least one
public hearing to receive comments and to discuss the
apportionment plan, the hearing shall be held at least 6 days
but not more than 21 days after the Chairman's plan was
presented to the Board, and the public shall be given notice of
the hearing at least 6 days in advance. If the Chairman
presents a plan by the third Wednesday in May, the Board is
prohibited from enacting an apportionment plan until after a
hearing on the plan presented by the Chairman. The Chairman
shall have access to the federal decennial census available to
the Board.
(4) In a county where a County Executive is elected by the
voters of the county as provided in Section 2-5007 of this the
Counties Code, the County Executive may develop and present to
the Board by the third Wednesday in May in the year after a
federal decennial census year an apportionment plan in

accordance with the provisions of subsection (1) of this
Section. If the Executive presents a plan to the Board by the
third Wednesday in May, the Board shall conduct at least one
public hearing to receive comments and to discuss the
apportionment plan, the hearing shall be held at least 6 days
but not more than 21 days after the Executive's plan was
presented to the Board, and the public shall be given notice of
the hearing at least 6 days in advance. If the Executive
presents a plan by the third Wednesday in May, the Board is
prohibited from enacting an apportionment plan until after a
hearing on the plan presented by the Executive. The Executive
shall have access to the federal decennial census available to
the Board.
(5) For the reapportionment of 2021, the Chairman of the
County Board or County Executive may develop and present (or
redevelop and represent) to the Board by the third Wednesday
in November in the year after a federal decennial census year
an apportionment plan and the Board shall conduct its public
hearing as provided in paragraphs (3) and (4) following
receipt of the apportionment plan.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
(55 ILCS 5/2-4006.5)
Sec. 2-4006.5. Commissioners in certain counties.
(a) If a county elects 3 commissioners at large under
Section 2-4006, registered voters of such county may, by a

vote of a majority of those voting on such proposition,
determine to change the method of electing the board of county
commissioners by electing either 3 or 5 members from
single-member single member districts. In order for such
question to be placed upon the ballot, such petition must
contain the signatures of not fewer than 10% of the registered
voters of such county.
Commissioners may not be elected from single-member single
member districts until the question of electing either 3 or 5
commissioners from single-member single member districts has
been submitted to the electors of the county at a regular
election and approved by a majority of the electors voting on
the question. The commissioners must certify the question to
the proper election authority, which must submit the question
at an election in accordance with the Election Code.
The question must be in substantially the following form:
Shall the board of county commissioners of (name of
county) consist of (insert either 3 or 5) commissioners
elected from single-member single member districts?
The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, a 3-member or 5-member board of county
commissioners, as the case may be, shall be established to be
elected from single-member single member districts.
(b) If the voters of the county decide to elect either 3 or
5 commissioners from single-member single member districts,

the board of county commissioners shall on or before August 31
of the year following the 2000 federal decennial census divide
the county into either 3 or 5 compact and contiguous county
commission districts that are substantially equal in
population. On or before May 31 of the year following each
federal decennial census thereafter, the board of county
commissioners shall reapportion the county commission
districts to be compact, contiguous, and substantially equal
in population.
(c) The commissioners elected at large at or before the
general election in 2000 shall continue to serve until the
expiration of their terms. Of those commissioners, the
commissioner whose term expires in 2002 shall be assigned to
district 1; the commissioner whose term expires in 2004 shall
be assigned to district 2; and the commissioner whose term
expires in 2006 shall be assigned to district 3.
(d) If the voters of the county decide to elect 5
commissioners from single-member single member districts, at
the general election in 2002, one commissioner from and
residing in each of districts 1, 4, and 5 shall be elected. At
the general election in 2004, one commissioner from and
residing in each of districts 1, 2, and 5 shall be elected. At
the general election in 2006, one commissioner from and
residing in each of districts 2, 3, and 4 shall be elected. At
the general election in 2008, one commissioner from and
residing in each of districts 1, 3, and 5 shall be elected. At

the general election in 2010, one commissioner from each of
districts 2 and 4 shall be elected. At the general election in
2012, commissioners from and residing in each district shall
be elected. Thereafter, commissioners shall be elected at each
general election to fill expired terms. Each commissioner must
reside in the district that he or she represents from the time
that he or she files his or her nomination papers until his or
her term expires.
In the year following the decennial census of 2010 and
every 10 years thereafter, the commissioners, publicly by lot,
shall divide the districts into 2 groups. One group shall
serve terms of 4 years, 4 years, and 2 years and one group
shall serve terms of 2 years, 4 years, and 4 years.
(Source: P.A. 91-846, eff. 6-22-00; 92-189, eff. 8-1-01;
revised 7-15-21.)
Section 75. The Illinois Municipal Code is amended by
changing Sections 5-2-2, 5-2-18.1, 11-5.1-2, and 11-13-14 as
follows:
(65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
the number of alderpersons, when not elected by the minority
representation plan, shall be as follows: In cities not
exceeding 3,000 inhabitants, 6 alderpersons; exceeding 3,000,
but not exceeding 15,000, 8 alderpersons; exceeding 15,000 but

not exceeding 20,000, 10 alderpersons; exceeding 20,000 but
not exceeding 30,000, 14 alderpersons; and 2 additional
alderpersons for every 20,000 inhabitants over 30,000. In all
cities of less than 500,000, 20 alderpersons shall be the
maximum number permitted except as otherwise provided in the
case of alderpersons-at-large. No redistricting shall be
required in order to reduce the number of alderpersons
heretofore provided for. Two alderpersons shall be elected to
represent each ward.
If it appears from any census specified in Section 5-2-5
and taken not earlier than 1940 that any city has the requisite
number of inhabitants to authorize it to increase the number
of alderpersons, the city council shall immediately proceed to
redistrict the city in accordance with the provisions of
Section 5-2-5, and it shall hold the next city election in
accordance with the new redistricting. At this election the
alderpersons whose terms of office are not expiring shall be
considered alderpersons for the new wards respectively in
which their residences are situated. At this election a
candidate for alderperson may be elected from any ward that
contains a part of the ward in which he or she resided at least
one year next preceding the election that follows the
redistricting, and, if elected, that person may be reelected
from the new ward he or she represents if he or she resides in
that ward for at least one year next preceding reelection. If
there are 2 or more alderpersons with terms of office not

expiring and residing in the same ward under the new
redistricting, the alderperson who holds over for that ward
shall be determined by lot in the presence of the city council,
in whatever manner the council shall direct and all other
alderpersons shall fill their unexpired terms as
alderpersons-at-large. The alderpersons-at-large, if any,
shall have the same power and duties as all other alderpersons
but upon expiration of their terms the offices of
alderpersons-at-large shall be abolished.
If the redistricting re-districting results in one or more
wards in which no alderpersons reside whose terms of office
have not expired, 2 alderpersons shall be elected in
accordance with the provisions of Section 5-2-8.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
(65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)
Sec. 5-2-18.1. In any city or village which has adopted
this Article and also has elected to choose alderpersons from
wards or trustees from districts, as the case may be, a
proposition to elect the city council at large shall be
submitted to the electors in the manner herein provided.
Electors of such city or village, equal to not less than
10% of the total vote cast for all candidates for mayor or
president in the last preceding municipal election for such
office, may petition for the submission to a vote of the
electors of that city or village the proposition whether the

city council shall be elected at large. The petition shall be
in the same form as prescribed in Section 5-1-6, except that
said petition shall be modified as to the wording of the
proposition to be voted upon to conform to the wording of the
proposition as hereinafter set forth, and shall be filed with
the city clerk in accordance with the general election law.
The clerk shall certify the proposition to the proper election
authorities who shall submit the proposition at an election in
accordance with the general election law.
However, such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall the city (or village) of
.... elect the city council at YES
large instead of alderpersons ------------------------
(or trustees) from wards (or NO
districts)?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then the city council shall be elected at large at the
next general municipal election and the provisions of Section
5-2-12 shall be applicable. Upon the election and
qualification of such councilmen council men or trustees, the
terms of all sitting alderpersons shall expire.

(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
(65 ILCS 5/11-5.1-2)
Sec. 11-5.1-2. Military equipment surplus program.
(a) For purposes of this Section:
"Bayonet" means large knives designed to be attached to
the muzzle of a rifle, shotgun, or long gun for the purposes of
hand-to-hand combat.
"Grenade launcher" means a firearm or firearm accessory
used to launch fragmentary explosive rounds designed to
inflict death or cause great bodily harm.
"Military equipment surplus program" means any federal or
state program allowing a law enforcement agency to obtain
surplus military equipment, including, but not limited limit
to, any program organized under Section 1122 of the National
Defense Authorization Act for Fiscal Year 1994 (Pub. L.
103-160) or Section 1033 of the National Defense Authorization
Act for Fiscal Year 1997 (Pub. L. 104-201) or any program
established by the United States Department of Defense under
10 U.S.C. 2576a.
"Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system instead of wheels for forward motion not including
vehicles listed in the Authorized Equipment List as published
by the Federal Emergency Management Agency.
"Weaponized aircraft, vessels, or vehicles" means any

aircraft, vessel, or vehicle with weapons installed.
(b) A police department shall not request or receive from
any military equipment surplus program nor purchase or
otherwise utilize the following equipment:
(1) tracked armored vehicles;
(2) weaponized aircraft, vessels, or vehicles;
(3) firearms of .50-caliber or higher;
(4) ammunition of .50-caliber or higher;
(5) grenade launchers, grenades, or similar
explosives; or
(6) bayonets.
(c) A home rule municipality may not regulate the
acquisition of equipment in a manner inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule municipalities of powers and
functions exercised by the State.
(d) If a police department requests other property not
prohibited from a military equipment surplus program, the
police department shall publish notice of the request on a
publicly accessible website maintained by the police
department or the municipality within 14 days after the
request.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 7-30-21.)

(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
Sec. 11-13-14. The regulations imposed and the districts
created under the authority of this Division 13 may be amended
from time to time by ordinance after the ordinance
establishing them has gone into effect, but no such amendments
shall be made without a hearing before some commission or
committee designated by the corporate authorities. Notice
shall be given of the time and place of the hearing, not more
than 30 nor less than 15 days before the hearing, by publishing
a notice thereof at least once in one or more newspapers
published in the municipality, or, if no newspaper is
published therein, then in one or more newspapers with a
general circulation within the municipality. In municipalities
with less than 500 population in which no newspaper is
published, publication may be made instead by posting a notice
in 3 prominent places within the municipality. In case of a
written protest against any proposed amendment of the
regulations or districts, signed and acknowledged by the
owners of 20% of the frontage proposed to be altered, or by the
owners of 20% of the frontage immediately adjoining or across
an alley therefrom, or by the owners of the 20% of the frontage
directly opposite the frontage proposed to be altered, is
filed with the clerk of the municipality, the amendment shall
not be passed except by a favorable vote of two-thirds of the
alderpersons or trustees of the municipality then holding
office. In such cases, a copy of the written protest shall be

served by the protestor or protestors on the applicant for the
proposed amendments and a copy upon the applicant's attorney,
if any, by certified mail at the address of such applicant and
attorney shown in the application for the proposed amendment.
Any notice required by this Section need not include a metes
and bounds legal description, provided that the notice
includes: (i) the common street address or addresses and (ii)
the property index number ("PIN") or numbers of all the
parcels of real property contained in the affected area.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
Section 80. The Revised Cities and Villages Act of 1941 is
amended by changing Section 21-25 as follows:
(65 ILCS 20/21-25) (from Ch. 24, par. 21-25)
Sec. 21-25. Times for elections.) General elections for
alderpersons shall be held in the year or years fixed by law
for holding the same, on the last Tuesday of February of such
year. Any supplementary election for alderpersons held under
the provisions of this Article shall be held on the first
Tuesday of April next following the holding of such general
election of alderpersons.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
Section 85. The Metropolitan Pier and Exposition Authority
Act is amended by changing Section 5.6 as follows:

(70 ILCS 210/5.6)
Sec. 5.6. Marketing agreement.
(a) The Authority shall enter into a marketing agreement
with a not-for-profit organization headquartered in Chicago
and recognized by the Department of Commerce and Economic
Opportunity as a certified local tourism and convention bureau
entitled to receive State tourism grant funds, provided the
bylaws of the organization establish a board of the
organization that is comprised of 35 members serving 3-year
staggered terms, including the following:
(1) no less than 8 members appointed by the Mayor of
Chicago, to include:
(A) a Chair of the board of the organization
appointed by the Mayor of the City of Chicago from
among the business and civic leaders of Chicago who
are not engaged in the hospitality business or who
have not served as a member of the Board or as chief
executive officer of the Authority; and
(B) 7 members from among the cultural, economic
development, or civic leaders of Chicago;
(2) the chairperson of the interim board or Board of
the Authority, or his or her designee;
(3) a representative from the department in the City
of Chicago that is responsible for the operation of
Chicago-area airports;

(4) a representative from the department in the City
of Chicago that is responsible for the regulation of
Chicago-area livery vehicles;
(5) at least 1, but no more than:
(A) 2 members from the hotel industry;
(B) 2 members representing Chicago arts and
cultural institutions or projects;
(C) 2 members from the restaurant industry;
(D) 2 members employed by or representing an
entity responsible for a trade show;
(E) 2 members representing unions;
(F) 2 members from the attractions industry; and
(6) 7 members appointed by the Governor, including the
Director of the Illinois Department of Commerce and
Economic Opportunity, ex officio, as well as 3 members
from the hotel industry and 3 members representing Chicago
arts and cultural institutions or projects.
The bylaws of the organization may provide for the
appointment of a City of Chicago alderperson as an ex officio
member, and may provide for other ex officio members who shall
serve terms of one year.
Persons with a real or apparent conflict of interest shall
not be appointed to the board. Members of the board of the
organization shall not serve more than 2 terms. The bylaws
shall require the following: (i) that the Chair of the
organization name no less than 5 and no more than 9 members to

the Executive Committee of the organization, one of whom must
be the chairperson of the interim board or Board of the
Authority, and (ii) a provision concerning conflict of
interest and a requirement that a member abstain from
participating in board action if there is a threat to the
independence of judgment created by any conflict of interest
or if participation is likely to have a negative effect on
public confidence in the integrity of the board.
(b) The Authority shall notify the Department of Revenue
within 10 days after entering into a contract pursuant to this
Section.
(Source: P.A. 102-15, eff. 6-17-21; 102-16, eff. 6-17-21;
revised 7-17-21.)
Section 90. The School Code is amended by changing Section
1-3 as follows:
(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
Sec. 1-3. Definitions. In this Code:
The terms "common schools", "free schools" and "public
schools" are used interchangeably to apply to any school
operated by authority of this Act.
"School board" means the governing body of any district
created or operating under authority of this Code Act,
including board of school directors and board of education.
When the context so indicates it also means the governing body

of any non-high school district and of any special charter
district, including a board of school inspectors.
"Special charter district" means any city, township, or
district organized into a school district, under a special Act
or charter of the General Assembly or in which schools are now
managed and operating within such unit in whole or in part
under the terms of such special Act or charter.
(Source: Laws 1961, p. 31; revised 7-16-21.)
Section 95. The Student-Athlete Endorsement Rights Act is
amended by changing Section 20 as follows:
(110 ILCS 190/20)
Sec. 20. Agents; publicity rights; third party licensees.
(a) An agent, legal representative, or other professional
service provider offering services to a student-athlete shall,
to the extent required, comply with the federal Sports Agent
Responsibility and Trust Act and any other applicable laws,
rules, or regulations.
(b) A grant-in-aid, including cost of attendance, and
other permissible financial aid, awards, or benefits from the
postsecondary educational institution in which a
student-athlete is enrolled shall not be revoked, reduced, nor
the terms and conditions altered, as a result of a
student-athlete earning compensation or obtaining professional
or legal representation pursuant to this Act.

(c) A student-athlete shall disclose to the postsecondary
educational institution in which the student is enrolled, in a
manner and time prescribed by the institution, the existence
and substance of all publicity rights agreements. Publicity
rights agreements that contemplate cash or other compensation
to the student-athlete that is equal to or in excess of a value
of $500 shall be formalized in a written contract, and the
contract shall be provided to the postsecondary educational
institution in which the student is enrolled prior to the
execution of the agreement and before any compensation is
provided to the student-athlete.
(d) A student-athlete may not enter into a publicity
rights agreement or otherwise receive compensation for that
student-athlete's name, image, likeness, or voice for services
rendered or performed while that student-athlete is
participating in activities sanctioned by that
student-athlete's postsecondary educational institution if
such services or performance by the student-athlete would
conflict with a provision in a contract, rule, regulation,
standard, or other requirement of the postsecondary
educational institution.
(e) No booster, third party licensee, or any other
individual or entity, shall provide or directly or indirectly
arrange for a third party to provide compensation to a
prospective or current student-athlete or enter into, or
directly or indirectly arrange for a third party to enter

into, a publicity rights agreement as an inducement for the
student-athlete to attend or enroll in a specific institution
or group of institutions. Compensation for a student-athlete's
name, image, likeness, or voice shall not be conditioned on
athletic performance or attendance at a particular
postsecondary educational institution.
(f) A postsecondary educational institution may fund an
independent, third-party administrator to support education,
monitoring, disclosures, and reporting concerning name, image,
likeness, or voice activities by student-athletes authorized
pursuant to this Act. A third-party administrator cannot be a
registered athlete agent.
(g) No postsecondary educational institution shall provide
or directly or indirectly arrange for a third party
third-party to provide compensation to a prospective or
current student-athlete or enter into, or directly or
indirectly arrange for a third party to enter into, a
publicity rights agreement with a prospective or current
student-athlete.
(h) No student-athlete shall enter into a publicity rights
agreement or receive compensation from a third party licensee
relating to the name, image, likeness, or voice of the
student-athlete before the date on which the student-athlete
enrolls at a postsecondary educational institution.
(i) No student-athlete shall enter into a publicity rights
agreement or receive compensation from a third party licensee

for the endorsement or promotion of gambling, sports betting,
controlled substances, cannabis, a tobacco or alcohol company,
brand, or products, alternative or electronic nicotine product
or delivery system, performance-enhancing supplements, adult
entertainment, or any other product or service that is
reasonably considered to be inconsistent with the values or
mission of a postsecondary educational institution or that
negatively impacts or reflects adversely on a postsecondary
educational institution or its athletic programs, including,
but not limited to, bringing about public disrepute,
embarrassment, scandal, ridicule, or otherwise negatively
impacting the reputation or the moral or ethical standards of
the postsecondary educational institution.
(Source: P.A. 102-42, eff. 7-1-21; revised 8-3-21.)
Section 100. The Illinois Educational Labor Relations Act
is amended by changing Section 11.1 as follows:
(115 ILCS 5/11.1)
Sec. 11.1. Dues collection.
(a) Employers shall make payroll deductions of employee
organization dues, initiation fees, assessments, and other
payments for an employee organization that is the exclusive
representative. Such deductions shall be made in accordance
with the terms of an employee's written authorization and
shall be paid to the exclusive representative. Written

authorization may be evidenced by electronic communications,
and such writing or communication may be evidenced by the
electronic signature of the employee as provided under the
Uniform Electronic Transactions Act.
There is no impediment to an employee's right to resign
union membership at any time. However, notwithstanding any
other provision of law to the contrary regarding authorization
and deduction of dues or other payments to a labor
organization, the exclusive representative and an educational
employee may agree to reasonable limits on the right of the
employee to revoke such authorization, including a period of
irrevocability that exceeds one year. An authorization that is
irrevocable for one year, which may be automatically renewed
for successive annual periods in accordance with the terms of
the authorization, and that contains at least an annual 10-day
period of time during which the educational employee may
revoke the authorization, shall be deemed reasonable. This
Section shall apply to all claims that allege that an
educational employer or employee organization has improperly
deducted or collected dues from an employee without regard to
whether the claims or the facts upon which they are based
occurred before, on, or after December 20, 2019 (the effective
date of Public Act 101-620) this amendatory Act of the 101st
General Assembly and shall apply retroactively to the maximum
extent permitted by law.
(b) Upon receiving written notice of the authorization,

the educational employer must commence dues deductions as soon
as practicable, but in no case later than 30 days after
receiving notice from the employee organization. Employee
deductions shall be transmitted to the employee organization
no later than 10 days after they are deducted unless a shorter
period is mutually agreed to.
(c) Deductions shall remain in effect until:
(1) the educational employer receives notice that an
educational employee has revoked his or her authorization
in writing in accordance with the terms of the
authorization; or
(2) the individual educational employee is no longer
employed by the educational employer in a bargaining unit
position represented by the same exclusive representative;
provided that if such employee is, within a period of one
year, employed by the same educational employer in a
position represented by the same employee organization,
the right to dues deduction shall be automatically
reinstated.
Nothing in this subsection prevents an employee from
continuing to authorize payroll deductions when no longer
represented by the exclusive representative that would receive
those deductions.
Should the individual educational employee who has signed
a dues deduction authorization card either be removed from an
educational employer's payroll or otherwise placed on any type

of involuntary or voluntary leave of absence, whether paid or
unpaid, the employee's dues deduction shall be continued upon
that employee's return to the payroll in a bargaining unit
position represented by the same exclusive representative or
restoration to active duty from such a leave of absence.
(d) Unless otherwise mutually agreed by the educational
employer and the exclusive representative, employee requests
to authorize, revoke, cancel, or change authorizations for
payroll deductions for employee organizations shall be
directed to the employee organization rather than to the
educational employer. The employee organization shall be
responsible for initially processing and notifying the
educational employer of proper requests or providing proper
requests to the employer. If the requests are not provided to
the educational employer, the employer shall rely on
information provided by the employee organization regarding
whether deductions for an employee organization were properly
authorized, revoked, canceled, or changed, and the employee
organization shall indemnify the educational employer for any
damages and reasonable costs incurred for any claims made by
educational employees for deductions made in good faith
reliance on that information.
(e) Upon receipt by the exclusive representative of an
appropriate written authorization from an individual
educational employee, written notice of authorization shall be
provided to the educational employer and any authorized

deductions shall be made in accordance with law. The employee
organization shall indemnify the educational employer for any
damages and reasonable costs incurred for any claims made by
an educational employee for deductions made in good faith
reliance on its notification.
(f) The failure of an educational employer to comply with
the provisions of this Section shall be a violation of the duty
to bargain and an unfair labor practice. Relief for the
violation shall be reimbursement by the educational employer
of dues that should have been deducted or paid based on a valid
authorization given by the educational employee or employees.
In addition, the provisions of a collective bargaining
agreement that contain the obligations set forth in this
Section may be enforced in accordance with Section 10.
(g) The Illinois Educational Labor Relations Board shall
have exclusive jurisdiction over claims under Illinois law
that allege an educational employer or employee organization
has unlawfully deducted or collected dues from an educational
employee in violation of this Act. The Board shall by rule
require that in cases in which an educational employee alleges
that an employee organization has unlawfully collected dues,
the educational employer shall continue to deduct the
employee's dues from the employee's pay, but shall transmit
the dues to the Board for deposit in an escrow account
maintained by the Board. If the exclusive representative
maintains an escrow account for the purpose of holding dues to

which an employee has objected, the employer shall transmit
the entire amount of dues to the exclusive representative, and
the exclusive representative shall hold in escrow the dues
that the employer would otherwise have been required to
transmit to the Board for escrow; provided that the escrow
account maintained by the exclusive representative complies
with rules adopted by the Board or that the collective
bargaining agreement requiring the payment of the dues
contains an indemnification provision for the purpose of
indemnifying the employer with respect to the employer's
transmission of dues to the exclusive representative.
(h) If a collective bargaining agreement that includes a
dues deduction clause expires or continues in effect beyond
its scheduled expiration date pending the negotiation of a
successor agreement, then the employer shall continue to honor
and abide by the dues deduction clause until a new agreement
that includes a dues deduction clause is reached. Failure to
honor and abide by the dues deduction clause for the benefit of
any exclusive representative as set forth in this subsection
(h) shall be a violation of the duty to bargain and an unfair
labor practice. For the benefit of any successor exclusive
representative certified under this Act, this provision shall
be applicable, provided the successor exclusive representative
presents the employer with employee written authorizations or
certifications from the exclusive representative for the
deduction of dues, assessments, and fees under this subsection

(h).
(i)(1) If any clause, sentence, paragraph, or subdivision
of this Section shall be adjudged by a court of competent
jurisdiction to be unconstitutional or otherwise invalid, that
judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or subdivision of this Section directly
involved in the controversy in which such judgment shall have
been rendered.
(2) If any clause, sentence, paragraph, or part of a
signed authorization for payroll deductions shall be adjudged
by a court of competent jurisdiction to be unconstitutional or
otherwise invalid, that judgment shall not affect, impair, or
invalidate the remainder of the signed authorization, but
shall be confined in its operation to the clause, sentence,
paragraph, or part of the signed authorization directly
involved in the controversy in which such judgment shall have
been rendered.
(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21;
revised 8-3-21.)
Section 105. The Savings Bank Act is amended by changing
Section 6001 as follows:
(205 ILCS 205/6001) (from Ch. 17, par. 7306-1)
Sec. 6001. General provisions.

(a) No savings bank shall make any loan or investment
authorized by this Article unless the savings bank first has
determined that the type, amount, purpose, and repayment
provisions of the loan or investment in relation to the
borrower's or issuer's resources and credit standing support
the reasonable belief that the loan or investment will be
financially sound and will be repaid according to its terms
and that the loan or investment is not otherwise unlawful.
(b) Each loan or investment that a savings bank makes or
purchases, whether wholly or in part, must be adequately
underwritten, reviewed periodically, and reserved against as
necessary in accordance with its payment performance, all in
accordance with the regulations and directives of the
Commissioner.
(c) Every appraisal or reappraisal of property that a
savings bank is required to make shall be made as follows:
(1) By an independent qualified appraiser, designated
by the board of directors, who is properly licensed or
certified by the entity authorized to govern his licensure
or certification and who meets the requirements of the
Appraisal Subcommittee and of the Federal Act.
(2) In the case of an insured or guaranteed loan, by
any appraiser appointed by any lending, insuring, or
guaranteeing agency of the United States or the State of
Illinois that insures or guarantees the loan, wholly or in
part.

(3) Each appraisal shall be in writing prepared at the
request of the lender for the lender's use; disclose the
market value of the security offered; contain sufficient
information and data concerning the appraised property to
substantiate the market value thereof; be certified and
signed by the appraiser or appraisers; and state that the
appraiser or appraisers have personally examined the
described property. The appraisal shall be filed and
preserved by the savings bank. In addition, the appraisal
shall be prepared and reported in accordance with the
Standards of Professional Practice and the ethical rules
of the Appraisal Foundation as adopted and promulgated by
the Appraisal Subcommittee.
(d) If appraisals of real estate securing a savings bank's
loans are obtained as part of an examination by the
Commissioner, the cost of those appraisals shall promptly be
paid by the savings bank directly to the appraiser or
appraisers.
(e) Any violation of this Article shall constitute an
unsafe or unsound practice. Any person who knowingly violates
any provision of this Article shall be subject to enforcement
action or civil money penalties as provided for in this Act.
(f) For purposes of this Article, "underwriting" shall
mean the process of compiling information to support a
determination as to whether an investment or extension of
credit shall be made by a savings bank. It shall include, but

not be limited to, evaluating a borrower's creditworthiness,
determination of the value of the underlying collateral,
market factors, and the appropriateness of the investment or
loan for the savings bank. Underwriting as used herein does
not include the agreement to purchase unsold portions of
public offerings of stocks or bonds as commonly used in
corporate securities issuances and sales.
(g) For purposes of this Section, the following
definitions shall apply:
(1) "Federal Act" means Title XI of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
and regulations adopted pursuant thereto.
(2) "Appraisal Subcommittee" means the designee of the
heads of the Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et seq.).
(3) "Appraisal Foundation" means the Appraisal
Foundation that was incorporated as an Illinois
not-for-profit corporation on November 30, 1987.
(Source: P.A. 90-665, eff. 7-30-98; revised 7-30-21.)
Section 110. The Illinois Credit Union Act is amended by
changing Section 20 as follows:
(205 ILCS 305/20) (from Ch. 17, par. 4421)
Sec. 20. Election or appointment of officials.
(1) The credit union shall be directed by a board of

directors consisting of no less than 7 in number, to be elected
at the annual meeting by and from the members. Directors shall
hold office until the next annual meeting, unless their terms
are staggered. Upon amendment of its bylaws, a credit union
may divide the directors into 2 or 3 classes with each class as
nearly equal in number as possible. The term of office of the
directors of the first class shall expire at the first annual
meeting after their election, that of the second class shall
expire at the second annual meeting after their election, and
that of the third class, if any, shall expire at the third
annual meeting after their election. At each annual meeting
after the classification, the number of directors equal to the
number of directors whose terms expire at the time of the
meeting shall be elected to hold office until the second
succeeding annual meeting if there are 2 classes or until the
third succeeding annual meeting if there are 3 classes. A
director shall hold office for the term for which he or she is
elected and until his or her successor is elected and
qualified.
(1.5) Except as provided in subsection (1.10), in all
elections for directors, every member has the right to vote,
in person, by proxy, or by secure electronic record if
approved by the board of directors, the number of shares owned
by him, or in the case of a member other than a natural person,
the member's one vote, for as many persons as there are
directors to be elected, or to cumulate such shares, and give

one candidate as many votes as the number of directors
multiplied by the number of his shares equals, or to
distribute them on the same principle among as many candidates
as he may desire and the directors shall not be elected in any
other manner. Shares held in a joint account owned by more than
one member may be voted by any one of the members, however, the
number of cumulative votes cast may not exceed a total equal to
the number of shares multiplied by the number of directors to
be elected. A majority of the shares entitled to vote shall be
represented either in person or by proxy for the election of
directors. Each director shall wholly take and subscribe to an
oath that he will diligently and honestly perform his duties
in administering the affairs of the credit union, that while
he may delegate to another the performance of those
administrative duties he is not thereby relieved from his
responsibility for their performance, that he will not
knowingly violate or permit to be violated any law applicable
to the credit union, and that he is the owner of at least one
share of the credit union.
(1.10) Upon amendment of a credit union's bylaws approved
by the members, in all elections for directors, every member
who is a natural person shall have the right to cast one vote,
regardless of the number of his or her shares, in person, by
proxy, or by secure electronic record if approved by the board
of directors, for as many persons as there are directors to be
elected.

(1.15) If the board of directors has adopted a policy
addressing age eligibility standards on voting, holding
office, or petitioning the board, then a credit union may
require (i) that members be at least 18 years of age by the
date of the meeting in order to vote at meetings of the
members, sign nominating petitions, or sign petitions
requesting special meetings, and (ii) that members be at least
18 years of age by the date of election or appointment in order
to hold elective or appointive office.
(2) The board of directors shall appoint from among the
members of the credit union, a supervisory committee of not
less than 3 members at the organization meeting and within 30
days following each annual meeting of the members for such
terms as the bylaws provide. Members of the supervisory
committee may, but need not be, on the board of directors, but
shall not be officers of the credit union, members of the
credit committee, or the credit manager if no credit committee
has been appointed.
(3) The board of directors may appoint, from among the
members of the credit union, a credit committee consisting of
an odd number, not less than 3 for such terms as the bylaws
provide. Members of the credit committee may, but need not be,
directors or officers of the credit union, but shall not be
members of the supervisory committee.
(4) The board of directors may appoint from among the
members of the credit union a membership committee of one or

more persons. If appointed, the committee shall act upon all
applications for membership and submit a report of its actions
to the board of directors at the next regular meeting for
review. If no membership committee is appointed, credit union
management shall act upon all applications for membership and
submit a report of its actions to the board of directors at the
next regular meeting for review.
(5) As used in this Section, "electronic" and "electronic
record" have the meanings ascribed to those terms in the
Uniform Electronic Transactions Act. As used in this Section,
"secured electronic record" means an electronic record that
meets the criteria set forth in the Uniform Electronic
Transactions Act.
(Source: P.A. 102-38, eff. 6-25-21; revised 8-3-21.)
Section 115. The Illinois Community Reinvestment Act is
amended by changing Section 35-1 as follows:
(205 ILCS 735/35-1)
Sec. 35-1. Short title. This Article Act may be cited as
the Illinois Community Reinvestment Act. References in this
Article to "this Act" mean this Article.
(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)
Section 120. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Section 5-112 as follows:

(210 ILCS 49/5-112)
Sec. 5-112. Bed reduction payments. The Department of
Healthcare and Family Services shall make payments to
facilities licensed under this Act for the purpose of reducing
bed capacity and room occupancy. Facilities desiring to
participate in these payments shall submit a proposal to the
Department for review. In the proposal the facility shall
detail the number of beds that are seeking to eliminate and the
price they are requesting to eliminate those beds. The
facility shall also detail in their proposal if the affected
effected beds would reduce room occupancy from 3 or 4 beds to
double occupancy or if is the bed elimination would create
single occupancy. Priority will be given to proposals that
eliminate the use of three-person or four-person occupancy
rooms. Proposals shall be collected by the Department within a
specific time period and the Department will negotiate all
payments before making final awards to ensure that the funding
appropriated is sufficient to fund the awards. Payments shall
not be less than $25,000 per bed and proposals to eliminate
beds that lead to single occupancy rooms shall receive an
additional $10,000 per bed over and above any other negotiated
bed elimination payment. Before a facility can receive payment
under this Section, the facility must receive approval from
the Department of Public Health for the permanent removal of
the beds for which they are receiving payment. Payment for the

elimination of the beds shall be made within 15 days of the
facility notifying the Department of Public Health about the
bed license elimination. Under no circumstances shall a
facility be allowed to increase the capacity of a facility
once payment has been received for the elimination of beds.
(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)
Section 125. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.116, 3.117, and 3.117.5
as follows:
(210 ILCS 50/3.116)
Sec. 3.116. Hospital Stroke Care; definitions. As used in
Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this
Act:
"Acute Stroke-Ready Hospital" means a hospital that has
been designated by the Department as meeting the criteria for
providing emergent stroke care. Designation may be provided
after a hospital has been certified or through application and
designation as such.
"Certification" or "certified" means certification, using
evidence-based standards, from a nationally recognized
nationally-recognized certifying body approved by the
Department.
"Comprehensive Stroke Center" means a hospital that has
been certified and has been designated as such.

"Designation" or "designated" means the Department's
recognition of a hospital as a Comprehensive Stroke Center,
Primary Stroke Center, or Acute Stroke-Ready Hospital.
"Emergent stroke care" is emergency medical care that
includes diagnosis and emergency medical treatment of acute
stroke patients.
"Emergent Stroke Ready Hospital" means a hospital that has
been designated by the Department as meeting the criteria for
providing emergent stroke care.
"Primary Stroke Center" means a hospital that has been
certified by a Department-approved, nationally recognized
nationally-recognized certifying body and designated as such
by the Department.
"Regional Stroke Advisory Subcommittee" means a
subcommittee formed within each Regional EMS Advisory
Committee to advise the Director and the Region's EMS Medical
Directors Committee on the triage, treatment, and transport of
possible acute stroke patients and to select the Region's
representative to the State Stroke Advisory Subcommittee. At
minimum, the Regional Stroke Advisory Subcommittee shall
consist of: one representative from the EMS Medical Directors
Committee; one EMS coordinator from a Resource Hospital; one
administrative representative or his or her designee from each
level of stroke care, including Comprehensive Stroke Centers
within the Region, if any, Primary Stroke Centers within the
Region, if any, and Acute Stroke-Ready Hospitals within the

Region, if any; one physician from each level of stroke care,
including one physician who is a neurologist or who provides
advanced stroke care at a Comprehensive Stroke Center in the
Region, if any, one physician who is a neurologist or who
provides acute stroke care at a Primary Stroke Center in the
Region, if any, and one physician who provides acute stroke
care at an Acute Stroke-Ready Hospital in the Region, if any;
one nurse practicing in each level of stroke care, including
one nurse from a Comprehensive Stroke Center in the Region, if
any, one nurse from a Primary Stroke Center in the Region, if
any, and one nurse from an Acute Stroke-Ready Hospital in the
Region, if any; one representative from both a public and a
private vehicle service provider that transports possible
acute stroke patients within the Region; the State-designated
regional EMS Coordinator; and a fire chief or his or her
designee from the EMS Region, if the Region serves a
population of more than 2,000,000. The Regional Stroke
Advisory Subcommittee shall establish bylaws to ensure equal
membership that rotates and clearly delineates committee
responsibilities and structure. Of the members first
appointed, one-third shall be appointed for a term of one
year, one-third shall be appointed for a term of 2 years, and
the remaining members shall be appointed for a term of 3 years.
The terms of subsequent appointees shall be 3 years.
"State Stroke Advisory Subcommittee" means a standing
advisory body within the State Emergency Medical Services

Advisory Council.
(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)
(210 ILCS 50/3.117)
Sec. 3.117. Hospital designations.
(a) The Department shall attempt to designate Primary
Stroke Centers in all areas of the State.
(1) The Department shall designate as many certified
Primary Stroke Centers as apply for that designation
provided they are certified by a nationally recognized
nationally-recognized certifying body, approved by the
Department, and certification criteria are consistent with
the most current nationally recognized
nationally-recognized, evidence-based stroke guidelines
related to reducing the occurrence, disabilities, and
death associated with stroke.
(2) A hospital certified as a Primary Stroke Center by
a nationally recognized nationally-recognized certifying
body approved by the Department, shall send a copy of the
Certificate and annual fee to the Department and shall be
deemed, within 30 business days of its receipt by the
Department, to be a State-designated Primary Stroke
Center.
(3) A center designated as a Primary Stroke Center
shall pay an annual fee as determined by the Department
that shall be no less than $100 and no greater than $500.

All fees shall be deposited into the Stroke Data
Collection Fund.
(3.5) With respect to a hospital that is a designated
Primary Stroke Center, the Department shall have the
authority and responsibility to do the following:
(A) Suspend or revoke a hospital's Primary Stroke
Center designation upon receiving notice that the
hospital's Primary Stroke Center certification has
lapsed or has been revoked by the State recognized
certifying body.
(B) Suspend a hospital's Primary Stroke Center
designation, in extreme circumstances where patients
may be at risk for immediate harm or death, until such
time as the certifying body investigates and makes a
final determination regarding certification.
(C) Restore any previously suspended or revoked
Department designation upon notice to the Department
that the certifying body has confirmed or restored the
Primary Stroke Center certification of that previously
designated hospital.
(D) Suspend a hospital's Primary Stroke Center
designation at the request of a hospital seeking to
suspend its own Department designation.
(4) Primary Stroke Center designation shall remain
valid at all times while the hospital maintains its
certification as a Primary Stroke Center, in good

standing, with the certifying body. The duration of a
Primary Stroke Center designation shall coincide with the
duration of its Primary Stroke Center certification. Each
designated Primary Stroke Center shall have its
designation automatically renewed upon the Department's
receipt of a copy of the accrediting body's certification
renewal.
(5) A hospital that no longer meets nationally
recognized nationally-recognized, evidence-based
standards for Primary Stroke Centers, or loses its Primary
Stroke Center certification, shall notify the Department
and the Regional EMS Advisory Committee within 5 business
days.
(a-5) The Department shall attempt to designate
Comprehensive Stroke Centers in all areas of the State.
(1) The Department shall designate as many certified
Comprehensive Stroke Centers as apply for that
designation, provided that the Comprehensive Stroke
Centers are certified by a nationally recognized
nationally-recognized certifying body approved by the
Department, and provided that the certifying body's
certification criteria are consistent with the most
current nationally recognized nationally-recognized and
evidence-based stroke guidelines for reducing the
occurrence of stroke and the disabilities and death
associated with stroke.

(2) A hospital certified as a Comprehensive Stroke
Center shall send a copy of the Certificate and annual fee
to the Department and shall be deemed, within 30 business
days of its receipt by the Department, to be a
State-designated Comprehensive Stroke Center.
(3) A hospital designated as a Comprehensive Stroke
Center shall pay an annual fee as determined by the
Department that shall be no less than $100 and no greater
than $500. All fees shall be deposited into the Stroke
Data Collection Fund.
(4) With respect to a hospital that is a designated
Comprehensive Stroke Center, the Department shall have the
authority and responsibility to do the following:
(A) Suspend or revoke the hospital's Comprehensive
Stroke Center designation upon receiving notice that
the hospital's Comprehensive Stroke Center
certification has lapsed or has been revoked by the
State recognized certifying body.
(B) Suspend the hospital's Comprehensive Stroke
Center designation, in extreme circumstances in which
patients may be at risk for immediate harm or death,
until such time as the certifying body investigates
and makes a final determination regarding
certification.
(C) Restore any previously suspended or revoked
Department designation upon notice to the Department

that the certifying body has confirmed or restored the
Comprehensive Stroke Center certification of that
previously designated hospital.
(D) Suspend the hospital's Comprehensive Stroke
Center designation at the request of a hospital
seeking to suspend its own Department designation.
(5) Comprehensive Stroke Center designation shall
remain valid at all times while the hospital maintains its
certification as a Comprehensive Stroke Center, in good
standing, with the certifying body. The duration of a
Comprehensive Stroke Center designation shall coincide
with the duration of its Comprehensive Stroke Center
certification. Each designated Comprehensive Stroke Center
shall have its designation automatically renewed upon the
Department's receipt of a copy of the certifying body's
certification renewal.
(6) A hospital that no longer meets nationally
recognized nationally-recognized, evidence-based
standards for Comprehensive Stroke Centers, or loses its
Comprehensive Stroke Center certification, shall notify
the Department and the Regional EMS Advisory Committee
within 5 business days.
(b) Beginning on the first day of the month that begins 12
months after the adoption of rules authorized by this
subsection, the Department shall attempt to designate
hospitals as Acute Stroke-Ready Hospitals in all areas of the

State. Designation may be approved by the Department after a
hospital has been certified as an Acute Stroke-Ready Hospital
or through application and designation by the Department. For
any hospital that is designated as an Emergent Stroke Ready
Hospital at the time that the Department begins the
designation of Acute Stroke-Ready Hospitals, the Emergent
Stroke Ready designation shall remain intact for the duration
of the 12-month period until that designation expires. Until
the Department begins the designation of hospitals as Acute
Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
Ready Hospital designation utilizing the processes and
criteria provided in Public Act 96-514.
(1) (Blank).
(2) Hospitals may apply for, and receive, Acute
Stroke-Ready Hospital designation from the Department,
provided that the hospital attests, on a form developed by
the Department in consultation with the State Stroke
Advisory Subcommittee, that it meets, and will continue to
meet, the criteria for Acute Stroke-Ready Hospital
designation and pays an annual fee.
A hospital designated as an Acute Stroke-Ready
Hospital shall pay an annual fee as determined by the
Department that shall be no less than $100 and no greater
than $500. All fees shall be deposited into the Stroke
Data Collection Fund.
(2.5) A hospital may apply for, and receive, Acute

Stroke-Ready Hospital designation from the Department,
provided that the hospital provides proof of current Acute
Stroke-Ready Hospital certification and the hospital pays
an annual fee.
(A) Acute Stroke-Ready Hospital designation shall
remain valid at all times while the hospital maintains
its certification as an Acute Stroke-Ready Hospital,
in good standing, with the certifying body.
(B) The duration of an Acute Stroke-Ready Hospital
designation shall coincide with the duration of its
Acute Stroke-Ready Hospital certification.
(C) Each designated Acute Stroke-Ready Hospital
shall have its designation automatically renewed upon
the Department's receipt of a copy of the certifying
body's certification renewal and Application for
Stroke Center Designation form.
(D) A hospital must submit a copy of its
certification renewal from the certifying body as soon
as practical but no later than 30 business days after
that certification is received by the hospital. Upon
the Department's receipt of the renewal certification,
the Department shall renew the hospital's Acute
Stroke-Ready Hospital designation.
(E) A hospital designated as an Acute Stroke-Ready
Hospital shall pay an annual fee as determined by the
Department that shall be no less than $100 and no

greater than $500. All fees shall be deposited into
the Stroke Data Collection Fund.
(3) Hospitals seeking Acute Stroke-Ready Hospital
designation that do not have certification shall develop
policies and procedures that are consistent with
nationally recognized nationally-recognized,
evidence-based protocols for the provision of emergent
stroke care. Hospital policies relating to emergent stroke
care and stroke patient outcomes shall be reviewed at
least annually, or more often as needed, by a hospital
committee that oversees quality improvement. Adjustments
shall be made as necessary to advance the quality of
stroke care delivered. Criteria for Acute Stroke-Ready
Hospital designation of hospitals shall be limited to the
ability of a hospital to:
(A) create written acute care protocols related to
emergent stroke care;
(A-5) participate in the data collection system
provided in Section 3.118, if available;
(B) maintain a written transfer agreement with one
or more hospitals that have neurosurgical expertise;
(C) designate a Clinical Director of Stroke Care
who shall be a clinical member of the hospital staff
with training or experience, as defined by the
facility, in the care of patients with cerebrovascular
disease. This training or experience may include, but

is not limited to, completion of a fellowship or other
specialized training in the area of cerebrovascular
disease, attendance at national courses, or prior
experience in neuroscience intensive care units. The
Clinical Director of Stroke Care may be a neurologist,
neurosurgeon, emergency medicine physician, internist,
radiologist, advanced practice registered nurse, or
physician's assistant;
(C-5) provide rapid access to an acute stroke
team, as defined by the facility, that considers and
reflects nationally recognized, evidence-based
nationally-recognized, evidenced-based protocols or
guidelines;
(D) administer thrombolytic therapy, or
subsequently developed medical therapies that meet
nationally recognized nationally-recognized,
evidence-based stroke guidelines;
(E) conduct brain image tests at all times;
(F) conduct blood coagulation studies at all
times;
(G) maintain a log of stroke patients, which shall
be available for review upon request by the Department
or any hospital that has a written transfer agreement
with the Acute Stroke-Ready Hospital;
(H) admit stroke patients to a unit that can
provide appropriate care that considers and reflects

nationally recognized nationally-recognized,
evidence-based protocols or guidelines or transfer
stroke patients to an Acute Stroke-Ready Hospital,
Primary Stroke Center, or Comprehensive Stroke Center,
or another facility that can provide the appropriate
care that considers and reflects nationally recognized
nationally-recognized, evidence-based protocols or
guidelines; and
(I) demonstrate compliance with nationally
recognized nationally-recognized quality indicators.
(4) With respect to Acute Stroke-Ready Hospital
designation, the Department shall have the authority and
responsibility to do the following:
(A) Require hospitals applying for Acute
Stroke-Ready Hospital designation to attest, on a form
developed by the Department in consultation with the
State Stroke Advisory Subcommittee, that the hospital
meets, and will continue to meet, the criteria for an
Acute Stroke-Ready Hospital.
(A-5) Require hospitals applying for Acute
Stroke-Ready Hospital designation via national Acute
Stroke-Ready Hospital certification to provide proof
of current Acute Stroke-Ready Hospital certification,
in good standing.
The Department shall require a hospital that is
already certified as an Acute Stroke-Ready Hospital to

send a copy of the Certificate to the Department.
Within 30 business days of the Department's
receipt of a hospital's Acute Stroke-Ready Certificate
and Application for Stroke Center Designation form
that indicates that the hospital is a certified Acute
Stroke-Ready Hospital, in good standing, the hospital
shall be deemed a State-designated Acute Stroke-Ready
Hospital. The Department shall send a designation
notice to each hospital that it designates as an Acute
Stroke-Ready Hospital and shall add the names of
designated Acute Stroke-Ready Hospitals to the website
listing immediately upon designation. The Department
shall immediately remove the name of a hospital from
the website listing when a hospital loses its
designation after notice and, if requested by the
hospital, a hearing.
The Department shall develop an Application for
Stroke Center Designation form that contains a
statement that "The above named facility meets the
requirements for Acute Stroke-Ready Hospital
Designation as provided in Section 3.117 of the
Emergency Medical Services (EMS) Systems Act" and
shall instruct the applicant facility to provide: the
hospital name and address; the hospital CEO or
Administrator's typed name and signature; the hospital
Clinical Director of Stroke Care's typed name and

signature; and a contact person's typed name, email
address, and phone number.
The Application for Stroke Center Designation form
shall contain a statement that instructs the hospital
to "Provide proof of current Acute Stroke-Ready
Hospital certification from a nationally recognized
nationally-recognized certifying body approved by the
Department".
(B) Designate a hospital as an Acute Stroke-Ready
Hospital no more than 30 business days after receipt
of an attestation that meets the requirements for
attestation, unless the Department, within 30 days of
receipt of the attestation, chooses to conduct an
onsite survey prior to designation. If the Department
chooses to conduct an onsite survey prior to
designation, then the onsite survey shall be conducted
within 90 days of receipt of the attestation.
(C) Require annual written attestation, on a form
developed by the Department in consultation with the
State Stroke Advisory Subcommittee, by Acute
Stroke-Ready Hospitals to indicate compliance with
Acute Stroke-Ready Hospital criteria, as described in
this Section, and automatically renew Acute
Stroke-Ready Hospital designation of the hospital.
(D) Issue an Emergency Suspension of Acute
Stroke-Ready Hospital designation when the Director,

or his or her designee, has determined that the
hospital no longer meets the Acute Stroke-Ready
Hospital criteria and an immediate and serious danger
to the public health, safety, and welfare exists. If
the Acute Stroke-Ready Hospital fails to eliminate the
violation immediately or within a fixed period of
time, not exceeding 10 days, as determined by the
Director, the Director may immediately revoke the
Acute Stroke-Ready Hospital designation. The Acute
Stroke-Ready Hospital may appeal the revocation within
15 business days after receiving the Director's
revocation order, by requesting an administrative
hearing.
(E) After notice and an opportunity for an
administrative hearing, suspend, revoke, or refuse to
renew an Acute Stroke-Ready Hospital designation, when
the Department finds the hospital is not in
substantial compliance with current Acute Stroke-Ready
Hospital criteria.
(c) The Department shall consult with the State Stroke
Advisory Subcommittee for developing the designation,
re-designation, and de-designation processes for Comprehensive
Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
Hospitals.
(d) The Department shall consult with the State Stroke
Advisory Subcommittee as subject matter experts at least

annually regarding stroke standards of care.
(Source: P.A. 100-513, eff. 1-1-18; revised 7-16-21.)
(210 ILCS 50/3.117.5)
Sec. 3.117.5. Hospital Stroke Care; grants.
(a) In order to encourage the establishment and retention
of Comprehensive Stroke Centers, Primary Stroke Centers, and
Acute Stroke-Ready Hospitals throughout the State, the
Director may award, subject to appropriation, matching grants
to hospitals to be used for the acquisition and maintenance of
necessary infrastructure, including personnel, equipment, and
pharmaceuticals for the diagnosis and treatment of acute
stroke patients. Grants may be used to pay the fee for
certifications by Department approved nationally recognized
nationally-recognized certifying bodies or to provide
additional training for directors of stroke care or for
hospital staff.
(b) The Director may award grant moneys to Comprehensive
Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
Hospitals for developing or enlarging stroke networks, for
stroke education, and to enhance the ability of the EMS System
to respond to possible acute stroke patients.
(c) A Comprehensive Stroke Center, Primary Stroke Center,
or Acute Stroke-Ready Hospital, or a hospital seeking
certification as a Comprehensive Stroke Center, Primary Stroke
Center, or Acute Stroke-Ready Hospital or designation as an

Acute Stroke-Ready Hospital, may apply to the Director for a
matching grant in a manner and form specified by the Director
and shall provide information as the Director deems necessary
to determine whether the hospital is eligible for the grant.
(d) Matching grant awards shall be made to Comprehensive
Stroke Centers, Primary Stroke Centers, Acute Stroke-Ready
Hospitals, or hospitals seeking certification or designation
as a Comprehensive Stroke Center, Primary Stroke Center, or
Acute Stroke-Ready Hospital. The Department may consider
prioritizing grant awards to hospitals in areas with the
highest incidence of stroke, taking into account geographic
diversity, where possible.
(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)
Section 130. The Medical Practice Act of 1987 is amended
by changing Section 23 as follows:
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Text of Section before amendment by P.A. 102-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall

report to the Disciplinary Board when any person's
clinical privileges are terminated or are restricted based
on a final determination made in accordance with that
institution's by-laws or rules and regulations that a
person has either committed an act or acts which may
directly threaten patient care or that a person may have a
mental or physical disability that may endanger patients
under that person's care. Such officer also shall report
if a person accepts voluntary termination or restriction
of clinical privileges in lieu of formal action based upon
conduct related directly to patient care or in lieu of
formal action seeking to determine whether a person may
have a mental or physical disability that may endanger
patients under that person's care. The Disciplinary Board
shall, by rule, provide for the reporting to it by health
care institutions of all instances in which a person,
licensed under this Act, who is impaired by reason of age,
drug or alcohol abuse or physical or mental impairment, is
under supervision and, where appropriate, is in a program
of rehabilitation. Such reports shall be strictly
confidential and may be reviewed and considered only by
the members of the Disciplinary Board, or by authorized
staff as provided by rules of the Disciplinary Board.
Provisions shall be made for the periodic report of the
status of any such person not less than twice annually in
order that the Disciplinary Board shall have current

information upon which to determine the status of any such
person. Such initial and periodic reports of impaired
physicians shall not be considered records within the
meaning of the The State Records Act and shall be disposed
of, following a determination by the Disciplinary Board
that such reports are no longer required, in a manner and
at such time as the Disciplinary Board shall determine by
rule. The filing of such reports shall be construed as the
filing of a report for purposes of subsection (C) of this
Section.
(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Disciplinary Board if a person engaged in a
post-graduate clinical training program at the
institution, including, but not limited to, a residency or
fellowship, separates from the program for any reason
prior to its conclusion. The program director shall
provide all documentation relating to the separation if,
after review of the report, the Disciplinary Board
determines that a review of those documents is necessary
to determine whether a violation of this Act occurred.
(2) Professional associations. The President or chief
executive officer of any association or society, of
persons licensed under this Act, operating within this
State shall report to the Disciplinary Board when the
association or society renders a final determination that

a person has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Disciplinary Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Disciplinary Board, within 5
days, any instances in which a person licensed under this
Act is convicted of any felony or Class A misdemeanor. The
State's Attorney of each county may report to the
Disciplinary Board through a verified complaint any
instance in which the State's Attorney believes that a
physician has willfully violated the notice requirements
of the Parental Notice of Abortion Act of 1995.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Disciplinary

Board any instance arising in connection with the
operations of such agency, including the administration of
any law by such agency, in which a person licensed under
this Act has either committed an act or acts which may be a
violation of this Act or which may constitute
unprofessional conduct related directly to patient care or
which indicates that a person licensed under this Act may
have a mental or physical disability that may endanger
patients under that person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Disciplinary Board in a
timely fashion. Unless otherwise provided in this Section, the
reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address and telephone number of the
person making the report.
(2) The name, address and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other healthcare facility where the care at
issue in the report was rendered, provided, however, no

medical records may be revealed.
(4) A brief description of the facts which gave rise
to the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the
report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
The Disciplinary Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the
Disciplinary Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to, in any
way, waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the

confidential use of the Disciplinary Board, the Medical
Coordinators, the Disciplinary Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or to a health
care licensing body or medical licensing authority of this
State or another state or jurisdiction pursuant to an official
request made by that licensing body or medical licensing
authority. Furthermore, information and documents disclosed to
a federal, State, or local law enforcement agency may be used
by that agency only for the investigation and prosecution of a
criminal offense, or, in the case of disclosure to a health
care licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard
to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department
only for investigation and disciplinary action regarding the
license of a health care institution licensed by the
Department of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any

report or other information to the Disciplinary Board or a
peer review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting
to the Disciplinary Board or a peer review committee
information regarding alleged errors or negligence by a person
licensed under this Act, or by participating in proceedings of
the Disciplinary Board or a peer review committee, or by
serving as a member of the Disciplinary Board or a peer review
committee, shall not, as a result of such actions, be subject
to criminal prosecution or civil damages.
(D) Indemnification. Members of the Disciplinary Board,
the Licensing Board, the Medical Coordinators, the
Disciplinary Board's attorneys, the medical investigative
staff, physicians retained under contract to assist and advise
the medical coordinators in the investigation, and authorized
clerical staff shall be indemnified by the State for any
actions occurring within the scope of services on the
Disciplinary Board or Licensing Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either
that there would be a conflict of interest in such
representation or that the actions complained of were not in
good faith or were wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after

approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Disciplinary Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Disciplinary Board. Upon the receipt
of any report called for by this Act, other than those reports
of impaired persons licensed under this Act required pursuant
to the rules of the Disciplinary Board, the Disciplinary Board
shall notify in writing, by certified mail, the person who is
the subject of the report. Such notification shall be made
within 30 days of receipt by the Disciplinary Board of the
report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the

amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the
Disciplinary Board no more than 30 days after the date on which
the person was notified by the Disciplinary Board of the
existence of the original report.
The Disciplinary Board shall review all reports received
by it, together with any supporting information and responding
statements submitted by persons who are the subject of
reports. The review by the Disciplinary Board shall be in a
timely manner but in no event, shall the Disciplinary Board's
initial review of the material contained in each disciplinary
file be less than 61 days nor more than 180 days after the
receipt of the initial report by the Disciplinary Board.
When the Disciplinary Board makes its initial review of
the materials contained within its disciplinary files, the
Disciplinary Board shall, in writing, make a determination as
to whether there are sufficient facts to warrant further
investigation or action. Failure to make such determination
within the time provided shall be deemed to be a determination
that there are not sufficient facts to warrant further
investigation or action.
Should the Disciplinary Board find that there are not
sufficient facts to warrant further investigation, or action,

the report shall be accepted for filing and the matter shall be
deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Disciplinary Board's
decision or request further investigation. The Secretary shall
inform the Board of the decision to request further
investigation, including the specific reasons for the
decision. The individual or entity filing the original report
or complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Secretary of any
final action on their report or complaint. The Department
shall disclose to the individual or entity who filed the
original report or complaint, on request, the status of the
Disciplinary Board's review of a specific report or complaint.
Such request may be made at any time, including prior to the
Disciplinary Board's determination as to whether there are
sufficient facts to warrant further investigation or action.
(F) Summary reports. The Disciplinary Board shall prepare,
on a timely basis, but in no event less than once every other
month, a summary report of final disciplinary actions taken
upon disciplinary files maintained by the Disciplinary Board.
The summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's website. Information or documentation relating to
any disciplinary file that is closed without disciplinary
action taken shall not be disclosed and shall be afforded the

same status as is provided by Part 21 of Article VIII of the
Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or 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 paragraph shall
be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15;
revised 7-20-21.)
(Text of Section after amendment by P.A. 102-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator

or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall
report to the Medical Board when any person's clinical
privileges are terminated or are restricted based on a
final determination made in accordance with that
institution's by-laws or rules and regulations that a
person has either committed an act or acts which may
directly threaten patient care or that a person may have a
mental or physical disability that may endanger patients
under that person's care. Such officer also shall report
if a person accepts voluntary termination or restriction
of clinical privileges in lieu of formal action based upon
conduct related directly to patient care or in lieu of
formal action seeking to determine whether a person may
have a mental or physical disability that may endanger
patients under that person's care. The Medical Board
shall, by rule, provide for the reporting to it by health
care institutions of all instances in which a person,
licensed under this Act, who is impaired by reason of age,
drug or alcohol abuse or physical or mental impairment, is
under supervision and, where appropriate, is in a program
of rehabilitation. Such reports shall be strictly
confidential and may be reviewed and considered only by
the members of the Medical Board, or by authorized staff
as provided by rules of the Medical Board. Provisions
shall be made for the periodic report of the status of any

such person not less than twice annually in order that the
Medical Board shall have current information upon which to
determine the status of any such person. Such initial and
periodic reports of impaired physicians shall not be
considered records within the meaning of the The State
Records Act and shall be disposed of, following a
determination by the Medical Board that such reports are
no longer required, in a manner and at such time as the
Medical Board shall determine by rule. The filing of such
reports shall be construed as the filing of a report for
purposes of subsection (C) of this Section.
(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Medical Board if a person engaged in a
post-graduate clinical training program at the
institution, including, but not limited to, a residency or
fellowship, separates from the program for any reason
prior to its conclusion. The program director shall
provide all documentation relating to the separation if,
after review of the report, the Medical Board determines
that a review of those documents is necessary to determine
whether a violation of this Act occurred.
(2) Professional associations. The President or chief
executive officer of any association or society, of
persons licensed under this Act, operating within this
State shall report to the Medical Board when the

association or society renders a final determination that
a person has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Medical Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Medical Board, within 5 days,
any instances in which a person licensed under this Act is
convicted of any felony or Class A misdemeanor. The
State's Attorney of each county may report to the Medical
Board through a verified complaint any instance in which
the State's Attorney believes that a physician has
willfully violated the notice requirements of the Parental
Notice of Abortion Act of 1995.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government

of the State of Illinois shall report to the Medical Board
any instance arising in connection with the operations of
such agency, including the administration of any law by
such agency, in which a person licensed under this Act has
either committed an act or acts which may be a violation of
this Act or which may constitute unprofessional conduct
related directly to patient care or which indicates that a
person licensed under this Act may have a mental or
physical disability that may endanger patients under that
person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Medical Board in a timely
fashion. Unless otherwise provided in this Section, the
reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address and telephone number of the
person making the report.
(2) The name, address and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other healthcare facility where the care at

issue in the report was rendered, provided, however, no
medical records may be revealed.
(4) A brief description of the facts which gave rise
to the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the
report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
The Medical Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Medical
Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to, in any
way, waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any

information reported or disclosed shall be kept for the
confidential use of the Medical Board, the Medical
Coordinators, the Medical Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or to a health
care licensing body or medical licensing authority of this
State or another state or jurisdiction pursuant to an official
request made by that licensing body or medical licensing
authority. Furthermore, information and documents disclosed to
a federal, State, or local law enforcement agency may be used
by that agency only for the investigation and prosecution of a
criminal offense, or, in the case of disclosure to a health
care licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard
to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department
only for investigation and disciplinary action regarding the
license of a health care institution licensed by the
Department of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and

wanton manner, in complying with this Act by providing any
report or other information to the Medical Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting
to the Medical Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Medical Board or a peer review committee, or by serving as a
member of the Medical Board or a peer review committee, shall
not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Indemnification. Members of the Medical Board, the
Medical Coordinators, the Medical Board's attorneys, the
medical investigative staff, physicians retained under
contract to assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Medical Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either
that there would be a conflict of interest in such
representation or that the actions complained of were not in
good faith or were wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after

approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Medical Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Medical Board. Upon the receipt of
any report called for by this Act, other than those reports of
impaired persons licensed under this Act required pursuant to
the rules of the Medical Board, the Medical Board shall notify
in writing, by mail or email, the person who is the subject of
the report. Such notification shall be made within 30 days of
receipt by the Medical Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the

subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the Medical
Board no more than 30 days after the date on which the person
was notified by the Medical Board of the existence of the
original report.
The Medical Board shall review all reports received by it,
together with any supporting information and responding
statements submitted by persons who are the subject of
reports. The review by the Medical Board shall be in a timely
manner but in no event, shall the Medical Board's initial
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of
the initial report by the Medical Board.
When the Medical Board makes its initial review of the
materials contained within its disciplinary files, the Medical
Board shall, in writing, make a determination as to whether
there are sufficient facts to warrant further investigation or
action. Failure to make such determination within the time
provided shall be deemed to be a determination that there are
not sufficient facts to warrant further investigation or
action.
Should the Medical Board find that there are not
sufficient facts to warrant further investigation, or action,
the report shall be accepted for filing and the matter shall be

deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Board's decision
or request further investigation. The Secretary shall inform
the Medical Board of the decision to request further
investigation, including the specific reasons for the
decision. The individual or entity filing the original report
or complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Secretary of any
final action on their report or complaint. The Department
shall disclose to the individual or entity who filed the
original report or complaint, on request, the status of the
Medical Board's review of a specific report or complaint. Such
request may be made at any time, including prior to the Medical
Board's determination as to whether there are sufficient facts
to warrant further investigation or action.
(F) Summary reports. The Medical Board shall prepare, on a
timely basis, but in no event less than once every other month,
a summary report of final disciplinary actions taken upon
disciplinary files maintained by the Medical Board. The
summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's website. Information or documentation relating to
any disciplinary file that is closed without disciplinary
action taken shall not be disclosed and shall be afforded the
same status as is provided by Part 21 of Article VIII of the

Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or 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 paragraph shall
be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
Section 135. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 25.2a as follows:
(225 ILCS 115/25.2a)
(Section scheduled to be repealed on January 1, 2024)
Sec. 25.2a. Confidentiality. All information collected by
the Department in the course of an examination or
investigation of a licensee or applicant, including, but not

limited to, any complaint against a licensee filed with the
Department and information collected to investigate any such
complaint, shall be maintained for the confidential use of the
Department and shall not be disclosed. The Department may not
disclose the information to anyone other than law enforcement
officials, other regulatory agencies that have an appropriate
regulatory interest as determined by the Secretary, or to a
party presenting a lawful subpoena to the Department.
Information and documents disclosed to a federal, State,
county, or local law enforcement agency shall not be disclosed
by the agency for any purpose to any other agency or person. A
formal complaint filed against a licensee by the Department or
any order issued by the Department against a licensee or
applicant shall be a public record, except as otherwise
prohibited by law.
(Source: P.A. 98-339, eff. 12-31-13; revised 7-16-21.)
Section 140. The Cemetery Oversight Act is amended by
changing Section 25-10 as follows:
(225 ILCS 411/25-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license
or may revoke, suspend, place on probation, reprimand, or take
other disciplinary or non-disciplinary action as the

Department may deem appropriate, including fines not to exceed
$10,000 for each violation, with regard to any license under
this Act, for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, except for Section 20-8.
(3) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation under
the law of any jurisdiction of the United States that is
(i) a Class X felony or (ii) a felony, an essential element
of which is fraud or dishonesty that is directly related
to the practice of cemetery operations.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal.
(5) Incompetence or misconduct in the practice of
cemetery operations.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(8) Failing, within 10 business days, to provide
information in response to a written request made by the
Department.

(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol,
narcotics, stimulants, or any other substances that
results in the inability to practice pursuant to the
provisions of this Act with reasonable judgment, skill, or
safety while acting under the provisions of this Act.
(11) Discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other government agency, if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with such terms.
(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with any governmental agency or

department.
(15) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to, loss of
motor skill, mental illness, or disability.
(16) Failure to comply with an order, decision, or
finding of the Department made pursuant to this Act.
(17) Directly or indirectly receiving compensation for
any professional services not actually performed.
(18) Practicing under a false or, except as provided
by law, an assumed name.
(19) Using or attempting to use an expired, inactive,
suspended, or revoked license or impersonating another
licensee.
(20) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department.
(21) Unjustified failure to honor its contracts.
(22) Negligent supervision of a cemetery manager,
customer service employee, employee, or independent
contractor.
(23) (Blank).
(24) (Blank).
(25) (Blank).
(b) No action may be taken under this Act against a person
licensed under this Act for an occurrence or alleged

occurrence that predates the enactment of this Act.
(c) In enforcing this Section, the Department, upon a
showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department may
order the examining physician to present testimony concerning
his or her examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Department. The licensee or applicant may have, at his or her
own expense, another physician of his or her choice present
during all aspects of the examination. Failure of a licensee
or applicant to submit to any such examination when directed,
without reasonable cause, shall be grounds for either
immediate suspension suspending of his or her license or
immediate denial of his or her application.
(1) If the Secretary immediately suspends the license
of a licensee for his or her failure to submit to a mental
or physical examination when directed, a hearing must be
convened by the Department within 15 days after the
suspension and completed without appreciable delay.
(2) If the Secretary otherwise suspends a license
pursuant to the results of the licensee's mental or
physical examination, a hearing must be convened by the

Department within 15 days after the suspension and
completed without appreciable delay. The Department shall
have the authority to review the licensee's record of
treatment and counseling regarding the relevant impairment
or impairments to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
(3) Any licensee suspended under this subsection shall
be afforded an opportunity to demonstrate to the
Department that he or she can resume practice in
compliance with the acceptable and prevailing standards
under the provisions of his or her license.
(d) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. Such suspension may
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the filing of a petition for restoration
demonstrating fitness to practice.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department shall refuse to

issue or renew or shall revoke or suspend that person's
license or shall take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services under
paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or shall take other
disciplinary action against that person for his or her failure
to file a return, 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
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(Source: P.A. 102-20, eff. 6-25-21; revised 7-20-21.)
Section 145. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Sections 1-5, 1-10, and 25-20 as
follows:
(225 ILCS 458/1-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-5. Legislative intent. The intent of the General

Assembly in enacting this Act is to evaluate the competency of
persons engaged in the appraisal of real estate and to license
and regulate those persons for the protection of the public.
Additionally, it is the intent of the General Assembly for
this Act to be consistent with the provisions of Title XI of
the federal Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
(Source: P.A. 98-1109, eff. 1-1-15; revised 8-2-21.)
(225 ILCS 458/1-10)
(Text of Section before amendment by P.A. 102-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-10. Definitions. As used in this Act, unless the
context otherwise requires:
"Accredited college or university, junior college, or
community college" means a college or university, junior
college, or community college that is approved or accredited
by the Board of Higher Education, a regional or national
accreditation association, or by an accrediting agency that is
recognized by the U.S. Secretary of Education.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's

website or by contacting the Department.
"Applicant" means a person who applies to the Department
for a license under this Act.
"Appraisal" means (noun) the act or process of developing
an opinion of value; an opinion of value (adjective) of or
pertaining to appraising and related functions, such as
appraisal practice or appraisal services.
"Appraisal assignment" means a valuation service provided
as a consequence of an agreement between an appraiser and a
client.
"Appraisal consulting" means the act or process of
developing an analysis, recommendation, or opinion to solve a
problem, where an opinion of value is a component of the
analysis leading to the assignment results.
"Appraisal firm" means an appraisal entity that is 100%
owned and controlled by a person or persons licensed in
Illinois as a certified general real estate appraiser or a
certified residential real estate appraiser. "Appraisal firm"
does not include an appraisal management company.
"Appraisal management company" means any corporation,
limited liability company, partnership, sole proprietorship,
subsidiary, unit, or other business entity that directly or
indirectly: (1) provides appraisal management services to
creditors or secondary mortgage market participants; (2)
provides appraisal management services in connection with
valuing the consumer's principal dwelling as security for a

consumer credit transaction (including consumer credit
transactions incorporated into securitizations); (3) within a
given year, oversees an appraiser panel of any size of
State-certified appraisers in Illinois; and (4) any appraisal
management company that, within a given year, oversees an
appraiser panel of 16 or more State-certified appraisers in
Illinois or 25 or more State-certified or State-licensed
appraisers in 2 or more jurisdictions shall be subject to the
appraisal management company national registry fee in addition
to the appraiser panel fee. "Appraisal management company"
includes a hybrid entity.
"Appraisal practice" means valuation services performed by
an individual acting as an appraiser, including, but not
limited to, appraisal, appraisal review, or appraisal
consulting.
"Appraisal report" means any communication, written or
oral, of an appraisal or appraisal review that is transmitted
to a client upon completion of an assignment.
"Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal assignment.
"Appraisal Subcommittee" means the Appraisal Subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.
"Appraiser" means a person who performs real estate or

real property appraisals.
"AQB" means the Appraisal Qualifications Board of the
Appraisal Foundation.
"Associate real estate trainee appraiser" means an
entry-level appraiser who holds a license of this
classification under this Act with restrictions as to the
scope of practice in accordance with this Act.
"Board" means the Real Estate Appraisal Administration and
Disciplinary Board.
"Broker price opinion" means an estimate or analysis of
the probable selling price of a particular interest in real
estate, which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the
sale or rental of real estate.
"Classroom hour" means 50 minutes of instruction out of
each 60-minute 60 minute segment of coursework.
"Client" means the party or parties who engage an
appraiser by employment or contract in a specific appraisal
assignment.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to

a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a
broker, as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Coordinator" means the Coordinator of Real Estate
Appraisal of the Division of Professional Regulation of the
Department of Financial and Professional Regulation.
"Department" means the Department of Financial and
Professional Regulation.
"Federal financial institutions regulatory agencies" means
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the Consumer Financial Protection
Bureau, and the National Credit Union Administration.
"Federally related transaction" means any real
estate-related financial transaction in which a federal
financial institutions regulatory agency engages in, contracts
for, or regulates and requires the services of an appraiser.
"Financial institution" means any bank, savings bank,

savings and loan association, credit union, mortgage broker,
mortgage banker, licensee under the Consumer Installment Loan
Act or the Sales Finance Agency Act, or a corporate fiduciary,
subsidiary, affiliate, parent company, or holding company of
any such licensee, or any institution involved in real estate
financing that is regulated by state or federal law.
"Multi-state licensing system" means a web-based platform
that allows an applicant to submit his or her application or
license renewal application to the Department online.
"Person" means an individual, entity, sole proprietorship,
corporation, limited liability company, partnership, and joint
venture, foreign or domestic, except that when the context
otherwise requires, the term may refer to more than one
individual or other described entity.
"Real estate" means an identified parcel or tract of land,
including any improvements.
"Real estate related financial transaction" means any
transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property
or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property
as security for a loan or investment, including mortgage
backed securities.

"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"State certified general real estate appraiser" means an
appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
all types of real property without restrictions as to the
scope of practice.
"State certified residential real estate appraiser" means
an appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
one to 4 units of residential real property without regard to
transaction value or complexity, but with restrictions as to
the scope of practice in a federally related transaction in
accordance with Title XI, the provisions of USPAP, criteria
established by the AQB, and further defined by rule.
"Supervising appraiser" means either (i) an appraiser who
holds a valid license under this Act as either a State
certified general real estate appraiser or a State certified
residential real estate appraiser, who co-signs an appraisal
report for an associate real estate trainee appraiser or (ii)
a State certified general real estate appraiser who holds a
valid license under this Act who co-signs an appraisal report
for a State certified residential real estate appraiser on
properties other than one to 4 units of residential real

property without regard to transaction value or complexity.
"Title XI" means Title XI of the federal Financial
Institutions Reform, Recovery, and Enforcement Act of 1989.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as promulgated by the Appraisal Standards
Board pursuant to Title XI and by rule.
"Valuation services" means services pertaining to aspects
of property value.
(Source: P.A. 100-604, eff. 7-13-18; revised 7-20-21.)
(Text of Section after amendment by P.A. 102-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1-10. Definitions. As used in this Act, unless the
context otherwise requires:
"Accredited college or university, junior college, or
community college" means a college or university, junior
college, or community college that is approved or accredited
by the Board of Higher Education, a regional or national
accreditation association, or by an accrediting agency that is
recognized by the U.S. Secretary of Education.
"Address of record" means the designated street address,
which may not be a post office box, recorded by the Department
in the applicant's or licensee's application file or license
file as maintained by the Department.
"Applicant" means a person who applies to the Department
for a license under this Act.

"Appraisal" means (noun) the act or process of developing
an opinion of value; an opinion of value (adjective) of or
pertaining to appraising and related functions, such as
appraisal practice or appraisal services.
"Appraisal assignment" means a valuation service provided
pursuant to an agreement between an appraiser and a client.
"Appraisal firm" means an appraisal entity that is 100%
owned and controlled by a person or persons licensed in
Illinois as a certified general real estate appraiser or a
certified residential real estate appraiser. "Appraisal firm"
does not include an appraisal management company.
"Appraisal management company" means any corporation,
limited liability company, partnership, sole proprietorship,
subsidiary, unit, or other business entity that directly or
indirectly: (1) provides appraisal management services to
creditors or secondary mortgage market participants, including
affiliates; (2) provides appraisal management services in
connection with valuing the consumer's principal dwelling as
security for a consumer credit transaction (including consumer
credit transactions incorporated into securitizations); and
(3) any appraisal management company that, within a given
12-month period, oversees an appraiser panel of 16 or more
State-certified appraisers in Illinois or 25 or more
State-certified or State-licensed appraisers in 2 or more
jurisdictions. "Appraisal management company" includes a
hybrid entity.

"Appraisal practice" means valuation services performed by
an individual acting as an appraiser, including, but not
limited to, appraisal or appraisal review.
"Appraisal report" means any communication, written or
oral, of an appraisal or appraisal review that is transmitted
to a client upon completion of an assignment.
"Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal assignment.
"Appraisal Subcommittee" means the Appraisal Subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.
"Appraiser" means a person who performs real estate or
real property appraisals competently and in a manner that is
independent, impartial, and objective.
"Appraiser panel" means a network, list, or roster of
licensed or certified appraisers approved by the appraisal
management company or by the end-user client to perform
appraisals as independent contractors for the appraisal
management company. "Appraiser panel" includes both appraisers
accepted by an appraisal management company for consideration
for future appraisal assignments and appraisers engaged by an
appraisal management company to perform one or more
appraisals. For the purposes of determining the size of an
appraiser panel, only independent contractors of hybrid

entities shall be counted towards the appraiser panel.
"AQB" means the Appraisal Qualifications Board of the
Appraisal Foundation.
"Associate real estate trainee appraiser" means an
entry-level appraiser who holds a license of this
classification under this Act with restrictions as to the
scope of practice in accordance with this Act.
"Automated valuation model" means an automated system that
is used to derive a property value through the use of available
property records and various analytic methodologies such as
comparable sales prices, home characteristics, and price
changes.
"Board" means the Real Estate Appraisal Administration and
Disciplinary Board.
"Broker price opinion" means an estimate or analysis of
the probable selling price of a particular interest in real
estate, which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the
sale or rental of real estate.
"Classroom hour" means 50 minutes of instruction out of
each 60-minute 60 minute segment of coursework.

"Client" means the party or parties who engage an
appraiser by employment or contract in a specific appraisal
assignment.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a
broker, as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Coordinator" means the Real Estate Appraisal Coordinator
created in Section 25-15.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file maintained by
the Department.
"Evaluation" means a valuation permitted by the appraisal
regulations of the Federal Financial Institutions Examination

Council and its federal agencies for transactions that qualify
for the appraisal threshold exemption, business loan
exemption, or subsequent transaction exemption.
"Federal financial institutions regulatory agencies" means
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the Consumer Financial Protection
Bureau, and the National Credit Union Administration.
"Federally related transaction" means any real
estate-related financial transaction in which a federal
financial institutions regulatory agency engages in, contracts
for, or regulates and requires the services of an appraiser.
"Financial institution" means any bank, savings bank,
savings and loan association, credit union, mortgage broker,
mortgage banker, licensee under the Consumer Installment Loan
Act or the Sales Finance Agency Act, or a corporate fiduciary,
subsidiary, affiliate, parent company, or holding company of
any such licensee, or any institution involved in real estate
financing that is regulated by state or federal law.
"Hybrid entity" means an appraisal management company that
hires an appraiser as an employee to perform an appraisal and
engages an independent contractor to perform an appraisal.
"License" means the privilege conferred by the Department
to a person that has fulfilled all requirements prerequisite
to any type of licensure under this Act.
"Licensee" means any person, as defined in this Section,

who holds a valid unexpired license.
"Multi-state licensing system" means a web-based platform
that allows an applicant to submit the application or license
renewal application to the Department online.
"Person" means an individual, entity, sole proprietorship,
corporation, limited liability company, partnership, and joint
venture, foreign or domestic, except that when the context
otherwise requires, the term may refer to more than one
individual or other described entity.
"Real estate" means an identified parcel or tract of land,
including any improvements.
"Real estate related financial transaction" means any
transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property
or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property
as security for a loan or investment, including mortgage
backed securities.
"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.
"Secretary" means the Secretary of Financial and
Professional Regulation or the Secretary's designee.
"State certified general real estate appraiser" means an

appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
all types of real property without restrictions as to the
scope of practice.
"State certified residential real estate appraiser" means
an appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
one to 4 units of residential real property without regard to
transaction value or complexity, but with restrictions as to
the scope of practice in a federally related transaction in
accordance with Title XI, the provisions of USPAP, criteria
established by the AQB, and further defined by rule.
"Supervising appraiser" means either (i) an appraiser who
holds a valid license under this Act as either a State
certified general real estate appraiser or a State certified
residential real estate appraiser, who co-signs an appraisal
report for an associate real estate trainee appraiser or (ii)
a State certified general real estate appraiser who holds a
valid license under this Act who co-signs an appraisal report
for a State certified residential real estate appraiser on
properties other than one to 4 units of residential real
property without regard to transaction value or complexity.
"Title XI" means Title XI of the federal Financial
Institutions Reform, Recovery, and Enforcement Act of 1989.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as promulgated by the Appraisal Standards

Board pursuant to Title XI and by rule.
"Valuation services" means services pertaining to aspects
of property value.
(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
(225 ILCS 458/25-20)
(Text of Section before amendment by P.A. 102-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-20. Department; powers and duties. The Department
of Financial and Professional Regulation shall exercise the
powers and duties prescribed by the Civil Administrative Code
of Illinois for the administration of licensing Acts and shall
exercise such other powers and duties as are prescribed by
this Act for the administration of this Act. The Department
may contract with third parties for services necessary for the
proper administration of this Act, including, without
limitation, investigators with the proper knowledge, training,
and skills to properly investigate complaints against real
estate appraisers.
In addition, the Department may receive federal financial
assistance, either directly from the federal government or
indirectly through another source, public or private, for the
administration of this Act. The Department may also receive
transfers, gifts, grants, or donations from any source, public
or private, in the form of funds, services, equipment,
supplies, or materials. Any funds received pursuant to this

Section shall be deposited in the Appraisal Administration
Fund unless deposit in a different fund is otherwise mandated,
and shall be used in accordance with the requirements of the
federal financial assistance, gift, grant, or donation for
purposes related to the powers and duties of the Department.
The Department shall maintain and update a registry of the
names and addresses of all licensees and a listing of
disciplinary orders issued pursuant to this Act and shall
transmit the registry, along with any national registry fees
that may be required, to the entity specified by, and in a
manner consistent with, Title XI of the federal Financial
Institutions Reform, Recovery, and Enforcement Act of 1989.
(Source: P.A. 102-16, eff. 6-17-21; revised 7-17-21.)
(Text of Section after amendment by P.A. 102-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-20. Department; powers and duties. The Department
of Financial and Professional Regulation shall exercise the
powers and duties prescribed by the Civil Administrative Code
of Illinois for the administration of licensing Acts and shall
exercise such other powers and duties as are prescribed by
this Act for the administration of this Act. The Department
may contract with third parties for services necessary for the
proper administration of this Act, including, without
limitation, investigators with the proper knowledge, training,
and skills to investigate complaints against real estate

appraisers.
In addition, the Department may receive federal financial
assistance, either directly from the federal government or
indirectly through another source, public or private, for the
administration of this Act. The Department may also receive
transfers, gifts, grants, or donations from any source, public
or private, in the form of funds, services, equipment,
supplies, or materials. Any funds received pursuant to this
Section shall be deposited in the Appraisal Administration
Fund unless deposit in a different fund is otherwise mandated,
and shall be used in accordance with the requirements of the
federal financial assistance, gift, grant, or donation for
purposes related to the powers and duties of the Department.
The Department shall maintain and update a registry of the
names and addresses of all licensees and a listing of
disciplinary orders issued pursuant to this Act and shall
transmit the registry, along with any national registry fees
that may be required, to the entity specified by, and in a
manner consistent with, Title XI of the federal Financial
Institutions Reform, Recovery, and Enforcement Act of 1989.
(Source: P.A. 102-16, eff. 6-17-21; 102-20, eff. 1-1-22;
revised 7-17-21.)
Section 150. The Appraisal Management Company Registration
Act is amended by changing Section 10 as follows:

(225 ILCS 459/10)
(Text of Section before amendment by P.A. 102-20)
Sec. 10. Definitions. In this Act:
"Address of record" means the principal address recorded
by the Department in the applicant's or registrant's
application file or registration file maintained by the
Department's registration maintenance unit.
"Applicant" means a person or entity who applies to the
Department for a registration under this Act.
"Appraisal" means (noun) the act or process of developing
an opinion of value; an opinion of value (adjective) of or
pertaining to appraising and related functions.
"Appraisal firm" means an appraisal entity that is 100%
owned and controlled by a person or persons licensed in
Illinois as a certified general real estate appraiser or a
certified residential real estate appraiser. An appraisal firm
does not include an appraisal management company.
"Appraisal management company" means any corporation,
limited liability company, partnership, sole proprietorship,
subsidiary, unit, or other business entity that directly or
indirectly: (1) provides appraisal management services to
creditors or secondary mortgage market participants; (2)
provides appraisal management services in connection with
valuing the consumer's principal dwelling as security for a
consumer credit transaction (including consumer credit
transactions incorporated into securitizations); (3) within a

given year, oversees an appraiser panel of any size of
State-certified appraisers in Illinois; and (4) any appraisal
management company that, within a given year, oversees an
appraiser panel of 16 or more State-certified appraisers in
Illinois or 25 or more State-certified or State-licensed
appraisers in 2 or more jurisdictions shall be subject to the
appraisal management company national registry fee in addition
to the appraiser panel fee. "Appraisal management company"
includes a hybrid entity.
"Appraisal management company national registry fee" means
the fee implemented pursuant to Title XI of the federal
Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 for an appraiser management company's national
registry.
"Appraisal management services" means one or more of the
following:
(1) recruiting, selecting, and retaining appraisers;
(2) contracting with State-certified or State-licensed
appraisers to perform appraisal assignments;
(3) managing the process of having an appraisal
performed, including providing administrative services
such as receiving appraisal orders and appraisal reports;
submitting completed appraisal reports to creditors and
secondary market participants; collecting compensation
from creditors, underwriters, or secondary market
participants for services provided; or paying appraisers

for services performed; or
(4) reviewing and verifying the work of appraisers.
"Appraiser panel" means a network, list, or roster of
licensed or certified appraisers approved by the appraisal
management company or by the end-user client to perform
appraisals for the appraisal management company. "Appraiser
panel" includes both appraisers accepted by an appraisal
management company for consideration for future appraisal
assignments and appraisers engaged by an appraisal management
company to perform one or more appraisals.
"Appraiser panel fee" means the amount collected from a
registrant that, where applicable, includes an appraisal
management company's national registry fee.
"Appraisal report" means a written appraisal by an
appraiser to a client.
"Appraisal practice service" means valuation services
performed by an individual acting as an appraiser, including,
but not limited to, appraisal or appraisal review.
"Appraisal subcommittee" means the appraisal subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.
"Appraiser" means a person who performs real estate or
real property appraisals.
"Assignment result" means an appraiser's opinions and
conclusions developed specific to an assignment.
"Audit" includes, but is not limited to, an annual or

special audit, visit, or review necessary under this Act or
required by the Secretary or the Secretary's authorized
representative in carrying out the duties and responsibilities
under this Act.
"Client" means the party or parties who engage an
appraiser by employment or contract in a specific appraisal
assignment.
"Controlling person Person" means:
(1) an owner, officer, or director of an entity
seeking to offer appraisal management services;
(2) an individual employed, appointed, or authorized
by an appraisal management company who has the authority
to:
(A) enter into a contractual relationship with a
client for the performance of an appraisal management
service or appraisal practice service; and
(B) enter into an agreement with an appraiser for
the performance of a real estate appraisal activity;
(3) an individual who possesses, directly or
indirectly, the power to direct or cause the direction of
the management or policies of an appraisal management
company; or
(4) an individual who will act as the sole compliance
officer with regard to this Act and any rules adopted
under this Act.
"Coordinator" means the Coordinator of the Appraisal

Management Company Registration Unit of the Department or his
or her designee.
"Covered transaction" means a consumer credit transaction
secured by a consumer's principal dwelling.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the registrant's registration file
maintained by the Department's registration maintenance unit.
"Entity" means a corporation, a limited liability company,
partnership, a sole proprietorship, or other entity providing
services or holding itself out to provide services as an
appraisal management company or an appraisal management
service.
"End-user client" means any person who utilizes or engages
the services of an appraiser through an appraisal management
company.
"Federally regulated appraisal management company" means
an appraisal management company that is owned and controlled
by an insured depository institution, as defined in 12 U.S.C.
1813, or an insured credit union, as defined in 12 U.S.C. 1752,
and regulated by the Office of the Comptroller of the
Currency, the Federal Reserve Board, the National Credit Union
Association, or the Federal Deposit Insurance Corporation.
"Financial institution" means any bank, savings bank,

savings and loan association, credit union, mortgage broker,
mortgage banker, registrant under the Consumer Installment
Loan Act or the Sales Finance Agency Act, or a corporate
fiduciary, subsidiary, affiliate, parent company, or holding
company of any registrant, or any institution involved in real
estate financing that is regulated by State or federal law.
"Foreign appraisal management company" means any appraisal
management company organized under the laws of any other state
of the United States, the District of Columbia, or any other
jurisdiction of the United States.
"Hybrid entity" means an appraisal management company that
hires an appraiser as an employee to perform an appraisal and
engages an independent contractor to perform an appraisal.
"Multi-state licensing system" means a web-based platform
that allows an applicant to submit his or her application or
registration renewal to the Department online.
"Person" means individuals, entities, sole
proprietorships, corporations, limited liability companies,
and alien, foreign, or domestic partnerships, except that when
the context otherwise requires, the term may refer to a single
individual or other described entity.
"Principal dwelling" means a residential structure that
contains one to 4 units, whether or not that structure is
attached to real property. "Principal dwelling" includes an
individual condominium unit, cooperative unit, manufactured
home, mobile home, and trailer, if it is used as a residence.

"Principal office" means the actual, physical business
address, which shall not be a post office box or a virtual
business address, of a registrant, at which (i) the Department
may contact the registrant and (ii) records required under
this Act are maintained.
"Qualified to transact business in this State" means being
in compliance with the requirements of the Business
Corporation Act of 1983.
"Quality control review" means a review of an appraisal
report for compliance and completeness, including grammatical,
typographical, or other similar errors, unrelated to
developing an opinion of value.
"Real estate" means an identified parcel or tract of land,
including any improvements.
"Real estate related financial transaction" means any
transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property
or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property
as security for a loan or investment, including mortgage
backed securities.
"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.

"Secretary" means the Secretary of Financial and
Professional Regulation.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as adopted by the Appraisal Standards Board
under Title XI.
"Valuation" means any estimate of the value of real
property in connection with a creditor's decision to provide
credit, including those values developed under a policy of a
government sponsored enterprise or by an automated valuation
model or other methodology or mechanism.
"Written notice" means a communication transmitted by mail
or by electronic means that can be verified between an
appraisal management company and a licensed or certified real
estate appraiser.
(Source: P.A. 100-604, eff. 7-13-18; revised 8-2-21.)
(Text of Section after amendment by P.A. 102-20)
Sec. 10. Definitions. In this Act:
"Address of record" means the principal address recorded
by the Department in the applicant's or registrant's
application file or registration file maintained by the
Department's registration maintenance unit.
"Applicant" means a person or entity who applies to the
Department for a registration under this Act.
"Appraisal" means (noun) the act or process of developing
an opinion of value; an opinion of value (adjective) of or

pertaining to appraising and related functions.
"Appraisal firm" means an appraisal entity that is 100%
owned and controlled by a person or persons licensed in
Illinois as a certified general real estate appraiser or a
certified residential real estate appraiser. An appraisal firm
does not include an appraisal management company.
"Appraisal management company" means any corporation,
limited liability company, partnership, sole proprietorship,
subsidiary, unit, or other business entity that directly or
indirectly: (1) provides appraisal management services to
creditors or secondary mortgage market participants, including
affiliates; (2) provides appraisal management services in
connection with valuing the consumer's principal dwelling as
security for a consumer credit transaction (including consumer
credit transactions incorporated into securitizations); and
(3) any appraisal management company that, within a given
12-month period, oversees an appraiser panel of 16 or more
State-certified appraisers in Illinois or 25 or more
State-certified or State-licensed appraisers in 2 or more
jurisdictions. "Appraisal management company" includes a
hybrid entity.
"Appraisal management company national registry fee" means
the fee implemented pursuant to Title XI of the federal
Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 for an appraiser management company's national
registry.

"Appraisal management services" means one or more of the
following:
(1) recruiting, selecting, and retaining appraisers;
(2) contracting with State-certified or State-licensed
appraisers to perform appraisal assignments;
(3) managing the process of having an appraisal
performed, including providing administrative services
such as receiving appraisal orders and appraisal reports;
submitting completed appraisal reports to creditors and
secondary market participants; collecting compensation
from creditors, underwriters, or secondary market
participants for services provided; or paying appraisers
for services performed; or
(4) reviewing and verifying the work of appraisers.
"Appraiser panel" means a network, list, or roster of
licensed or certified appraisers approved by the appraisal
management company or by the end-user client to perform
appraisals as independent contractors for the appraisal
management company. "Appraiser panel" includes both appraisers
accepted by an appraisal management company for consideration
for future appraisal assignments and appraisers engaged by an
appraisal management company to perform one or more
appraisals. For the purposes of determining the size of an
appraiser panel, only independent contractors of hybrid
entities shall be counted towards the appraiser panel.
"Appraiser panel fee" means the amount collected from a

registrant that, where applicable, includes an appraisal
management company's national registry fee.
"Appraisal report" means a written appraisal by an
appraiser to a client.
"Appraisal practice service" means valuation services
performed by an individual acting as an appraiser, including,
but not limited to, appraisal or appraisal review.
"Appraisal subcommittee" means the appraisal subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.
"Appraiser" means a person who performs real estate or
real property appraisals.
"Assignment result" means an appraiser's opinions and
conclusions developed specific to an assignment.
"Audit" includes, but is not limited to, an annual or
special audit, visit, or review necessary under this Act or
required by the Secretary or the Secretary's authorized
representative in carrying out the duties and responsibilities
under this Act.
"Client" means the party or parties who engage an
appraiser by employment or contract in a specific appraisal
assignment.
"Controlling person Person" means:
(1) an owner, officer, or director of an entity
seeking to offer appraisal management services;
(2) an individual employed, appointed, or authorized

by an appraisal management company who has the authority
to:
(A) enter into a contractual relationship with a
client for the performance of an appraisal management
service or appraisal practice service; and
(B) enter into an agreement with an appraiser for
the performance of a real estate appraisal activity;
(3) an individual who possesses, directly or
indirectly, the power to direct or cause the direction of
the management or policies of an appraisal management
company; or
(4) an individual who will act as the sole compliance
officer with regard to this Act and any rules adopted
under this Act.
"Covered transaction" means a consumer credit transaction
secured by a consumer's principal dwelling.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the registrant's registration file
maintained by the Department's registration maintenance unit.
"Entity" means a corporation, a limited liability company,
partnership, a sole proprietorship, or other entity providing
services or holding itself out to provide services as an
appraisal management company or an appraisal management

service.
"End-user client" means any person who utilizes or engages
the services of an appraiser through an appraisal management
company.
"Federally regulated appraisal management company" means
an appraisal management company that is owned and controlled
by an insured depository institution, as defined in 12 U.S.C.
1813, or an insured credit union, as defined in 12 U.S.C. 1752,
and regulated by the Office of the Comptroller of the
Currency, the Federal Reserve Board, the National Credit Union
Association, or the Federal Deposit Insurance Corporation.
"Financial institution" means any bank, savings bank,
savings and loan association, credit union, mortgage broker,
mortgage banker, registrant under the Consumer Installment
Loan Act or the Sales Finance Agency Act, or a corporate
fiduciary, subsidiary, affiliate, parent company, or holding
company of any registrant, or any institution involved in real
estate financing that is regulated by State or federal law.
"Foreign appraisal management company" means any appraisal
management company organized under the laws of any other state
of the United States, the District of Columbia, or any other
jurisdiction of the United States.
"Hybrid entity" means an appraisal management company that
hires an appraiser as an employee to perform an appraisal and
engages an independent contractor to perform an appraisal.
"Multi-state licensing system" means a web-based platform

that allows an applicant to submit the application or
registration renewal to the Department online.
"Person" means individuals, entities, sole
proprietorships, corporations, limited liability companies,
and alien, foreign, or domestic partnerships, except that when
the context otherwise requires, the term may refer to a single
individual or other described entity.
"Principal dwelling" means a residential structure that
contains one to 4 units, whether or not that structure is
attached to real property. "Principal dwelling" includes an
individual condominium unit, cooperative unit, manufactured
home, mobile home, and trailer, if it is used as a residence.
"Principal office" means the actual, physical business
address, which shall not be a post office box or a virtual
business address, of a registrant, at which (i) the Department
may contact the registrant and (ii) records required under
this Act are maintained.
"Qualified to transact business in this State" means being
in compliance with the requirements of the Business
Corporation Act of 1983.
"Quality control review" means a review of an appraisal
report for compliance and completeness, including grammatical,
typographical, or other similar errors, unrelated to
developing an opinion of value.
"Real estate" means an identified parcel or tract of land,
including any improvements.

"Real estate related financial transaction" means any
transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property
or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property
as security for a loan or investment, including mortgage
backed securities.
"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as adopted by the Appraisal Standards Board
under Title XI.
"Valuation" means any estimate of the value of real
property in connection with a creditor's decision to provide
credit, including those values developed under a policy of a
government sponsored enterprise or by an automated valuation
model or other methodology or mechanism.
"Written notice" means a communication transmitted by mail
or by electronic means that can be verified between an
appraisal management company and a licensed or certified real
estate appraiser.

(Source: P.A. 102-20, eff. 1-1-22; revised 8-2-21.)
Section 155. The Hydraulic Fracturing Regulatory Act is
amended by changing Section 1-77 as follows:
(225 ILCS 732/1-77)
Sec. 1-77. Chemical disclosure; trade secret protection.
(a) If the chemical disclosure information required by
paragraph (8) of subsection (b) of Section 1-35 of this Act is
not submitted at the time of permit application, then the
permittee, applicant, or person who will perform high volume
horizontal hydraulic fracturing operations at the well shall
submit this information to the Department in electronic format
no less than 21 calendar days prior to performing the high
volume horizontal hydraulic fracturing operations. The
permittee shall not cause or allow any stimulation of the well
if it is not in compliance with this Section. Nothing in this
Section shall prohibit the person performing high volume
horizontal hydraulic fracturing operations from adjusting or
altering the contents of the fluid during the treatment
process to respond to unexpected conditions, as long as the
permittee or the person performing the high volume horizontal
hydraulic fracturing operations notifies the Department by
electronic mail within 24 hours of the departure from the
initial treatment design and includes a brief explanation of
the reason for the departure.

(b) No permittee shall use the services of another person
to perform high volume horizontal hydraulic fracturing
operations unless the person is in compliance with this
Section.
(c) Any person performing high volume horizontal hydraulic
fracturing operations within this State shall:
(1) be authorized to do business in this State; and
(2) maintain and disclose to the Department separate
and up-to-date master lists of:
(A) the base fluid to be used during any high
volume horizontal hydraulic fracturing operations
within this State;
(B) all hydraulic fracturing additives to be used
during any high volume horizontal hydraulic fracturing
operations within this State; and
(C) all chemicals and associated Chemical Abstract
Service numbers to be used in any high volume
horizontal hydraulic fracturing operations within this
State.
(d) Persons performing high volume horizontal hydraulic
fracturing operations are prohibited from using any base
fluid, hydraulic fracturing additive, or chemical not listed
on their master lists disclosed under paragraph (2) of
subsection (c) of this Section.
(e) The Department shall assemble and post up-to-date
copies of the master lists it receives under paragraph (2) of

subsection (c) of this Section on its website in accordance
with Section 1-110 of this Act.
(f) Where an applicant, permittee, or the person
performing high volume horizontal hydraulic fracturing
operations furnishes chemical disclosure information to the
Department under this Section, Section 1-35, or Section 1-75
of this Act under a claim of trade secret, the applicant,
permittee, or person performing high volume horizontal
hydraulic fracturing operations shall submit redacted and
un-redacted copies of the documents containing the information
to the Department and the Department shall use the redacted
copies when posting materials on its website.
(g) Upon submission or within 5 calendar days of
submission of chemical disclosure information to the
Department under this Section, Section 1-35, or Section 1-75
of this Act under a claim of trade secret, the person that
claimed trade secret protection shall provide a justification
of the claim containing the following: a detailed description
of the procedures used by the person to safeguard the
information from becoming available to persons other than
those selected by the person to have access to the information
for limited purposes; a detailed statement identifying the
persons or class of persons to whom the information has been
disclosed; a certification that the person has no knowledge
that the information has ever been published or disseminated
or has otherwise become a matter of general public knowledge;

a detailed discussion of why the person believes the
information to be of competitive value; and any other
information that shall support the claim.
(h) Chemical disclosure information furnished under this
Section, Section 1-35, or Section 1-75 of this Act under a
claim of trade secret shall be protected from disclosure as a
trade secret if the Department determines that the statement
of justification demonstrates that:
(1) the information has not been published,
disseminated, or otherwise become a matter of general
public knowledge; and
(2) the information has competitive value.
There is a rebuttable presumption that the information has
not been published, disseminated, or otherwise become a matter
of general public knowledge if the person has taken reasonable
measures to prevent the information from becoming available to
persons other than those selected by the person to have access
to the information for limited purposes and the statement of
justification contains a certification that the person has no
knowledge that the information has ever been published,
disseminated, or otherwise become a matter of general public
knowledge.
(i) Denial of a trade secret request under this Section
shall be appealable under the Administrative Review Law.
(j) A person whose request to inspect or copy a public
record is denied, in whole or in part, because of a grant of

trade secret protection may file a request for review with the
Public Access Counselor under Section 9.5 of the Freedom of
Information Act or for injunctive or declaratory relief under
Section 11 of the Freedom of Information Act for the purpose of
reviewing whether the Department properly determined that the
trade secret protection should be granted.
(k) Except as otherwise provided in subsections (l) and
(m) of this Section, the Department must maintain the
confidentiality of chemical disclosure information furnished
under this Section, Section 1-35, or Section 1-75 of this Act
under a claim of trade secret, until the Department receives
official notification of a final order by a reviewing body
with proper jurisdiction that is not subject to further appeal
rejecting a grant of trade secret protection for that
information.
(l) The Department shall adopt rules for the provision of
information furnished under a claim of trade secret to a
health professional who states a need for the information and
articulates why the information is needed. The health
professional may share that information with other persons as
may be professionally necessary, including, but not limited
to, the affected patient, other health professionals involved
in the treatment of the affected patient, the affected
patient's family members if the affected patient is
unconscious, is unable to make medical decisions, or is a
minor, the Centers for Disease Control and Prevention, and

other government public health agencies. Except as otherwise
provided in this Section, any recipient of the information
shall not use the information for purposes other than the
health needs asserted in the request and shall otherwise
maintain the information as confidential. Information so
disclosed to a health professional shall in no way be
construed as publicly available. The holder of the trade
secret may request a confidentiality agreement consistent with
the requirements of this Section from all health professionals
to whom the information is disclosed as soon as circumstances
permit. The rules adopted by the Department shall also
establish procedures for providing the information in both
emergency and non-emergency situations.
(m) In the event of a release of hydraulic fracturing
fluid, a hydraulic fracturing additive, or hydraulic
fracturing flowback, and when necessary to protect public
health or the environment, the Department may disclose
information furnished under a claim of trade secret to the
relevant county public health director or emergency manager,
the relevant fire department chief, the Director of the
Illinois Department of Public Health, the Director of the
Illinois Department of Agriculture, and the Director of the
Illinois Environmental Protection Agency upon request by that
individual. The Director of the Illinois Department of Public
Health, and the Director of the Illinois Environmental
Protection Agency, and the Director of the Illinois Department

of Agriculture may disclose this information to staff members
under the same terms and conditions as apply to the Director of
Natural Resources. Except as otherwise provided in this
Section, any recipient of the information shall not use the
information for purposes other than to protect public health
or the environment and shall otherwise maintain the
information as confidential. Information disclosed to staff
shall in no way be construed as publicly available. The holder
of the trade secret information may request a confidentiality
agreement consistent with the requirements of this Section
from all persons to whom the information is disclosed as soon
as circumstances permit.
(Source: P.A. 98-22, eff. 6-17-13; revised 7-16-21.)
Section 160. The Sports Wagering Act is amended by
changing Section 25-90 as follows:
(230 ILCS 45/25-90)
Sec. 25-90. Tax; Sports Wagering Fund.
(a) For the privilege of holding a license to operate
sports wagering under this Act, this State shall impose and
collect 15% of a master sports wagering licensee's adjusted
gross sports wagering receipts from sports wagering. The
accrual method of accounting shall be used for purposes of
calculating the amount of the tax owed by the licensee.
The taxes levied and collected pursuant to this subsection

(a) are due and payable to the Board no later than the last day
of the month following the calendar month in which the
adjusted gross sports wagering receipts were received and the
tax obligation was accrued.
(a-5) In addition to the tax imposed under subsection (a)
of this Section, for the privilege of holding a license to
operate sports wagering under this Act, the State shall impose
and collect 2% of the adjusted gross receipts from sports
wagers that are placed within a home rule county with a
population of over 3,000,000 inhabitants, which shall be paid,
subject to appropriation from the General Assembly, from the
Sports Wagering Fund to that home rule county for the purpose
of enhancing the county's criminal justice system.
(b) The Sports Wagering Fund is hereby created as a
special fund in the State treasury. Except as otherwise
provided in this Act, all moneys collected under this Act by
the Board shall be deposited into the Sports Wagering Fund. On
the 25th of each month, any moneys remaining in the Sports
Wagering Fund in excess of the anticipated monthly
expenditures from the Fund through the next month, as
certified by the Board to the State Comptroller, shall be
transferred by the State Comptroller and the State Treasurer
to the Capital Projects Fund.
(c) Beginning with July 2021, and on a monthly basis
thereafter, the Board shall certify to the State Comptroller
the amount of license fees collected in the month for initial

licenses issued under this Act, except for occupational
licenses. As soon after certification as practicable, the
State Comptroller shall direct and the State Treasurer shall
transfer the certified amount from the Sports Wagering Fund to
the Rebuild Illinois Projects Fund.
(Source: P.A. 101-31, eff. 6-28-19; 102-16, eff. 6-17-21;
revised 7-16-21.)
Section 165. The Illinois Public Aid Code is amended by
changing Sections 5-5.7a and 5-5e as follows:
(305 ILCS 5/5-5.7a)
Sec. 5-5.7a. Pandemic related stability payments for
health care providers. Notwithstanding other provisions of
law, and in accordance with the Illinois Emergency Management
Agency, the Department of Healthcare and Family Services shall
develop a process to distribute pandemic related stability
payments, from federal sources dedicated for such purposes, to
health care providers that are providing care to recipients
under the Medical Assistance Program. For provider types
serving residents who are recipients of medical assistance
under this Code and are funded by other State agencies, the
Department will coordinate the distribution process of the
pandemic related stability payments. Federal sources dedicated
to pandemic related payments include, but are not limited to,
funds distributed to the State of Illinois from the

Coronavirus Relief Fund pursuant to the Coronavirus Aid,
Relief, and Economic Security Act ("CARES Act") and from the
Coronavirus State Fiscal Recovery Fund pursuant to Section
9901 of the American Rescue Plan Act of 2021, that are
appropriated to the Department during Fiscal Years 2020, 2021,
and 2022 for purposes permitted by those federal laws and
related federal guidance.
(1) Pandemic related stability payments for these
providers shall be separate and apart from any rate
methodology otherwise defined in this Code to the extent
permitted in accordance with Section 5001 of the CARES Act
and Section 9901 of the American Rescue Plan Act of 2021
and any related federal guidance.
(2) Payments made from moneys received from the
Coronavirus Relief Fund shall be used exclusively for
expenses incurred by the providers that are eligible for
reimbursement from the Coronavirus Relief Fund in
accordance with Section 5001 of the CARES Act and related
federal guidance. Payments made from moneys received from
the Coronavirus State Fiscal Recovery Fund shall be used
exclusively for purposes permitted by Section 9901 of the
American Rescue Plan Act of 2021 and related federal
guidance.
(3) All providers receiving pandemic related stability
payments shall attest in a format to be created by the
Department and be able to demonstrate that their expenses

are pandemic related, were not part of their annual
budgets established before March 1, 2020, and are directly
associated with health care needs.
(4) Pandemic related stability payments will be
distributed based on a schedule and framework to be
established by the Department with recognition of the
pandemic related acuity of the situation for each
provider, taking into account the factors including, but
not limited to, the following: ;
(A) the impact of the pandemic on patients served,
impact on staff, and shortages of the personal
protective equipment necessary for infection control
efforts for all providers;
(B) COVID-19 positivity rates among staff, or
patients, or both;
(C) pandemic related workforce challenges and
costs associated with temporary wage increases
associated with pandemic related hazard pay programs,
or costs associated with which providers do not have
enough staff to adequately provide care and protection
to the residents and other staff;
(D) providers with significant reductions in
utilization that result in corresponding reductions in
revenue as a result of the pandemic, including, but
not limited to, the cancellation or postponement of
elective procedures and visits;

(E) pandemic related payments received directly by
the providers through other federal resources;
(F) current efforts to respond to and provide
services to communities disproportionately impacted by
the COVID-19 public health emergency, including
low-income and socially vulnerable communities that
have seen the most severe health impacts and
exacerbated health inequities along racial, ethnic,
and socioeconomic lines; and
(G) provider needs for capital improvements to
existing facilities, including upgrades to HVAC and
ventilation systems and capital improvements for
enhancing infection control or reducing crowding,
which may include bed-buybacks.
(5) Pandemic related stability payments made from
moneys received from the Coronavirus Relief Fund will be
distributed to providers based on a methodology to be
administered by the Department with amounts determined by
a calculation of total federal pandemic related funds
appropriated by the Illinois General Assembly for this
purpose. Providers receiving the pandemic related
stability payments will attest to their increased costs,
declining revenues, and receipt of additional pandemic
related funds directly from the federal government.
(6) Of the payments provided for by this Section made
from moneys received from the Coronavirus Relief Fund, a

minimum of 30% shall be allotted for health care providers
that serve the ZIP codes located in the most
disproportionately impacted areas of Illinois, based on
positive COVID-19 cases based on data collected by the
Department of Public Health and provided to the Department
of Healthcare and Family Services.
(7) From funds appropriated, directly or indirectly,
from moneys received by the State from the Coronavirus
State Fiscal Recovery Fund for Fiscal Years 2021 and 2022,
the Department shall expend such funds only for purposes
permitted by Section 9901 of the American Rescue Plan Act
of 2021 and related federal guidance. Such expenditures
may include, but are not limited to: payments to providers
for costs incurred due to the COVID-19 public health
emergency; unreimbursed costs for testing and treatment of
uninsured Illinois residents; costs of COVID-19 mitigation
and prevention; medical expenses related to aftercare or
extended care for COVID-19 patients with longer term
symptoms and effects; costs of behavioral health care;
costs of public health and safety staff; and expenditures
permitted in order to address (i) disparities in public
health outcomes, (ii) nursing and other essential health
care workforce investments, (iii) exacerbation of
pre-existing disparities, and (iv) promoting healthy
childhood environments.
(8) From funds appropriated, directly or indirectly,

from moneys received by the State from the Coronavirus
State Fiscal Recovery Fund for Fiscal Years 2022 and 2023,
the Department shall establish a program for making
payments to long term care service providers and
facilities, for purposes related to financial support for
workers in the long term care industry, but only as
permitted by either the CARES Act or Section 9901 of the
American Rescue Plan Act of 2021 and related federal
guidance, including, but not limited to the following:
monthly amounts of $25,000,000 per month for July 2021,
August 2021, and September 2021 where at least 50% of the
funds in July shall be passed directly to front line
workers and an additional 12.5% more in each of the next 2
months; financial support programs for providers enhancing
direct care staff recruitment efforts through the payment
of education expenses; and financial support programs for
providers offering enhanced and expanded training for all
levels of the long term care healthcare workforce to
achieve better patient outcomes, such as training on
infection control, proper personal protective equipment,
best practices in quality of care, and culturally
competent patient communications. The Department shall
have the authority to audit and potentially recoup funds
not utilized as outlined and attested.
(9) From funds appropriated, directly or indirectly,
from moneys received by the State from the Coronavirus

State Fiscal Recovery Fund for Fiscal Years 2022 through
2024 the Department shall establish a program for making
payments to facilities licensed under the Nursing Home
Care Act and facilities licensed under the Specialized
Mental Health Rehabilitation Act of 2013. To the extent
permitted by Section 9901 of the American Rescue Plan Act
of 2021 and related federal guidance, the program shall
provide payments for making permanent improvements to
resident rooms in order to improve resident outcomes and
infection control. Funds may be used to reduce bed
capacity and room occupancy. To be eligible for funding, a
facility must submit an application to the Department as
prescribed by the Department and as published on its
website. A facility may need to receive approval from the
Health Facilities and Services Review Board for the
permanent improvements or the removal of the beds before
it can receive payment under this paragraph.
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
revised 7-16-21.)
(305 ILCS 5/5-5e)
Sec. 5-5e. Adjusted rates of reimbursement.
(a) Rates or payments for services in effect on June 30,
2012 shall be adjusted and services shall be affected as
required by any other provision of Public Act 97-689. In
addition, the Department shall do the following:

(1) Delink the per diem rate paid for supportive
living facility services from the per diem rate paid for
nursing facility services, effective for services provided
on or after May 1, 2011 and before July 1, 2019.
(2) Cease payment for bed reserves in nursing
facilities and specialized mental health rehabilitation
facilities; for purposes of therapeutic home visits for
individuals scoring as TBI on the MDS 3.0, beginning June
1, 2015, the Department shall approve payments for bed
reserves in nursing facilities and specialized mental
health rehabilitation facilities that have at least a 90%
occupancy level and at least 80% of their residents are
Medicaid eligible. Payment shall be at a daily rate of 75%
of an individual's current Medicaid per diem and shall not
exceed 10 days in a calendar month.
(2.5) Cease payment for bed reserves for purposes of
inpatient hospitalizations to intermediate care facilities
for persons with developmental disabilities, except in the
instance of residents who are under 21 years of age.
(3) Cease payment of the $10 per day add-on payment to
nursing facilities for certain residents with
developmental disabilities.
(b) After the application of subsection (a),
notwithstanding any other provision of this Code to the
contrary and to the extent permitted by federal law, on and
after July 1, 2012, the rates of reimbursement for services

and other payments provided under this Code shall further be
reduced as follows:
(1) Rates or payments for physician services, dental
services, or community health center services reimbursed
through an encounter rate, and services provided under the
Medicaid Rehabilitation Option of the Illinois Title XIX
State Plan shall not be further reduced, except as
provided in Section 5-5b.1.
(2) Rates or payments, or the portion thereof, paid to
a provider that is operated by a unit of local government
or State University that provides the non-federal share of
such services shall not be further reduced, except as
provided in Section 5-5b.1.
(3) Rates or payments for hospital services delivered
by a hospital defined as a Safety-Net Hospital under
Section 5-5e.1 of this Code shall not be further reduced,
except as provided in Section 5-5b.1.
(4) Rates or payments for hospital services delivered
by a Critical Access Hospital, which is an Illinois
hospital designated as a critical care hospital by the
Department of Public Health in accordance with 42 CFR 485,
Subpart F, shall not be further reduced, except as
provided in Section 5-5b.1.
(5) Rates or payments for Nursing Facility Services
shall only be further adjusted pursuant to Section 5-5.2
of this Code.

(6) Rates or payments for services delivered by long
term care facilities licensed under the ID/DD Community
Care Act or the MC/DD Act and developmental training
services shall not be further reduced.
(7) Rates or payments for services provided under
capitation rates shall be adjusted taking into
consideration the rates reduction and covered services
required by Public Act 97-689.
(8) For hospitals not previously described in this
subsection, the rates or payments for hospital services
provided before July 1, 2021, shall be further reduced by
3.5%, except for payments authorized under Section 5A-12.4
of this Code. For hospital services provided on or after
July 1, 2021, all rates for hospital services previously
reduced pursuant to Public Act P.A. 97-689 shall be
increased to reflect the discontinuation of any hospital
rate reductions authorized in this paragraph (8).
(9) For all other rates or payments for services
delivered by providers not specifically referenced in
paragraphs (1) through (7), rates or payments shall be
further reduced by 2.7%.
(c) Any assessment imposed by this Code shall continue and
nothing in this Section shall be construed to cause it to
cease.
(d) Notwithstanding any other provision of this Code to
the contrary, subject to federal approval under Title XIX of

the Social Security Act, for dates of service on and after July
1, 2014, rates or payments for services provided for the
purpose of transitioning children from a hospital to home
placement or other appropriate setting by a children's
community-based health care center authorized under the
Alternative Health Care Delivery Act shall be $683 per day.
(e) (Blank).
(f) (Blank).
(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
102-16, eff. 6-17-21; revised 7-16-21.)
Section 170. The Cannabis Regulation and Tax Act is
amended by changing Section 55-28 as follows:
(410 ILCS 705/55-28)
Sec. 55-28. Restricted cannabis zones.
(a) As used in this Section:
"Legal voter" means a person:
(1) who is duly registered to vote in a municipality
with a population of over 500,000;
(2) whose name appears on a poll list compiled by the
city board of election commissioners since the last
preceding election, regardless of whether the election was
a primary, general, or special election;
(3) who, at the relevant time, is a resident of the
address at which he or she is registered to vote; and

(4) whose address, at the relevant time, is located in
the precinct where such person seeks to file a notice of
intent to initiate a petition process, circulate a
petition, or sign a petition under this Section.
As used in the definition of "legal voter", "relevant
time" means any time that:
(i) a notice of intent is filed, pursuant to
subsection (c) of this Section, to initiate the petition
process under this Section;
(ii) the petition is circulated for signature in the
applicable precinct; or
(iii) the petition is signed by registered voters in
the applicable precinct.
"Petition" means the petition described in this Section.
"Precinct" means the smallest constituent territory within
a municipality with a population of over 500,000 in which
electors vote as a unit at the same polling place in any
election governed by the Election Code.
"Restricted cannabis zone" means a precinct within which
home cultivation, one or more types of cannabis business
establishments, or both has been prohibited pursuant to an
ordinance initiated by a petition under this Section.
(b) The legal voters of any precinct within a municipality
with a population of over 500,000 may petition their local
alderperson, using a petition form made available online by
the city clerk, to introduce an ordinance establishing the

precinct as a restricted zone. Such petition shall specify
whether it seeks an ordinance to prohibit, within the
precinct: (i) home cultivation; (ii) one or more types of
cannabis business establishments; or (iii) home cultivation
and one or more types of cannabis business establishments.
Upon receiving a petition containing the signatures of at
least 25% of the registered voters of the precinct, and
concluding that the petition is legally sufficient following
the posting and review process in subsection (c) of this
Section, the city clerk shall notify the local alderperson of
the ward in which the precinct is located. Upon being
notified, that alderperson, following an assessment of
relevant factors within the precinct, including, but not
limited to, its geography, density and character, the
prevalence of residentially zoned property, current licensed
cannabis business establishments in the precinct, the current
amount of home cultivation in the precinct, and the prevailing
viewpoint with regard to the issue raised in the petition, may
introduce an ordinance to the municipality's governing body
creating a restricted cannabis zone in that precinct.
(c) A person seeking to initiate the petition process
described in this Section shall first submit to the city clerk
notice of intent to do so, on a form made available online by
the city clerk. That notice shall include a description of the
potentially affected area and the scope of the restriction
sought. The city clerk shall publicly post the submitted

notice online.
To be legally sufficient, a petition must contain the
requisite number of valid signatures and all such signatures
must be obtained within 90 days of the date that the city clerk
publicly posts the notice of intent. Upon receipt, the city
clerk shall post the petition on the municipality's website
for a 30-day comment period. The city clerk is authorized to
take all necessary and appropriate steps to verify the legal
sufficiency of a submitted petition. Following the petition
review and comment period, the city clerk shall publicly post
online the status of the petition as accepted or rejected, and
if rejected, the reasons therefor. If the city clerk rejects a
petition as legally insufficient, a minimum of 12 months must
elapse from the time the city clerk posts the rejection notice
before a new notice of intent for that same precinct may be
submitted.
(c-5) Within 3 days after receiving an application for
zoning approval to locate a cannabis business establishment
within a municipality with a population of over 500,000, the
municipality shall post a public notice of the filing on its
website and notify the alderperson alderman of the ward in
which the proposed cannabis business establishment is to be
located of the filing. No action shall be taken on the zoning
application for 7 business days following the notice of the
filing for zoning approval.
If a notice of intent to initiate the petition process to

prohibit the type of cannabis business establishment proposed
in the precinct of the proposed cannabis business
establishment is filed prior to the filing of the application
or within the 7-day period after the filing of the
application, the municipality shall not approve the
application for at least 90 days after the city clerk publicly
posts the notice of intent to initiate the petition process.
If a petition is filed within the 90-day petition-gathering
period described in subsection (c), the municipality shall not
approve the application for an additional 90 days after the
city clerk's receipt of the petition; provided that if the
city clerk rejects a petition as legally insufficient, the
municipality may approve the application prior to the end of
the 90 days. If a petition is not submitted within the 90-day
petition-gathering period described in subsection (c), the
municipality may approve the application unless the approval
is otherwise stayed pursuant to this subsection by a separate
notice of intent to initiate the petition process filed timely
within the 7-day period.
If no legally sufficient petition is timely filed, a
minimum of 12 months must elapse before a new notice of intent
for that same precinct may be submitted.
(d) Notwithstanding any law to the contrary, the
municipality may enact an ordinance creating a restricted
cannabis zone. The ordinance shall:
(1) identify the applicable precinct boundaries as of

the date of the petition;
(2) state whether the ordinance prohibits within the
defined boundaries of the precinct, and in what
combination: (A) one or more types of cannabis business
establishments; or (B) home cultivation;
(3) be in effect for 4 years, unless repealed earlier;
and
(4) once in effect, be subject to renewal by ordinance
at the expiration of the 4-year period without the need
for another supporting petition.
(e) An Early Approval Adult Use Dispensing Organization
License permitted to relocate under subsection (b-5) of
Section 15-15 shall not relocate to a restricted cannabis
zone.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-15, eff. 6-17-21; 102-98, eff. 7-15-21; revised 8-3-21.)
Section 175. The Reimagine Public Safety Act is amended by
changing Section 35-10 as follows:
(430 ILCS 69/35-10)
Sec. 35-10. Definitions. As used in this Act:
"Approved technical assistance and training provider"
means an organization that has experience in improving the
outcomes of local community-based organizations by providing
supportive services that address the gaps in their resources

and knowledge about content-based work or provide support and
knowledge about the administration and management of
organizations, or both. Approved technical assistance and
training providers as defined in this Act are intended to
assist community organizations with evaluating the need for
evidence-based evidenced-based violence prevention services,
promising violence prevention programs, starting up
programming, and strengthening the quality of existing
programming.
"Communities" means, for municipalities with a 1,000,000
or more population in Illinois, the 77 designated areas
defined by the University of Chicago Social Science Research
Committee as amended in 1980.
"Concentrated firearm violence" means the 17 most violent
communities in Illinois municipalities greater than one
million residents and the 10 most violent municipalities with
less than 1,000,000 residents and greater than 25,000
residents with the most per capita firearm-shot incidents from
January 1, 2016 through December 31, 2020.
"Criminal justice-involved" means an individual who has
been arrested, indicted, convicted, adjudicated delinquent, or
otherwise detained by criminal justice authorities for
violation of Illinois criminal laws.
"Evidence-based high-risk youth intervention services"
means programs that reduce involvement in the criminal justice
system, increase school attendance, and refer high-risk teens

into therapeutic programs that address trauma recovery and
other mental health improvements based on best practices in
the youth intervention services field.
"Evidence-based Evidenced-based violence prevention
services" means coordinated programming and services that may
include, but are not limited to, effective emotional or trauma
related therapies, housing, employment training, job
placement, family engagement, or wrap-around support services
that are considered to be best practice for reducing violence
within the field of violence intervention research and
practice.
"Evidence-based youth development programs" means
after-school and summer programming that provides services to
teens to increase their school attendance, school performance,
reduce involvement in the criminal justice system, and develop
nonacademic interests that build social emotional persistence
and intelligence based on best practices in the field of youth
development services for high-risk youth.
"Options school" means a secondary school where 75% or
more of attending students have either stopped attending or
failed their secondary school courses since first attending
ninth grade.
"Qualified violence prevention organization" means an
organization that manages and employs qualified violence
prevention professionals.
"Qualified violence prevention professional" means a

community health worker who renders violence preventive
services.
"Social organization" means an organization of individuals
who form the organization for the purposes of enjoyment, work,
and other mutual interests.
(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)
Section 180. The Judicial Districts Act of 2021 is amended
by changing Section 5 as follows:
(705 ILCS 23/5)
Sec. 5. Legislative intent. The intent of this Act is to
redraw the Judicial Districts to meet the requirements of the
Illinois Constitution of 1970 by providing that outside of the
First District the State "shall be divided by law into four
Judicial Districts of substantially equal population, each of
which shall be compact and composed of contiguous counties."
Section 2 of Article VI of the Illinois Constitution of
1970 divides the State into five Judicial Districts for the
selection of Supreme and Appellate Court Judges, with Cook
County comprising the First District and the remainder of the
State "divided by law into four Judicial Districts of
substantially equal population, each of which shall be compact
and composed of contiguous counties." Further, Section 7 of
Article VI provides that a Judicial Circuit must be located
within one Judicial District, and also provides the First

Judicial District is comprised of a judicial circuit and the
remainder provided by law, subject to the requirement that
Circuits composed of more than one county shall be compact and
of contiguous counties. The current Judicial District map was
enacted in 1963.
The current Judicial Districts do not meet the
Constitution's requirement that four Districts other than the
First District be of "substantially equal population." Using
the American Community Survey data available at the time this
Act is enacted, the population of the current First District
is 5,198,212; the Second District is 3,204,960; the Third
District is 1,782,863; the Fourth District is 1,299,747; and
the Fifth District is 1,284,757.
Under this redistricting plan, the population, according
to the American Community Survey, of the Second District will
be 1,770,983; the Third District will be 1,950,349; the Fourth
District will be 2,011,316; and the Fifth District will be
1,839,679. A similar substantially equitable result occurs
using the 2010 U.S. Census data, the most recent decennial
census data available at the time of this Act, with the
population of the Second District being approximately
1,747,387; the Third District being 1,936,616; the Fourth
District being 2,069,660; and the Fifth District being
1,882,294. Because of the constitutional requirement that a
District be composed of whole counties, and given that actual
population changes on a day-to-day basis, the populations are

not and could never be exact, but the population of each of the
four Districts created by this Act is substantially equal.
In addition to ensuring the population of the four
Districts are substantially equal, this Act complies with
Section 7 of Article VI of the Illinois Constitution of 1970,
which provides that the First Judicial District shall be
comprised of a Judicial Circuit, and the remaining Judicial
Circuits shall be provided by law, and Circuits comprised of
more than one county shall be compact and of contiguous
counties. To comply with Section 7 of Article VI and minimize
disruption to the administration of the Judicial Branch, this
Act avoids changing the compositions and boundaries of the
Judicial Circuits, while simultaneously creating substantially
equally populated, compact, and contiguous Judicial Districts.
To further avoid any interruption to the administration of
the Judicial Branch, this Act does not require that the
Supreme Court change where the Appellate Courts currently
reside. By Supreme Court Rule, the Second District Appellate
Court currently sits in Elgin; the Third District Appellate
Court currently sits in Ottawa; the Fourth District Appellate
Court currently sits in Springfield; and the Fifth District
Appellate Court currently sits in Mt. Vernon. Under this Act,
the Supreme Court is not required to change where the
Appellate Courts sit as those cities remain in the Second,
Third, Fourth, and Fifth District respectively.
To ensure continuity of service and compliance with the

Illinois Constitution of 1970, nothing in this Act is intended
to affect the tenure of any Appellate or Supreme Court Judge
elected or appointed prior to the effective date of this Act.
In accordance with the Constitution, no change in the
boundaries shall affect an incumbent judge's qualification for
office or right to run for retention. Incumbent judges have
the right to run for retention in the counties comprising the
District that elected the judge, or in the counties comprising
the new District where the judge resides, as the judge may
elect. As provided by the Constitution, upon a vacancy in an
elected Supreme or Appellate Court office, the Supreme Court
may fill the vacancy until the vacancy is filled in the next
general election in the counties comprising the District
created by this Act.
Further, nothing in this Act is intended to alter or
impair the ability of the Supreme Court to fulfill its
obligations to ensure the proper administration of the
Judicial Branch. For example, it remains within the purview of
the Supreme Court to assign or reassign any judge to any court
or determine assignment of additional judges to the Appellate
Court. Section 1 of the Appellate Act provides that the
"Supreme Court may assign additional judges to service in the
Appellate Court from time to time as the business of the
Appellate Court requires." Currently the Supreme Court has
three judges on assignment to the Second District Appellate
Court, whereas one judge is on assignment to the Third,

Fourth, and Fifth Districts. Nothing in this Act seeks to
alter any judicial assignments.
Finally, it is the intent of the General Assembly that any
appealable order, as defined by Supreme Court Rules, entered
prior to the effective date of this Act shall be subject to
judicial review by the Judicial District in effect on the date
the order was entered; however, the administrative and
supervisory authority of the courts remains within the purview
of the Supreme Court.
(Source: P.A. 102-11, eff. 6-4-21; revised 7-15-21.)
Section 185. The Criminal Code of 2012 is amended by
changing Sections 7-5 and 7-5.5 as follows:
(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
Sec. 7-5. Peace officer's use of force in making arrest.
(a) A peace officer, or any person whom he has summoned or
directed to assist him, need not retreat or desist from
efforts to make a lawful arrest because of resistance or
threatened resistance to the arrest. He is justified in the
use of any force which he reasonably believes, based on the
totality of the circumstances, to be necessary to effect the
arrest and of any force which he reasonably believes, based on
the totality of the circumstances, to be necessary to defend
himself or another from bodily harm while making the arrest.
However, he is justified in using force likely to cause death

or great bodily harm only when: (i) he reasonably believes,
based on the totality of the circumstances, that such force is
necessary to prevent death or great bodily harm to himself or
such other person; or (ii) when he reasonably believes, based
on the totality of the circumstances, both that:
(1) Such force is necessary to prevent the arrest from
being defeated by resistance or escape and the officer
reasonably believes that the person to be arrested is
likely to cause great bodily harm to another; and
(2) The person to be arrested committed or attempted a
forcible felony which involves the infliction or
threatened infliction of great bodily harm or is
attempting to escape by use of a deadly weapon, or
otherwise indicates that he will endanger human life or
inflict great bodily harm unless arrested without delay.
As used in this subsection, "retreat" does not mean
tactical repositioning or other de-escalation tactics.
A peace officer is not justified in using force likely to
cause death or great bodily harm when there is no longer an
imminent threat of great bodily harm to the officer or
another.
(a-5) Where feasible, a peace officer shall, prior to the
use of force, make reasonable efforts to identify himself or
herself as a peace officer and to warn that deadly force may be
used.
(a-10) A peace officer shall not use deadly force against

a person based on the danger that the person poses to himself
or herself if a an reasonable officer would believe the person
does not pose an imminent threat of death or great bodily harm
to the peace officer or to another person.
(a-15) A peace officer shall not use deadly force against
a person who is suspected of committing a property offense,
unless that offense is terrorism or unless deadly force is
otherwise authorized by law.
(b) A peace officer making an arrest pursuant to an
invalid warrant is justified in the use of any force which he
would be justified in using if the warrant were valid, unless
he knows that the warrant is invalid.
(c) The authority to use physical force conferred on peace
officers by this Article is a serious responsibility that
shall be exercised judiciously and with respect for human
rights and dignity and for the sanctity of every human life.
(d) Peace officers shall use deadly force only when
reasonably necessary in defense of human life. In determining
whether deadly force is reasonably necessary, officers shall
evaluate each situation in light of the totality of
circumstances of each case, including, but not limited to, the
proximity in time of the use of force to the commission of a
forcible felony, and the reasonable feasibility of safely
apprehending a subject at a later time, and shall use other
available resources and techniques, if reasonably safe and
feasible to a reasonable officer.

(e) The decision by a peace officer to use force shall be
evaluated carefully and thoroughly, in a manner that reflects
the gravity of that authority and the serious consequences of
the use of force by peace officers, in order to ensure that
officers use force consistent with law and agency policies.
(f) The decision by a peace officer to use force shall be
evaluated from the perspective of a reasonable officer in the
same situation, based on the totality of the circumstances
known to or perceived by the officer at the time of the
decision, rather than with the benefit of hindsight, and that
the totality of the circumstances shall account for occasions
when officers may be forced to make quick judgments about
using force.
(g) Law enforcement agencies are encouraged to adopt and
develop policies designed to protect individuals with
physical, mental health, developmental, or intellectual
disabilities, or individuals who are significantly more likely
to experience greater levels of physical force during police
interactions, as these disabilities may affect the ability of
a person to understand or comply with commands from peace
officers.
(h) As used in this Section:
(1) "Deadly force" means any use of force that creates
a substantial risk of causing death or great bodily harm,
including, but not limited to, the discharge of a firearm.
(2) A threat of death or serious bodily injury is

"imminent" when, based on the totality of the
circumstances, a reasonable officer in the same situation
would believe that a person has the present ability,
opportunity, and apparent intent to immediately cause
death or great bodily harm to the peace officer or another
person. An imminent harm is not merely a fear of future
harm, no matter how great the fear and no matter how great
the likelihood of the harm, but is one that, from
appearances, must be instantly confronted and addressed.
(3) "Totality of the circumstances" means all facts
known to the peace officer at the time, or that would be
known to a reasonable officer in the same situation,
including the conduct of the officer and the subject
leading up to the use of deadly force.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 8-2-21.)
(720 ILCS 5/7-5.5)
Sec. 7-5.5. Prohibited use of force by a peace officer.
(a) A peace officer, or any other person acting under the
color of law, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation in the performance of his
or her duties, unless deadly force is justified under this
Article 7 of this Code.
(b) A peace officer, or any other person acting under the
color of law, shall not use a chokehold or restraint above the

shoulders with risk of asphyxiation, or any lesser contact
with the throat or neck area of another, in order to prevent
the destruction of evidence by ingestion.
(c) As used in this Section, "chokehold" means applying
any direct pressure to the throat, windpipe, or airway of
another. "Chokehold" does not include any holding involving
contact with the neck that is not intended to reduce the intake
of air such as a headlock where the only pressure applied is to
the head.
(d) As used in this Section, "restraint above the
shoulders with risk of positional asphyxiation" means a use of
a technique used to restrain a person above the shoulders,
including the neck or head, in a position which interferes
with the person's ability to breathe after the person no
longer poses a threat to the officer or any other person.
(e) A peace officer, or any other person acting under the
color of law, shall not:
(i) use force as punishment or retaliation;
(ii) discharge kinetic impact projectiles and all
other non-lethal or non-or less-lethal projectiles in a
manner that targets the head, neck, groin, anterior
pelvis, or back;
(iii) discharge conducted electrical weapons in a
manner that targets the head, chest, neck, groin, or
anterior pelvis;
(iv) discharge firearms or kinetic impact projectiles

indiscriminately into a crowd;
(v) use chemical agents or irritants for crowd
control, including pepper spray and tear gas, prior to
issuing an order to disperse in a sufficient manner to
allow for the order to be heard and repeated if necessary,
followed by sufficient time and space to allow compliance
with the order unless providing such time and space would
unduly place an officer or another person at risk of death
or great bodily harm; or
(vi) use chemical agents or irritants, including
pepper spray and tear gas, prior to issuing an order in a
sufficient manner to ensure the order is heard, and
repeated if necessary, to allow compliance with the order
unless providing such time and space would unduly place an
officer or another person at risk of death or great bodily
harm.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 8-2-21.)
Section 190. The State's Attorneys Appellate Prosecutor's
Act is amended by changing Section 3 as follows:
(725 ILCS 210/3) (from Ch. 14, par. 203)
Sec. 3. There is created the Office of the State's
Attorneys Appellate Prosecutor as a judicial agency of State
state government.

(a) The Office of the State's Attorneys Appellate
Prosecutor shall be governed by a board of governors which
shall consist of 10 members as follows:
(1) Eight State's Attorneys, 2 to be elected from each
District containing less than 3,000,000 inhabitants;
(2) The State's Attorney of Cook County or his or her
designee; and
(3) One State's Attorney to be bi-annually appointed
by the other 9 members.
(b) Voting for elected members shall be by District with
each of the State's Attorneys voting from their respective
district. Each board member must be duly elected or appointed
and serving as State's Attorney in the district from which he
was elected or appointed.
(c) Elected members shall serve for a term of 2 years
commencing upon their election and until their successors are
duly elected or appointed and qualified.
(d) A bi-annual An bi-annually election of members of the
board shall be held within 30 days prior or subsequent to the
beginning of the each odd numbered calendar year, and the
board shall certify the results to the Secretary of State.
(e) The board shall promulgate rules of procedure for the
election of its members and the conduct of its meetings and
shall elect a Chairman and a Vice-Chairman and such other
officers as it deems appropriate. The board shall meet at
least once every 3 months, and in addition thereto as directed

by the Chairman, or upon the special call of any 5 members of
the board, in writing, sent to the Chairman, designating the
time and place of the meeting.
(f) Five members of the board shall constitute a quorum
for the purpose of transacting business.
(g) Members of the board shall serve without compensation,
but shall be reimbursed for necessary expenses incurred in the
performance of their duties.
(h) A position shall be vacated by either a member's
resignation, removal or inability to serve as State's
Attorney.
(i) Vacancies on the board of elected members shall be
filled within 90 days of the occurrence of the vacancy by a
special election held by the State's Attorneys in the district
where the vacancy occurred. Vacancies on the board of the
appointed member shall be filled within 90 days of the
occurrence of the vacancy by a special election by the
members. In the case of a special election, the tabulation and
certification of the results may be conducted at any regularly
scheduled quarterly or special meeting called for that
purpose. A member elected or appointed to fill such position
shall serve for the unexpired term of the member whom he is
succeeding. Any member may be re-elected or re-appointed for
additional terms.
(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)

Section 195. The Unified Code of Corrections is amended by
changing Sections 3-2-5.5, 5-8-1, and 5-8A-4 as follows:
(730 ILCS 5/3-2-5.5)
Sec. 3-2-5.5. Women's Division.
(a) As used in this Section:
"Gender-responsive" means taking into account gender
specific differences that have been identified in
women-centered research, including, but not limited to,
socialization, psychological development, strengths, risk
factors, pathways through systems, responses to treatment
intervention, and other unique gender specific needs
facing justice-involved women. Gender responsive policies,
practices, programs, and services shall be implemented in
a manner that is considered relational, culturally
competent, family-centered, holistic, strength-based, and
trauma-informed.
"Trauma-informed practices" means practices
incorporating gender violence research and the impact of
all forms of trauma in designing and implementing
policies, practices, processes, programs, and services
that involve understanding, recognizing, and responding to
the effects of all types of trauma with emphasis on
physical, psychological, and emotional safety.
(b) The Department shall create a permanent Women's
Division under the direct supervision of the Director. The

Women's Division shall have statewide authority and
operational oversight for all of the Department's women's
correctional centers and women's adult transition centers.
(c) The Director shall appoint a Chief Administrator for
the Women's Division who has received nationally recognized
specialized training in gender-responsive and trauma-informed
practices. The Chief Administrator shall be responsible for:
(1) management and supervision of all employees
assigned to the Women's Division correctional centers and
adult transition centers;
(2) development and implementation of evidence-based
evidenced-based, gender-responsive, and trauma-informed
practices that govern Women's Division operations and
programs;
(3) development of the Women's Division training,
orientation, and cycle curriculum, which shall be updated
as needed to align with gender responsive and
trauma-informed practices;
(4) training all staff assigned to the Women's
Division correctional centers and adult transition centers
on gender-responsive and trauma-informed practices;
(5) implementation of validated gender-responsive
classification and placement instruments;
(6) implementation of a gender-responsive risk,
assets, and needs assessment tool and case management
system for the Women's Division; and

(7) collaborating with the Chief Administrator of
Parole to ensure staff responsible for supervision of
females under mandatory supervised release are
appropriately trained in evidence-based practices in
community supervision, gender-responsive practices, and
trauma-informed practices.
(Source: P.A. 100-527, eff. 6-1-18; 100-576, eff. 6-1-18;
revised 7-16-21.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subsection (b) or (b-5) of Section
9-1 of the Criminal Code of 1961 or the Criminal Code

of 2012 are present, the court may sentence the
defendant, subject to Section 5-4.5-105, to a term of
natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and:
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than
one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional

agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging

in activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d)(i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall
be added to the term of imprisonment imposed by the
court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment
imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is

convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of
subsection (b) of Section 12-13, subdivision (d)(2) of
Section 11-1.30 or paragraph (2) of subsection (d) of
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
paragraph (1.2) of subsection (b) of Section 12-14.1,
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
subsection (b) of Section 12-14.1 of the Criminal Code of
1961 or the Criminal Code of 2012, the sentence shall be a
term of natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8,
the parole or mandatory supervised release term shall be
written as part of the sentencing order and shall be as
follows:
(1) for first degree murder or for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or before December 12, 2005, 3 years;
(1.5) except as provided in paragraph (7) of this
subsection (d), for a Class X felony except for the
offenses of predatory criminal sexual assault of a child,
aggravated criminal sexual assault, and criminal sexual
assault if committed on or after December 13, 2005 (the
effective date of Public Act 94-715) and except for the

offense of aggravated child pornography under Section
11-20.1B., 11-20.3, or 11-20.1 with sentencing under
subsection (c-5) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 18 months;
(2) except as provided in paragraph (7) of this
subsection (d), for a Class 1 felony or a Class 2 felony
except for the offense of criminal sexual assault if
committed on or after December 13, 2005 (the effective
date of Public Act 94-715) and except for the offenses of
manufacture and dissemination of child pornography under
clauses (a)(1) and (a)(2) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 12 months;
(3) except as provided in paragraph (4), (6), or (7)
of this subsection (d), a mandatory supervised release
term shall not be imposed for a Class 3 felony or a Class 4
felony; unless:
(A) the Prisoner Review Board, based on a
validated risk and needs assessment, determines it is
necessary for an offender to serve a mandatory
supervised release term;
(B) if the Prisoner Review Board determines a
mandatory supervised release term is necessary
pursuant to subparagraph (A) of this paragraph (3),
the Prisoner Review Board shall specify the maximum

number of months of mandatory supervised release the
offender may serve, limited to a term of: (i) 12 months
for a Class 3 felony; and (ii) 12 months for a Class 4
felony;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after
December 13, 2005 (the effective date of Public Act
94-715) this amendatory Act of the 94th General Assembly,
or who commit the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of
the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years;

(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3-6-3 of the Unified Code of Corrections requiring an
inmate to serve a minimum of 85% of their court-imposed
sentence, except for the offenses of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, and criminal sexual assault if committed on or
after December 13, 2005 (the effective date of Public Act
94-715) and except for the offense of aggravated child
pornography under Section 11-20.1B., 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
if committed on or after January 1, 2009 and except as
provided in paragraph (4) or paragraph (6) of this
subsection (d), the term of mandatory supervised release
shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and
of Public Act 101-652: (i) the provisions of paragraph (3) of
subsection (d) are effective on January 1, 2022 and shall
apply to all individuals convicted on or after the effective

date of paragraph (3) of subsection (d); and (ii) the
provisions of paragraphs (1.5) and (2) of subsection (d) are
effective on July 1, 2021 and shall apply to all individuals
convicted on or after the effective date of paragraphs (1.5)
and (2) of subsection (d).
(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
102-28, eff. 6-25-21; revised 8-2-21.)
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic monitoring and home
detention program shall operate. When using electronic
monitoring for home detention these rules may include, but not
be limited to, the following:
(A) The participant may be instructed to remain within
the interior premises or within the property boundaries of
his or her residence at all times during the hours
designated by the supervising authority. Such instances of
approved absences from the home shall include, but are not
limited to, the following:
(1) working or employment approved by the court or
traveling to or from approved employment;
(2) unemployed and seeking employment approved for
the participant by the court;
(3) undergoing medical, psychiatric, mental health

treatment, counseling, or other treatment programs
approved for the participant by the court;
(4) attending an educational institution or a
program approved for the participant by the court;
(5) attending a regularly scheduled religious
service at a place of worship;
(6) participating in community work release or
community service programs approved for the
participant by the supervising authority; or
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority; or .
(8) purchasing groceries, food, or other basic
necessities.
(A-1) At a minimum, any person ordered to pretrial
home confinement with or without electronic monitoring
must be provided with movement spread out over no fewer
than two days per week, to participate in basic activities
such as those listed in paragraph (A).
(B) The participant shall admit any person or agent
designated by the supervising authority into his or her
residence at any time for purposes of verifying the
participant's compliance with the conditions of his or her
detention.
(C) The participant shall make the necessary
arrangements to allow for any person or agent designated

by the supervising authority to visit the participant's
place of education or employment at any time, based upon
the approval of the educational institution employer or
both, for the purpose of verifying the participant's
compliance with the conditions of his or her detention.
(D) The participant shall acknowledge and participate
with the approved electronic monitoring device as
designated by the supervising authority at any time for
the purpose of verifying the participant's compliance with
the conditions of his or her detention.
(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant's home,
or on the participant's person, or both; and
(3) a monitoring device in the participant's home
and on the participant's person in the absence of a
telephone.
(F) The participant shall obtain approval from the
supervising authority before the participant changes
residence or the schedule described in subsection (A) of
this Section. Such approval shall not be unreasonably
withheld.
(G) The participant shall not commit another crime
during the period of home detention ordered by the Court.
(H) Notice to the participant that violation of the
order for home detention may subject the participant to

prosecution for the crime of escape as described in
Section 5-8A-4.1.
(I) The participant shall abide by other conditions as
set by the supervising authority.
(J) This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 8-3-21.)
Section 200. The Reporting of Deaths in Custody Act is
amended by changing Section 3-5 as follows:
(730 ILCS 210/3-5)
Sec. 3-5. Report of deaths of persons in custody in
correctional institutions.
(a) In this Act, "law enforcement agency" includes each
law enforcement entity within this State having the authority
to arrest and detain persons suspected of, or charged with,
committing a criminal offense, and each law enforcement entity
that operates a lock up, jail, prison, or any other facility
used to detain persons for legitimate law enforcement
purposes.
(b) In any case in which a person dies:
(1) while in the custody of:
(A) a law enforcement agency;
(B) a local or State correctional facility in this
State; or

(C) a peace officer; or
(2) as a result of the peace officer's use of force,
the law enforcement agency shall investigate and report
the death in writing to the Illinois Criminal Justice
Information Authority, no later than 30 days after the
date on which the person in custody or incarcerated died.
The written report shall contain the following
information:
(A) the following facts concerning the death that
are in the possession of the law enforcement agency in
charge of the investigation and the correctional
facility where the death occurred, race, age, gender,
sexual orientation, and gender identity of the
decedent, and a brief description of causes,
contributing factors and the circumstances surrounding
the death;
(B) if the death occurred in custody, the report
shall also include the jurisdiction, the law
enforcement agency providing the investigation, and
the local or State facility where the death occurred;
(C) if the death occurred in custody the report
shall also include if emergency care was requested by
the law enforcement agency in response to any illness,
injury, self-inflicted or otherwise, or other issue
related to rapid deterioration of physical wellness or
human subsistence, and details concerning emergency

care that were provided to the decedent if emergency
care was provided.
(c) The law enforcement agency and the involved
correctional administrators shall make a good faith effort to
obtain all relevant facts and circumstances relevant to the
death and include those in the report.
(d) The Illinois Criminal Justice Information Authority
shall create a standardized form to be used for the purpose of
collecting information as described in subsection (b). The
information shall comply with this Act and the federal Federal
Death in Custody Reporting Act of 2013.
(e) Law enforcement agencies shall use the form described
in subsection (d) to report all cases in which a person dies:
(1) while in the custody of:
(A) a law enforcement agency;
(B) a local or State correctional facility in this
State; or
(C) a peace officer; or
(2) as a result of the peace officer's use of force.
(f) The Illinois Criminal Justice Information Authority
may determine the manner in which the form is transmitted from
a law enforcement agency to the Illinois Criminal Justice
Information Authority. All state agencies that collect similar
records as required under this Act, including the Illinois
State Police, Illinois Department of Corrections, and Illinois
Department of Juvenile Justice, shall collaborate with the

Illinois Criminal Justice and Information Authority to collect
the information in this Act.
(g) The reports shall be public records within the meaning
of subsection (c) of Section 2 of the Freedom of Information
Act and are open to public inspection, with the exception of
any portion of the report that the Illinois Criminal Justice
Information Authority determines is privileged or protected
under Illinois or federal law.
(g-5) The Illinois Criminal Justice Information Authority
shall begin collecting this information by January 1, 2022.
The reports and publications in subsections (h) and below
shall begin by June 1, 2022.
(h) The Illinois Criminal Justice Information Authority
shall make available to the public information of all
individual reports relating to deaths in custody through the
Illinois Criminal Justice Information Authority's website to
be updated on a quarterly basis.
(i) The Illinois Criminal Justice Information Authority
shall issue a public annual report tabulating and evaluating
trends and information on deaths in custody, including, but
not limited to:
(1) information regarding the race, gender, sexual
orientation, and gender identity of the decedent; and a
brief description of the circumstances surrounding the
death;
(2) if the death occurred in custody, the report shall

also include the jurisdiction, law enforcement agency
providing the investigation, and local or State facility
where the death occurred; and
(3) recommendations and State and local efforts
underway to reduce deaths in custody.
The report shall be submitted to the Governor and General
Assembly and made available to the public on the Illinois
Criminal Justice Information Authority's website the first
week of February of each year.
(j) So that the State may oversee the healthcare provided
to any person in the custody of each law enforcement agency
within this State, provision of medical services to these
persons, general care and treatment, and any other factors
that may contribute to the death of any of these persons, the
following information shall be made available to the public on
the Illinois Criminal Justice Information Authority's website:
(1) the number of deaths that occurred during the
preceding calendar year;
(2) the known, or discoverable upon reasonable
inquiry, causes and contributing factors of each of the
in-custody deaths as defined in subsection (b); and
(3) the law enforcement agency's policies, procedures,
and protocols related to:
(A) treatment of a person experiencing withdrawal
from alcohol or substance use;
(B) the facility's provision, or lack of

provision, of medications used to treat, mitigate, or
address a person's symptoms; and
(C) notifying an inmate's next of kin after the
inmate's in-custody death.
(k) The family, next of kin, or any other person
reasonably nominated by the decedent as an emergency contact
shall be notified as soon as possible in a suitable manner
giving an accurate factual account of the cause of death and
circumstances surrounding the death in custody in accordance
with State and federal law.
(l) The law enforcement agency or correctional facility
shall name a staff person to act as dedicated family liaison
officer to be a point of contact for the family, to make and
maintain contact with the family, to report ongoing
developments and findings of investigations, and to provide
information and practical support. If requested by the
deceased's next of kin, the law enforcement agency or
correctional facility shall arrange for a chaplain, counselor,
or other suitable staff member to meet with the family and
discuss any faith considerations or concerns. The family has a
right to the medical records of a family member who has died in
custody and these records shall be disclosed to them in
accordance with State and federal law.
(m) Each department shall assign an employee or employees
to file reports under this Section. It is unlawful for a person
who is required under this Section to investigate a death or

file a report to fail to include in the report facts known or
discovered in the investigation to the Illinois Criminal
Justice Information Authority. A violation of this Section is
a petty offense, with a fine not to exceed $500.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
revised 8-3-21.)
Section 205. The Probate Act of 1975 is amended by
changing Section 11a-4 as follows:
(755 ILCS 5/11a-4)
(Text of Section before amendment by P.A. 102-72)
Sec. 11a-4. Temporary guardian.
(a) Prior to the appointment of a guardian under this
Article, pending an appeal in relation to the appointment, or
pending the completion of a citation proceeding brought
pursuant to Section 23-3 of this Act, or upon a guardian's
death, incapacity, or resignation, the court may appoint a
temporary guardian upon a showing of the necessity therefor
for the immediate welfare and protection of the alleged person
with a disability or his or her estate and subject to such
conditions as the court may prescribe. A petition for the
appointment of a temporary guardian for an alleged person with
a disability shall be filed at the time of or subsequent to the
filing of a petition for adjudication of disability and
appointment of a guardian. The petition for the appointment of

a temporary guardian shall state the facts upon which it is
based and the name, the post office address, and, in the case
of an individual, the age and occupation of the proposed
temporary guardian. In determining the necessity for temporary
guardianship, the immediate welfare and protection of the
alleged person with a disability and his or her estate shall be
of paramount concern, and the interests of the petitioner, any
care provider, or any other party shall not outweigh the
interests of the alleged person with a disability. The
temporary guardian shall have the limited powers and duties of
a guardian of the person or of the estate which are
specifically enumerated by court order. The court order shall
state the actual harm identified by the court that
necessitates temporary guardianship or any extension thereof.
(a-5) Notice of the time and place of the hearing on a
petition for the appointment of a temporary guardian shall be
given, not less than 3 days before the hearing, by mail or in
person to the alleged person with a disability, to the
proposed temporary guardian, and to those persons whose names
and addresses are listed in the petition for adjudication of
disability and appointment of a guardian under Section 11a-8.
The court, upon a finding of good cause, may waive the notice
requirement under this subsection.
(a-10) Notice of the time and place of the hearing on a
petition to revoke the appointment of a temporary guardian
shall be given, not less than 3 days before the hearing, by

mail or in person to the temporary guardian, to the petitioner
on whose petition the temporary guardian was appointed, and to
those persons whose names and addresses are listed in the
petition for adjudication of disability and appointment of a
guardian under Section 11a-8. The court, upon a finding of
good cause, may waive the notice requirements under this
subsection.
(b) The temporary guardianship shall expire within 60 days
after the appointment or whenever a guardian is regularly
appointed, whichever occurs first. No extension shall be
granted except:
(1) In a case where there has been an adjudication of
disability, an extension shall be granted:
(i) pending the disposition on appeal of an
adjudication of disability;
(ii) pending the completion of a citation
proceeding brought pursuant to Section 23-3;
(iii) pending the appointment of a successor
guardian in a case where the former guardian has
resigned, has become incapacitated, or is deceased; or
(iv) where the guardian's powers have been
suspended pursuant to a court order.
(2) In a case where there has not been an adjudication
of disability, an extension shall be granted pending the
disposition of a petition brought pursuant to Section
11a-8 so long as the court finds it is in the best interest

of the alleged person with a disability to extend the
temporary guardianship so as to protect the alleged person
with a disability from any potential abuse, neglect,
self-neglect, exploitation, or other harm and such
extension lasts no more than 120 days from the date the
temporary guardian was originally appointed.
The ward shall have the right any time after the
appointment of a temporary guardian is made to petition the
court to revoke the appointment of the temporary guardian.
(Source: P.A. 102-120, eff. 7-23-21; revised 8-3-21.)
(Text of Section after amendment by P.A. 102-72)
Sec. 11a-4. Temporary guardian.
(a) Prior to the appointment of a guardian under this
Article, pending an appeal in relation to the appointment, or
pending the completion of a citation proceeding brought
pursuant to Section 23-3 of this Act, or upon a guardian's
death, incapacity, or resignation, the court may appoint a
temporary guardian upon a showing of the necessity therefor
for the immediate welfare and protection of the alleged person
with a disability or his or her estate and subject to such
conditions as the court may prescribe. A petition for the
appointment of a temporary guardian for an alleged person with
a disability shall be filed at the time of or subsequent to the
filing of a petition for adjudication of disability and
appointment of a guardian. The petition for the appointment of

a temporary guardian shall state the facts upon which it is
based and the name, the post office address, and, in the case
of an individual, the age and occupation of the proposed
temporary guardian. In determining the necessity for temporary
guardianship, the immediate welfare and protection of the
alleged person with a disability and his or her estate shall be
of paramount concern, and the interests of the petitioner, any
care provider, or any other party shall not outweigh the
interests of the alleged person with a disability. The
temporary guardian shall have the limited powers and duties of
a guardian of the person or of the estate which are
specifically enumerated by court order. The court order shall
state the actual harm identified by the court that
necessitates temporary guardianship or any extension thereof.
(a-5) Notice of the time and place of the hearing on a
petition for the appointment of a temporary guardian shall be
given, not less than 3 days before the hearing, by mail or in
person to the alleged person with a disability, to the
proposed temporary guardian, and to those persons whose names
and addresses are listed in the petition for adjudication of
disability and appointment of a guardian under Section 11a-8.
The court, upon a finding of good cause, may waive the notice
requirement under this subsection.
(a-10) Notice of the time and place of the hearing on a
petition to revoke the appointment of a temporary guardian
shall be given, not less than 3 days before the hearing, by

mail or in person to the temporary guardian, to the petitioner
on whose petition the temporary guardian was appointed, and to
those persons whose names and addresses are listed in the
petition for adjudication of disability and appointment of a
guardian under Section 11a-8. The court, upon a finding of
good cause, may waive the notice requirements under this
subsection.
(b) The temporary guardianship shall expire within 60 days
after the appointment or whenever a guardian is regularly
appointed, whichever occurs first. No extension shall be
granted except:
(1) In a case where there has been an adjudication of
disability, an extension shall be granted:
(i) pending the disposition on appeal of an
adjudication of disability;
(ii) pending the completion of a citation
proceeding brought pursuant to Section 23-3;
(iii) pending the appointment of a successor
guardian in a case where the former guardian has
resigned, has become incapacitated, or is deceased; or
(iv) where the guardian's powers have been
suspended pursuant to a court order.
(2) In a case where there has not been an adjudication
of disability, an extension shall be granted pending the
disposition of a petition brought pursuant to Section
11a-8 so long as the court finds it is in the best

interests of the alleged person with a disability to
extend the temporary guardianship so as to protect the
alleged person with a disability from any potential abuse,
neglect, self-neglect, exploitation, or other harm and
such extension lasts no more than 120 days from the date
the temporary guardian was originally appointed.
The ward shall have the right any time after the
appointment of a temporary guardian is made to petition the
court to revoke the appointment of the temporary guardian.
(Source: P.A. 102-72, eff. 1-1-22; 102-120, eff 7-23-21;
revised 8-3-21.)
Section 210. The Self-Service Storage Facility Act is
amended by changing Section 4 as follows:
(770 ILCS 95/4) (from Ch. 114, par. 804)
Sec. 4. Enforcement of lien. An owner's lien as provided
for in Section 3 of this Act for a claim which has become due
may be satisfied as follows:
(A) The occupant shall be notified. ;
(B) The notice shall be delivered:
(1) in person; or
(2) by verified mail or by electronic mail to the last
known address of the occupant. ;
(C) The notice shall include:
(1) An itemized statement of the owner's claim showing

the sum due at the time of the notice and the date when the
sum became due;
(2) The name of the facility, address, telephone
number, date, time, location, and manner of the lien sale,
and the occupant's name and unit number;
(3) A notice of denial of access to the personal
property, if such denial is permitted under the terms of
the rental agreement, which provides the name, street
address, and telephone number of the owner, or his
designated agent, whom the occupant may contact to respond
to this notice;
(3.5) Except as otherwise provided by a rental
agreement and until a lien sale, the exclusive care,
custody, and control of all personal property stored in
the leased self-service storage space remains vested in
the occupant. No bailment or higher level of liability is
created if the owner over-locks the occupant's lock,
thereby denying the occupant access to the storage space.
Rent and other charges related to the lien continue to
accrue during the period of time when access is denied
because of non-payment;
(4) A demand for payment within a specified time not
less than 14 days after delivery of the notice;
(5) A conspicuous statement that unless the claim is
paid within the time stated in the notice, the personal
property will be advertised for sale or other disposition,

and will be sold or otherwise disposed of at a specified
time and place.
(D) Any notice made pursuant to this Section shall be
presumed delivered when it is deposited with the United States
Postal Service, and properly addressed with postage prepaid or
sent by electronic mail and the owner receives a receipt of
delivery to the occupant's last known address, except if the
owner does not receive a receipt of delivery for the notice
sent by electronic mail, the notice is presumed delivered when
it is sent to the occupant by verified mail to the occupant's
last known mailing address. ;
(E) After the expiration of the time given in the notice,
an advertisement of the sale or other disposition shall be
published once a week for two consecutive weeks in a newspaper
of general circulation where the self-service storage facility
is located. The advertisement shall include:
(1) The name of the facility, address, telephone
number, date, time, location, and manner of lien sale and
the occupant's name and unit number.
(2) (Blank).
(3) The sale or other disposition shall take place not
sooner than 15 days after the first publication. If there
is no newspaper of general circulation where the
self-service storage facility is located, the
advertisement shall be posted at least 10 days before the
date of the sale or other disposition in not less than 6

conspicuous places in the neighborhood where the
self-service storage facility is located.
(F) Any sale or other disposition of the personal property
shall conform to the terms of the notification as provided for
in this Section. ;
(G) Any sale or other disposition of the personal property
shall be held at the self-service storage facility, or at the
nearest suitable place to where the personal property is held
or stored. A sale under this Section shall be deemed to be held
at the self-service storage facility where the personal
property is stored if the sale is held on a publicly accessible
online website. ;
(G-5) If the property upon which the lien is claimed is a
motor vehicle or watercraft and rent or other charges related
to the property remain unpaid or unsatisfied for 60 days, the
owner may have the property towed from the self-service
storage facility. If a motor vehicle or watercraft is towed,
the owner shall not be liable for any damage to the motor
vehicle or watercraft, once the tower takes possession of the
property. After the motor vehicle or watercraft is towed, the
owner may pursue other collection options against the
delinquent occupant for any outstanding debt. If the owner
chooses to sell a motor vehicle, aircraft, mobile home, moped,
motorcycle, snowmobile, trailer, or watercraft, the owner
shall contact the Secretary of State and any other
governmental agency as reasonably necessary to determine the

name and address of the title holder or lienholder of the item,
and the owner shall notify every identified title holder or
lienholder of the time and place of the proposed sale. The
owner is required to notify the holder of a security interest
only if the security interest is filed under the name of the
person signing the rental agreement or an occupant. An owner
who fails to make the lien searches required by this Section is
liable only to valid lienholders injured by that failure as
provided in Section 3. ;
(H) Before any sale or other disposition of personal
property pursuant to this Section, the occupant may pay the
amount necessary to satisfy the lien, and the reasonable
expenses incurred under this Section, and thereby redeem the
personal property. Upon receipt of such payment, the owner
shall return the personal property, and thereafter the owner
shall have no liability to any person with respect to such
personal property. ;
(I) A purchaser in good faith of the personal property
sold to satisfy a lien, as provided for in Section 3 of this
Act, takes the property free of any rights of persons against
whom the lien was valid, despite noncompliance by the owner
with the requirements of this Section. ;
(J) In the event of a sale under this Section, the owner
may satisfy his lien from the proceeds of the sale, but shall
hold the balance, if any, for delivery on demand to the
occupant. If the occupant does not claim the balance of the

proceeds within one year of the date of sale, it shall become
the property of the owner without further recourse by the
occupant.
(K) The lien on any personal property created by this Act
shall be terminated as to any such personal property which is
sold or otherwise disposed of pursuant to this Act and any such
personal property which is removed from the self-service
storage facility.
(L) If 3 or more bidders who are unrelated to the owner are
in attendance at a sale held under this Section, the sale and
its proceeds are deemed to be commercially reasonable.
(Source: P.A. 97-599, eff. 8-26-11; 98-1106, eff. 1-1-15;
revised 7-16-21.)
Section 215. The Predatory Loan Prevention Act is amended
by changing Section 15-1-1 as follows:
(815 ILCS 123/15-1-1)
Sec. 15-1-1. Short title. This Article Act may be cited as
the Predatory Loan Prevention Act. References in this Article
to "this Act" mean this Article.
(Source: P.A. 101-658, eff. 3-23-21; revised 7-16-21.)
Section 220. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z.5 as follows:

(815 ILCS 505/2Z.5)
(Section scheduled to be repealed on August 1, 2022)
Sec. 2Z.5. Dissemination of a sealed a court file.
(a) A private entity or person who violates Section
9-121.5 of the Code of Civil Procedure commits an unlawful
practice within the meaning of this Act.
(b) This Section is repealed on August 1, 2022.
(Source: P.A. 102-5, eff. 5-17-21; revised 7-16-21.)
Section 225. The Unemployment Insurance Act is amended by
changing Section 612 as follows:
(820 ILCS 405/612) (from Ch. 48, par. 442)
Sec. 612. Academic personnel; ineligibility personnel -
ineligibility between academic years or terms.
A. Benefits based on wages for services which are
employment under the provisions of Sections 211.1, 211.2, and
302C shall be payable in the same amount, on the same terms,
and subject to the same conditions as benefits payable on the
basis of wages for other services which are employment under
this Act; except that:
1. An individual shall be ineligible for benefits, on
the basis of wages for employment in an instructional,
research, or principal administrative capacity performed
for an institution of higher education, for any week which
begins during the period between two successive academic

years, or during a similar period between two regular
terms, whether or not successive, or during a period of
paid sabbatical leave provided for in the individual's
contract, if the individual has a contract or contracts to
perform services in any such capacity for any institution
or institutions of higher education for both such academic
years or both such terms.
This paragraph 1 shall apply with respect to any week
which begins prior to January 1, 1978.
2. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an institution of higher learning, for any
week which begins after September 30, 1983, during a
period between two successive academic years or terms, if
the individual performed such service in the first of such
academic years or terms and there is a reasonable
assurance that the individual will perform such service in
the second of such academic years or terms.
3. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an institution of higher education, for any
week which begins after January 5, 1985, during an
established and customary vacation period or holiday
recess, if the individual performed such service in the

period immediately before such vacation period or holiday
recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday
recess.
B. Benefits based on wages for services which are
employment under the provisions of Sections 211.1 and 211.2
shall be payable in the same amount, on the same terms, and
subject to the same conditions, as benefits payable on the
basis of wages for other services which are employment under
this Act, except that:
1. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in an
instructional, research, or principal administrative
capacity performed for an educational institution, for any
week which begins after December 31, 1977, during a period
between two successive academic years, or during a similar
period between two regular terms, whether or not
successive, or during a period of paid sabbatical leave
provided for in the individual's contract, if the
individual performed such service in the first of such
academic years (or terms) and if there is a contract or a
reasonable assurance that the individual will perform
service in any such capacity for any educational
institution in the second of such academic years (or
terms).

2. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an educational institution, for any week
which begins after December 31, 1977, during a period
between two successive academic years or terms, if the
individual performed such service in the first of such
academic years or terms and there is a reasonable
assurance that the individual will perform such service in
the second of such academic years or terms.
3. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity performed for an educational institution, for any
week which begins after January 5, 1985, during an
established and customary vacation period or holiday
recess, if the individual performed such service in the
period immediately before such vacation period or holiday
recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday
recess.
4. An individual shall be ineligible for benefits on
the basis of wages for service in employment in any
capacity performed in an educational institution while in
the employ of an educational service agency for any week
which begins after January 5, 1985, (a) during a period

between two successive academic years or terms, if the
individual performed such service in the first of such
academic years or terms and there is a reasonable
assurance that the individual will perform such service in
the second of such academic years or terms; and (b) during
an established and customary vacation period or holiday
recess, if the individual performed such service in the
period immediately before such vacation period or holiday
recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday
recess. The term "educational service agency" means a
governmental agency or governmental entity which is
established and operated exclusively for the purpose of
providing such services to one or more educational
institutions.
C. 1. If benefits are denied to any individual under the
provisions of paragraph 2 of either subsection A or B of this
Section for any week which begins on or after September 3, 1982
and such individual is not offered a bona fide opportunity to
perform such services for the educational institution for the
second of such academic years or terms, such individual shall
be entitled to a retroactive payment of benefits for each week
for which the individual filed a timely claim for benefits as
determined by the rules and regulations issued by the Director
for the filing of claims for benefits, provided that such

benefits were denied solely because of the provisions of
paragraph 2 of either subsection A or B of this Section.
2. If benefits on the basis of wages for service in
employment in other than an instructional, research, or
principal administrative capacity performed in an educational
institution while in the employ of an educational service
agency are denied to any individual under the provisions of
subparagraph (a) of paragraph 4 of subsection B and such
individual is not offered a bona fide opportunity to perform
such services in an educational institution while in the
employ of an educational service agency for the second of such
academic years or terms, such individual shall be entitled to
a retroactive payment of benefits for each week for which the
individual filed a timely claim for benefits as determined by
the rules and regulations issued by the Director for the
filing of claims for benefits, provided that such benefits
were denied solely because of subparagraph (a) of paragraph 4
of subsection B of this Section.
D. Notwithstanding any other provision in this Section or
paragraph 2 of subsection C of Section 500 to the contrary,
with respect to a week of unemployment beginning on or after
March 15, 2020, and before September 4, 2021, (including any
week of unemployment beginning on or after January 1, 2021 and
on or before June 25, 2021 (the effective date of Public Act
102-26) this amendatory Act of the 102nd General Assembly),
benefits shall be payable to an individual on the basis of

wages for employment in other than an instructional, research,
or principal administrative capacity performed for an
educational institution or an educational service agency under
any of the circumstances described in this Section, to the
extent permitted under Section 3304(a)(6) of the Federal
Unemployment Tax Act, as long as the individual is otherwise
eligible for benefits.
(Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21;
revised 8-3-21.)
Section 240. Continuation of provisions; validation.
(a) The General Assembly finds and declares that Public
Act 102-28 and this Act manifest the intention of the General
Assembly to have Section 1-2-12.1 of the Illinois Municipal
Code and Sections 110-5.1, 110-6.3, 110-6.5, 110-7, 110-8,
110-9, 110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 of
the Code of Criminal Procedure of 1963 continue in effect
until January 1, 2023.
(b) Section 1-2-12.1 of the Illinois Municipal Code and
Sections 110-5.1, 110-6.3, 110-6.5, 110-7, 110-8, 110-9,
110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 of the Code
of Criminal Procedure of 1963 are deemed to have been in
continuous effect and shall continue to be in effect until
January 1, 2023. All actions taken in reliance on or under
Section 1-2-12.1 of the Illinois Municipal Code and Sections
110-5.1, 110-6.3, 110-6.5, 110-7, 110-8, 110-9, 110-13,

110-14, 110-15, 110-16, 110-17, and 110-18 of the Code of
Criminal Procedure of 1963 by any person or entity before the
effective date of this Act are hereby validated.
(c) To ensure the continuing effectiveness of Section
1-2-12.1 of the Illinois Municipal Code and Sections 110-5.1,
110-6.3, 110-6.5, 110-7, 110-8, 110-9, 110-13, 110-14, 110-15,
110-16, 110-17, and 110-18 of the Code of Criminal Procedure
of 1963, those Sections are set forth in full and reenacted by
this Act. Striking and underscoring are used only to show
changes being made to the base text. This reenactment is
intended as a continuation of this Act. This reenactment is
not intended to supersede any amendment to this Act that may be
made by any other Public Act of the 102nd General Assembly.
Section 245. The Illinois Municipal Code is amended by
reenacting and changing Section 1-2-12.1 as follows:
(65 ILCS 5/1-2-12.1)
Sec. 1-2-12.1. Municipal bond fees. A municipality may
impose a fee up to $20 for bail processing against any person
arrested for violating a bailable municipal ordinance or a
State or federal law.
This Section is repealed on January 1, 2023.
(Source: P.A. 97-368, eff. 8-15-11; P.A. 101-652, eff. 7-1-21.
Repealed by P.A. 102-28, eff. 1-1-23.)

Section 250. The Code of Criminal Procedure of 1963 is
amended by reenacting and changing Sections 110-5.1, 110-6.3,
110-6.5, 110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16,
110-17, and 110-18 as follows:
(725 ILCS 5/110-5.1)
Sec. 110-5.1. Bail; certain persons charged with violent
crimes against family or household members.
(a) Subject to subsection (c), a person who is charged
with a violent crime shall appear before the court for the
setting of bail if the alleged victim was a family or household
member at the time of the alleged offense, and if any of the
following applies:
(1) the person charged, at the time of the alleged
offense, was subject to the terms of an order of
protection issued under Section 112A-14 of this Code or
Section 214 of the Illinois Domestic Violence Act of 1986
or previously was convicted of a violation of an order of
protection under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012 or a violent
crime if the victim was a family or household member at the
time of the offense or a violation of a substantially
similar municipal ordinance or law of this or any other
state or the United States if the victim was a family or
household member at the time of the offense;
(2) the arresting officer indicates in a police report

or other document accompanying the complaint any of the
following:
(A) that the arresting officer observed on the
alleged victim objective manifestations of physical
harm that the arresting officer reasonably believes
are a result of the alleged offense;
(B) that the arresting officer reasonably believes
that the person had on the person's person at the time
of the alleged offense a deadly weapon;
(C) that the arresting officer reasonably believes
that the person presents a credible threat of serious
physical harm to the alleged victim or to any other
person if released on bail before trial.
(b) To the extent that information about any of the
following is available to the court, the court shall consider
all of the following, in addition to any other circumstances
considered by the court, before setting bail for a person who
appears before the court pursuant to subsection (a):
(1) whether the person has a history of domestic
violence or a history of other violent acts;
(2) the mental health of the person;
(3) whether the person has a history of violating the
orders of any court or governmental entity;
(4) whether the person is potentially a threat to any
other person;
(5) whether the person has access to deadly weapons or

a history of using deadly weapons;
(6) whether the person has a history of abusing
alcohol or any controlled substance;
(7) the severity of the alleged violence that is the
basis of the alleged offense, including, but not limited
to, the duration of the alleged violent incident, and
whether the alleged violent incident involved serious
physical injury, sexual assault, strangulation, abuse
during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;
(8) whether a separation of the person from the
alleged victim or a termination of the relationship
between the person and the alleged victim has recently
occurred or is pending;
(9) whether the person has exhibited obsessive or
controlling behaviors toward the alleged victim,
including, but not limited to, stalking, surveillance, or
isolation of the alleged victim;
(10) whether the person has expressed suicidal or
homicidal ideations;
(11) any information contained in the complaint and
any police reports, affidavits, or other documents
accompanying the complaint.
(c) Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may
permit a person who is required to appear before it by

subsection (a) to appear by video conferencing equipment. If,
in the opinion of the court, the appearance in person or by
video conferencing equipment of a person who is charged with a
misdemeanor and who is required to appear before the court by
subsection (a) is not practicable, the court may waive the
appearance and release the person on bail on one or both of the
following types of bail in an amount set by the court:
(1) a bail bond secured by a deposit of 10% of the
amount of the bond in cash;
(2) a surety bond, a bond secured by real estate or
securities as allowed by law, or the deposit of cash, at
the option of the person.
Subsection (a) does not create a right in a person to
appear before the court for the setting of bail or prohibit a
court from requiring any person charged with a violent crime
who is not described in subsection (a) from appearing before
the court for the setting of bail.
(d) As used in this Section:
(1) "Violent crime" has the meaning ascribed to it in
Section 3 of the Rights of Crime Victims and Witnesses
Act.
(2) "Family or household member" has the meaning
ascribed to it in Section 112A-3 of this Code.
(e) This Section is repealed on January 1, 2023.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28, eff.

1-1-23.)
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
Sec. 110-6.3. Denial of bail in stalking and aggravated
stalking offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with stalking or aggravated stalking,
when it is alleged that the defendant's admission to bail
poses a real and present threat to the physical safety of the
alleged victim of the offense, and denial of release on bail or
personal recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while the
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a
continuance. A continuance on motion of the defendant may
not exceed 5 calendar days, and the defendant may be held
in custody during the continuance. A continuance on the

motion of the State may not exceed 3 calendar days;
however, the defendant may be held in custody during the
continuance under this provision if the defendant has been
previously found to have violated an order of protection
or has been previously convicted of, or granted court
supervision for, any of the offenses set forth in Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,
12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code
of 1961 or the Criminal Code of 2012, against the same
person as the alleged victim of the stalking or aggravated
stalking offense.
(b) The court may deny bail to the defendant when, after
the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed the offense of stalking or
aggravated stalking; and
(2) the defendant poses a real and present threat to
the physical safety of the alleged victim of the offense;
and
(3) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of the
threat upon which the charge is based; and
(4) the court finds that no condition or combination
of conditions set forth in subsection (b) of Section
110-10 of this Code, including mental health treatment at

a community mental health center, hospital, or facility of
the Department of Human Services, can reasonably assure
the physical safety of the alleged victim of the offense.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
threat to the alleged victim of the offense shall be
conducted in accordance with the following provisions:
(A) Information used by the court in its findings
or stated in or offered at the hearing may be by way of
proffer based upon reliable information offered by the
State or by defendant. Defendant has the right to be
represented by counsel, and if he is indigent, to have
counsel appointed for him. Defendant shall have the
opportunity to testify, to present witnesses in his
own behalf, and to cross-examine witnesses if any are
called by the State. The defendant has the right to
present witnesses in his favor. When the ends of
justice so require, the court may exercise its
discretion and compel the appearance of a complaining
witness. The court shall state on the record reasons
for granting a defense request to compel the presence
of a complaining witness. Cross-examination of a
complaining witness at the pretrial detention hearing
for the purpose of impeaching the witness' credibility
is insufficient reason to compel the presence of the
witness. In deciding whether to compel the appearance

of a complaining witness, the court shall be
considerate of the emotional and physical well-being
of the witness. The pretrial detention hearing is not
to be used for the purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if
available, and any written or recorded statements and
the substance of any oral statements made by any
person, if relied upon by the State. The rules
concerning the admissibility of evidence in criminal
trials do not apply to the presentation and
consideration of information at the hearing. At the
trial concerning the offense for which the hearing was
conducted neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section
115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state
of the prosecution.
(2) The facts relied upon by the court to support a

finding that:
(A) the defendant poses a real and present threat
to the physical safety of the alleged victim of the
offense; and
(B) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based;
shall be supported by clear and convincing evidence
presented by the State.
(d) Factors to be considered in making a determination of
the threat to the alleged victim of the offense. The court may,
in determining whether the defendant poses, at the time of the
hearing, a real and present threat to the physical safety of
the alleged victim of the offense, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of the offense
charged;
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior. The evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings;
(B) Any evidence of the defendant's psychological,

psychiatric or other similar social history that tends
to indicate a violent, abusive, or assaultive nature,
or lack of any such history.
(3) The nature of the threat which is the basis of the
charge against the defendant;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Code, deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of that behavior.
(e) The court shall, in any order denying bail to a person
charged with stalking or aggravated stalking:
(1) briefly summarize the evidence of the defendant's

culpability and its reasons for concluding that the
defendant should be held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his choice by visitation,
mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of the
defendant under subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for
detention was entered. If the defendant is not brought to
trial within the 90 day period required by this subsection
(f), he shall not be held longer without bail. In computing the
90 day period, the court shall omit any period of delay
resulting from a continuance granted at the request of the
defendant. The court shall immediately notify the alleged
victim of the offense that the defendant has been admitted to
bail under this subsection.
(g) Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.

(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as
modifying or limiting in any way the defendant's presumption
of innocence in further criminal proceedings.
(j) This Section is repealed on January 1, 2023.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-558, eff. 1-1-14; P.A. 101-652, eff. 7-1-21. Repealed by
P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-6.5)
Sec. 110-6.5. Drug testing program. The Chief Judge of the
circuit may establish a drug testing program as provided by
this Section in any county in the circuit if the county board
has approved the establishment of the program and the county
probation department or pretrial services agency has consented
to administer it. The drug testing program shall be conducted
under the following provisions:
(a) The court, in the case of a defendant charged with a
felony offense or any offense involving the possession or
delivery of cannabis or a controlled substance, shall:
(1) not consider the release of the defendant on his
or her own recognizance, unless the defendant consents to
periodic drug testing during the period of release on his
or her own recognizance, in accordance with this Section;
(2) consider the consent of the defendant to periodic

drug testing during the period of release on bail in
accordance with this Section as a favorable factor for the
defendant in determining the amount of bail, the
conditions of release or in considering the defendant's
motion to reduce the amount of bail.
(b) The drug testing shall be conducted by the pretrial
services agency or under the direction of the probation
department when a pretrial services agency does not exist in
accordance with this Section.
(c) A defendant who consents to periodic drug testing as
set forth in this Section shall sign an agreement with the
court that, during the period of release, the defendant shall
refrain from using illegal drugs and that the defendant will
comply with the conditions of the testing program. The
agreement shall be on a form prescribed by the court and shall
be executed at the time of the bail hearing. This agreement
shall be made a specific condition of bail.
(d) The drug testing program shall be conducted as
follows:
(1) The testing shall be done by urinalysis for the
detection of phencyclidine, heroin, cocaine, methadone and
amphetamines.
(2) The collection of samples shall be performed under
reasonable and sanitary conditions.
(3) Samples shall be collected and tested with due
regard for the privacy of the individual being tested and

in a manner reasonably calculated to prevent substitutions
or interference with the collection or testing of reliable
samples.
(4) Sample collection shall be documented, and the
documentation procedures shall include:
(i) Labeling of samples so as to reasonably
preclude the probability of erroneous identification
of test results; and
(ii) An opportunity for the defendant to provide
information on the identification of prescription or
nonprescription drugs used in connection with a
medical condition.
(5) Sample collection, storage, and transportation to
the place of testing shall be performed so as to
reasonably preclude the probability of sample
contamination or adulteration.
(6) Sample testing shall conform to scientifically
accepted analytical methods and procedures. Testing shall
include verification or confirmation of any positive test
result by a reliable analytical method before the result
of any test may be used as a basis for any action by the
court.
(e) The initial sample shall be collected before the
defendant's release on bail. Thereafter, the defendant shall
report to the pretrial services agency or probation department
as required by the agency or department. The pretrial services

agency or probation department shall immediately notify the
court of any defendant who fails to report for testing.
(f) After the initial test, a subsequent confirmed
positive test result indicative of continued drug use shall
result in the following:
(1) Upon the first confirmed positive test result, the
pretrial services agency or probation department, shall
place the defendant on a more frequent testing schedule
and shall warn the defendant of the consequences of
continued drug use.
(2) A second confirmed positive test result shall be
grounds for a hearing before the judge who authorized the
release of the defendant in accordance with the provisions
of subsection (g) of this Section.
(g) The court shall, upon motion of the State or upon its
own motion, conduct a hearing in connection with any defendant
who fails to appear for testing, fails to cooperate with the
persons conducting the testing program, attempts to submit a
sample not his or her own or has had a confirmed positive test
result indicative of continued drug use for the second or
subsequent time after the initial test. The hearing shall be
conducted in accordance with the procedures of Section 110-6.
Upon a finding by the court that the State has established
by clear and convincing evidence that the defendant has
violated the drug testing conditions of bail, the court may
consider any of the following sanctions:

(1) increase the amount of the defendant's bail or
conditions of release;
(2) impose a jail sentence of up to 5 days;
(3) revoke the defendant's bail; or
(4) enter such other orders which are within the power
of the court as deemed appropriate.
(h) The results of any drug testing conducted under this
Section shall not be admissible on the issue of the
defendant's guilt in connection with any criminal charge.
(i) The court may require that the defendant pay for the
cost of drug testing.
(j) This Section is repealed on January 1, 2023.
(Source: P.A. 88-677, eff. 12-15-94; P.A. 101-652, eff.
7-1-21. Repealed by P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
Sec. 110-7. Deposit of bail security.
(a) The person for whom bail has been set shall execute the
bail bond and deposit with the clerk of the court before which
the proceeding is pending a sum of money equal to 10% of the
bail, but in no event shall such deposit be less than $25. The
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the

posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes
authorized by the court and if the defendant fails to comply
with the conditions of the bail bond, the court shall enter an
order declaring the bail to be forfeited. The written notice
must be: (1) distinguishable from the surrounding text; (2) in
bold type or underscored; and (3) in a type size at least 2
points larger than the surrounding type. When a person for
whom bail has been set is charged with an offense under the
Illinois Controlled Substances Act or the Methamphetamine
Control and Community Protection Act which is a Class X
felony, or making a terrorist threat in violation of Section
29D-20 of the Criminal Code of 1961 or the Criminal Code of
2012 or an attempt to commit the offense of making a terrorist
threat, the court may require the defendant to deposit a sum
equal to 100% of the bail. Where any person is charged with a
forcible felony while free on bail and is the subject of
proceedings under Section 109-3 of this Code the judge
conducting the preliminary examination may also conduct a
hearing upon the application of the State pursuant to the
provisions of Section 110-6 of this Code to increase or revoke
the bail for that person's prior alleged offense.
(b) Upon depositing this sum and any bond fee authorized
by law, the person shall be released from custody subject to

the conditions of the bail bond.
(c) Once bail has been given and a charge is pending or is
thereafter filed in or transferred to a court of competent
jurisdiction the latter court shall continue the original bail
in that court subject to the provisions of Section 110-6 of
this Code.
(d) After conviction the court may order that the original
bail stand as bail pending appeal or deny, increase or reduce
bail subject to the provisions of Section 110-6.2.
(e) After the entry of an order by the trial court allowing
or denying bail pending appeal either party may apply to the
reviewing court having jurisdiction or to a justice thereof
sitting in vacation for an order increasing or decreasing the
amount of bail or allowing or denying bail pending appeal
subject to the provisions of Section 110-6.2.
(f) When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return to
the accused or to the defendant's designee by an assignment
executed at the time the bail amount is deposited, unless the
court orders otherwise, 90% of the sum which had been
deposited and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by
the clerk as bail bond costs be less than $5. Notwithstanding
the foregoing, in counties with a population of 3,000,000 or
more, in no event shall the amount retained by the clerk as

bail bond costs exceed $100. Bail bond deposited by or on
behalf of a defendant in one case may be used, in the court's
discretion, to satisfy financial obligations of that same
defendant incurred in a different case due to a fine, court
costs, restitution or fees of the defendant's attorney of
record. In counties with a population of 3,000,000 or more,
the court shall not order bail bond deposited by or on behalf
of a defendant in one case to be used to satisfy financial
obligations of that same defendant in a different case until
the bail bond is first used to satisfy court costs and
attorney's fees in the case in which the bail bond has been
deposited and any other unpaid child support obligations are
satisfied. In counties with a population of less than
3,000,000, the court shall not order bail bond deposited by or
on behalf of a defendant in one case to be used to satisfy
financial obligations of that same defendant in a different
case until the bail bond is first used to satisfy court costs
in the case in which the bail bond has been deposited.
At the request of the defendant the court may order such
90% of defendant's bail deposit, or whatever amount is
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
(g) If the accused does not comply with the conditions of
the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such order
of forfeiture shall be mailed forthwith to the accused at his

last known address. If the accused does not appear and
surrender to the court having jurisdiction within 30 days from
the date of the forfeiture or within such period satisfy the
court that appearance and surrender by the accused is
impossible and without his fault the court shall enter
judgment for the State if the charge for which the bond was
given was a felony or misdemeanor, or if the charge was
quasi-criminal or traffic, judgment for the political
subdivision of the State which prosecuted the case, against
the accused for the amount of the bail and costs of the court
proceedings; however, in counties with a population of less
than 3,000,000, instead of the court entering a judgment for
the full amount of the bond the court may, in its discretion,
enter judgment for the cash deposit on the bond, less costs,
retain the deposit for further disposition or, if a cash bond
was posted for failure to appear in a matter involving
enforcement of child support or maintenance, the amount of the
cash deposit on the bond, less outstanding costs, may be
awarded to the person or entity to whom the child support or
maintenance is due. The deposit made in accordance with
paragraph (a) shall be applied to the payment of costs. If
judgment is entered and any amount of such deposit remains
after the payment of costs it shall be applied to payment of
the judgment and transferred to the treasury of the municipal
corporation wherein the bond was taken if the offense was a
violation of any penal ordinance of a political subdivision of

this State, or to the treasury of the county wherein the bond
was taken if the offense was a violation of any penal statute
of this State. The balance of the judgment may be enforced and
collected in the same manner as a judgment entered in a civil
action.
(h) After a judgment for a fine and court costs or either
is entered in the prosecution of a cause in which a deposit had
been made in accordance with paragraph (a) the balance of such
deposit, after deduction of bail bond costs, shall be applied
to the payment of the judgment.
(i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, the Criminal Code of
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
and Aquatic Life Code, the Child Passenger Protection Act, or
a comparable offense of a unit of local government as
specified in Supreme Court Rule 551, and if the accused does
not appear in court on the date set for appearance or any date
to which the case may be continued and the court issues an
arrest warrant for the accused, based upon his or her failure
to appear when having so previously been ordered to appear by
the court, the accused upon his or her admission to bail shall
be assessed by the court a fee of $75. Payment of the fee shall
be a condition of release unless otherwise ordered by the
court. The fee shall be in addition to any bail that the
accused is required to deposit for the offense for which the
accused has been charged and may not be used for the payment of

court costs or fines assessed for the offense. The clerk of the
court shall remit $70 of the fee assessed to the arresting
agency who brings the offender in on the arrest warrant. If the
Department of State Police is the arresting agency, $70 of the
fee assessed shall be remitted by the clerk of the court to the
State Treasurer within one month after receipt for deposit
into the State Police Operations Assistance Fund. The clerk of
the court shall remit $5 of the fee assessed to the Circuit
Court Clerk Operation and Administrative Fund as provided in
Section 27.3d of the Clerks of Courts Act.
(j) This Section is repealed on January 1, 2023.
(Source: P.A. 99-412, eff. 1-1-16; P.A. 101-652, eff. 7-1-21.
Repealed by P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
Sec. 110-8. Cash, stocks, bonds and real estate as
security for bail.
(a) In lieu of the bail deposit provided for in Section
110-7 of this Code any person for whom bail has been set may
execute the bail bond with or without sureties which bond may
be secured:
(1) By a deposit, with the clerk of the court, of an amount
equal to the required bail, of cash, or stocks and bonds in
which trustees are authorized to invest trust funds under the
laws of this State; or
(2) By real estate situated in this State with

unencumbered equity not exempt owned by the accused or
sureties worth double the amount of bail set in the bond.
(b) If the bail bond is secured by stocks and bonds the
accused or sureties shall file with the bond a sworn schedule
which shall be approved by the court and shall contain:
(1) A list of the stocks and bonds deposited
describing each in sufficient detail that it may be
identified;
(2) The market value of each stock and bond;
(3) The total market value of the stocks and bonds
listed;
(4) A statement that the affiant is the sole owner of
the stocks and bonds listed and they are not exempt from
the enforcement of a judgment thereon;
(5) A statement that such stocks and bonds have not
previously been used or accepted as bail in this State
during the 12 months preceding the date of the bail bond;
and
(6) A statement that such stocks and bonds are
security for the appearance of the accused in accordance
with the conditions of the bail bond.
(c) If the bail bond is secured by real estate the accused
or sureties shall file with the bond a sworn schedule which
shall contain:
(1) A legal description of the real estate;
(2) A description of any and all encumbrances on the

real estate including the amount of each and the holder
thereof;
(3) The market value of the unencumbered equity owned
by the affiant;
(4) A statement that the affiant is the sole owner of
such unencumbered equity and that it is not exempt from
the enforcement of a judgment thereon;
(5) A statement that the real estate has not
previously been used or accepted as bail in this State
during the 12 months preceding the date of the bail bond;
and
(6) A statement that the real estate is security for
the appearance of the accused in accordance with the
conditions of the bail bond.
(d) The sworn schedule shall constitute a material part of
the bail bond. The affiant commits perjury if in the sworn
schedule he makes a false statement which he does not believe
to be true. He shall be prosecuted and punished accordingly,
or, he may be punished for contempt.
(e) A certified copy of the bail bond and schedule of real
estate shall be filed immediately in the office of the
registrar of titles or recorder of the county in which the real
estate is situated and the State shall have a lien on such real
estate from the time such copies are filed in the office of the
registrar of titles or recorder. The registrar of titles or
recorder shall enter, index and record (or register as the

case may be) such bail bonds and schedules without requiring
any advance fee, which fee shall be taxed as costs in the
proceeding and paid out of such costs when collected.
(f) When the conditions of the bail bond have been
performed and the accused has been discharged from his
obligations in the cause, the clerk of the court shall return
to him or his sureties the deposit of any cash, stocks or
bonds. If the bail bond has been secured by real estate the
clerk of the court shall forthwith notify in writing the
registrar of titles or recorder and the lien of the bail bond
on the real estate shall be discharged.
(g) If the accused does not comply with the conditions of
the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such order
of forfeiture shall be mailed forthwith by the clerk of the
court to the accused and his sureties at their last known
address. If the accused does not appear and surrender to the
court having jurisdiction within 30 days from the date of the
forfeiture or within such period satisfy the court that
appearance and surrender by the accused is impossible and
without his fault the court shall enter judgment for the State
against the accused and his sureties for the amount of the bail
and costs of the proceedings; however, in counties with a
population of less than 3,000,000, if the defendant has posted
a cash bond, instead of the court entering a judgment for the
full amount of the bond the court may, in its discretion, enter

judgment for the cash deposit on the bond, less costs, retain
the deposit for further disposition or, if a cash bond was
posted for failure to appear in a matter involving enforcement
of child support or maintenance, the amount of the cash
deposit on the bond, less outstanding costs, may be awarded to
the person or entity to whom the child support or maintenance
is due.
(h) When judgment is entered in favor of the State on any
bail bond given for a felony or misdemeanor, or judgement for a
political subdivision of the state on any bail bond given for a
quasi-criminal or traffic offense, the State's Attorney or
political subdivision's attorney shall forthwith obtain a
certified copy of the judgment and deliver same to the sheriff
to be enforced by levy on the stocks or bonds deposited with
the clerk of the court and the real estate described in the
bail bond schedule. Any cash forfeited under subsection (g) of
this Section shall be used to satisfy the judgment and costs
and, without necessity of levy, ordered paid into the treasury
of the municipal corporation wherein the bail bond was taken
if the offense was a violation of any penal ordinance of a
political subdivision of this State, or into the treasury of
the county wherein the bail bond was taken if the offense was a
violation of any penal statute of this State, or to the person
or entity to whom child support or maintenance is owed if the
bond was taken for failure to appear in a matter involving
child support or maintenance. The stocks, bonds and real

estate shall be sold in the same manner as in sales for the
enforcement of a judgment in civil actions and the proceeds of
such sale shall be used to satisfy all court costs, prior
encumbrances, if any, and from the balance a sufficient amount
to satisfy the judgment shall be paid into the treasury of the
municipal corporation wherein the bail bond was taken if the
offense was a violation of any penal ordinance of a political
subdivision of this State, or into the treasury of the county
wherein the bail bond was taken if the offense was a violation
of any penal statute of this State. The balance shall be
returned to the owner. The real estate so sold may be redeemed
in the same manner as real estate may be redeemed after
judicial sales or sales for the enforcement of judgments in
civil actions.
(i) No stocks, bonds or real estate may be used or accepted
as bail bond security in this State more than once in any 12
month period.
(j) This Section is repealed on January 1, 2023.
(Source: P.A. 89-469, eff. 1-1-97; P.A. 101-652, eff. 7-1-21.
Repealed by P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
Sec. 110-9. Taking of bail by peace officer. When bail has
been set by a judicial officer for a particular offense or
offender any sheriff or other peace officer may take bail in
accordance with the provisions of Section 110-7 or 110-8 of

this Code and release the offender to appear in accordance
with the conditions of the bail bond, the Notice to Appear or
the Summons. The officer shall give a receipt to the offender
for the bail so taken and within a reasonable time deposit such
bail with the clerk of the court having jurisdiction of the
offense. A sheriff or other peace officer taking bail in
accordance with the provisions of Section 110-7 or 110-8 of
this Code shall accept payments made in the form of currency,
and may accept other forms of payment as the sheriff shall by
rule authorize. For purposes of this Section, "currency" has
the meaning provided in subsection (a) of Section 3 of the
Currency Reporting Act.
This Section is repealed on January 1, 2023.
(Source: P.A. 99-618, eff. 1-1-17; P.A. 101-652, eff. 7-1-21.
Repealed by P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-13) (from Ch. 38, par. 110-13)
Sec. 110-13. Persons prohibited from furnishing bail
security. No attorney at law practicing in this State and no
official authorized to admit another to bail or to accept bail
shall furnish any part of any security for bail in any criminal
action or any proceeding nor shall any such person act as
surety for any accused admitted to bail.
This Section is repealed on January 1, 2023.
(Source: Laws 1963, p. 2836; P.A. 101-652, eff. 7-1-21.
Repealed by P.A. 102-28, eff. 1-1-23.)

(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
Sec. 110-14. Credit for incarceration on bailable offense;
credit against monetary bail for certain offenses.
(a) Any person incarcerated on a bailable offense who does
not supply bail and against whom a fine is levied on conviction
of the offense shall be allowed a credit of $30 for each day so
incarcerated upon application of the defendant. However, in no
case shall the amount so allowed or credited exceed the amount
of the fine.
(b) Subsection (a) does not apply to a person incarcerated
for sexual assault as defined in paragraph (1) of subsection
(a) of Section 5-9-1.7 of the Unified Code of Corrections.
(c) A person subject to bail on a Category B offense shall
have $30 deducted from his or her 10% cash bond amount every
day the person is incarcerated. The sheriff shall calculate
and apply this $30 per day reduction and send notice to the
circuit clerk if a defendant's 10% cash bond amount is reduced
to $0, at which point the defendant shall be released upon his
or her own recognizance.
(d) The court may deny the incarceration credit in
subsection (c) of this Section if the person has failed to
appear as required before the court and is incarcerated based
on a warrant for failure to appear on the same original
criminal offense.
(e) This Section is repealed on January 1, 2023.

(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;
101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21. Repealed by
P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
Sec. 110-15. Applicability of provisions for giving and
taking bail. The provisions of Sections 110-7 and 110-8 of
this Code are exclusive of other provisions of law for the
giving, taking, or enforcement of bail. In all cases where a
person is admitted to bail the provisions of Sections 110-7
and 110-8 of this Code shall be applicable.
However, the Supreme Court may, by rule or order,
prescribe a uniform schedule of amounts of bail in all but
felony offenses. The uniform schedule shall not require a
person cited for violating the Illinois Vehicle Code or a
similar provision of a local ordinance for which a violation
is a petty offense as defined by Section 5-1-17 of the Unified
Code of Corrections, excluding business offenses as defined by
Section 5-1-2 of the Unified Code of Corrections or a
violation of Section 15-111 or subsection (d) of Section 3-401
of the Illinois Vehicle Code, to post bond to secure bail for
his or her release. Such uniform schedule may provide that the
cash deposit provisions of Section 110-7 shall not apply to
bail amounts established for alleged violations punishable by
fine alone, and the schedule may further provide that in
specified traffic cases a valid Illinois chauffeur's or

operator's license must be deposited, in addition to 10% of
the amount of the bail specified in the schedule.
This Section is repealed on January 1, 2023.
(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15; P.A.
101-652, eff. 7-1-21. Repealed by P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
Sec. 110-16. Bail bond-forfeiture in same case or absents
self during trial-not bailable. If a person admitted to bail
on a felony charge forfeits his bond and fails to appear in
court during the 30 days immediately after such forfeiture, on
being taken into custody thereafter he shall not be bailable
in the case in question, unless the court finds that his
absence was not for the purpose of obstructing justice or
avoiding prosecution.
This Section is repealed on January 1, 2023.
(Source: P.A. 77-1447; P.A. 101-652, eff. 7-1-21. Repealed by
P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
Sec. 110-17. Unclaimed bail deposits. Any sum of money
deposited by any person to secure his or her release from
custody which remains unclaimed by the person entitled to its
return for 3 years after the conditions of the bail bond have
been performed and the accused has been discharged from all
obligations in the cause shall be presumed to be abandoned and

subject to disposition under the Revised Uniform Unclaimed
Property Act.
This Section is repealed on January 1, 2023.
(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;
101-81, eff. 7-12-19; P.A. 101-652, eff. 7-1-21. Repealed by
P.A. 102-28, eff. 1-1-23.)
(725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
Sec. 110-18. Reimbursement. The sheriff of each county
shall certify to the treasurer of each county the number of
days that persons had been detained in the custody of the
sheriff without a bond being set as a result of an order
entered pursuant to Section 110-6.1 of this Code. The county
treasurer shall, no later than January 1, annually certify to
the Supreme Court the number of days that persons had been
detained without bond during the twelve-month period ending
November 30. The Supreme Court shall reimburse, from funds
appropriated to it by the General Assembly for such purposes,
the treasurer of each county an amount of money for deposit in
the county general revenue fund at a rate of $50 per day for
each day that persons were detained in custody without bail as
a result of an order entered pursuant to Section 110-6.1 of
this Code.
This Section is repealed on January 1, 2023.
(Source: P.A. 85-892; P.A. 101-652, eff. 7-1-21. Repealed by
P.A. 102-28, eff. 1-1-23.)

Section 255. The Statute on Statutes is amended by adding
Section 9 as follows:
(5 ILCS 70/9 new)
Sec. 9. Stated repeal date; presentation to Governor. If a
bill that changes or eliminates the stated repeal date of an
Act or an Article or Section of an Act is presented to the
Governor by the General Assembly before the stated repeal date
and, after the stated repeal date, either the Governor
approves the bill, the General Assembly overrides the
Governor's veto of the bill, or the bill becomes law because it
is not returned by the Governor within 60 calendar days after
it is presented to the Governor, then the Act, Article, or
Section shall be deemed to remain in full force and effect from
the stated repeal date through the date the Governor approves
the bill, the General Assembly overrides the Governor's veto
of the bill, or the bill becomes law because it is not returned
by the Governor within 60 calendar days after it is presented
to the Governor.
Any action taken in reliance on the continuous effect of
such an Act, Article, or Section by any person or entity is
hereby validated.
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by

text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.